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Item T05
T.5 County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS Mayor Craig Cates,District 1 Mayor Pro Tem Holly Merrill Raschein,District 5 The Florida Keys Michelle Lincoln,District 2 James K.Scholl,District 3 David Rice,District 4 County Commission Meeting March 22, 2023 Agenda Item Number: T.5 Agenda Item Summary #11850 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Alice Steryou(305) 292-4549 None AGENDA ITEM WORDING: Approval of Second Amendment to Agreement with Siemens Industry, Inc., a Sole Source provider, to add or update certain Federal provisions. 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 Agreement had 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 Agreement provides for an annual price adjustment and on October 19, 2022, the BOCC approved a First Amendment for an increase of five and five tenths percent (5.5%), increased the pricing for the second year services to $252,145.00, plus repairs, and updated one Federal contract provision by including an Energy Efficiency clause. In 2022, Monroe County entered into the Coronavirus State and Local Fiscal Recovery Funds Financial Assistance Agreement ("ARPA Funding Agreement") and received grant funding for various projects to now be done utilizing those funds. In order to do so, however, some of the contractor agreements need to be updated to include certain provisions required by the ARPA Funding Agreement. Some additional Federal or FEMA provisions in this contract also need revised or updated as well. Staff is requesting approval of a Second Amendment to Agreement with Siemens to update contract provisions to comply with Federal, State or County contract provisions as well as the ARPA Funding Agreement. PREVIOUS RELEVANT BOCC ACTION: October 19, 2022 BOCC approved a First Amendment 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 Packet Pg.4522 T.5 County facilities. The Amendment increased the contract amount by 5.5% and updated certain Federal provisions. 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. 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: Second Amendment with Siemens Industry, a Sole Source provider to add or update certain Federal provisions STAFF RECOMMENDATION: Approval DOCUMENTATION: 03-22-2023-Siemens Second Amendment to Agreement-((adds ARPA) (final legal stamped) 10-1 9-2022-Item C3 First Amendment_Siemens-Exec S3_Siemens Industry Agreement(fully executed April 2022) 2022 04 COI Siemans Cyber Signed exp 10 123 2022 10 COI Siemans Signed exp 10 12023 Notice of Intent MC Siemens 10-15-21 Executed Sole Source - Siemens Physical Maintenance from Tech Services_IT FINANCIAL IMPACT: Effective Date: 03/22/2023 Expiration Date: 9/30/2024 (end of initial three year term, unless options to renew are exercised) Packet Pg.4523 T.5 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: N/A Budgeted: Yes Source of Funds: CPI: yes 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 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*Rep airs/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. This Amendment seeks to add certain Federal provisions to update the contract and provide for ARPA language. N/A REVIEWED BY: William DeSantis Completed 03/06/2023 12:00 PM Patricia Eables Completed 03/14/2023 10:38 AM Brian Bradley Completed 03/14/2023 10:45 AM Purchasing Completed 03/14/2023 10:50 AM Budget and Finance Completed 03/14/2023 11:40 AM Lindsey Ballard Completed 03/14/2023 1:35 PM Board of County Commissioners Pending 03/22/2023 9:00 AM Packet Pg.4524 T.5.a SECOND AMENDMENT TO SOLE SOURCE AGREEMENT WITH SIEMENS INDUSTRY, INC. E 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 0 day of March, 2023, by and through MONROE COUNTY, FLORIDA ("COUNTY" or "OWNER")apolitical subdivision of the State of Florida,whose address is 1100 Simonton Street, Key West, Florida 33040, and SIEMENS INDUSTRY, INC. ("CONTRACTOR" or 0 "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 2 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 U) 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 0 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 0 c� 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 E facilities ("Original Agreement"); and M WHEREAS, on October 19, 2022, the BOCC approved a First Amendment to amend the Q Original Agreement to increase payment amounts by five and five tenths percent (5.5%) N retroactive to October 1, 2022, pursuant to the terms of the Original Agreement and to update the Federal Required Contract Provisions; and c� 1 Siemens Second Amendment Agreement Packet Pg.4525 T.5.a WHEREAS, this Second Amendment is to amend the Original Agreement to update the Federal Required Contract Provisions; and E WHEREAS, the parties find that it would be mutually beneficial to amend its Original Agreement and enter into this Second Amendment to Agreement; a� 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 U) 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 parry to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other parry 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 0 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: 0 c� 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 E foregoing. N 2) The Department of the Treasury Office of Inspector General and the Government N N 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 Q other investigations. c� 2 Siemens Second Amendment Agreement Packet Pg.4526 T.5.a All other subsequent paragraphs, after this initial first paragraph, currently contained within Paragraph 12 of the Original Agreement remain the same. E 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 E E 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 E employed or utilized by the Contractor in the performance of this Contract. U) 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 U) 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 0 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 E 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 U) Paragraph 18 as follows: u 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 N Act of 1964, which prohibits recipients of federal financial assistance from N N excluding from a program or activity, denying benefits of, or otherwise i discriminating against a person on the basis of race, color, or national origin (42 4, a U.S.C. § 2000d et 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 Packet Pg.4527 T.5.a 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 E d the Original Agreement, and replace it in its entirety with the following paragraph- 0 c� 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. 0 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 0 Treasury (hereinafter "ARPA Funding Agreement") attached hereto and made a part of the Original Agreement, as amended, as EXHIBIT "E". E 6. The Original Agreement, as amended, is hereby amended further to add the following 2 Paragraph 60, Additional Federal and/or Department of the Treasury Requirements, as applicable, N Q as related to the ARPA Funding Agreement, and shall read as follows: N N 60. Additional Federal, and/or Department of the Treasury Requirements a� (as applicable): E c� 4 Siemens Second Amendment Agreement Packet Pg.4528 T.5.a The Contractor and its sub-contractors must follow the provisions set forth herein, as applicable, including but not limited to: E 601 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 E 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 �E affecting the awarded funds in accordance with 2 C.F.R. § 200.112. 0 c� 60.2 Remedial Actions. In the event of the Contractor's noncompliance with section 602 LO 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 U) 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)(ii)(III) of the Act, as applicable. U) 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 of the Act and guidance issued b Treasury regarding the foregoing. (� � g y n' g g � 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. E Federal regulations applicable to this Department of Treasury award include, without limitation, the following: 0 i. Uniform Administrative Requirements, Cost Principles, and Audit 0 Requirements for Federal Awards, 2 C.F.R. Part 200, other than such U) provisions as Treasury may determine are inapplicable to this award an E subject to such exceptions as may be otherwise provided by Treasury. en Subpart F —Audit Requirements of the Uniform Guidance, implementing M the Single Audit Act, shall apply to this award. N ii. Universal Identifier and System for Award Management(SAM), 2 C.F.R. N 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. c� 5 Siemens Second Amendment Agreement Packet Pg.4529 T.5.a 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 E 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 E implementing regulation at 31 C.F.R. Part 19. V. Recipient Integrity and Performance Matters,pursuant to which the award 0 term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby LO incorporated by reference. vi. Governmentwide Requirements for Drug-Free Workplace 31 C.F.R. Part CL 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21. U) 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. d 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. a� 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] 0 [was] supported, in whole or in part, by federal award number [enter project FAIN] 0 awarded to [name of Recipient] by the U.S. Department of the Treasury." U) a� E 60.7 Debts Owed the Federal Government. N Q N a. Any funds paid to the Contractor(1) in excess of the amount to which Contractor N 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 Packet Pg.4530 T.5.a and have not been repaid by Contractor shall constitute a debt to the federal government. E 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 E 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 E in Attachment A. Treasury will take any actions available to it to collect such a debt. LO 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 U) in death, bodily injury,property damages, or any other losses resulting in any way 0 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 0 the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or E 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. u LO U) b. The list of persons and entities referenced in the paragraph above includes the 0 05 following: N i. A member of Congress or a representative of a committee of Congress; N ii. An Inspector General; iii. The Government Accountability Office; c� 7 Siemens Second Amendment Agreement Packet Pg.4531 T.5.a iv. A Treasury employee responsible for contract or grant oversight or management; 0 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. 0 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. :6 0 CL 60.10 Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043 E 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 U) 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. 0 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 E amended, not inconsistent herewith, shall remain in full force and effect. d 0 c� LO U) E [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 2 en [SIGNATURE PAGE TO FOLLOW] M a cN CN cN M E c� 8 Siemens Second Amendment Agreement Packet Pg.4532 T.5.a U) IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have set their hands and seals the day and year first above written. E (SEAL) BOARD OF COUNTY COMMISSIONERS E Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA 0 c� By: By: As Deputy Clerk Mayor CL E Date: Witnesses for CONTRACTOR: CONTRACTOR: CL SIEMENS INDUSTRY, INC. U) By: Signature of person authorized to Signature legally bind Corporation E Date: 0 Date Print Name Print Name and Title E Signature E 0 c� Date Print Name U) E M cN cN ON NrY ATTORNEY'S()PEKE cv E DAS T FEU cN M P TROA ALES 5T1 02 'DATE: E 9 Siemens Second Amendment Agreement Packet Pg.4533 T.5.a U) EXHIBIT "E" E CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FINANCIAL ASSISTANCE AGREEMENT CL E U) U) E E E 0 0 en U) a 0 E en CN CN CN CN M E to Siemens Second Amendment Agreement Packet Pg.4534 U) ONI B Approved No. 1505-0271 ds F,xpuation Date: 11,30,2021 E 0 1, S. CORONAVIRUS STAIT AND LOCAL FISCAL RECOVERY Ft.'NDS Recipient naine and address� Nuinber:073870757 Monroe Countv Board of Con-unissioners Taxpayer Identification Nuinber:596000749 E I 100 StItionton Strect, Rooin 2!-2 13 !lssi,.',,tance Listing Number tind'fitle:21,027 key NVest,Florida 33040 E ,sections 602(b)and 603(b)ol'the Social Security Act(the Act)as added by section 9901 ofthe Aniencan Rescue Plan Act, PUb. L- No. 1 l7-2(.1darch 11,2021)authorizes the Departinent ofthe Treasury(Treasury)to niako payments to certain recipients front the CoronaVIRIS SLAW FiSCA RCCOven Fund nand the,Coronavirus Locall Fiscal Recovery Fund. 0 cs CL Recipients,hereby'agrees,as a condition to receiving such payment ftorn'Freasur,,agrees to the terins,attached hereto- . E U) Recipient Digitally signed by Tina Boan Tina Boan Data 2022.08.02 09:11:02 -04'00' 76 Authorized Representative Slgllali,we(abme) Wthorized Representative Nanw! fina[loan CL Authorized Representative Title: SCIR1017 Director Budgct&Finance Date Signed'. U) E 0 .......... E Authorized Represenlitive Signature(above) E Authoriz I-Libenluft ed RepresentativeNtune: Jacob Authorized Representative Title: Chjef'RecoverN Officer,Office of'Recovery Prograins 0 Date Signed: Mav W.,2021 U) P;,PERWORI,: REDUCTION ACT NIOTICE C I he ill be MM f0f Lhe i'.S Gwernmentto pRocess mquests reap suppoft.'I'tw estnini,alac:l laced en associated ,Jfli this coNection of 0 nfoitnution is 15 niinutes perrespmse.Conunenui concerning the RUCUracy ofthis burden estiniote and m.5ggemions forl-OdL)6n,q E this hLIrdenShUUlJ fv dirvoted to the Office ofPrMw-Y,Tainsparenc.,and Recordti,Depailm ent of the Treasun,1500 Penny kania"`we.If W,V,'ashington.D.C.20220 DOT`OT send the R)IIII iv dlkaddrcm Allag'Q1110Y rrr nut QoTIdkIQ((II spoll""A'41ulm lvl"on Is lw le"It6rud to Tv'spud w"a Collection ol'infolmajoll uTIIQS%lt('kpiays a"411d covtxotnunber assigns db",ON,M, C14 Q C14 CN C14 E 11 Siemens Second Amendment Agreement Packet Pg.4535 T.5.a U) 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. E 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 0 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 CL E M 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, 0 shall have the right of access to records(electronic and otherwise)of Recipient in order to conduct audits or other 76 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. Z 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. U) 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 qp 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 Al2plicable 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 0 200,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. U) ii. Universal Identifier and System for Award Management(SAM),2 C.F.R.Part 25,pursuant to which the award term 0 set forth in Appendix A to 2 C.F.R.Part 25 is hereby incorporated by reference. a 05 iii. Reporting Subaward and Executive Compensation Information,2 C.F.R.Part 170,pursuant to which the award term �I set forth in Appendix A to 2 C.F.R.Part 170 is hereby incorporated by reference. CN CN iv. OMB Guidelines to Agencies on Goverumentwide Debarment and Suspension(Nonprocurement),2 C.F.R.Part 1 CN 180,including the requirement to include a term or condition in all lower tier covered transactions(contracts and N 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 M implementing regulation at 31 C.F.R.Part 19. Q E c5 12 Siemens Second Amendment Agreement Packet Pg.4536 T.5.a U) 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 0 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; t3 iii. Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C. §794),which prohibits discrimination on the CL basis of disability under any program or activity receiving federal financial assistance; E iv. The Age Discrimination Act of 1975,as amended(42 U.S.C. §§6101 et seq),and Treasury's implementing t) regulations at 31 C.F.R.Part 23,which prohibit discrimination on the basis of age in programs or activities 6 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 76 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. CL 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 e) 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. qs 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 amountto 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 theLO Act and have not been repaid by Recipient shall constitute a debt to the federal government e) a b. Any debts determined to be owed the federal government must be paid promptly by Recipient.A debt is delinquent if it has 0 not been paid by the date specified in Treasury's initial written demand for payment,unless other satisfactory arrangements E have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). LO Treasury will take any actions available to it to collect such a debt. �I cN cN c^a cN M E 13 Siemens Second Amendment Agreement Packet Pg.4537 T.5.a U) 15.Disclaimer. a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of E 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. E b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States and Recipient. 0 U 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 CL believes is evidence of gross mismanagement of a federal contract or grant,a gross waste of federal funds,an abuse of E 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. U) 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; 6 ii. An Inspector General, iii. The Gov ernmentAccountability Office-, CL 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; U)'L3 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 0 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. E 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. E 'L3 0 U) E 0 M cN cN CN cN M 4i E 14 Siemens Second Amendment Agreement Packet Pg.4538 T.5.a U) OMB Approved No. 1505-0271 Expiration Date: 11/30/2021 q 6%S 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. a 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. E 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 e) 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.len.2ov. 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 0 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, qp contractors,subcontractors,successors,transferees,and assignees: The sub-grantee, contractor,subcontractor,successor, transferee,and assignee shall comply with Title VI of the Civil Rights,4ct of 1964, which prohibits recipients offederal financial assistance from excluding from a program 0 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 Department of the Treasury's Title V1 regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract(or U) agreement). Title VI also includes protection to persons with "Limited English Proficiency"in any program or ap activity receivingfederal financial assistance, 42 U.S.C.§2000d et seq.,as implemented by the Department of the Treasury's Title I7 regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement M 6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal N financial assistance by the Department of the Treasury,this assurance obligates the Recipient,or in the case of a subsequent N transfer,the transferee,for the period during which the real property or structure is used for a purpose for which the federal N financial assistance is extended or for another purpose involving the provision of similar services or benefits.If any M E U 15 Siemens Second Amendment Agreement Packet Pg.4539 T.5.a t) 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-site compliance reviews,and reporting requirements. S. 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 E 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 VI.. 0 9. Recipient must provide documentation of an administrative agency's or court's 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 C. agency finding of discrimination,please so state. E 10. If the Recipient makes sub-awards to other agencies or other entities,the Recipient is responsible for ensuring that t) sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make r sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively qp monitoring the civil rights compliance of sub-recipients. The United States of America has the right to seek judicial 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 e) that the Recipient is in compliance with the aforementioned nondiscrimination requirements. L3 Recipient Date Tina Boan Signature of Authorized Official: �9 PAPERWORK REDUCTION ACT NOTICE 0 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 Qp 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 E control number assigned by OMB. E 0 U U) E 0 a M CN CN a CN CN a M E U 16 Siemens Second Amendment Agreement Packet Pg.4540 Kevin MadokyyO , cpA Clerk of the Circuit Court& Comptroller— Monroe County, Florida U- DATE: October 2 t, 2022 TO: Alice Steryou CL Contract Monitor 0 'a 'a FROM: Pamela G Hanc( .4' SUBJECT: October 19' BOCC Meeting U) Attached is an electronic copy of each the following items for your handling: U) E C3 I st Amendment to Agreement with Siemens Industry, Inc., as a Sole Source .2 provider for testing, certification, and maintenance of Fire Alarm, Smoke Control, and Building (n Automation Systems on Monroe County facilities adjusting the contract amount by a 5.5% increase and updating a federal provision. Funding is Ad Valorem. E 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 E been sold under the Resale Program. 0 Should you have any questions please Feel Free to contact iiie at (305) 292-3550. x W U) E E E U) 2= U E cc: Count),Attorney CN CN Q Finance CN File E 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 1 Packet Pg.4541 T.5.b FIRST AMENDMENT TO SOLE SOURCE AGREEMENT WITH SIEMENS INDUSTRY, INC. FOR TESTING, CERTIFICATION, AND MAINTENANCE OF ENVIRONMENTAL BUILDING MANAGEMENT SYSTEMS MONROE COUNTY, FLORIDA 0 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 c� WHEREAS, the BOCC approved on March 17,2021,a request for a waiver of the Monroe X 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 i 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 t`'�'i Alarm, Smoke Control, and Environmental Building Management Systems on Monroe County facilities ("Original Agreement"); and 25 cN cN WHEREAS, Paragraph 10 G of the Original Agreement provides that commencing after N T- 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 T. 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.4542 T.5.b December 31" of the previous year using the most recently published indicator, or adjusted by an a� 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, c� 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 0 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 9 U) 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 a 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. (n U 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. 1 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: 0I Monroe County Detention Center $93,293.65 per year Plantation Key Detention Center and Courthouse $ 7,564.35 per year E Sheriff's Administration Building $ 20,171.60 per year Monroe County Juvenile Justice Building $ 35,300.30 per year U Monroe County Government Center (Marathon) $ 17,650.15 per year Medical Examiner's Office $ 7,564.35 per year N Gato Building $ 7,565.35 per year Harvey Government Center $ 7,565.35 per year Murray Nelson Government Center $ 7,565.35 per year E c� 2 Siemens First Amendment Agreement—Effective October 1,2022 Packet Pg.4543 T.5.b 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 c� Lester Building. $ 7,565.35 per year Freeman Justice Center $ 7,565.35 per year 0 TOTAL $252,145.00 Annual 0 3. The Original Agreement is hereby amended to add the following as Paragraph 54.21, Energy Efficiency, and shall read as follows: U) 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 05 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 E Agreement, in all other respects, the terms and conditions set forth in the Original Agreement remain in full force and effect. E a 0 c� c� X U) [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] i [SIGNATURE PAGE TO FOLLOW] E M U E cN cN cN E c� 3 Siemens First Amendment Agreement—Effective October 1,2022 Packet Pg.4544 T.5.b 1'TNESWHEREOF, COUNTY and CONTRACTORhereto have set their hands seals the dqy and year first above written. " "' E L), BOARD OF COUNTY COMMISSIONERS Attu:ICE -14 MADOIC, CLERK OF MONROE COUNTY,FLORIDA As Deputy Clerk May ate: „¢C w to Witnesses for CONTRACTOR: SIEMENS Y,INC. by WmYMM kK—d E Summerlin Jr Dulaney lay CAWuwcmg µwwcaWWrvwama mcN„xmwarsannwnu'aNflaa W„ II#+k bvp l�eU ruoarwr � ar a'a '.mmo-ua.xsu.�wreoeana�utlVun&hwwarer� Brian .� y® ,0� M� E %d22.16,C46 tl9^:�a:77-¢wW'CDID Signature of person authorized t0 Signature a ally bind Corporation c� Brian Dulaney mate: H. Joe Surnmerlin Branch FBA Manager Branch General Manager Date Print Name Print Name and Title U) E Signature �� Mangieri LouAnn m„oaawwm<,�, 3w ,eb, �� . ro E Date Print Name E U) ,— MOPM COMM ATTOMEVS OFFICE U- U SMEARES E ASWTANT COUNTY ATTORNEY DAYE: 3 0 7 c°N cN cN E cs "m°: CU Siemens first Amendment Agreement mm-Effective October t,2022 � Packet Pg.4545 T.5.b ,4c�COzo® CERTIFICATE OF LIABILITY INSURANCE FDATE 016/2022 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 POLICIE: 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 LL If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of 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: CL INSURER(S)AFFORDING COVERAGE NAIC# CN 102147003-RAM-PROF-22/23 228 GRAM NOC60 INSURERA: HDI Global Insurance Company 41343 0 INSURED INSURER B: Travelers Property Casualty Co.of America 25674 SIEMENS INDUSTRY,INC. 1000 DEERFIELD PARKWAY INSURERC: The Travelers Indemnity Company 25658 BUFFALO GROVE,IL 60089-4513 INSURER D: 0 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: NYC-009184004-26 REVISION NUMBER: 27 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI U) INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE 9= CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM 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 INSD WVD POLICY NUMBER MM/DD MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY GLD1110114 10/01/2022 10/01/2023 EACH OCCURRENCE $ 1,000) CLAIMS-MADE 1XI OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000, , MED EXP(Any one person) $ 100" � PERSONAL&ADV INJURY $ 1,000, GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 10,000,1 X POLICY D JE� LOC PRODUCTS-COMP/OP AGG $ IP OTHER: $ B AUTOMOBILE LIABILITY TC2J-CAP-7440L34A-TIL-22 10/01/2022 10/01/2023 COEaMBINED ident SINGLE LIMIT $ 2,000) acc X ANY AUTOw BODILY INJURY(Per person) $ O X OWNED SCHEDULED �I T BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS f HIRED NON-OWNED i "'"""" PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY , ��rvrv--�^^^^�` Per accident $ x UMBRELLA LIAB OCCUR ""'+r'"'""'° EACH OCCURRENCE $ LU EXCESS LAB CLAIMS-MADE - AGGREGATE $ DED RETENTION$ 7 1 1 $ B WORKERS COMPENSATION UB-8P83929A-22-51-K(AOS) 10/01/2022 10/01/2023 X STATUTE OERH AND EMPLOYERS'LIABILITY .0 C Y/N UB-8P79233A-22-51-R AZ,MA,WI 10/01/2022 10/01/2023 ANYPROPRIETOR/PARTNER/EXECUTIVE N/A ( ) E.L.EACH ACCIDENT $ 1,000,1 B OFFICE R/M EMBER EXCLUDED? 51(Mandatory in NH) TWXJUB-7440L338-TIL-22(OH) 10/01/2022 10/01/2023 E.L.DISEASE-EA EMPLOYEE $ 1,000,E If yes,describe under """"""'$500K LIMIT/$500K SIR""""""' 1,000,i DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A PROFESSIONAL LIABILITY EOD5618803 10/01/2022 10/01/2023 1,000, 9= 0 'Deductible:$1,000,000' DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) RE:JOB NO.NA. CAS SEE ATTACHED U E CN CN C^J CERTIFICATE HOLDER CANCELLATION MONROE COUNTY BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI INSURANCE COMPLIANCE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II a 1111 12TH STREET,SUITE 408 ACCORDANCE WITH THE POLICY PROVISIONS. KEY WEST,FL 33040 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg.4546 T.5.b AGENCY CUSTOMER ID: CN102147003 LOC#: Morristown ACOOR 0 ADDITIONAL REMARKS SCHEDULE Page 2 of _ AGENCY NAMED INSURED MARSH USA,INC. SIEMENS INDUSTRY,INC. LL 1000 DEERFIELD PARKWAY 9= POLICY NUMBER BUFFALO GROVEJL 60089-4513 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS CL THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance O RE:JOB NO.NA. MONROE COUNTY BOCC IS HEREBY ADDITIONAL INSURED AS OBLIGATED UNDER CONTRACT UNDER THE REFERENCED GENERAL LIABILITY AND AUTOMOBILE LIABILITY INSURANCE U) POLICIES. E WAIVER OF SUBROGATION IS EFFECTUAL WHERE REQUIRED BY WRITTEN CONTRACT. IF THESE POLICIES ARE CANCELLED FOR ANY REASON OTHER THAN NON-PAYMENT OF PREMIUM,THE INSURER WILL DELIVER NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER UP TO 60 DAYS PRIOR TO THE CANCELLATION OR AS REQUIRED BY WRITTEN CONTRACT,WHICHEVER IS LESS. E E O U U x w U) E 0 I E E Cn u E c14 c14 c14 c5 ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg.4547 POLICY NUMBER: TC2J—CAP-744OL34A—TIL-22 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. u- BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM 0 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: 11 L- accident" or "loss" arises out of the operations U) 5. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver ap,- 'a ers To Us plies only to the person or organization desig- S U) We waive any right of recovery we may have nated in such contract. against any person or organization to the extent E A! E E 0 X W i U) E A! E E u- M U E CN CN Q CN 0) E CA T3 40 02 15 02015 The Travelers Indemnity Company.AH rights reserved. Page 1 of 1 Includes copyrighted materials of Insurance Services Office, inc. with its permission. I Packet Pg.4548 POLICY NUMBER: GLD1 1101-14 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF' RI,GHTS OF RECOVERY LL AGAINST OTHERS TO US cs This endorsement modifies insurance provided under the following: CL COMMERCIAL GENERAL LIABILITY COVERAGE PART 0 PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE 0 Name Of Person OrOrgan:ization., U) ANY PERSON OR ORGANIZATION TO THE EXTENT REQUIRED BY WRITTEN CONTRACT 9 U) E Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 2 The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section, IV—Conditions: We waive any right of recovery we may have against E 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 or organization and included in the "products- 0 completed operations hazard"'. This waiver applies only to the person or organization shown in the Schedule above. x W i U) E 2 E E LL M L) E N N Q N E CG 24 04 05 09 Insurance Services Office, Inc.,2008 Page 1 of 1 [3 FPacket Pg.4549 AMk TRAVELERV WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY U- .S M ENDORSEMENT WC 00 03 13 (00)- 1� POLICY NIUMBER: UB-8P83929A-22-51-K 0 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 U) enforce our right against the person or organization named in the Schedule. (This agreement applies only to the 'a extent that you perform work under a written contract that requires you to obtain this agreement from us.) a U) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. E SCHEDULE A! DESIGNATED PERSON: E E 0 X W U) DESIGNATED ORGANIZATION: E A! E E ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS U- WAIVER. CV) L) E CN CN Q CN E DATE OF ISSUE': 08-29-22 ST ASSIGN: Packet Pg.4550 T.5.b ,4c�COzo® CERTIFICATE OF LIABILITY INSURANCE FDATE 016/2022 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 POLICIE: 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 LL If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of 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: CL INSURER(S)AFFORDING COVERAGE NAIC# CN 102147003-RAM-CYBE R-22/23 228 DIEPPA NOC60 INSURERA: HDI Specialty Insurance Company 41343 INSURED INSURER B: SIEMENS INDUSTRY,INC. 1000 DEERFIELD PARKWAY INSURER C BUFFALO GROVE,IL 60089-4513 INSURER D: 0 INSURER E INSURER F: U) COVERAGES CERTIFICATE NUMBER: NYC-010928713-32 REVISION NUMBER: 9 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI U) INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE 9= CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM 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 INSD WVD POLICY NUMBER MM/DD MM/DD LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE1:1 OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ , MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ POLICY PRO- LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINEDSINGLELIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ U OWNED SCHEDULED AUTOS ONLY AUTOS �w BODILY INJURY(Per accident) $ HIRED NON-OWNED JISK PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR ` µ L! EACH OCCURRENCE $ a EXCESS LIAB CLAIMS-MADE � �""V��.. AGGREGATE $ DED RETENTION$ W A PY „ ^� _ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ n� OFFICE R/M EMBER EXCLUDED? � N/A al (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Cyber CYD5616703S 10/01/2022 10/01/2023 PER CLAIM 1,000, "Deductible Value:$30,000" AGGREGATE 5,000, DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) RE:JOB NO.NA. LL CAS MONROE COUNTY BOCC IS HEREBY ADDITIONAL INSURED AS OBLIGATED UNDER CONTRACT UNDER THE REFERENCED GENERAL LIABILITY AND AUTOMOBILE LIABILITY INSURANCE POLIC U E C°J N C^J CERTIFICATE HOLDER CANCELLATION MONROE COUNTY BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI INSURANCE COMPLIANCE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II a 1111 12TH STREET,SUITE 408 ACCORDANCE WITH THE POLICY PROVISIONS. KEY WEST,FL 33040 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg.4551 T.5.d ACo!zo® CERTIFICATE OF LIABILITY INSURANCE FDATE 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 of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). ,= PRODUCER CONTACT M MARSH USA,INC. NAME: PHONE FAX 445 SOUTH STREET A/C,No Ext: A/C,No): C5 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 CL INSURED INSURER B: SIEMENS INDUSTRY,INC. O 1000 DEERFIELD PARKWAY INSURER C: BUFFALO GROVE,IL 60089-4513 INSURER D O INSURER E: + INSURER F: COVERAGES CERTIFICATE NUMBER: NYC-011305472-03 REVISION NUMBER: U) 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 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-MADE1:1 OCCUR APPROVED BY RISK MANAGEMENT PREMISES Ea occurrence $ , BY MED EXP(Any one person) $ n DATE41 WW2 PERSONAL&ADV INJURY $ WAVER NA—YES® GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICYEl PRO LOC PRODUCTS-COMP/OP AGG $ JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED 0 AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ O HIRED NON-OWNED PROPERTY DAMAGE U $AUTOS ONLY AUTOS ONLY Per accident $ `w UMBRELLA LIAB OCCUR EACH OCCURRENCE $ C®1 EXCESS LAB CLAIMS-MADE AGGREGATE $ CD DED RETENTION$ $ WORKERS COMPENSATION PER OTHCL - AND EMPLOYERS'LIABILITY ,�/N 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 5,00( "Deductible Value:$30,000" AGGREGATE 5,00( C) DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) U) RE:0063V000006YCCGQAA/TESTING,CERTIFICATION,AND MAINTENANCE SERVICES EBMS E 0 U CD CN CERTIFICATE HOLDER CANCELLATION CN CN 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 KEY WEST,FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. U 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.4552 T.5.e ACo!zo® CERTIFICATE OF LIABILITY INSURANCE FDATE27/2022 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). LL 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: U INSURER(S)AFFORDING COVERAGE NAIC# CN 1 02147003-RAM--22/23 4433 DIEPPA NOC60 INSURER A:HDI Global Insurance Company 41343 CL INSURED INSURER B:Travelers Property Casualty Co.of America 25674 SIEMENS INDUSTRY,INC. 1000 DEERFIELD PARKWAY INSURER C:The Travelers Indemnity Company 25658 0 BUFFALO GROVE,IL 60089-4513 INSURER D: INSURER E O 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. U) INSR ADDL SUBR POLICY EFF POLICY EXP � LTR TYPE OF INSURANCE IN SD WVD POLICY NUMBER MMIDDIYYYY MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY GLD1110114 10/01/2022 10/01/2023 EACH OCCURRENCE $ 1,000 DAMAGE TO CLAIMS-MADE � OCCUR PREMISES (a occur ence $ 1,000 n0 MED EXP(Any one person) $ 100 nn PERSONAL&ADV INJURY $ 1,000 tl�° GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10,000 JECT 0) X POLICY❑ PRO ❑ LOC PRODUCTS-COMP/OP AGG $ E 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 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ O AUTOS ONLY AUTOS ONLY Per accident U $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ t% EXCESS LAB CLAIMS-MADE AGGREGATE $ N DED RETENTION$ $ N B WORKERS COMPENSATION UB-8P83929A-22-51-K(AOS) 10/01/2022 10/01/2023 X PER oTER H- AND EMPLOYERS LIABILITY STATUTE' C YIN UB-8P79233A-22-51-R(AZ,MA,WI) 10/01/2022 10/01/2023 1,000 CD ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ B OFFICER/MEMBER EXCLUDED? N NIA TWXJUB-7440L338-TIL-22 OH 10/01/2022 10/01/2023 CL (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 $ L59 U) DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) � RE:SERVICE PERFORMED BY SII FOR CERTIFICATE HOLDER E APPROVED BY RISK MANAGEMEN , SEE ATTACHED BY„ ., �.. . _..,r U DATE 1()/4/2()22 WAIVER N/A YES CN CERTIFICATE HOLDER CANCELLATION CN 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 J - r ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg.4553 T.5.e 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 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 CL O RE:SERVICE PERFORMED BYSII FOR CERTIFICATE HOLDER O MONROE COUNTY FACILITIES MAINTENANCE IS HEREBY ADDITIONAL INSURED AS OBLIGATED UNDER CONTRACT UNDER THE REFERENCED GENERAL LIABILITY AND AUTOMOBILE LIABILITY INSURANCE POLICIES. U) 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. U) WAIVER OF SUBROGATION IS EFFECTUAL WHERE REQUIRED BY WRITTEN CONTRACT. E 0 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. E E O U 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.4554 POLICY NUMBER: TC2J—CAP-74:4OL34A—TIL-22 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION u- This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM 0 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: 11 accident" or "loss" arises out of the operations 0 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- U) We waive any right of recovery we may have nated in such contract. against any person or organization to the extent U) E .2 E E 0 N Q N CL X U) E .2 U N N Q N E CA T3 40 02 15 02015'rhe Travelers Indeminity Company.All,rights reserved. Page 1 of 1 includes copyrighted materiall Of IMUrance Services Office, Inc.with its permission. I Packet Pg.4555 HDI GLOBAL INSURANCE COMPANY MANUSCRIPT ENDORSEMENT#32 u_ .S PolicyNumber Namedl Insured GLD1 1101-14 SIEMENS CO RPO RATION Policy Period., Inception(M-D-Y) Expiration:(M-D-Y) Effective Datean;d Time of Endorsement 0 'a 10-01-2022 10-01-2,023 10-01-2022 12:01 a.m. Standard) Time 'a M at Address of the Insured. 0 U) This Endorsement Changes The Policy. Please Read It Carefully. U) E BLANKET ADDITIONAL INSURED .2 (n This endorsement modifies insurance provided under the following, 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 ro- 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 act; < '0 or omissions of those acting on your behalf. The insurance coverage provided to such additional insured applies only a 0 to the extent required within the written agreement. cs 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 N Q exceed the lower of the Limits of Insurance provided to you in this policy, or the limits of insurance you are required to N provide in the written agreement. CL The insurance provided to the additional insured by this endorsement is excess over any valid and collectible other X insurance,whether primary,excess, contingent,or on any other basis,that is availabie 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 2M and non-contributory basis this insurance is primary to other insurance available to the additional insured and we will not (n U) share with thatother insurance. E Authorized Representative U N N Q N All terms and conditions of the policy remain unchanged THIS ENDORSEMENT MUST BE ATTACHED TO ACHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY E IS WRITTEN. pn,(., I of I Packet Pg.4556 POLICY NUMBER: GLD1 1101-14 COMMERCIAL GENERAL LIABILITY OG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US U- .S This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CL PRO DUCTSICOM PLETED OPERATIONS LIABILITY COVERAGE PART 0 SCHEDULE Name Of Person OrOrganiization:, U) ANY PERSON OR ORGANIZATION TO THE EXTENT REQUIRED BY WRITTEN CONTRACT U) Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 00 E .22 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 E above because of payments we make for injury or damage arising out of your ongoing operations or 44 your work"' done under a contract with that person E or organization and included in the "products- completed operations hazard"'. This waiver applies 0 only to the person or organization shown in the Schedule above. N Q N CL x U) E .2 L) N N Q N E CG 24 04 05 09 @ Insurance Services Office, Inc.,2008 Packet Pg.4557 WORKERS COMPENSATION TRAVELERS AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (pp)- POLICY NIIUMBER: UB-8P83929A-22-51-K CL WAIVER OF OUR IRIGHT TO RECOVER FROM OTHERS ENDORSEMENT L- 0 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.) U) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. U) SCHEDULE E DESIGNATED PERSON: E E 0 N Q DESIGNATED ORGANIZATION: N U) ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT E 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.4558 T.5.f BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Michelle Coldiron,District 2 Mayor Pro Tern David Rice,District 4 The Florida Keys I y Craig Cates,District 1 qp Eddie Martinez,District 3 q�p Holly Merrill Raschein.District 5 c5 CL September 30, 2021 0 0 Siemens Industry, Inc. (Sent via email to joesummerlin@stemens.com) U) 3021 N. Commerce Parkway Miramar, FL 33025 U) ATTENTION: Joe Summerlin, Jr. 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 0 c� 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 of Environmental Building Management Systems at certain designated County facilities ("Services"). i V- Monroe County currently has a contract with Siemens dated April 20, 2016, as amended, for similar LO 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 U)i services as detailed therein. E On March 17, 2021, the Monroe County Board of County Commissioners ("BOCC") approved a OI 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. This letter is to express the intent of the County and Siemens to finalize a contract for submission to the c� BOCC on the November 2021 agenda and to continue current services in the interim period without interruption. 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.4559 T.5.f Siemens Industry, Inc. Page Two 76 September 30, 2021 c� exceed $60,000.00 annually. Any final Agreement is subject to BOCC approval. We look forward to CL finalizing an Agreement with Siemens and continuing our professional relationship. Sincerely, 0 cn=Kevin G.Wilson,P.E.,o=Monroe County,FL(the Florida Keys,ou, r V) emaikwilson- �7 kevin@monroecounty-fl.gov,c=US 2021.09.30 15,19.15-04'00' Kevin G. Wilson Assistant County Administrator E AGREED: SIEMENS INDUSTRY, INC. E Mathewson Digitally at Mathewson Daniel DN.cn=Mathehewson Daniel, omsaiemens, 0 e il=dan.mathewson@siemens con BY: Daniel Date 2021.10.15 15 39 20-04'00' Dan Mathewson Branch General Manager Name Title X i Date: CN LO t) i E U i E MONROr COUNTY A TO EIS' OFFICE 4— VEDASTO ASS$STANT COUNTY ATTORNEY 0 f4, gNAw E t,.E E Packet Pg.4560 T.5.g �d BOARD OF COUNTY COMMISSIONERS County of Monroe �, Mayor Michelle Coldiron,District 2 qp The Florida Ke S Mayor Pro Tern David Rice,District 4 L3 y F Craig Cates,District 1 C, Eddie Martinez,District 3 Mike Forster,District 5 0 0 U) To: Office of Management & Budget From: Alan MacEachern Director of Information Technology Monroe County BOCC E Date: December 15t", 2020 E RE: Sole Source—Siemens 0 c� Monroe County BOCC is currently in the process of implementing Desigo, an environmental management software system from Siemens to support the management of multiple buildings from .2 one centralized server. This will enable cross building capabilities as well as provide remote access to any included building environmental control. c� In order to align with that project and ensure that activities and updates occurring during the E maintenance of the actual environmental equipment are updated appropriately in the Desigo i management software, Siemens resources should also be responsible for the physical maintenance 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. Best Regards, E n Alan MacEachern 0 0 LO c� Packet Pg.4561