Item C09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 16.2006 Division: Public Works
Bulk Item: Yes X
No
Department: Correction Facilities
Staff Contact Person: Robert Stone
AGENDA ITEM WORDING: Approval of Renewal Agreement with Siemens Building
Technologies, Inc. for testing, certification, and maintenance of the Monroe County Detention Center's
fire alarm system, building automation system, and smoke control system; the Sheriff's Administration
Building's tire alarm system and building automation system; the Juvenile Justice Center's tirc alarm
system and building automation system; and the Courthouse Annex's fire alarm system.
ITEM BACKGROUND: On May 31, 2006, the current contract with Siemens Building
Technologies, Inc. will expire. Staff recommends exercising the third of three options to renew the
contract for an additional one year period in accordance with Article 3.10 of the original agreement
dated June 18, 2003.
PREVIOUS RELEVANT BOCC ACTION: On June 18, 2003, the BOCC awarded the bid and
entered into the contract with Siemens Building Technologies, Inc. On April 21, 2004, the BOCC
approved the first of three options to renew the contract for an additional one year period, and on April
20, 2005, the BOCC approved the second of three options to renew the contract for an additional one-
year period.
CONTRACT/AGREEMENT CHANGES: Renew contract from June 1,2006 to May 31, 2007;
increase contract cost by the CPI-U of3.6% from $100,457.00 per year to $104,072.00 per year.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST:$l 04,072.00 per year
BUDGETED: Yes X
No
COST TO COUNTY: $same
SOURCE OF FUNDS: Fine & Forfeiture Fund
REVENUE PRODUCING: Yes
No X
AMOUNT PER MONTH
Year
APPROVED BY: County Atty _
DIVISION DIRECTOR APPROVAL:
OMB/Purchasing _ Ri~k Management_
/~.. /:l / "
I IvV"
L {;/.~~-
Dent Pierce
DOCUMENT A TION:
Included
Not Required
DISPOSITION:
AGENDA ITEM
Revised 2/05
MONROE COUNTY BOARD
COUNTY
CONTRACT SUMMARY
Contract with:
Siemens Building Tech
Contract #
Effective Date:
Expiration Date:
06/01/06
05/31/07
Contract Purpose/Description:
Contract Renewal for the testing, certification, and maintenance of the Detention
Center's fire alarm system, building automation system, and smoke control system; the
Juvenile Justice Center's fire alarm system and building automation system; the Sheriff
Administration Building's fire alarm system and building automation system, and the
Courthouse Annex fire alarm system.
Contract Manager: Jo B. Walters
(Name)
4549
(Ext. )
Facilities Maint/Stop #4
(Department/Stop #)
for BOCC meeting on
05/16/06
Agenda Deadline: 05/02/06
CONTRACT COSTS
Total Dollar Value of Contract: $ 1
Budgeted? Yes[SJ No D Account Codes:
Grant: $ N/ A
County Match: $ N/ A
Current Year Portion: $ 1.00
101-20505-530-340-
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
Changes
Needed
YesD No[~r
YesD NoG:t
Yes0 NoD
Date Out
Risk Management
O.~B./Purchasing
Comments:
County Attorney
OMB Fonn Revised 2/27/01 Mep #2
RENEW~AG~MENT
(Cedifieation. Mainteaanc:e. and Testing Senice Agn:emcmt Cor the following: I) Detealion
Facility Fire Alarm System, Building Automation System & Smoke Comrol System; 2) Sherift"s
AdmiDistndion Building Fire alarm System aDd Building Automation System; 3) the 1uveoile
Justice Center's Fire Alarm System and Building Automation System; and 4) the Courthouse
Annex: Pire Alarm System in Monroe County~ Florida)
DDS RENEWAL AGREBMENT is made and catered into this _ day of May. 2006,
between the COUNTY OF MONROE and SIBMENS BUILDING TECHNOLOGIES. INC.
flkIa LaDdis & S~ IDe.. in 0. 10 renew tile original asreement between the parties dated
June 18, 2003. and as renewed on April 21, 2004. 8Dd nmewed on April 20. 200S, (copies of
which are incorporIIted hereto by refeaence) as fbIlow8:
1. ID aecordance with Section 3.10 of the original Asreemeqt dated June 18. 2003. the
County exercises the third of three options to renew the Agreement fbr an additional 0..
year period.
2. Payment by the County to Siemens Building Tedmologics, IDe. Cor the services provided
increases by 3.68.4 ftom $25,114.00 to $26~018.00 quartedy~ and &om $100.457.00 to
Sl04~072.00 per year. IIIm:ase reSects the pelceatage cblIIJge in the CODIUIIlCr Price
Index for all urban consumers for the most recent twelve montbs available.
3. The term of tho renewed agreement shall commence on June 1.2006. and ,ball terminate
on May 31, 2007.
4. ID all otba- respecCs. the miginaI agreement dated June 18, 2003, and . reuewed on April
21. 2004 and renewed on Apri120, 200s. remains in fUll force and efleet.
IN WlTNBSS WHEREOF, the parties bave hereunto set their bands and _ the day and year
first written above.
By:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNrY. FLORIDA
By:
Attest: Danny L. Kolhase. Clerk
SlEMBNS BUD..DING TECHNOLOOJES,INC.
1ljr.~cw<=tL-.r-
"'" b~()..W o+- Q ~l\. 60...\ l'WI.~M
. 0~<i.J M~~
RENEWAL AGREEMENT
(Certification, Maintenance, and Testing Service Agreement for the following: 1) Detention
Facility Fire Alann System, Building Automation System & Smoke Control System; 2) Sheriff's
Administration Building Fire Alarm System and Building Automation System; the Juvenile
Justice Center's fire alann system and building automation system; and the 4) Courthouse Annex
Fire Alann System in Monroe County Florida.)
THIS RENEWAL AGREEMENT is made and entered into this 20th day of April, 2005, between
the COUNTY OF MONROE and SIEMENS BUILDING TECHNOLOGIES, INC. flk/a/ Landis
& Staefa, Inc. in order to renew the original agreement between the parties dated June 18,2003,
and as renewed on April 21, 2004, (copies of which are incorporated hereto by reference); as
follows: ' .
1. In accordance with Section 3.10 of the original Agreement dated June 18, 2003, the
County exercises its second of three options to renew the Agreement for an additional
one-year period.
2. Payment by the County to Siemens Building Technologies, Inc. for the services provided
increases by 2.97% from $24,390.00 to $25,114.00 quarterly, and from $97,560.00 to
$100,457.00 per year. Increase reflects the percentage change in the Consumer Price
Index for all urban consumers for the most recent twelve months available.
3. The term of the renewed agreement shall commence on June I, 2005, and shall terminate
on May 31, 2006.
4. In all other respects, the original agreement dated June 18,2003, and as renewed on April
'. 21 t~, remains in full force and effect.
. .-" - ,- - ,,','~~'. ~-)~~~~-
, /.~.~'Z~~REOF, parties have hereunto set their hands and seal, the day and year first
'"W9-uei\~~,.. . M :; I :J: ,:) --,~
. ~,: ~ :':;""'~::~~~', /1 ~~. ..~~;~ : C> ~"'.- _~ . .
~/:;6~. *f . '- BOARD OF COUNTY;C~IoifiRS~""T1
~,~ "':<::cr~;r~f <;" ,.' OFMONROECOUNrtY,~A -< ~
''':'':'r'::@ O. r- - - "
Br- "P~ ~~
:<;-i:I: N n
." :P .. C;.
~ ~ .. ~)
CANt -"
GEORGE T. BURCK, JR
VfC€ PRESIDEfff, TREASURER
By:
~
S=-II-'"OS-
RENEWAL AGREEMENT
(Certification, Maintenance, and Testing Service Agreement for the following: 1) Detention
Facility Fire Alarm System, Building Automation System & Smoke Control System; 2) Sheriff's
Administration Building Fire Alarm System and Building Automation System; the Juvenile
Justice Center's fire alarm system and building automation system; and the 4) Courthouse Annex
Fire Alarm System in Monroe County Florida.)
TIllS RENEWAL AGREEMENT is made and entered into this 21 st day of April, 2004, between
the COUNTY OF MONROE and SIEMENS BunnING lECHNOLOGIES, INC. flklaI Landis
& Staefa, Inc. in order to renew the original agreement between the parties dated June 18, 2003
(a copy ofwmch is incorporated hereto by reference); as follows:
1. In accordance with Section 3.10 of the original Agreement dated June 18, 2003, the
County exercises its first of three options to renew the Agreement for an additional one-
year period.
2. Payment by the County to Siemens Building Technologies, Inc. for the services provided
increases by 1.']0.10, from $23,982.00 to $24,390.00 quarterly, and from $95,928.00 to
$97,560.00 per year. Increase reflects the percentage change in the Consumer Price
Index for all urban consumers for the most recent twelve months available.
3. The term of the renewed agreement shall commence on June 1, 2004, and shall terminate
on May 31, 2005.
4. In all other respects, the original agreement dated June 18, 2003 remains in full force and
a 0 effect.
a:: - .
o .. """...:3
.~IN ~~ THEREOF, parties have hereunto set their hands and seal, the day and year first
o-:wriiin ~
a:: ~o:~ ...
~ D~ 1:.!~ti.HAGE. CLERK
o >- >-:5""" .
~.Y~
Deputy r!1erk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
~
David P. Rice, Mayor Pro Tern
SIEMENS BUILDING TECHNOLOOIES, INC.
iitL~ ~- ~D
~r~~
By: vJ.L ~ ~
Dj:>"/r, Cr f'Z1... ;oJ,..
.
ZAN . UTTON
ASSIST~T!l'Y ATTORNEY
"'aID '()y
v 0__ I
CONTRACT AGREEMENT
This agreement, made and entered into this 18th day of June, 2003
A.D., by and between Monroe County, Florida, party of the first
part (hereinafter sometimes called the "Owner"), and Siemens
Building Technologies, Inc., party of the second part
(hereinafter sometimes called the "Contractor").
WITNESSED: That the parties hereto, for the consideration
hereinafter set forth, mutually agree as follows:
3.01 SCOPE OF WORK
The Contractor shall furnish all labor, materials, equipment,
machinery, tools, apparatus, and transportation and perform all
of the work described in the Specification entitled:
CERTIFICATION, MAINTENANCE, AND TESTING SERVICE AGREEMENT
DETENTION FACILITY
Fire Alarm System
Building Automation System
Smoke Control System
SHERIFF'S ADMINISTRATION BUILDING
Fire Alarm System
Building Automation System
COURTHOUSE ANNEX
Fire Alarm System
MONROE COUNTY JUVENILE JUSTICE CENTER
Fire Alarm System
Building Automation System
MONROE COUNTY, KEY WEST, FLORIDA
and his bid dated May 20, 2003, attached hereto and incorporated
as part of this contract document, and shall do everything
required by this Contract and other Contract Documents.
3.02 THE CONTRACT DOCUMENTS
a) The Contract Documents consist of this Contract Agreement,
all Change Orders, the Request for Bids, any Addenda, the
Specification PaCkage, the Insurance/Indemnification/Hold
Harmless Documents, the Non-Collusion Affidavit, the
Drug-Free Work Place Form, the Ethics Clause, and any other
Amendments hereto executed by the parties hereafter. These
form the Contract, and all are as fully a part of the
Contract as if attached to this Agreement or repeated herein.
3.03 ASSURANCE AGAINST DISCRIMINATION
The CONTRACTOR shall not discriminate against any person on the
basis of race, creed, color, national origin, sex, age, or any
other characteristic or aspect which is not job related, in its
recruiting, hiring, promoting, terminating, or any other area
affecting employment under this agreement or with the provision
of services or goods under this agreement.
3.04 ASSIGNMENT
The CONTRACTOR shall not assign or Subcontract this agreement,
except in writing and with the prior written approval of the
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS and CONTRACTOR, which
approval shall be subj ect to such conditions and provisions as
the OWNER and CONTRACTOR deem necessary. This agreement shall be
incorporated by reference into any assignment or subcontract and
any assignee or subcontractor shall comply with all of the
provisions of this agreement. Unless expressly provided for
therein, such approval shall in no manner or event be deemed to
impose any obligation upon the OWNER in addition to the total
agreed-upon price of the services/goods of the CONTRACTOR, nor
relieve the Contractor of its obligations under this contract.
3.05 COMPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, the
CONTRACTOR shall abide by all statutes, ordinances, rules and
regulations pertaining to, or regulating the provisions of, such
services, including those now in effect and hereinafter adopted.
Any violation of said statutes, ordinances, rules and regulations
shall constitute a material breach of this agreement and shall
enti tIe the OWNER to terminate this contract immediately upon
delivery of written notice of termination to the CONTRACTOR.
3.06 LABOR, MATERIALS AND EQUIPMENT:
a) CONTRACTOR shall provide competent, suitably qualified
personnel to perform the Work as required by the Contract
Documents. CONTRACTOR shall at all times maintain good
discipline and order at the facility.
b) All materials and equipment shall be of good quality and new,
except as otherwise provided in the Contract Documents. If
required by the OWNER, CONTRACTOR shall furnish satisfactory
evidence (including reports of required tests) as to the kind
and quality of materials and equipment. Original invoices
will be submitted to the OWNER for reimbursement. All
materials and equipment shall be applied, installed, connect-
ed, erected, used, cleaned and conditioned in accordance with
the instructions of the applicable Supplier except as other-
wise provided in the Contract Documents.
c) The OWNER is tax exempt and reserves the right to purchase
directly various materials and equipment that may be a part
of the CONTRACT. If the OWNER elects to make a particular
purchase, the Director of Facilities Maintenance, Public
Works Division, will act as a purchasing agent for the OWNER.
The OWNER will, via a Purchase Contract, purchase the
materials and equipment, and the Contractor shall assist the
Director of Facilities Maintenance, Public Works Division in
the preparation of these Purchase Contracts.
d) Independent Contractor Status and Compliance with the
Immigration Reform and Control Act of 1986.
At all times and for all purposes under this agreement the
CONTRACTOR is an independent contractor and not an employee
of the OWNER. No statement contained in this agreement shall
be construed so as to find the CONTRACTOR or any of his/her
employees, contractors, servants, or agents to be employees
of the OWNER. The CONTRACTOR acknowledges that it is
responsible for complying with the provisions of the
Immigration Reform and Control Act of 1986, located at 8
U.S.C. Section 1324, et seq., and regulations relating
thereto. Failure to comply with the above provisions of this
contract shall be considered a material breach and shall be
grounds for immediate termination of the contract.
e) The OWNER designates the Director of Middle Keys Operations,
Public Works Division, to function as Contract Manager, who
shall be responsible for enforcing performance of the Con-
tract terms and conditions, serve as liaison with the
contractor, and approve all invoices prior to payment.
3.07 SAFETY AND PROTECTION
a) CONTRACTOR shall be responsible for initiating, maintaining
and supervising all safety precautions and programs in
connection with the Work. CONTRACTOR shall take all neces-
sary precautions for the safety of, and shall provide the
necessary protection to prevent damage, injury or loss to:
1) all employees on the Work and other persons and
organizations who may be affected thereby;
2) all the Work and materials and equipment to be
incorporated therein, whether in storage on or
off the site; and
3) other property at the site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements, road-
ways, structures, utilities and underground facilities
not designated for removal, relocation or replacement in
the course of construction.
b) CONTRACTOR shall comply with all applicable Laws and
Regulations of any public body having jurisdiction for the
safety of persons or property or to protect them from damage,
injury or loss; and shall erect and maintain all necessary
safeguards for such safety and protection.
c) The CONTRACTOR shall notify owners of adjacent property and
of underground facilities and utility owners when prosecution
of the Work may affect them, and shall cooperate with them in
the protection, removal, relocation and replacement of their
property. All damage, injury or loss to any property,
directly or indirectly, in whole or in part, by CONTRACTOR,
any subcontractor, supplier or any other person or
organization directly or indirectly employed by any of them
to perform or furnish any of the Work or anyone for whose
acts any of them may be liable, shall be remedied by
CONTRACTOR (except damage or loss attributable to the acts or
omissions of OWNER or anyone employed by OWNER whose acts may
be liable, and not attributable, directly or indirectly, in
whole or in part, to the fault or negligence of CONTRACTOR) .
3.08 EMERGENCIES
In emergencies affecting the safety or protection of persons or
the Work or property at the site or adjacent thereto, CONTRACTOR,
without special instruction or authorization from OWNER, is obli-
gated to act to prevent threatened damage, injury or loss. CON-
TRACTOR shall give OWNER prompt written notice if CONTRACTOR
believes that any significant changes in the Work or variations
from the Contract Documents have been caused thereby.
3.09 TERM OF CONTRACT
This CONTRACT shall be for a twelve (12) month period beginning
on June 1, 2003 and terminating on May 31, 2004. The CONTRACT
term shall be renewable in accordance with Article 3.10.
'3. 10 RENEWAL
The OWNER shall have the option to renew this agreement after the
first year, and each succeeding year, for three (3) additional
one year periods. The contract amount agreed to herein might be
adjusted annually in accordance with the percentage change in the
Consumer Price Index for all urban consumers (CPI-U) for the most
recent 12 months available.
3.11 CANCELLATION
a) The County may cancel this contract for cause with seven (7)
days notice to the Contractor.
b) Either of the parties hereto may cancel this agreement with-
out cause by giving the other party sixty (60) days written
notice of its intention to do so.
3.12 INSURANCE
Prior to execution of this agreement, the Contractor shall
furnish the Owner Certificates of Insurance indicating the
mlnlmum coverage limitations as indicated by an 'Xu on the
attached forms identified as INSCKLST, as further detailed on
forms WCl, GLl, and VLl, each attached hereto and incorporated as
part of this contract document and/or bidding documents.
3.13 FUNDING AVAILABILITY
Notwithstanding anything contained elsewhere in this contract, if
funds for Facilities Maintenance Detention Facilities Contractual
Services are partially reduced or cannot be obtained or cannot be
continued at a level sufficient to allow for the purchase of the
services/goods specified herein, this agreement may then be
terminated immediately at the option of the OWNER by written
notice of termination delivered in person or by mail to the
CONTRACTOR. The OWNER shall not be obligated to pay for any
services provided or any equipment purchased by the CONTRACTOR
after the CONTRACTOR has received written notice of termination.
3.14 PROFESSIONAL RESPONSIBILITY
The CONTRACTOR warrants that it is authorized by law to engage in
the performance of the activities encompassed by the project
herein described. The Contractor shall at all times exercise
independent, professional jUdgment and shall assume professional
responsibility for the services to be provided. Continued fund-
ing by the OWNER is contingent upon retention of appropriate
local, state, and/or federal certification and/or licensure of
CONTRACTOR.
3. 15 NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in
wri ting and hand delivered or mailed, postage prepaid, to the
other party by certified mail, returned receipt requested, to the
following:
FOR OWNER:
FOR CONTRACTOR:
Monroe County Public Works
Correction Facilities
5501 College Road
Key West, Florida 33040
Attn: Director, Middle Keys
Siemens Building Technologies, Inc.
10111 Business Drive
Miramar, FL 33025
Operations
3.16 PAYMENT
a) The OWNER shall pay to the CONTRACTOR for the performance of
said services on a per quarterly, in arrears basis on or
before the 1st day of the following month in each three (3)
month periods. The CONTRACTOR shall invoice the OWNER
quarterly for the maintenance and testing performed under the
Contract Documents contained herein. The Contract amount
shall be as stated by the CONTRACTORS proposal as follows:
Monroe County Detention Center - $52,764 per year
Sheriff's Administration Building - $15,348 per year
Courthouse Annex - $ 4,788 per year
Juvenile Justice Center - $23,028 per year
b) The Owner shall compensate the Contractor for additional
services performed under Article 2.13 of this agreement, as
follows:
1) The actual cost of parts and materials purchased from
the manufacturer plus 30%. Manufacturer's Invoice must
accompany all requests for payment for any part which
exceeds $100.00, and may be requested at the discretion
of the Owner for any part, regardless of the cost.
2) The cost of labor and equipment used by the Contractor
to compensate the Contractor for additional
performed under Article 2.13 of the
specifications. The labor and equipment costs
calculated using the unit prices set forth
Contractor's bid as follows:
services
contract
will be
in the
a) Labor - normal working hours of 8:00 a.m. to 5:00
p.m., Monday through Friday, excluding hOlidays _
$80.00 per hour.
b) Labor overtime rate, other than the normal
working hours, including weekends and holidays _
$120.00 per hour.
3. 17 CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. Any ambiguity or uncertainty in the Specifications shall
be interpreted and construed by the Owner, and his
decision shall be final and binding upon all parties.
B. The passing, approval, and/or acceptance of any part of
the work or material by the Owner shall not operate as a
waiver by the Owner of strict compliance with the terms
of this Contract, and Specifications covering said work;
and the Owner may require the Contractor and/or his
surety to repair, replace, restore, and/or make to
comply strictly and in all things with the Contract and
Specifications any and all of said work and/or materials
which wi thin a period of one year from the after the
date of the passing, approval, and/or acceptance of any
such work or material, are found to be defective or to
fail in any way to comply with this Contract or with the
Specifications. This provision shall not apply to
materials or equipment normally expected to deteriorate
or wear out and become subj ect to normal repair and
replacement before their condition is discovered.
Failure on the part of the Contractor and/or his Surety,
immediately after Notice to either, to repair or replace
any such defective materials and workmanship shall
entitle the Owner, if it sees fit, to replace or repair
the same and recover the reasonable cost of such
replacement and/or repair from the Contractor and/or his
surety, who shall in any event be jointly and severally
liable to the Owner for all damage, loss, and expense
caused to the Owner by reason of the Contractor's breach
of the Contract and/or his failure to comply strictly
and in all things with this Contract and with the
Specifications.
3.18 HOLD HARMLESS
The Contractor shall defend,
Monroe County Board of County
TCS.
indemnify, and hold harmless the
Commissioners as indicated on form
3.19 GOVERNING LAWS
This Agreement is governed by the laws of the State of Florida.
Venue for any litigation arising under this Agreement must be in
Monroe County, Florida.
3.20 CONTINGENCY STATEMENT
Monroe County's performance and obligation to pay under this
contract is contingent upon an annual appropriation by the Monroe
County Board of County Commissioners.
In witness whereof, the parties hereto have
ment the day and year first above written,
f?1f}~~:':~f;, .... ..,
/.r.K~te~S='D1\NNY L. KOLHAGE, Clerk
~."".'-'/. (:.-. ~'l r\. 21" .. '..
ri.~:" "'rl~" .c1' p - f>~
~rj,,7$j ~. .. ... :
~~ OA.
executed this agree-
COUNTY OF MONROE, STATE OF
FLORIDA
By,{)Ja ?n ~
Mayor/Chairman
Attest:
Siemens Buiding Technologies, Inc.
WITNESS
By f;J~ 13. ~
Contractor Rep.
5l'l.~IJS: UiS<rH<<" yvtptJ.#l}~
b'- 3~' ;}.:>~"3
WITNESS
Corporate seal if corporation:
<- t...,)
0 \..:.;;) ""TJ
r:J .~::~
~~ ~~? ~~i ''''''':> r-
'- I"Tl
rf1~~ , ~:~ 0
,
(""). f'-J -"
r.)c.: .J:"" 0
(~,: =-. -,- ::::;
- - -.... .' .
:::i' c..) .!:loo ~
. C"") r- -- ,,"J'
~=-i== - r'J
.....,. >. <.J l"J
r- c } Ci
:> [q
~" :::0
r'-..., 0