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Item C29 C29 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5 Michelle Lincoln,District 2 James K.Scholl,District 3 m' David Rice,District 4 Board of County Commissioners Meeting September 20, 2023 Agenda Item Number: C29 2023-1465 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Willie DeSantis N/A AGENDA ITEM WORDING: Approval of a Third Amendment to Agreement with Siemens Industry, Inc., as a Sole Source provider for testing, certification, and maintenance of Fire Alarm, Smoke Control, and Building Automation Systems on Monroe County facilities adjusting the contract amount by a 5.5% increase effective on October 1, 2023. Funding is Ad Valorem. ITEM BACKGROUND: Siemens Industry, Inc. (Siemens), as a sole source provider, provides for the testing, certification, and maintenance of the fire alarm system, building automation system, and smoke control system of the Corrections' facilities and other County owned buildings under a contract which was approved by the Board on April 20, 2022. Siemens provides its services on the new Desigo systems which were installed under a May 2020 Siemens' Agreement. The new Sole Source Agreement has an initial term of three (3)years with three (3) optional one-year renewals. The initial term commenced retroactive to October 1, 2021, and terminates on September 30, 2024, unless the renewal options are exercised. The contract amount for the first year for the testing, certification, and maintenance services was $239,000.00, plus repairs. The Agreement provides for an annual price adjustment which shall be the annual CPI-U of the previous year as of December 31 or a 5.5% increase, whichever is lower. The CPI- U on December 31, 2021, was 7%. On October 19, 2022, the BOCC approved a First Amendment for an increase of five and five tenths percent (5.5%), which is less than the aforementioned CPI-U of 7%. The contract amount for the second year was $252,145.00, plus repairs, with this price increase to be retroactive to October 1, 2022. On March 22, 2023, the BOCC approved a Second Amendment with Siemens to update certain Federal provisions to allow additional necessary upgrades on certain equipment at Jackson Square and Key West Library utilizing American Rescue Plan Act Funding (ARPA) for these upgrades. This Third Amendment is requesting approval of an increase of five and five-tenths percent (5.5%), which is less than the CPI-U of 6.5% on December 31, 2022. The contract amount for the third year for 1462 the testing, certification, and maintenance services shall be $266,012.98, plus repairs, with this price increase to commence on October 1, 2023. Staff seeks approval of the Third Amendment as noted herein. PREVIOUS RELEVANT BOCC ACTION: March 22, 2023 BOCC approved a Second Amendment, to perform under its current contract to provide Control Upgrades on certain equipment at Jackson Square and Key West Library and to update contract provisions to comply with Federal, State or County contract provisions as well as the ARPA Funding Agreement. American Rescue Plan Act Funding (ARPA) will be utilized for these upgrades. October 19, 2022 BOCC approved a First Amendment to Agreement for an increase of five and five-tenths percent (5.5%), which is less than the aforementioned CPI-U of 7%. The contract amount for the second year for the testing, certification, and maintenance services shall be $252,145.00, plus repairs, with this price increase retroactive to October 1, 2022. 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 219 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 approvaed 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 contract. May 209 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: Third Amendment to Agreement with Siemens Industry, Inc. to increase the contract amount by 5.5%. STAFF RECOMMENDATION: Approval DOCUMENTATION: 09-20-2023-Siemens Third Amendment to Agreement-Final legal sta ped.pdf 2nd Amendment 03_22_2023-Siemens-Exec.pdf 1st Amendment 10_19_2022-Siemens-Exec.pdf 04_20_2022 Agreement-Siemens-Exec.pdf Letter of Intent MC Siemens_ 10-15-21_Executed.pdf COI-expires 2023-Siemens-Exec.pdf FINANCIAL IMPACT: 1463 Effective Date: 10/01/2023 Expiration Date: 9/30/2024 (end of initial three-year term, unless options to renew are exercised) Total Dollar Value of Contract: $757,157.98 for the first 3 years, plus *Repairs/Addl. Services (The total value of the contract will increase if any of the three (3) one-year renewal options are exercised.) Total Cost to County: $757,157.98 for the first 3 years plus *Repairs/Addl. Services Current Year Portion: $266,012.98 plus *Repairs/Addl. Services Budgeted: Yes Source of Funds: 20501 and 20505 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 (COI attached) Additional Details: Siemens is designated as a Sole Source provider. The initial term is for three (3)years,with an additional three one-year renewal options. There is an annual price adjustment of either the CPI-U as of December 31St or 5.5%,whichever is lower. *Repairs/Additional Services per contract year shall not exceed $145,000.00 per year, unless other emergency work is approved, in addition to any CPI-U increases. 1464 THIRD AMENDMENT TO SOLE SOURCE AGREEMENT WITH SIEMENS INDUSTRY, INC. FOR TESTING, CERTIFICATION, AND MAINTENANCE OF ENVIRONMENTAL BUILDING MANAGEMENT SYSTEMS MONROE COUNTY, FLORIDA This Third Amendment to Sole Source Agreement is made and entered into this 20th day of September, 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 "SIEMENS")) a Delaware corporation, authorized to do business in the State of Florida as a Foreign-for-Profit Corporation, whose principal address is 100 Technology Drive, Alpharetta., Georgia 30005, and whose mailing address for the purposes of this Agreement is 3021 N. Commerce Parkway, Miramar, Florida 33025, and whose mailing address for payment is 1000 Deerfield Parkway, Buffalo Grove, Illinois 60089-4513, (with each being a "PARTY" and collectively referred to as the "PARTIES"). WHEREAS, the Board of County Commissioners ("BOCC") approved on May 20, 2020, the replacement of the existing, no longer supported Environmental Building Management Systems (EBMS) with a Desigo Enterprise BMS for the amount of $237,583.06 allowing the County to monitor additional sites remotely and locally in a unified system; and WHEREAS,the BOCC approved on March 17,2021,a request for a waiver of the Monroe County Purchasing Policy provisions to designate Siemens Industry,Inc. as a Sole Source Provider so that the expiring Contract with Siemens Industry, Inc. could be negotiated and renewed as a sole source contract; and WHEREAS, on April 21, 2021, the BOCC approved a month-to-month renewal agreement with Siemens Industry, Inc. pending negotiations to take place with Siemens until a satisfactory Sole Source Agreement was achieved and then for it to be placed on an agenda for approval by the BOCC; and WHEREAS, on April 20, 2022, the BOCC approved a negotiated Agreement with Siemens Industry, Inc. as a Sole Source provider for testing, certification, and maintenance of Fire Alarm, Smoke Control, and Environmental Building Management Systems on Monroe County facilities ("Original Agreement"); and WHEREAS, on October 19, 2022, the BOCC approved a First Amendment to amend the Original Agreement to increase payment amounts by five and five tenths percent(5.5%) retroactive to October 1, 2022, pursuant to the terms of the Original Agreement and to update the Federal Required Contract Provisions; and 1 Siemens Third Amendment Agreement—Effective October 1,2023 1465 WHEREAS,on March 22,2023,the BOCC approved a Second Amendment to Agreement to update certain Federal provisions in order to allow additional necessary upgrades by Siemens to current equipment with funding from American Rescue Plan Act("ARPA") funds; and WHEREAS,Paragraph 10. G. of the Original Agreement provides that commencing after one (1) full year from the effective date of October 1, 2021, and annually thereafter, the contract amount shall be adjusted in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index for all Urban Consumers (CPI-U) for all items and services for all U.S. Cities, not seasonally adjusted, as reported by the U.S. Bureau of Labor Statistics at December 31" of the previous year using the most recently published indicator, or adjusted by an increase of five and five tenths percent(5.5%), whichever is less; and WHEREAS, the CPI- U as of December 31" of 2022 was six and five tenths percent (6.5%). Therefore, pursuant to Paragraph 10. G. of the Original Agreement, the contract amount shall be increased by five and five tenths percent(5.5%), which is less than the CPI-U of six and five tenths percent(6.5%) as of December 31, 2022; and WHEREAS, this Third Amendment is to amend the Original Agreement, as amended, to increase payment amounts by five and five tenths percent(5.5%), effective as of October 1, 2022, pursuant to the terms of the Original Agreement; and WHEREAS, the parties find that it would be mutually beneficial to amend its Original Agreement, as amended, and enter into this Third Amendment to Agreement; NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. In accordance with Paragraph 10. G. of the Original Agreement,the Contract amount shall be increased by five and five tenths percent(5.5%),which is less than the CPI-U of six and five tenths percent(6.5%) as of December 31, 2022. 2. The Contract amounts for Maintenance and Testing Services, excluding Additional Services,based on the five and five tenths percent(5.5%) CPI-U increase, in Paragraph 10. E. of the Original Agreement, shall be increased with an effective date of October 1, 2023, in the total annual amount of Two Hundred Sixty-six Thousand, Twelve and 98/100 ($266,012.98) Dollars, and amended for each location as follows: Monroe County Detention Center $98,424.80 per year Plantation Key Detention Center and Courthouse $ 7,980.39 per year Sheriff's Administration Building $ 21,281.04 per year Monroe County Juvenile Justice Building $ 37,241.82 per year Monroe County Government Center(Marathon) $ 18,620.91 per year 2 Siemens Third Amendment Agreement—Effective October 1,2023 1466 Medical Examiner's Office $ 7,980.39 per year Gato Building $ 7,980.39 per year Harvey Government Center $ 7,980.39 per year Murray Nelson Government Center $ 7,980.39 per year Jackson Square Key West Courthouse Annex $ 18,620.91 per year Jefferson B. Browne Building $ 7,980.39 per year Historic Courthouse $ 7,980.39 per year Lester Building $ 7,980.39 per year Freeman Justice Center $ 7,980.39 per year TOTAL $266,012.99 Annual 3. Except as set forth in Paragraphs 1 through 2 of this Third Amendment to Sole Source Agreement, in all other respects, the terms and conditions set forth in the Original Agreement, as amended, remain in full force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] 3 Siemens Third Amendment Agreement—Effective October 1,2023 1467 IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have set their hands and seals the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor Date: Witnesses for CONTRACTOR: CONTRACTOR: SIEMENS INDUSTRY, INC. By: Signature of person authorized to Signature legally bind Corporation Date: Date Print Name Print Name and Title Signature Date Print Name MONROE COUNTY ATTORNIEV'S OFFICE � ED,A,S'TO AsStsT 1T c uNVTy ATTORNEY DATE: 8/30/2023 4 Siemens Third Amendment Agreement—Effective October 1,2023 1468 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: March 29, 2023 TO: William DeSantis, Director Facilities Maintenance Chrissy Collins Executive Administrator Alice Steryou Contract Monitor FROM: Liz Yongue, Deputy Clerk SUBJECT: March 22, 2023 BOCC Meeting The following item has been executed and added to the record: T5 2nd Amendment to Agreement with Siemens Industry, Inc., a sole source provider, to add or update certain Federal provisions. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 1469 SECOND AMENDMENT TO SOLE SOURCE AGREEMENT WITH SIEMENS INDUSTRY, INC. FOR TESTING, CERTIFICATION, AND MAINTENANCE OF ENVIRONMENTAL BUILDING MANAGEMENT SYSTEMS MONROE COUNTY, FLORIDA This Second Amendment to Sole Source Agreement is made and entered into this 22nd day of March, 2023, by and through MONROE COUNTY, FLORIDA ("COUNTY" or "OWNER")a political subdivision of the State of Florida,whose address is 1100 Simonton Street, Key West, Florida 33040, and SIEMENS INDUSTRY, INC. ("CONTRACTOR" or "SIEMENS")) a Delaware corporation, authorized to do business in the State of Florida as a Foreign-for-Profit Corporation, whose principal address is 100 Technology Drive, Alpharetta, Georgia 30005, and whose mailing address for the purposes of this Agreement is 3021 N. Commerce Parkway, Miramar, Florida 33025, and whose mailing address for payment is 1000 Deerfield Parkway, Buffalo Grove, Illinois 60089-4513, (with each being a "PARTY" and collectively referred to as the"PARTIES"). WHEREAS,the Board of County Commissioners (`BOCC")approved on May 20,2020, the replacement of the existing, no longer supported Environmental Building Management Systems (EBMS) with a Desigo Enterprise BMS for the amount of $237,583.06 allowing the County to monitor additional sites remotely and locally in a unified system; and WHEREAS,the BOCC approved on March 17,2021,a request for a waiver of the Monroe County Purchasing Policy provisions to designate Siemens Industry,Inc.as a Sole Source Provider so that the expiring Contract with Siemens Industry, Inc. could be negotiated and renewed as a sole source contract; and WHEREAS, on April 21, 2021, the BOCC approved a month-to-month renewal agreement with Siemens Industry, Inc. pending negotiations to take place with Siemens until a satisfactory Sole Source Agreement was achieved and then for it to be placed on an agenda for approval by the BOCC; and WHEREAS, on April 20, 2022, the BOCC approved a negotiated Agreement with Siemens Industry,Inc. as a Sole Source provider for testing, certification, and maintenance of Fire Alarm, Smoke Control, and Environmental Building Management Systems on Monroe County facilities ("Original Agreement"); and WHEREAS, on October 19, 2022, the BOCC approved a First Amendment to amend the Original Agreement to increase payment amounts by five and five tenths percent (5.5%) retroactive to October 1, 2022,pursuant to the terms of the Original Agreement and to update the Federal Required Contract Provisions; and 1 Siemens Second Amendment Agreement 1470 WHEREAS, this Second Amendment is to amend the Original Agreement to update the Federal Required Contract Provisions; and WHEREAS, the parties find that it would be mutually beneficial to amend its Original Agreement and enter into this Second Amendment to Agreement; NOW,THEREFORE,IN CONSIDERATION of the mutual promises and covenants set forth below,the Original Agreement is hereby amended to include the following: 1. The first paragraph of Paragraph 12, MAINTENANCE OF RECORDS, as set forth in the Original Agreement is hereby amended to delete the first paragraph and replace it in its entirety with the following paragraph: 12. MAINTENANCE OF RECORDS Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained as applicable for 1) a period of five (5) years after all funds have been expended or returned to the Department of the Treasury,whichever is later; or 2) a period of seven(7)years from the termination of this Agreement or five (5)years from the submission of the final expenditure report as per 2 CFR§200.33,if applicable,whichever is greater.Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7) years following the termination of this Agreement. If an auditor employed by the County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03,Florida Statutes, running from the date the monies were paid by the Owner. Further,the Contractor is subject to the following: 1) The Contractor shall maintain records and financial documents sufficient to evidence compliance with Section 602(c), Treasury's regulations implementing that section, and guidance issued by the Department of the Treasury regarding the foregoing. 2) The Department of the Treasury Office of Inspector General and the Government Accountability Office,or their authorized representatives,shall have the right of access to records (electronic and otherwise) of the Contractor in order to conduct audits or other investigations. 2 Siemens Second Amendment Agreement 1471 All other subsequent paragraphs, after this initial first paragraph, currently contained within Paragraph 12 of the Original Agreement remain the same. 2. Paragraph 15, HOLD HARMLESS, INDEMNIFICATION, DEFENSE, AND INSURANCE, of the Original Agreement shall be amended to include the following paragraphs as the third and fourth paragraphs within Paragraph 15: FDEM Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Agency,the State of Florida,Department of Emergency Management,and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (County)Agency's sovereign immunity. United States Department of the Treasury Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the United States Department of the Treasury and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the sovereign immunity of the United States or the County. 3. Paragraph 18,NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY, of the Original Agreement is hereby amended to add the following as the last paragraph of Paragraph 18 as follows: Title VI of the Civil Rights Act of 1964. The Contractor and any subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d ct seq.), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and 3 Siemens Second Amendment Agreement 1472 made a part of this contract (or agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. 4. Paragraph 54.9, Domestic Preference for Procurements as set forth in 2 C.F.R. §200.322, of the Original Agreement is hereby amended to delete the current Paragraph 54.9, as set forth in the Original Agreement, and replace it in its entirety with the following paragraph_ 54.9 Domestic Preference for Procurements as set forth in 2 C.F.R. §200.322. The COUNTY and CONTRACTOR should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products"means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer- based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 5. The Original Agreement is hereby amended to add the following as Paragraph 59,and shall read as follows: 59. The Contractor shall be bound by the terms and conditions of the applicable Federally-Funded Coronavirus State & Local Fiscal Recovery Fund Financial Assistance Agreement between the County and the United States Department of Treasury (hereinafter "ARPA Funding Agreement") attached hereto and made a part of the Original Agreement, as amended, as EXHIBIT "E". 6. The Original Agreement, as amended, is hereby amended further to add the following Paragraph 60,Additional Federal and/or Department of the Treasury Requirements, as applicable, as related to the ARPA Funding Agreement, and shall read as follows: 60. Additional Federal, and/or Department of the Treasury Requirements (as applicable): 4 Siemens Second Amendment Agreement 1473 The Contractor and its sub-contractors must follow the provisions set forth herein, as applicable, including but not limited to: 60.1 Conflicts of Interest. The Contractor understands and agrees it must maintain a conflict-of-interest interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict-of-interest policy is applicable to each activity funded under this award as set forth in Attachment A. The Contractor and subcontractors must disclose in writing to Treasury or the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112. 60.2 Remedial Actions.In the event of the Contractor's noncompliance with section 602 of the Act, other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 602(c)of the Act regarding the use of funds,previous payments shall be subject to recoupment as provided in section 602(e) of the Act and any additional payments may be subject to withholding as provided in sections 602(b)(6)(A)(10(III) of the Act, as applicable. 60.3 Compliance with Federal Law, Regulations and Executive Orders. This is an acknowledgment that Department of the Treasury financial assistance may be used to fund all or a portion of the contract. The Contractor agrees to comply with the requirements of section 602 of the Act, regulations adopted by Treasury pursuant to section 602(f) of the Act, and guidance issued by Treasury regarding the foregoing. The Contractor also agrees to comply with all other applicable federal statutes, regulations,and executive orders,and the Contractor shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. Federal regulations applicable to this Department of Treasury award include,without limitation, the following: i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this award an subject to such exceptions as may be otherwise provided by Treasury. Subpart F—Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management(SAM), 2 C.F.R. Part 25,pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. 5 Siemens Second Amendment Agreement 1474 iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170,1 pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 10 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension(Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B)that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. V. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. vi. Governmentwide Requirements for Drug-Free Workplace 31 C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. ix. Generally applicable federal environmental laws and regulations. 60.4 Hatch Act. The Contractor agrees to comply, as applicable, with requirements of the Hatch Act(5 U.S.C. §§ 1501-1508 and 7324-7328),which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. 60.5 False Statements. The Contractor understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties,debarment from participating in federal awards or contracts, and/or any other remedy. 60.6 Publications. Any publications produced with funds from the federal award as set forth in Attachment A must display the following language: "This project [is being] [was] supported, in whole or in part, by federal award number [enter-project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury." 60.7 Debts Owed the Federal Government. a. Any funds paid to the Contractor(1) in excess of the amount to which Contractor is finally determined to be authorized to retain under the terms of this award as set forth in Attachment A; (2)that are determined by the Treasury Office of Inspector General to have been misused; or(3)that are determined by Treasury to be subject to a repayment obligation pursuant to Sections 602(e) and 603(b)(2)(D) of the Act 6 Siemens Second Amendment Agreement 1475 and have not been repaid by Contractor shall constitute a debt to the federal government. b. Any debts determined to be owed the federal government must be paid promptly by Contractor. A debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for payment, unless other satisfactory arrangements have been made or if the Contractor knowingly or improperly retains funds that are a debt as defined in Paragraph 14(a) of the federal award as set forth in Attachment A. Treasury will take any actions available to it to collect such a debt. 60.8 Disclaimer. a. The United States expressly disclaims any and all responsibility or liability to the Contractor or third persons for the actions of Contractor or third persons resulting in death,bodily injury,property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of services funded under the federal award as set forth in Attachment A or any other losses resulting in any way from the performance of services pursuant to any contract, or subcontract under this award. b. The acceptance of these funds provided by the federal award as set forth in Attachment A by the Contractor does not in any way establish an agency relationship between the United States and the Contractor. 60.9 Protections for Whistleblowers. a. In accordance with 41 U.S.C. § 4712, the Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; 7 Siemens Second Amendment Agreement 1476 iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; or vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. c. The Contractor shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. 60.10 Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), The Contractor should adopt and enforce on-the-job seat belt policies and programs for its employees when operating company-owned, rented, or personally owned vehicles and encourage its subcontractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned,rented, or personally owned vehicles. 60.11 Reducing Text Messaging While Driving_Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), the Contractor should encourage its employees, subrecipients, and subcontractors to adopt and enforce policies that ban text messaging while driving, and the Contractor should establish workplace safety policies to decrease accidents caused by distracted drivers. 7. Except as set forth in Paragraphs 1 through 6 of this Second Amendment to Agreement, in all other respects, the terms and conditions of the Original Agreement, dated April 20, 2022, as amended, not inconsistent herewith, shall remain in full force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] 8 Siemens Second Amendment Agreement 1477 IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have set their hands and seals the day and year first above written. ,✓```- =��13 BOARD OF C UNTY COMMISSIONERS tEek _IN MADOK, CLERK OF MONR OUNTY, ORI A ,.r. By: As D uty Clerl Mayor Date: 3�2Z 2 C, 3 Witnesses for CONTRACTOR: CONTRACTOR: SIEMENS INDUSTRY, INC. Digitally signed by Sum merlin Jr Howard Russel Digitally signed by Russel Summerlln Jr DN:serme=111Numb,,Z001,1XDZ Deborah ,J •givenNaHoward,—Summedin Jr, DN:cn=Russel Deborah,o= Howdrd "_Siemens,cn=Summerlin Jr Howard Deborah Slemens,email=debbie.ussel@ By Date.m2aovooe aa-oa'oo' siemens.urom Date:2023.03,20 11:19:12-04'00' Signature of person authorized to Signature legally bind Corporation Date: H.Joe Summerlin Debbie Russel Branch General Manager Branch FBA Manager Date Print Name Print Name and Title - Quiceno Bryam e A A ;ri SiOWH023 Bryam Quiceno � ~- m r Sales Manager �.. X. _n Date Print Name -n .: a n MONROE COUNTY ATTORNEY'S OFFICE VED�STO ORM PATRiCIA EABLES ASSISTAN7�04 !V2P MRNEY ( DATE: 33 //LU 33 iM Siemens Second Amendment Agreement 1478 EXHIBIT "E" CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FINANCIAL ASSISTANCE AGREEMENT io Siemens Second Amendment Agreement 1479 OVI B Approved No, 150 5-0'271 E,,,pirafion Datc, 11,30,2021 t S, I RFAS(M) CORONA'v IRL'S si,,.vrr. AND H)CA1,FISC'Al,RFC(JVFRY FL'\DS Recipient nawne and adthvss: DL.NS Nurnbx,r 073876757 Monroe Countv Board of Conunissioners Taxpaver Identification Nun)ber:S90000749 1100 sirliontol i Street, Roorn 2-213 Assisuancc Listing Nurnberand Title:21,027 Key West,Florida 33040 Sections 6021b,)and 003(h)ofthe,Social Security Act(the Act)as added by section 9901 ofilie -Niiicrican Rescue Plan Act,Flub.1, No, 117-2(-March 11.2!02 1)authorizes the DepaArneat offlic Treasury(Treaqirv)to juake f%iyincifts,to cerfairl recipients from the L'oronavinis Stale Fiscal Recovers Fun(I and the Coronavints Local Fiscal Recovm�Ford Recipients hereby agrees,as a condition to FUCiVill.O Stich payment From Treasury,agnees to the terms attached hereto Rixipienc I1pl,11,swgned by In,1,,n Tina Boan Date:2022,08,02 0911:02 -04'00' Authoyived Repi esentative Signature(abine) Authorized Representativc Maine: Tina 13MITI Authorized Representative'Title: Senior Director Budget&Finance Date Si6uicd. L S. Departo-lott(.4'the 1 reasury Authorize(] RQPrescrWifivc Signalorc(above) Authorized Repiosenuifive Nantie: Jacob Leittenkift Authorized Representative'title: Chief Recovery Officer,Office of Recovery Pro-rands Date Nla,, 14,2,02 1 T1,,',PEMVORK TMDUCTtON NrOTICE The vill beLlWd 1'03 the( S UkA CI t H1 I eHt to IM I)COSS I equests fol m I pj cl t,'11 IC Csti III ared bul du n assoc wed��itJ I I I III,ool kxt I ol I of ir,ro-ration i&'I5 rninwes dvr Comtrlems.aomernilrtLt the',ICC;LWOC Oft]"I'S t"Urden e tinmte wd±Aigge.MhVAS forred using this,bwden should be direoted 20220DONOTt,4ndthe fowl looma,.Jdless "'m ageucy Inav not Cone.11 to or Tw�wxw,alld 2 JXIs0 I IS M'I MCILL11 Ed to t Ospond to,a Ooliection or i Ifornint 1011 thl'i less it ffispkw,�,a vslier conuol nunibei assiggincd by ONIH, 11 Siemens Second Amendment Agreement 1480 U.S.DEPARTMENT OF THE TREASURY CORONAVIRUS STATE FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS 1.Use of Funds. a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with sections 602(c)and 603(c)of the Social Security Act(the Act)and Treasury's regulations implementing that section and guidance. b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional,managerial,and financial capability to ensure proper planning,management,and completion of such project. 2.Period of Performance.The period of performance for this award begins on the date hereof and ends on December 31,2026.As set forth in Treasury's implementing regulations,Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3,2021 and ends on December 31,2024. 3.Reporting_Recipient agrees to comply with any reporting obligations established by Treasury,as it relates to this award. 4_Maintenance of and Access to Records a. Recipient shall maintain records and financial documents sufficient to evidence compliance with sections 602(c)and 603(c),Treasury's regulations implementing those sections,and guidance regarding the eligible uses of funds. b. The Treasury Office of Inspector General and the Government Accountability Office,or their authorized representatives, shall have the right of access to records(electronic and otherwise)of Recipient in order to conduct audits or other investigations. c. Records shall be maintained by Recipient for a period of five(5)years after all funds have been expended or returned to Treasury,whichever is later. 5.Pre-award Costs.Pre-award costs,as defined in 2 C.F.R. §200.458,may not be paid with funding from this award. 6.Administrative Costs.Recipient may use funds provided under this award to cover both direct and indirect costs. 7.Cost Sharing.Cost sharing or matching funds are not required to be provided by Recipient. 8_Conflicts of Interest_Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c)and that such conflict of interest policy is applicable to each activity funded under this award.Recipient and subrecipients must disclose in writing to Treasury or the pass-through entity,as appropriate,any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. §200.112. 9.Compliance with Applicable Law and Regulations. a. Recipient agrees to comply with the requirements of sections 602 and 603 of the Act,regulations adopted by Treasury pursuant to sections 602(f)and 603(f)of the Act,and guidance issued by Treasury regarding the foregoing.Recipient also agrees to comply with all other applicable federal statutes,regulations,and executive orders,and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. b. Federal regulations applicable to this award include,without limitation,the following: i. Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards,2 C.F.R.Part 200,other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury.Subpart F—Audit Requirements of the Uniform Guidance, implementing the Single Audit Act,shall apply to this award ii. Universal Identifier and System for Award Management(SAM),2 C.F.R.Part 25,pursuant to which the award term set forth in Appendix A to 2 C.F.R.Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information,2 C.F.R.Part 170,pursuant to which the award term set forth in Appendix A to 2 C.F.R.Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Govermnentwide Debarment and Suspension(Nonprocurement),2 C.F.R.Part 180,including the requirement to include a term or condition in all lower tier covered transactions(contracts and subcontracts described in 2 C.F.R.Part 180,subpart B)that the award is subject to 2 C.F.R.Part 180 and Treasury's implementing regulation at 31 C.F.R.Part 19. 12 Siemens Second Amendment Agreement 1481 v. Recipient Integrity and Performance Matters,pursuant to which the award term set forth in 2 C.F.R.Part 200, Appendix XII to Part 200 is hereby incorporated by reference. vi. Governmentwide Requirements for Drug-Free Workplace,31 C.F.R.Part 20. vii. New Restrictions on Lobbying,31 C.F.R.Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(42 U.S.C.§§4601-4655)and implementing regulations. ix. Generally applicable federal environmental laws and regulations. c. Statutes and regulations prohibiting discrimination applicable to this award,include,without limitation,the following: i. Title VI of the Civil Rights Act of 1964(42 U.S.C. §§2000d et seq.)and Treasury's implementing regulations at 31 C.F.R.Part 22,which prohibit discrimination on the basis of race,color,or national origin under programs or activities receiving federal financial assistance; ii. The Fair Housing Act,Title VIII of the Civil Rights Act of 1968(42 U.S.C.§§3601 et seq.),which prohibits discrimination in housing on the basis of race,color,religion,national origin,sex,familial status,or disability, iii. Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C. §794),which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance, iv. The Age Discrimination Act of 1975,as amended(42 U.S.C. §§6101 et seq.),and Treasury's implementing regulations at 31 C.F.R.Part 23,which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance,and v. Title II of the Americans with Disabilities Act of 1990,as amended(42 U.S.C.§§12101 et seq.),which prohibits discrimination on the basis of disability under programs,activities,and services provided or made available by state and local governments or instrumentalities or agencies thereto. 10.Remedial Actions.In the event of Recipient's noncompliance with sections 602 and 603 of the Act,other applicable laws, Treasury's implementing regulations,guidance,or any reporting or other program requirements,Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds,if any,or take other available remedies as set forth in 2 C.F.R.§200.339.In the case of a violation of sections 602(c)or 603(c)of the Act regarding the use of funds,previous payments shall be subject to recoupment as provided in sections 602(e)and 603(e)of the Act 11.Hatch Act.Recipient agrees to comply,as applicable,with requirements of the Hatch Act(5 U.S.C.§§1501-1508 and 7324-7328),which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. 12.False Statements.Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal,civil,or administrative sanctions,including fines,imprisonment,civil damages and penalties,debarment from participating in federal awards or contracts,and/or any other remedy available by law. 13.Publications.Any publications produced with funds from this award must display the following language:"This project[is being][was]supported,in whole or in part,by federal award number[enter project FAIN]awarded to Monroe County Board of Commissioners by the U.S.Department of the Treasury." 14.Debts Owed the Federal Government. a. Any funds paid to Recipient(1)in excess of the amount to which Recipient is finally determined to be authorized to retain under the terms of this award,(2)that are determined by the Treasury Office of Inspector General to have been misused,or (3)that are determined by Treasury to be subject to a repayment obligation pursuant to sections 602(e)and 603(e)of the Act and have not been repaid by Recipient shall constitute a debt to the federal government b. Any debts determined to be owed the federal government must be paid promptly by Recipient.A debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for payment,unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt. 13 Siemens Second Amendment Agreement 1482 15_Disclaimer_ a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death,bodily injury,property damages,or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award. b. The acceptance of this award by Recipient does not in anyway establish an agency relationship between the United States and Recipient. 16.Protections for Whistleblowers. a. In accordance with 41 U.S.C.§4712,Recipient may not discharge,demote,or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below,information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant,a gross waste of federal funds,an abuse of authority relating to a federal contract or grant,a substantial and specific danger to public health or safety,or a violation of law,rule,or regulation related to a federal contract(including the competition for or negotiation of a contract)or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress, ii. An Inspector General; iii. The Governm ent Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury,or vii. A management official or other employee of Recipient,contractor,or subcontractor who has the responsibility to investigate,discover,or address misconduct. c. Recipient shall inform its employees in writing of the rights and remedies provided under this section,in the predominant native language of the workforce. 17.Increasing Seat Belt Use in the United States.Pursuant to Executive Order 13043,62 FR 19217(Apr. 18,1997),Recipient should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned,rented or personally owned vehicles. 18.Reducing Text Messaging While Driving.Pursuant to Executive Order 13513,74 FR 51225(Oct.6,2009),Recipient should encourage its employees,subrecipients,and contractors to adopt and enforce policies that ban text messaging while driving,and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers. 14 Siemens Second Amendment Agreement 1483 OMB Approved No. 1505-0271 Expiration Date:11/30/2021 ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 As a condition of receipt of federal financial assistance from the Department of the Treasury,the Monroe County Board of Commissioners(hereinafter referred to as"the Recipient")provides the assurances stated herein.The federal financial assistance may include federal grants,loans and contracts to provide assistance to the recipient's beneficiaries,the use or rent of Federal land or property at below market value,Federal training,a loan of Federal personnel,subsidies,and other arrangements with the intention of providing assistance.Federal financial assistance does not encompass contracts of guarantee or insurance,regulated programs,licenses,procurement contracts by the Federal government at market value,or programs that provide direct benefits. This assurance applies to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to all of the recipient's programs, services and activities,so long as any portion of the recipient's program(s)is federally assisted in the manner proscribed above. 1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964,as amended,which prohibits exclusion from participation,denial of the benefits of,or subjection to discrimination under programs and activities receiving federal funds,of any person in the United States on the ground of race,color,or national origin(42 U.S.C.§2000d et seq.),as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166,directives,circulars,policies,memoranda and/or guidance documents. 2. Recipient acknowledges that Executive Order 13166,"Improving Access to Services for Persons with Limited English Proficiency,"seeks to improve access to federally assisted programs and activities for individuals who,because of national origin,have Limited English proficiency(LEP).Recipient understands that denying a person access to its programs„ services,and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations.Accordingly,Recipient shall initiate reasonable steps,or comply with the Department of the Treasury's directives,to ensure that LEP persons have meaningful access to its programs,services,and activities.Recipient understands and agrees that meaningful access may entail providing language assistance services,including oral interpretation and written translation where necessary,to ensure effective communication in the Recipient's programs,services,and activities. 3. Recipient agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs,services and activities.As a resource,the Department of the Treasury has published its LEP guidance at 70 FR 6067.For more information on LEP,please visit http://www.le)Xov. 4. Recipient acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient's successors,transferees and assignees for the period in which such assistance is provided. 5. Recipient acknowledges and agrees that it must require any sub-grantees,contractors,subcontractors,successors, transferees,and assignees to comply with assurances 1-4 above,and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient's sub-grantees, contractors,subcontractors,successors,transferees,and assignees: The sub-grantee,contractor,subcontractor,successor,transferee,and assignee shall comply with Title 67 of the Civil Rights Act of 1964,which prohibits recipients offederal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race,color,or national origin(42 U.S.C.§2000d et seq.),as implemented by the Deparment of the Treasury's Title V1 regulations,31 CFR Part22,which are herein incorporated by reference and made a part of this contract(or agreement). Title V7 also includes protection to persons with "Limited English Proficiency"in any program or activity receivingfederal financial assistance, 42 U.S.C.§2000d et seq.,as implemented by the Department of the Treasury's Title V1 regulations,31 CFR Part 22,and herein incorporatedby reference and made a part of this contract or agreement 6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury,this assurance obligates the Recipient,or in the case of a subsequent transfer,the transferee,for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits.If any 15 Siemens Second Amendment Agreement 1484 personal property is provided,this assurance obligates the Recipient for the period during which it retains ownership or possession of the property, 7. Recipient.shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations.Enforcement may include investigation,arbitration,mediation,litigation,and monitoring of any settlement agreements that may result from these actions.That is,the Recipient shall comply with information requests, on-sits compliance reviews,and reporting requirements. 8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race,color,or national origin,and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide,upon request,a list of all such reviews or proceedings based on the complaint,pending or completed,including outcome.Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VL. 9. Recipient must provide documentation of an administrative agency Is or court Is findings of non-compliance of Title VI and efforts to address the non-compliance,including any voluntary compliance or other agreements between the Recipient and the administrative agency that made the finding.If the Recipient settles a case or matter alleging such discrimination,the Recipient.must provide documentation of the settlement.If Recipient has not been the subject of any court or administrative agency finding of discrimination,please so state. 10. If the Recipient makes sub-awards to other agencies or other entities,the Recipient is responsible for ensuring that sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub-recipients. The United States of America has the right to seekjudicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law. Under penalty of perjury,the undersigned official(s)certifies that he/she has read and understood its obligations as herein described,that any information submitted in conjunction with this assurance document is accurate and complete,and that the Recipient is in compliance with the aforementioned nondiscrimination requirements. Recipient Date r Tina Boa Cilpitally sipnetl by Tiria Boan Tina I I Plata'�f7�7 flsl fly Cla'f1Q'A fl-f74'fln' Signature of Authorized Official: PAPERWORK REDUCTION ACT NOTICE The information collected will be used for the U.S.Government to process requests for support.The estimated burden associated with this collection of information is 15 minutes per response.Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy,Transparency and Records,Department of the Treasury,1500 Pennsylvania Ave.,N.W.,Washington,D.C.20220.DO NOT send the form to this address.An agency may not conduct or sponsor,and a person is not required to respond to,a collection of information unless it displays a valid control number assigned by OMB. 16 Siemens Second Amendment Agreement 1485 ACCOR"® CERTIFICATE OF LIABILITY INSURANCE D04/13/2022DIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH USA,INC. NAME: FAX 445 SOUTH STREET A/CONE No Ext: A/C,No): MORRISTOWN,NJ 07960-6454 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# CN 1 02147003-RAM-CYBER-21/22 4433 MANGI INSURER A:HDI Specialty Insurance Company 41343 INSURED INSURER B SIEMENS INDUSTRY,INC. 1000 DEERFIELD PARKWAY INSURER C BUFFALO GROVE,IL 60089-4513 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: NYC-011305472-03 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR IN SD WVD POLICY NUMBER MM/DD/YYYY MM/DDIYYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR APPROVED BY RISK MANAGEMENT PREMISES Ea occurrence $ ,/�^" c '�' MED EXP(Any one person) $ DATE, 4.L14 M2 PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: WAVER NA—YES— GENERAL AGGREGATE $ POLICY❑ PRO ❑ LOC PRODUCTS-COMP/OP AGG $ JECT OTHER: $ AUTOMOBILE LIABILITY MBINED SINGLE LIMIT EaCO accident $ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident L $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Cyber EOD5551302S 10/01/2022 10/01/2023 PER CLAIM 5,000,000 "Deductible Value:$30,000" AGGREGATE 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:0063V000006YCCGQAA/TESTING,CERTIFICATION,AND MAINTENANCE SERVICES EBMS CERTIFICATE HOLDER CANCELLATION MONROE COUNTY,FLORIDA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 SIMONTON STREET THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN KEY WEST,FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1486 ACCOR"® CERTIFICATE OF LIABILITY INSURANCE D09/27/2022DIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH USA,INC. NAME: PHONE FAX 445 SOUTH STREET A/C No Ext: A/C,No): MORRISTOWN,NJ 07960-6454 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# CN 1 02147003-RAM--22/23 4433 DIEPPA NOC60 INSURER A:HDI Global Insurance Company 41343 INSURED SIEMENS INDUSTRY,INC. INSURER B:Travelers Property Casualty Co.of America 25674 1000 DEERFIELD PARKWAY INSURER C:The Travelers Indemnity Company 25658 BUFFALO GROVE,IL 60089-4513 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: NYC-011231301-07 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR IN SD WVD POLICY NUMBER MM/DD/YYYY MM/DDIYYYY A X COMMERCIAL GENERAL LIABILITY GLD1110114 10/01/2022 10/01/2023 EACH OCCURRENCE $ 1,000,000 DAMAGE TO CLAIMS-MADE 1XI OCCUR PREMISES (a occurrDence $ 1,000,000 MED EXP(Any one person) $ 100,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10,000,000 X POLICY El PRO- ECT ❑ LOC PRODUCTS-COMP/OP AGG $ NCL J OTHER: $ B AUTOMOBILE LIABILITY TC2J-CAP-7440L34A-TIL-22 10/01/2022 10/01/2023 COMBINED SINGLE LIMIT $ 2,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ N/A X OWNED SCHEDULED BODILY INJURY(Per accident) $ N/A AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ N/A AUTOS ONLY AUTOS ONLY Per accident UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION UB-8P83929A-22-51-K(AOS) 10/01/2022 10/01/2023 X PER PER 1,000,000 EMPLOYERS'LIABILITY STATUTE ER C YIN UB-8P79233A-22-51-R(AZ,MA,WI) 10/01/2022 10/01/2023 1,000,000 ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ B OFFICER/MEMBER EXCLUDED? NIA TWXJUB-7440L338-TIL-22(OH) 10/01/2022 10/01/2023 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under """""'$500K LIMIT/$500K SIR"""""' 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:SERVICE PERFORMED BY SII FOR CERTIFICATE HOLDER APPROVED BY RISK MANAGEMENT SEE ATTACHED DATE 1()/4/2()22 WAIVER N/A YES CERTIFICATE HOLDER CANCELLATION MONROE COUNTY FACILITIES MAINTENANCE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CONTRACT MONITOR THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 123 OVERSEAS HIGHWAY-ROCKLAND KEY ACCORDANCE WITH THE POLICY PROVISIONS. KEY WEST,FL 33040 AUTHORIZED REPRESENTATIVE of Marsh USA Inc ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1487 AGENCY CUSTOMER ID: CN102147003 LOC#: Morristown ACCORD ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED MARSH USA,INC. SIEMENS INDUSTRY,INC. 1000 DEERFIELD PARKWAY POLICY NUMBER BUFFALO GROVE,IL 60089-4513 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance RE:SERVICE PERFORMED BYSII FOR CERTIFICATE HOLDER MONROE COUNTY FACILITIES MAINTENANCE IS HEREBY ADDITIONAL INSURED AS OBLIGATED UNDER CONTRACT UNDER THE REFERENCED GENERAL LIABILITY AND AUTOMOBILE LIABILITY INSURANCE POLICIES. SUCH INSURANCE AS IS AFFORDED BY THE ADDITIONAL INSURED ENDORSEMENT SHALL APPLYAS PRIMARY INSURANCE&OTHER INSURANCE MAINTAINED BY THE CERTIFICATE HOLDER SHALL BE EXCESS ONLY&NOT CONTRIBUTING WITH INSURANCE PROVIDED UNDER THIS POLICY. WAIVER OF SUBROGATION IS EFFECTUAL WHERE REQUIRED BY WRITTEN CONTRACT. COMPLETED OPERATIONS COVERAGE IS INCLUDED IN THE GENERAL LIABILITY POLICY. IF THESE POLICIES ARE CANCELLED FOR ANY REASON OTHER THAN NON-PAYMENT OF PREMIUM,THE INSURER WILL DELIVER NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER UP TO 60 DAYS PRIOR TO THE CANCELLATION OR AS REQUIRED BY WRITTEN CONTRACT,WHICHEVER IS LESS. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1488 POLICY NUMBER: TC2J—CAP-74:4OL34A—TIL-22 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROCATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.5., Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us, of the prior to, any "accident" or "loss"', provided that the CONDITIONS Section: "accident" or "loss" arises out of the operations 5. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver ap- ers To Us plies only to the person or organization desig- We waive any right of recovery we may have nated in such contract. against any person or organization to the extent CA T3 40 02 15 02015 The Travelers Indeminity Company.All,rights reserved• Page 1 of 1 includes copyrighted materiall Of IMUrance Services Office, Inc.with its permission. 1489 HDI GLOBAL INSURANCE COMPANY MANUSCRIPT ENDORSEMENT#32 PolicyNumber Namedl Insured GLD1 1101-14 SIEMENS CORPORATION Policy Period., Inception(M-D-Y) Expiration:(M-D-Y) Effective Datean;d Time of Endorsement 10-01-2022 10-01-2,023 10-01-2022 12:01 a.m. Standard) Time at Address of the Insured. This Endorsement Changes The Policy. Please Read It Carefully. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following; Commercial General Liability Coverage Form Who is an insured is amended to include as an additional insured any person whom you are required to add as an additional insured on this policy under a written agreement, but only with respect to liability for"'bodily injury"", "'property damage"' or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf. The insurance coverage provided to such additional insured applies only to the extent required within the written agreement. The insurance coverage provided to the additional insured person shall not provide any broader coverage than you are required to provide to the additional insured person in the written agreementand shall not provide limits of insurance that exceed the lower of the Limits of Insurance provided to you in this policy, or the limits of insurance you are required to provide in the written agreement. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible other insurance,whether primary,excess, contingent,or on any other basis,that is available to the additional insured for a loss we cover under this endorsement. However, if the written agreement specifically requires that this insurance apply on a primary basis, this insurance is primary. If the written agreement specifically requires this insurance apply on a primary and non-contributory basis this insurance is primary to other insurance available to the additional insured and we will not share with thatother insurance. Authorized Representative All terms and conditions of the policy remain unchanged THIS ENDORSEMENT MUST BE ATTACHED TO ACHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. pn,(., I of 1 1490 POLICY NUMBER: GLD1 1101-14 COMMERCIAL GENERAL LIABILITY OG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TiO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRO DUCTSICOM PLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person OrOrganiization:- ANY PERSON OR ORGANIZATION TO THE EXTENT REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section W—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "'your work"' done under a contract with that person or organization and included in the "products- completed operations hazard"'. This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 @ Insurance Services Office, Inc.,2008 Page I of 1 1491 WORKERS COMPENSATION TRAVELERS AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (pp)- POLICY NIIUMBER: UB-8P83929A-22-51-K WAIVER OF OUR IRIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreemenit from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. DATE OF ISSUE: 08-2 9-22 ST ASSIGN: 1492 Kevin Madok, cpA OVA,COURpQ Vll'k~.--.......e ✓ Clerk of the Circuit Court& Comptroller— Monroe County, Florida ROE COJM� DATE: October 2 t, 2022 TO: Alice Steryou Contract Monitor FROM: Pamela G Hanc(�4' SUBJECT: October 19' BOCC Meeting Attached is an electronic copy of each the following items for your handling: C3 I st Amendment to Agreement with Siemens Industry, Inc., as a Sole Source provider for testing, certification, and maintenance of Fire Alarm, Smoke Control, and Building Automation Systems on Monroe County facilities adjusting the contract amount by a 5.5% increase and updating a federal provision. Funding is Ad Valorem. R2 2nd Amendment to Agreement with Tropical Bay Property Owners Association, Inc. to add a lot that has been purchased under density reduction and to delete two lots that have been sold under the Resale Program. Should you have any questions please Feel Free to contact iiie at (305) 292-3550. cc: Count),Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 1493 FIRST AMENDMENT TO SOLE SOURCE AGREEMENT WITH SIEMENS INDUSTRY, INC. FOR TESTING, CERTIFICATION, AND MAINTENANCE OF ENVIRONMENTAL BUILDING MANAGEMENT SYSTEMS MONROE COUNTY, FLORIDA This First Amendment to Sole Source Agreement is made and entered into this 19th day of October, 2022, by and through MONROE COUNTY, FLORIDA ("COUNTY" or "OWNER") a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and SIEMENS INDUSTRY, INC. ("CONTRACTOR" or "SIEMENS")) a Delaware corporation, authorized to do business in the State of Florida as a Foreign-for-Profit Corporation, whose principal address is 100 Technology Drive, Alpharetta, Georgia 30005, and whose mailing address for the purposes of this Agreement is 3021 N. Commerce Parkway, Miramar, Florida 33025, and whose mailing address for payment is 1000 Deerfield Parkway, Buffalo Grove, Illinois 60089-4513, (with each being a "PARTY" and collectively referred to as the "PARTIES"). WHEREAS, the Board of County Commissioners ("BOCC") approved on May 20, 2020, the replacement of the existing, no longer supported Environmental Building Management Systems (EBMS) with a Desigo Enterprise BMS for the amount of $237,583.06 allowing the County to monitor additional sites remotely and locally in a unified system; and WHEREAS, the BOCC approved on March 17,2021,a request for a waiver of the Monroe County Purchasing Policy provisions to designate Siemens Industry,Inc. as a Sole Source Provider so that the expiring Contract with Siemens Industry, Inc. could be negotiated and renewed as a sole source contract; and WHEREAS, on April 21, 2021, the BOCC approved a month-to-month renewal agreement with Siemens Industry, Inc. pending negotiations to take place with Siemens until a satisfactory Sole Source Agreement was achieved and then for it to be placed on an agenda for approval by the BOCC; and WHEREAS, on April 20, 2022, the BOCC approved a negotiated Agreement with Siemens Industry, Inc. as a Sole Source provider for testing, certification, and maintenance of Fire Alarm, Smoke Control, and Environmental Building Management Systems on Monroe County facilities ("Original Agreement"); and WHEREAS, Paragraph 10 G of the Original Agreement provides that commencing after one full year from the effective date of October 1, 2021, and annually thereafter, the contract amount shall be adjusted in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index for all Urban Consumers (CPI-U) for all items and services for all U.S. Cities, not seasonally adjusted, as reported by the U.S. Bureau of Labor Statistics at 1 Siemens First Amendment Agreement—Effective October 1,2022 1494 December 31" of the previous year using the most recently published indicator, or adjusted by an increase of five and five tenths percent (5.5%), whichever is less; and WHEREAS,the CPI-U as of December 31"of 2021 was seven percent (7%). Therefore, pursuant to Paragraph 10. G. of the Original Agreement,the contract amount shall be increased by an increase of five and five tenths percent (5.5%), which is less than the CPI-U of seven percent (7%) as of December 31, 2021; and WHEREAS, the parties desire to also amend the Original Agreement to add certain Federal Required Contract Provisions by including the Energy Efficiency paragraph; and WHEREAS, this First Amendment is to amend the Original Agreement to increase payment amounts by five and five tenths percent (5.5%)retroactive to October 1, 2022, pursuant to the terms of the Original Agreement and to update the Federal Required Contract Provisions; and WHEREAS, the parties find that it would be mutually beneficial to amend its Original Agreement and enter into this First Amendment to Agreement; NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: I. In accordance with Paragraph 10. G. of the Original Agreement, the Contract amount shall be increased by five and five tenths percent (5.5%), which is less than the CPI-U of seven percent (7%) as of December 31, 2021. 2. The Contract amounts for Maintenance and Testing Services, excluding Additional Services, based on the five and five tenths percent(5.5%) CPI-U increase, in Paragraph 10. E. of the Original Agreement, shall be increased retroactive to October 1, 2022, in the total annual amount of Two Hundred Fifty-two Thousand One Hundred Forty-five and 00/100 ($252,145.00) Dollars, and amended for each location as follows: Monroe County Detention Center $93,293.65 per year Plantation Key Detention Center and Courthouse $ 7,564.35 per year Sheriff's Administration Building $ 20,171.60 per year Monroe County Juvenile Justice Building $ 35,300.30 per year Monroe County Government Center (Marathon) $ 17,650.15 per year Medical Examiner's Office $ 7,564.35 per year Gato Building $ 7,565.35 per year Harvey Government Center $ 7,565.35 per year Murray Nelson Government Center $ 7,565.35 per year 2 Siemens First Amendment Agreement—Effective October 1,2022 1495 Jackson Square Key West Courthouse Annex $ 17,650.15 per year Jefferson B. Browne Building $ 7,565.35 per year Historic Courthouse $ 7,565.35 per year Lester Building. $ 7,565.35 per year Freeman Justice Center $ 7,565.35 per year TOTAL $252,145.00 Annual 3. The Original Agreement is hereby amended to add the following as Paragraph 54.21, Energy Efficiency, and shall read as follows: 54.21 Energy Efficiency. If applicable, Contractor will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. §§6201-6422) and with all Mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. 4. Except as set forth in Paragraphs 1 through 3 of this First Amendment to Sole Source Agreement, in all other respects, the terms and conditions set forth in the Original Agreement remain in full force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] 3 Siemens First Amendment Agreement—Effective October 1,2022 1496 1'TNESWHEREOF, COUNTY and CONTRACTORhereto have set their hands 4pals,the dqy and year first above written. „ W BOARD OF COUNTY COMMISSIONERS " ;Aft -K MADOIC, CLERK OF MONROE COUNTY,FLORIDA As Deputy Clerk May Date: ,C. 6.0a 11 . Witnesses for CONTRACTOR: CONTRACTOR: SIEMENS Y,INC. by Smvft 1,H—d Summerlin Jr Dulaneylay CAWuwcmg µw,fto. m6. W„ II#+k svgeu, ruaomr" mwceos&xsu.woeunavtlVun&hwvdrrp Brian � y® Howard %d22.1 6,C46 tl9^:�a:77-¢wW'CDID Signature of person authorized t0 Signature a ally bind Corporation Brian Dulaney mate: H. Joe Surnmerlin Branch FBA Manager Branch General Manager Date Print Name Print Name and Title . Signature Mangieri y : a LouAnn DMm"'o= ,eb, 3m �� . ro Date Print Name MONROE COMM m7 ATTOFNEVS ATTORNEYSMEARES AMTANT COUNTY 3 0 7 @. Siemens first Amendment Agreement mm-Effective October t,2022 1497 GV�S COURTg c Kevin Madok, CPA Clerk of the Circuit Court& Comptroller— Monroe Count Florida o p Y, E cOVN DATE: May 3, 2022 TO: William DeSantis, Director Facilities Maintenance Chrissv Collies Executive Administrator FROM: Liz Yongue, Deputy Clerk SUBJECT: April 20th BOCC Meeting Attached is an electronic copy of the following itein for your handling: S3 Agreement with Siemens Industry, Inc. as a Sole Source proNrider for testing, certification, and maintenance of Fire Alarm, Smoke Control, and Building Automation Systems on Monroe County facilities. Funding is Ad Valorem and Fines and Forfeiture. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney_ Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florid? limn 305-294-4641 305-289-6027 305-852-7145 305-852-7145 1 498 SOLE SOURCE AGREEMENT WITH SIEMENS INDUSTRY! INC. FOR TESTING, CERTIFICATION, AND MAINTENANCE OF ENVIRONMENTAL BUILDING MANAGEMENT SYSTEMS MONROE COUNTY, FLORIDA "I'his Agreement is made and entered into this 20th day of April, 2022, by and through MONROE COUNTY, FLORIDA ("CWNTY" or "OWNER") a political subdivision of the State of Florida, whose address Is 1100 Sinionton Street,KeyWcst,Fiorida33040,and SIEMENS INDIJSTRY, INC. ("CONTRACTOR" or "SIEMENS"),) a Delaware corporation, authorized to do business in the State o,f Florida as a Foreign-for-Profit Corporation, whose principal address is 100 Technology Drive, Alpharetta, Georgia 30005, and whose niailing address for the put-poses Of this Agrectrictit is 3021 N. Conirnerce Parkway, Miramar, Florida 330:25, and whose mailing address for paynient is 1000 Deerfield Parkway, Buffalo Grove, Illinois 60089-4513, (with each, beinga "PARTY" and collectively reGerred to as the"PARTIES"), WHEREAS, COUNTY and CON1 I RAcrOR have had a loag-time contractual relationship under an Agrecinent with SIEMENS dated April 20, 2016, as, arnended ("Original Agreement"), with CONTRACTOR providing testing, certification, and maintenance services for certain fire and alarni systems at vari(:,ws public facilities; and WHEREAS, the COLINTY desires to have continued testing, certification, and maintenance services for its 1:ilnvirontnerltal BUilding Management Systems ("E,BMS"):at various ptlblicfiaeihties utilizing new technology; and WHEREAS, the CONTR,ACTOR desires and is able to provide testing, certification, and maintenance services for the EBMS systen,is at these public facilities; and WHEREAS, the Monroe County Board of County Conli-nissioncrs ("BOCC") hereto did on 'May 20, 2020, approve the replacement oftlic existin obsolete appkcations with Desigo C(.' enterprise software for expanding Desigo' s capabilities to all C.01111ty buildings with an enterprise unified.solution. The upgrade iricludes the Software as as Service (Saas), Navigator, as Cloud based Mass 'D:ata Manager and Fault Detection Diagnostic Engine, for monitoring an(I reporting of the County chillers and heating, ventilcition, and air conditioning systems ("F[VACs")., Sorric of(lie new installed Software is proprietary to SIEMENS; and WHEREAS,, STEMENS presented Proposal No. 56,09848 dated February 10, 20:21, to COUN'TY setting ("orth the services it.could provide for theEBMS systerns at the Public Cacilitics; and WHEREAS,the DOCC approved ort March 17,20,2 1,a request for awaiver of the Monroe County Purchising,Policy provisions to clesignale Sicinens Industry, ]'tie.as a,Sole Source Provvider Siciliens Agrmuent—JEfTccflve October 1,2021 1499 so that the expiring Contract with Siemens fridustry, Inc, could be negotiated and renewed as a solc source contract; and NV UEREAS, oii April 21, 202 1, the BOCC approved a Fourth Arncildnient t terid the term ofthe Original Agreement on a Ynonth-to-month,basis, not to exceed. (six) 6 niontlis pending negotiations on tennis of a.Sole Sourcc Agreement; and WHEREAS, the last extended terin of the Original Agreenient was to expire on October 20�, 2021, and,the Parties CXCCUled a Notice of Interne dated September 30, 202 1, to cotitimic all old services, and the proposed new services offered by Sierneas during the interini period until anew agrecineta was,reached and approved by the BO�CC; aud WHEREAS, the COUNTY now desires io terminate its Original Agreement with SIEMENS,, as amended, as of October 1, 2021, and enter into this new Sole Source Agreement retroactive to October 1, 2021; and WHEREAS, it serves au in-iportant wid legitimate public purpose 1'or(,,'ONTRACTOR to provide testing, certification, and nia,6itenance services and to monitor and control the Esivironmemal Building Manageincjit Systenis at these various public facilities; NOW, THEREFORE,in consideration of the mutual covenants and promises contained herein, the PA.RTIES hereto enter into this, Sole Source Agreement ("Agreement") on tire terms, and contlitions set forth below. 1. "THE AG"REEM.ENT This Aereernent includes and consists of this contract document, Exhibits "A", "B", " '" 11) and"D", Appetidix "A", Appendix "B", and all other attachmerits hereto, 2. SCOPE OF SERVICES C,ONTRACTOR.shall perform the Scope of Services required under this Agreern.en( which shall include, but is not limited to, the work specified in I�,xhibit "A" (the "Scope of Services"), attached hereto and madea part hereof. 17he Scope of Services is a description of CONTRACTOR. S obligations and responsibilities and is deenied to include prelimiLiary consideratimis and prerequisites,and all labor, materials,CqUipynent,and lasks that are such an itiseparable part of the work described that exclusion would render performance by CONTRACTOR impractical, illogical, or uncotiscimiable, CONTRACTOR shall provide its, services, at the COUNTY facilities as identified in Exhibit "A", attached hereto, as amended throughout the term of[his Agreement, . Any services Linder this Agreement deemed as"Additimial Services,"and identif ed.herein as "Corrective Maitilenance and Component Replacement," shall be Further- delineated iii the Scope of Services attached. hereto as Exhibit"A", 2 Siemens Agreement FSfeefive October 1,021. 1500 3. 'rERM OF AGREEMENT This three (3) year Agreement shall cornnience retroactive to October 1, 20121, and terminates upon September 30, 2024, unless terininated earlier in accordance with Paragraph 27 of this Agreement, I'lic COUNI'Y shall have the option to renew fluis Agrccincilit l'or up! to an additional diree (3) oilw-year periods on terms and conditions mutually agreeable to the parties,exercisable upon written notice given at leas[sixty(60)days' prior to the end of the initial term. Unless the contract clearly indicates, otherwise, references to the "temi" of this Agreement shall rnean. the initial tcr,tn of three(3)years. `fhC COUNTY is J101 I-eqUired to state a reason if it elects not to renew, 4. MAINTENANCE, REPAIR,AAD REPIJACEMENT "He CON'FRACTOR shall, whenproviding maintenance or repair services, maintain the systems in good condition and repair, including making all necessary repairs and replacements,consistent with standard NFPA requirements and Fire Alarm Systeni,Smoke Control System, and Building Automation System practices. The CONIRACTOR shall maintain the safety of the systems at a level consistent with applicable taw and normal practices, for systenis of similar magnitude. The C'ON`l RACTOR. shall inaintairi the systerris and equipment in good repair and in a neat, orderly, and litter ftee condition in order to protect the systems against deterioration and to maintain the aesthetic quality of the facilities. 1'he CONTRAUl"OR, shall correct any material deficiencies, inefficient operation, and inaintenaacc of the systems throughout the term hereof` pursuant to ttic provisions hereof for normal conditions in Monroe County, Florida. All new work shall. be guaranteed for a period of twelve (12) months after the earlier of the County accepted substatitiaIl completion of the work or first beneficial operation or use. All aLIXiliary equipment not manufactured by the CON"rRAC]"'OR carries such warranty as givcn,by the nianL1f',tCtU1'ef thereof and which is hereby assigned to the County. 'I'lie OWNER shall have the right to request, during nornial business hours, copies of maintenance records maintained by the C.'ONTRA(wX)R. The (0NTRACTOR. shall maintain the facility irl such a manner as to keep all warranties in full force and shall not act, or allow any other party to act, s<'); as to interfere ),vith the effectiveness of such warranties. SIEMENS will not be responsible for the maintenance, repair, or replacement of, or Services necessitated by reason of (a)non-nia,intainab.1c, non-replaceable or obsolete parts of the EqUiptnent, including but not limited to, ductwork, shell and tUbes, heat exchangers, coils u, nit cabinets, casings, reft-actory niaterial, electrical wiring, w a-nd p ater nek,unatic piping, structural supports,, cooling tower fill, slats and basins, etc. unless otherwise expressly stated elsewhere in this Agreement; or (b) negligence, abuse, rniSUSC, improper or inadequate repairs or modifications, irnproper operation, lack of operator rnafiritenance or skill, of failure to comply with rrianufactUrer's operating and envirotirrierflal requirements. SIFIMENS is not responsible for repairs, replacenieras, or services to Equipment, due to CWI*OSion, erosion, improper or inadequate water treatment by others, electrolytic or chei�nical action, or reasons, beyond its reasonable controL S. FINES AND PENALTIES 3 Siemens Agrcernmit—Eff5ccOve October 1, 021. 1501 `rhe C*ONTRA(_,TOR shall be liable for the following: 1) Any fines or civil penalties which may be imposed by any govcninicrital or quasi-governincnital agency or body; and 2) Any judginonts or liabilities arising from actions by non-goverurrient or quasi-governirtental agencies or bodies for violations of applicable county, state, and federal laws, and regulations to the extent directly arising 011t Of, Or reSUldrig from, the perf.'onriance of its duties and obfigatiOUS Under this, Agreement, including, without, fin-ti(ation, acts and oniissions,of the CONTRACTOR, its einployees, agents, officers, and subcontractors. The CONTRACTOR shall not be responsible for any fines, or civil penalties due to legal proceedings, concluded prior to execution of this Agreement, unfess such fines or civil penalties are the direct NSUH ofan.act or omission of the CONTRACTOR pursuant to the terms hereof, 6. STAFFING /SERVIC'UTEAM PERSONNEL 'rhe CONTRACTOR shall assign only qualified, trained building set-vice personnel fatnilim with the O:WNER's building systems to perforin services under this Agreement. 'rhe CONRACTOR shati provide, sufficient T1U111b0rS of clualified personnel needed to ensin-c the adequate and satisfiictory monitoring and performance of the systems as required pursuant to this Agreement or` by law. The CON]I RACTOR shall utilize any and all other additional personnel, including as team of building experts at SIEMEN'S Digital Service Center, that may be necessary for the maintenance of the systems during abnormal or emergency conditions for Monroe COLUAY, Florida, Upon receipt of approval of such additional personnel by the OWNER, Any listed personnet of COUN17Y or SIEMENS may change thi,oughout the term of this Agreement. So long as the specific individuals, named below reniELirl actively employed or retained by the COL)N'TY and SIEMENS,they shall perform the duties indicated next to their natiles, if they are replaced, the COUNTY or SIEMENS shall immediately notify the other party of the change in personnel and provide the nanie and contact inforination for the new person assigned to that position. At the firric of exeCL160n of this Agreerrient, the PARTIES anticipate tliat the following CO'UNTY and SIEMEN'S service tearn personnel assigned to this service agreement will inctude the following� SIEWNS: a) Sales Executive (Bradley Ayres) — who will nianage the overall strategic ,service plan based upon the COUN'FY's current and future service reqUIrC111C]"ItS. b) C'Iient Services Manager — who is responsible for ensuring that the contractual Obligations are deliverod, the COUNrrs expectations are being met, and the COUNTY is satisfied with the delivery of SIEMENS' services. C) Priniary Service Specialist .--. who is responsible for performing [lie ongoing service of the COUNTY systems. d) Secondary Service Specialist--who will be Canilhar with the COUNTY building systerristo provide in-depth backup coverage. C), Remote Services Speciali'st — who is responsible for remote services, including report generation and backups, 4 SicinensAgreement- Lffccfivc(..)ctobcr1,2021 1502 1) Set-vice Operations Manager— who is responsible for managing the delivery of tile entire stipporl,program and service requirements. g) Service Coordinator---who is responsible for scheduling any planned maintenance visits, and handling any emergency situations by taking the appropriate action. h) Service Administrator — Who is resporisible for all service invoicing, including both service agreement and sei'vice projects. COUN,ry: a) Contract Monitor (lice Steryou) responsible w to will be for monitoring and I ensoring that the contractual obligations arc delivered, including but not, litnifed (01, ensuring any reports are transmitted <ts required per the Agreement; ensuring compliance With financial provisions and delivery schedules; review and authorize, payment of all invoicing for services provided pursuant to the Agreement, additional services, or emergency services, and coordinates any ameridnienN that may become necessary for the Agreenient. b:): Operations Administrator(Dan Bensley) -who, wilt be responsible for ensuring compliance with the technical requirements of the contract, including but not limited to, ensuring coordination for testing and perforni,ance monitoring; coordinating any emergency or additional:, services that may be requilired; ensuring coordination with Siemens' s ta ff/personne 1:1 to troubleshoot issues ats they arise; and. coordinate services with SIEMENS and the County Contract Monitor, c) InformationTechnology(ro Liaison (Ailtonio Ddvila):—who will be responsible for ensuring cornpliance and coordination with the Comity's internal network platforni and any other 11' functions, being accessed or utilized under tile Scope of Work of' this Agreement. 7. BACKGROUND CHECKS /FINGERPRENTIN(; CONTRACTOR employees InUst colisent to f,.,,cvel One backgrotind checks and the MSUILS" Aire. to be provided to the COU NTY within thirty (3,01) days oif award of the contract. "Pie COUNTY reserves the right to refuse personnel based on reSLIIIS ofthe backgrOLlud check. The COUNTY reserves the right to demand of the CONTRAC.1"OR replaccillent (If an eniployce for the CONTRACT DR if a conflict or problelil with that employee should arise. The County's Faci I ities Maintenance Director or his designee shal I have the right to require any employee(s) of the CONTRACTOR to be perniaticntly renloved from any County facility serviced by the CONTRACTOR whenever it appears to be in the best interest of the Courity. It is the responsibility of the CONTRACTOR to itift)rm tile Facilities Maintenance Director or his designee of all new hires, and the results of the background check. The(.1 ONTRACTOR will be respormible for [lie supervision, hiring, and firing of their own employees, and shall be solely responsible for the pay, worker's compensation losurarice, aired benefits. SO111C Work Will be conducted at SCCUre: facilities„ including, but not limited to law cliforcellient avid fire rescue. Backgromid checks, inchiding at a iiiinimitm: 5 Siemens Agreemem--I`Sfa Cfiw October 1,2021 1503 A. Warrants check; 13. Fingerprints; C. Local R,ecords,check; 1 . Prior employment check; and E, Criminal History check are required of Contractor's personriel that will enter Mom-oe County Sheriff's Office ("MCSO") facilities. Background checks on such persorinel will be conducted by the MCSO. MCSO may prohibit entry to,or remove from, any secure facility arty Contractor employee Who, In the Judgrilent, of MCSO, po,ses as risk. to [lie security or good. order of[tic facility. Thereafter, MC'SO and the Contractor will immediately discuss resolution of the problem. If the problem is not resolved to the satisfaction of ffic MCS,O, the employee shall not be perinitted to return to any 'llacifity operated by the MCSO, Contractor will promptly replace the cniployce at no additiotilal cost to County. Contractor furilict agrees to notify County itnIniediately upon becoming aware that one of its errs plOyeeS Or subcontractor's employees, who: previously completed the back-grol3nd check, is subsequently arrested or convicted ofaiiy crime, Failure by Contractor to notify C!ounty of such arrest or conviction within-Forty-eight(48) hours of being I)Ut Oil notice by the ernployee/subcontractor ai)d/or within rive (5) (lays of its occurrence shall constitute grounds for immediate terinimation of this contract by the County.The parties further agree that failure by Contractor to perforrn any of the duties (Icscribed iii this paragraph shall constitute a material breach of the contract entitling County to terminate this, contract irnmed'ately with no further responsibility to make paymeii( or perform any other duties described herein. 8. SPECIAI., PROVISIONS TOO ., CONTROL PI, ----.The Monroe County Deterttiori Center requires a Facilities Maititeriance Department staff member to inventory all visitor's and CO„TIC,AC"I",OR's tools on the approved Visitor/Coiflxactor Toot Inventory forni prior to entering and dep arting ffiefiacility, Only those toots necessary for the pro'ject will be allowed inside the facility. CONTR ACTOR's staff shall be under staff escort and supervisioti at all times while in the secured envelope of the facility or anywhere inniates may have access to the wor.k area. The escort shall have in his/her possession a CONTR ACTOlk Tool Inventory Fortn. Any discrepancies in the tool inventory will be handled by the Mort as outlined in Section X of the Monroe County Administrative Instruction #6606A arid the CONTM, CTOR shall remain at the facility until attempts of 'tool recovery have been cc)napleted. SMOKING' Monroe Clounty Detention Center is as non-smoking facility. Eniployees and CONTRACTORS are not pernlitted to bring tobacco, cigarettes, cigars, lighters,or matches into the secured envelope, Jf these items are brought into: this facility, the act is considered to be an hitrodu(�tion of C,ontrabarid which is punishable by law, 'File MininlUm action that a, CONTIZACTOR may expect, from the Monroe County Sheriffs 6 Siemens Agrecinent -.-F.ffective OcLobu 1,2021 1504 Office for Introduction of Contraband is to be permanently barred: frorn future entrance to tile fac i t i ty. 9. SPECIFICATIONS J'h[c specifications contained herein are considered the minfinum standards required. The inainteriance of the systerns shall comply witli-all applicable Federal, State, and Local laws, codes, and ordinances. T . PAYMENTS TO CON,rRACTOR ,A. COLINTY'S performance and obligation to pay under this Agreement, is confingerit upon an annual appropriatioti by the Board of County Commissioners. C0LJN'[`Y shall pay in accordance with the Florida Local. Goverruneilt llron'ipt Payment Act; payrnent will beniade after delivery and inspection by COUNTY and upon SUbriiission of a proper invoice by CONTRAC,rOR, 13. CONIRACTOR shall,submit to,COUN'ry invoices for Quarterly Maintenance and 'l'C8Ji1'1g SCrViCCS With SU1.3pOrting docuinentation acceptable to the Clerk. Such invoices shall be submitted monthly in arrears, with such services to be paid annually in twelve (12) equal monthly installments. Acceptability to the Clerk is based on generally accepted accounting principles and such taws, rules, and regulations as may govern the Clerk's disbursal of ftinds. Paynient'May be withheld for failure of CONTIZACI'0111 to comply with a term, condition, or requirement of this Agi-cen-ient. All OL&Stfinding invoices must be submitted for payment within ten (1,0) days of the end of the l'iscal Year of the(.,'0LJNT'Y, i.e., September 3W'of each year, to avoid non-payrnent of those services,, C. CONTRACTOR shall submit invoices For Quarterly Maintenance and Testing Services billed nionthly in arrears noting locations serviced with suppor-ting documentation. Retnote services will be invoiced with date of service, number of service hours, location, technician's narne, position,and hourly labor rate as, listed in Appicndix "B". The invoices for OnSitC WrViCCS ShOUld include at a, minii-nurn, the company name,the invoice date, location(building and address), tile date goods or services were provided, arrival and departure times, a clear description of the specific charge (goods and services provided), staff name, position, and hourly labor rate ShOWiRg the 11OLMS Worked under the contract.as listed in Appendix"B,". All invoices referenced in this paragraph must have attached supporting docunientation that is acceptable to tile Clerk. R Notwithstanding any provision of[his Agreement to the contrary, COUNTY rnay withhold, in whole or in part,,, paynient to the extent,necessary W protect AsclC from loss on account of inadequate or defective w<.,irk that has not been rennedied or resolved in a manner satisfactory to the COUNTY or failure to comply with ajay provision of this Agreement. 'I'he atuount withheld shall not be subJect to paynient of interest by COUN]"Y. 7 Siemens A1,10-cenicnt—F ffective October 1,2021 1505 E. COUNTY shall pay to tire CON]"RACTOR for the perlormance of all ser-vices, except those identified herein as "Corrective Maintenance and Component Replacement" ("Additional Services"), on as per monthly in arrears basis, oti or before the first(I")day of the following month. The CONTR AC."TOR shall invoice the C0LJNTY monthly for the maintenance and testing perfIc'mned Under the Coritract Documents cortlained herein. The Contract artiOLIIII for ike Maintenance and Testing Services is Two Hundred Thirty-nine Thousand and 001100 ($23 ,000.00) Dollars, excluding Additional Services, and is set forth as rollows: Monroe County Detention Center $ 8_L&43(j.�Q0 per year Plantation Key Detention Center and Courthouse 70.L 7 00 r, — pe year Shei-ii"rs ,A(iiiiiiiistrati(,iti, Building 19,12,0.00 per year Monroe County Juvenile Justice BLidding $=31,46(.)....C)Q per year Monroe County Gowrnment Center(Marathon), 16,730,00 per year Medical Examiner's Office $ 7,170.00 pet-year Gato Building $ 7,IL70,00 per year Harvey Government(,enter $_7J70.00 per year Murray Nclsoir Goveran'tent Center 7�17UQ per year Jackson Square Key West Courthouse Amex $j �i 7,30.00_L_ per year Jefferson B. Browne Building $ 7,L70.00 ye ar ye, r Historic C,'0'Urth0USC $ 7,170 00 per year L.ester iBuildirr.g, $ 7,..L70,(LO per year Free nian.1 USti.CC Center $ 7 1.701,00 leer year TOTAL $239,000.00 Annual E C(.)'L,JN,ry shall compensate the C',ONTRACTOR, for Additional Services performed under this Agreement, as follows: 1. The COUNTY shall refinburse the CONTRACTOR for the Manufacturer's invoice cost ofall parts and materials(except tax and freight,whIch are reimbursed as chatj;ed with no marIcup), plus percentage as indicated b0ow. ManUfadffer's invoice must accompany all rcqLICSt_S Im payment. All parts and materials shall be of equal or greater quality as compared to existing parts and inatcrials in use. Ort all orders that, reqnire shipping or transportation ofparls or materials whether the part is under warranty or not, fi-eight invoices must accomp Iaiiyt-eqt,icst.st'o-payryietit, ifthe CONTRACTOR and the Mari LiCadu rer are Siemens Agreci,nent—Effccfive October 1,2021 1506 the same entity, CON'rR.Ac'roR shall, confirril and provide the COUN717Y with best customer pricing status, 2, C0NTRA(,,T0R's labor and equipment costs for Additional Services, performed under this Agreement will bic C,IICUlated Ming the Unit prices as shown on Appendix "B", Hourly Labor and Materials Markup 'Rates, which is attached herclo and made a part hereof. There are no additional costs allowed for travel, mileage, meals, or lodging. 1 FIOURLY LABOR AND MARKUP RATl": See Appendix "B" attached hereto and made a' part hereof', for 110LIfly labor rates for upgrades, repair, or replacement work not within the Scope of Services for maintenance and testing, and a markup rate for materials and equipment furnished by SIEMENS. There are no additional costs allowed for travel, initcage, nicals, or lodging, All repair work necessary requiring reimbursement for funding by the OWNER will require prior approval by the OWNER, unless it is deemed at) ernergency, and Gic, OWNER's representative cannot be contacted, In S,LICII case, documentation will be required certifying emergency requirement immediately after tile fact. 4. Tot�at Coirtliensation to,CONT.RACTOR for Additional Services Under this Agreernent shall not exceed One Hundred Forty-fiveThousand and 00/1010 ($145,000.00) Dollars per contract year, Unless pre-approved emergency work reqUiring additional Funds is implenlented,and approved by the Board of County Commissioners. G Cornniencing after one full year t'rorn the effective date of October 1, 2021, and annually thereafter, [lie Contract amount shall be adjusted in accordance with the percentage change in the U.S. Depailment of Cornmerce C.onsurner 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& Bureau ofLabor Statistics at December 31 of the prcvious year LISHIg the most recently published indie,,ttor, or adj usted by an increase of five and five tenths percent 5.5%, whichever is less. The contract price adjustment for any year shall not exceed a maximum change of five and five tenths percent(5.Vic ). I'lieterms"Consumer Price Index", "CPI-U",and"Index"as used in this Agreement shall mean the Consumer Ili-ice Index for all (Jrban Consumers (1982-1984 = too)!, U.S. City Average, All Items, as published by the United States Department of Labor, Bureau of Labor Statistics of the United States Department of Labor. In tile event, such Index is discontinued, comparable statistics in the purchasing power of the corisurner dollar, as published at the [fine of said diSCOnfillUance by a responsible financial authority shall be selected at the reasonable discretion and shall; be Used in I ieu of such index, sic ineiis Agrecinem- Effective Ocrober 1,2021 1507 11'. ACCEPTANCE OF CONDITIONSBY CONTRACTOR CONTRACTOR has,, and shall rnaintain thY0LIgh0Ut the WrIn of this" Agreenicilt, appropriate licenses. Proof of such licenses and approvals shall be submitted to the COUN'TY upon reclucst, 12. MAINITNANCE OF RECORDS COWRACJOR shall maintain all books, records, and documents directly pertinent to performance wider this Agreement in accordanec wide generally accepted accounting principles consistently applied. Records shall be retained for a period ofseven(7)years from the termination of this Agreeinent or five(5) years from the subtirission of 1.111c final expenditure report as per 2 (.TR §20033, if applicabile, whichever is greater, Each party to this Agrecryient or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records pUrP0ses during the terra of the Agreement and for seven(7), years following the termination of this, AgreemenL 13. MITY''TO AUDIT Amilahili ,b qf"Rex,ords. The records ofthe parties to this Agreement relating to the Project, which shall include but not be linflted to accounting records (hard copy,as well as coniputer readable data if' it, can be made available- Subcontract files (including proposals, of successful and unsuccessful bidders" bid recaps, bidding instructions, bidders list, cle.) original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements);backcharge logs and SUPPOI-ting doCUrnentation; geticral ledger entries detailing cash and trade &C(Alfits earned, insurance rebates and dividends; any other Supporting evidence deetnednecessary by (..',0L'FNTYor the Moni-oc County Office of the of Court and Comj)troller (hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contrac(doCUMCIAt(all foregoing hereinafter referred to as "'Records"), shall be open to inspection and subject to audit and/or i-eproductic'm by County's representative and/or agents or the County Clerk. COUNTY or County Clerk inay also conduct verifications,such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, over computations, obsei-\ring vendor and supplier payments, ni1scellatiCOMs allocations, special charges, verifying inf'orniation and arriounts through iniciviews and. written confirniations with emptoyees, Subcontractors, suppliers, mid contractors representatives, All records shall be kept, for ten (10) years, after Final Conipletion. offfic Project, The Coluity 10 Siemens Agreement—Effective Ocrober 1,2021 1508 Clerk possesses the independent ,,lltithority to conduct an atidit of Records, assets, and activities relating to this ProJect. Ifany auditor employed by Monroe County or County Clerk determines that monies paid to C',ONTRAC'FOR pursuant to, this, Agrcement were spent for PLIFPOses not aUthOrized by this Agreement, or were wrongfully retained by the CONI`RACT(1)1�3 the CONTRACTOR shall repay the monies together with interest c,flculatcd pursuant to Section: 55.03, Fla, Stat., running frame the date the monies were paid to CONTRAC"TOR by the COUNTY The ?,ight toi audit provisions survive the termination of expiration, of this Agreement, 14. PUBLIC RECORDS COMPLIANCE CONTRACTOR as comply with Florida. public records laws, irlClUding but not limited to Chapter 119, Florida StaWtes an(] Section 24 of' Article I of the Constitution offlorida. The C.OUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of', all douirrients, records, piapers, letters- or other"public record" materials in its possession or under its control subject to the provisions of Chapter ] 19,Florida Sta,tutcs,mid niadc or received by the COUNTY and C`!ONTRACTOR in cori.junction with this contract and related to contract perforn'Lance. The C.'OUNTY shall have the right to unilaterally cancel this contract capon violation of this provision by the (.',ONI'RA(..'['(')R. Failure of the CONTRACTOR to abide by the ternis of th's provision shall be deerried as material breach of this contract and the C(')I..JNTY may enforce the terms of this provision in the forin of a COL-Irt proceeding and shall, as a prevailing party, be entitled to reimbursement of all attolimey's fees and costs associated with that proceeditig.'rhis provision shall survive arry tcrinilliation or expiration of the contract. The CONTRAC71"OR is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla, Slat., Sec. 119,01701 and the tours and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the Co 1111 ty'S C LIS,toidi a ri cal reco rds, pro v ilde d'ie Coun ty with th as copy of the rcqLICstecl records or allow the records to be inspected or copied within a reasonable time rat a cost that does riot exceed the cost provide(] in this chapter or as otherwise provide(] by law. (3) EnSLLI-C that public records that are exempt or confidential and excriipi frorn pubhe records disclosure requirements are not disclosed except as authorized by tl Siemens Agrecinent—1,'ffccflve October 1,2021, 1509 law fOr the dUratiOn of the contract terni and ft'illowing couipletion ofthe contract if the contractor does not transfer the records to the County, (4) Upon completion of the contract, transfer, at no cost, to the Countyall public records in possession of the Contractor or keep and maintain public records that would be required by the Cautity to perform the service. If the Contractor transfIers all public records to (he, County tipori completion of the contract, the Contractor shall destroy any dupficale public records that are exetupt or cojifidential and exempt frorn public records disclosure requirements, If the Contractor lweps and tmtiritairrs public records upon completion of thc contract, the Contractor slia,11 meet all applicable requirements for rd.Aining public records, All records storcd electronically must be provided to the County, upon request from the County's custodian of records, in as forniat that is cornpatible with the inforniation technology systerns of the Courity. (5) A request to inspect or copy public records relating to a County contract must be inade directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to, the County or allow the records to be inspected or copied Nvithin as reasonable tinic, It'the Contractor does not comply with the Cotnity's request for records, the County shall enfiorcc the public records contract provisions inaccoldarice with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Conti-actor, A Contractor who fails to provide the public records to the County or pursuant to as valid public records request within a reasonable tirrie may be subject to, penalties under Section 11 9�10, Florida Statutes, The Contractor shall not traasfCr custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided In this provision or as otherwise provided by law, IF TRE CONTRACTOR HASQUESTIONS RECIARDING THE APPLICA"FION OF CHAP'rER 119, 1_,�LORIDA STATUTES, TO "I II —C.'ONTRACTOR'S I TY I,' PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,CON r TACTTHE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE NO. 305-292-3,470, OR VIA MAIL AT BRIAN- BIZADI,EVk)MONROECOUN'I'V-Ft.,.GOV, MONROE 12 Sicme,ns Agreenacnt--Effective October 1,2021 1510 COUNTY ATT0RN.EY'S,0FF1.(--.'E, 1111 12TH STREET,SUITE 408, KEY WEST, FL, 330401. 15. H.0'LD If ARMLESS,IND 1?,M'NIFI(-A]'I(.)N, DEFENSI , AND INSURANCE Notwithstanding any minimmi'l,insurance requircments prescribed elsewhere in this agreement, CONTRAc,'ro,R shall clefend, indemnify and hold the COUNTY and the COU'NTY's elected and appointed officers and employees harmless donna and against (1)any clairns, actions or causes of action, (6) ,any litigaLioti., ,i(iiiiiiiistralive proceedings, appellate proceedings, or other proceedings relating to any type of HIJUry (41CILLding cleat]), loss, damage, finc, penalty or business interruption, and (nil) any costs or expenses that may be asserted against, initiated with respect to, or stistaincd by, any indemnified party by reason of, or in connection with, (A) any activity of CONTRACTOR or any of its employees, agents, contractors or Other invitees during the tcrrn of this Agrccaactit, (B) the negligence, recklessness, or intentional wrongful misconduct of CONTRACTOR or any of its employees, agents, Sidi-cont.ractors or other invitees, or (C) CONTRACTOR's default ift respect of any of the obligations that it undertakes! Under the terms of this Agreement, except: to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise fi-om the intentional or sole negligent acts or omissions.ofthe COUNTY Or any of its employees, agents, contractors or invitees (other than CONTRACTOR), The monetary limitation of liability under this Agreement sl)all be equal to (lic dollar value of the contract and not less than $1 in it lion per occurrence pursuant to Section 725.06, Flol ida StatUteS. The I ill')its Of liability sliall be as set forth in the insurance requircinelits included in this paragraph, Insofar as the claims, actions, causes of action, litigation,proceedings, costs or expenses relate to; events or Cil-CUMS(ances: that occur dL1Y111g 111C tcrin of this Agreement, this section will survive the expiration of tile temi of this Agi-ccinent or any earlier termination Of this Agreement, The extent of I labi l�ity is in no way I inli ted to,reduced,or lessened by the insurance requij'°emci'lls contained elsewhere within this Agreement, Failure of CONTRACTOR to coniply with the requirements of"this section shall be cause for immediate termination of this agreement. PriOt'to eXeUltiOn of this Agreement, CONTRA(,'TOR shall furnish the C,0T..J'N'1'Y Certificates of Insurance indicating the rnininiurn covorage lit'nitations in the following amounts: WORKER'S COMPE*NSATION AND EM)'LOVERS LIABILATY INSURANCE Where applicable, workers compensation coverage to apply for all employces at a rninim.um statutory tirnl(s as rcquirex] by Florida 1.,aw, and Ernployee's Liability covcrage in the an1OLH1t0f$500,0001 bodily iijiury by accident, $5010,00�O bodily injury by disease, policy limits, and S500,000 bodily injury by disease,each employee. COMPREHENSIVE AUTOMOBILE VEHICLE LIAB11,11'Y INSURANCE: Molor vehicle liability insuraricc, including applicable no-fault coverage, with Sicniens Agrecaient--Effccfive Oember 1,20121 1511 limits of liability of not less than j�30(),Q()L) 00 per occurrence,combined single limit for Bodily InJury Liability and Property Damage Liability, If single limits are provided, the rninirnurn acceptable limits are $1.00,000 per person, S300,000 pet Occurrence, and S50,000 property damage, Coverage: shall irlClUdc all owned vehicles,, all non-owned vehicles, and all hired vehicles. COMMERC.'IAL GENERAL IJABILITY: Commercial general liability coverage with limits of liability of not less than, QL)0,00 per occurrence combined single limit for Bodily Injury Liability and Property Daniage Liability. CY13ER 1AABI1.1TY INSURANCT: Cyber liability insurance coverage with liniits of' liability of not less than $_/,000,000,00. Coverage will be maintained thr0UgfiOLn the life of the contract and slud] incladc the following coverages: 1) Data Breach, 2), Net,�vork Security Liability', 3) Internet Media, 4) Network Extortion, 5)Regulatory Proceedings, and 6) PC I lFitics and Gloats, CERTIFICATES OF INSIL)IIANCE: Original Certificates of Insurailce shall be provided to the COUNTY at the firne of execution ofthis Agreement and certified copies provided if req,icsted. Each policy certificate shall be Cridorsed witti, a provision that not less than thirty (30) calendar days 'written notice shall be provided to [lie COUNTY bef'brc any policy Or coverage is canceled or restricted. 'rhe underwriter Of SLICh insurance shall be qualified to do business in the State of I'lorida, lfrequested by the Cotiii(y.Ad'inri,iisti-atoi-, the insurance coverage shall be primary insurance with respect to the C",0UNTY, its officials, employees, agents and volunlecrs. MONROE COUNTY Batim OF COUNTY CO, ";MISSIONERS MUST BE NAMED AS A'DDITIONA L INSURED ON A LL PO ICJ EXCEPT f VORKER`,V COMPE MV/4 770AI 16. NON-,WAIVER OF IMMUNITY Notwithstanding the provisions of See, 768.28, 11orida Statutes, the padicipation of the C,ounty and Contractor in this Agreement and the cicquisition of any commercial liability 'J11SUranCC coverage, self-irisurance coverage, or local government liability insurance pool covet-age shall not lie deemed i waiver of inununity to the extent,of liability coverage, nor shall array Agreement entered into by the County be required to contain any provision for waiver. 17. INDEPENDENT CON'TRAC "ICI R At all times and for all purposes under this Agreement:,C ont.ractor is an independent contractor and not an employee of the Board Of C'OUnty Commissioners ofMonroe Counly. No statenient contained in this Agreenictit shall be construed so as to find Contractor or any of' its employees, subcontractors, servants, or agems to be eniployces, of the Board of County Conin"flssioners of Monroe Couitty. 18. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY 1.4 Siemens Agreenicia—Pffccfive October 1,2021 1512 CO1" T1CAC7FOR and COTJNTY agree that tticre will be no discrimination against any p,erson, and it is expressly understood that upon as determination by as court of competent Jurisdiction that discrimination has OCCUrred, this Agreement autoniatically lerminatcs Without any rurdler action on the part of any party, effective the date of the court order. CONTRACTOR and COUN]"Y agrees to comply with all Fedcral and Florida statutes,atid at I local ordinances, as applicable, relating to nondiscrimination. These include brat are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrin-fination, ofi the basis of race, color or national origin; 2) Title IX of the Education Aniendnient of 1972, as amended (20 LJSC ss. 1681-1(r,83, and 1685-168,6), which proliibits discrimination on the basis of sex; 3)Section 504 ofthe Rehabilitation Act of 19!73, as amended (20 USC s. 794), which prohibits discrirnination on the basis of handicaps; 4) The Age Discrimination Act,of 1975,as amended(42 USC ss, 6 101- 6107)which prohibits discrimination,on the basis of age; 5)The DrugAbuse Office and Treatment Act of'1972(PL 92-255), as amen'ded, relating to nondiscrimination on.the basis of drug abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism Prevention, "Treatment and R&afiflitation Act of 1970 (PL 91-616), as amended, relating to noridiscrirninatiou on the basis of alcohol abuse or alcoholistil; 7) The Public I-lealth Service Act of 1912, ss, 5�23 and 527(42 LISC ss, 690dd-3 and 290ce- 3),as aniended,relating to confidentiality of alcohol and drugabusc patient records; 8)Title VIII of the Civil Rights Act of 1968, (42 U SC s. 3601 et seq.), is arnendcd, relating to nondiscrimination in the sale, rental or financing of housing; 9) Tlie Arricricans with Disabilities Act of 1990 (4-2 LJSC s. 12101 Note), as unary be amended from time to titne,rela(filig to nondiscriniination on, the basis of disabili(y; t0l) Monroe C,ounty Code Chapter 14,Article 11,which prohibits discrimination on the basis or race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status of age; and 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONTRACTOR, in accordance with Equa]Emj�loynient Opj,�oi-tunity(301 Fed. Rcg. 123 t9, 12935, 3 C.F.R. Pail, 1964-19,65 Comp,, 1). 339), as amended by Executive Order 11375, Ament1hkq E'xeeulive Order 11246 Relating to Equal EmI)JOyment Oyq)orwnity, and iMPICITIC11ting I'MIlations at 410".R. Part 6,0, (Office of Federal Contract Equal Eniployment, Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix 11,I]'C, agrees as follows: (I) Flic Contractor will not discriminate against any employee or applicant for efrtploynient because of race, color, religion, sex, sexual orientation, gender identity,or national origin. 'rhe Contractor will take affirtriative action to ensure 15 Sicaietis Agrccrnew—Effective Oct)bcr 1,20:21 1513 that applicants are employed,and that employees are treated during employment, without regard to their race, color, religion, SCX, sexual orientation, gender identity, Or national origin. Stich action shalt include, but not be limited to the following: Employment, Upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff'or tent-nination; rates of pay or other Cornis of compensation; and selection for training, including apprenticeship, 'I'lac C,oti(raclor agrees to post in conspicuous places, available to employees and applicants fbr eniptoyment,notices to be provided setting forth the provisions of this nondiscrimination clause. (2) 'The Contractor will, in all solicitations or advertisemcnts for employees placed by Or on behalf of the, Contractor, state that all qualified applicant's will, receive consideration for employment without regard to race, color, religion, sex, ScXUal orientation, gender- identity, or national origin, (3�) The CmAractor will not discharge or in any other rnanner discriminate against any enaployce or applicant;for employment because such ernpl.oyee or applicant has inquired about, discussed, or disclosed the compensation of' the employee or applicant or another cniployce or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information ol'otber employces or applicants as a part of such eniployee's csseatial jot) fUnc(lofts discloses the compensation of such other employees or applicants to individuals who do not:otherivise have access to SII.Ch H'iforniation, unless such disclosure is III response to a fomiat complaint or charge, in ftirtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish infiorniation, (4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, as notice to be provided advising the said labor union or workers' representative of the Contractor's commiti-rients, under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 19,65, and of. (he rules, regulations, and, relevant orders of the Secretary of Labor. (6) I'lle Contractoi wil I furnish all intorniation,and reports required by Executive Order 11246,of Septeiriber 24, 1965,and by the rules,regulations, and orders of the Secretary of.'Labor,Or pursuant thereto,and will permit,access to his books, records, and aCCOUnts by the administering agency and.the Secretary(if Labor for purposes ofinvcstigatioill to ascertain con1plialICC With Stich rules, MgUhAiOuS, and orders. (7) In [lie event of the Contractor's noncompliance with the nondiscritilination 16 Sienicus Agreenictit.-Pffecfivc October 1,2021 1514 Clauses of this contract or with any of the said rules, regiflations, or orders, this contract may be canceled, tcrt-ninated or suspended in wl-)!,ole or in part, and tlic Contractor may be declared ineligible for further Giovernrnent contracts or federally assisted C0nSlrUCfi0]1 contract,.,, ]in accordanec with procedures authorized in Executive Order 1 ,12461 of September 24, 1965, and such other sanctions may be imposed and rernedies itivoked as,provided in Executive Order I 1246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Cm oatractoi-will include the portion oCthe sentence kulnediately preceding paragraph(1) and the provisions of paragraphs(1)t1ii-ough (8) it) every subcontract or 1.)urchasc order unless exempted by rules, regulations, or orders, of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such, provisions will be binding upon each subcontractor 01, vendor, The Contractor will take SUCIA action with respect to any subcontract or Purchase order as the administering agency may,direct as as means ofenforcing such provisions, including,sanctions for non-cornpliancc; provided, however, that in the everil, a contractor becomes involved in, of is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to cater into such litigation to protect the interests ofthe United States. 19. ASSIGNM,],,N'l"/SUBCONTIZA(*'I' CONTRAC"170.1Z shall no( assign 01- Subcontract its obligations under this Agreement to others, except in writing and with the prior. written approval of the Board of County Corn.rnissioners of Motiroe, Counly, which approval shall be subject to SUCII conditions and, provisions as the Board may deem necessary. "rhis paragraph shall be incorporated by i-efierence into any assigntnent or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement, Unless expressly provided .("or therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the Board. 20. COMPLIANCE WITH LAW AND LICENSE REQUIREMMENTS In providing all services/goods purSuall I to this Agreement, (,on tractor,shall abide by all, laws of1he Federal and State goverament, ordinances, Rites,and regulations pertaining to, or regulating the provisions of, such services,, including those now in effect and hereinafter adopted. Compliancewilhall laws itICIL,)dCS,bunt.is riot liiiiited to, the irm,nigration. laws of the federal and State government, Any violation of said statutes, ordinances, rules,and regulations shall constitute a material breach of this Agreement and shall entitle the Board to terminate this Agreernetit. Contractor shall possess proper licenses to perform work in accordance with these specifications throughout the lerni of this Agrcenicrit. 21, DIS(1,01SURE AND CONFLIC"I'OF INTEREST 17 Sictriens Agreement---J.J6ecdvc October 1,20211 1515 C,ontractor represents that it, its directors,principals,and employees,presemly have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as pt'Ovidcd in See, 112.311, eL seq., Florida Statutes. County agrees that officcrs and employees of [lie County recognize and will be rcquired to comply with tile standards of conduct 6or public officers an(] employees as dchneated in Section 112.3113, I'lorlda Statutes, regarding, but 1101 111114W to, solicitation or acceptance of gifts; doing business with ones agency; unauthorized compensation; misuse of 1)ublic position; conflicting employment of'Coll tractual relationship; and disclosure or Use of certain information. 22. NO SOL,ICITATIONTAYMENT County and C,ontraclor warrant that, in respect to itself, it has ticither employed nor retained any company or person, other than a bona fide employee working solely for it, to, solicit or secure this AgreernerA and that it has not lurid or agreed to pay any person, company, corporation, individual, oi,- firrn, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consider,ation contingent upon or resulting from the award or inaking of this Agreement For the breach or viotation of the provision, the(..'.ontractor agrees that the County sliall have the right to terni1na[c this Agreement without liability arid,at its discretion, to offset frorn iuonies owed, or otherwise recover, the full an101,1111 Of' such fee, commission,percentage, gift, or consideration. 23. EMPLOYMENT OR RE,rENTI.ON OF FORMER COUNTY OFFICERS OR EMPLOYEES CONTRACTOR warrants that it has not erriployed, retainer or Otherwise had act on its behalf any former County officer 01- CJuplOYCC subject to the prollibition of Section 2 of Monroe County officer or employee subjecl to the prohibition of Section 2 of Monroe County Ordinance No. 010,-1990 or any (.7ounty officer or employee in violation of Section 3 of fit County Ordinance No, 020-1990. For breach or violation of this provision the County rnay, in its discretion,tertninate (his contract without liability and may also, in its discretion, deduct fi-oni the contract or purchase price, or otherwise receive the full anlOUTIt of any fec, conii-nission,percentage, gift, or considcration paid to the former Count), officer or employee, 24. NO PLEDGE OF CIMDIT Contractor shall not pledge the County's credit or inake it as guarantor of'paynient or Surety for any contract, debt obligation, judgment, lien, or any roan of indebtedness, Contractor further warrants arid represents th-at it has no obligation or indebledness that would impair its ability to ffiffill the terms of this contract, o ts Sienicus Agreenicnt— F,"Hective October 1,2021 1516 25,. NOTICE REQIJIRENIENT All written correspondence to the COUNTY shall be dated and signed by an 0NTRA.GT(.')R, Any written notices or authorized representative of the C correspondence required or permitted under this Agreement sliall be in writing and sent by Uiii(cd States Mail, certified, rCtL1J-n1VCCipt requested, postage prepaid, or by courier with proof of delivery. "I'lie place of'giving Notice shall remain the satric as set lbrith herein until changed in writing in the manner provided,in this paragraph. Notice is deemed received by (,()NTR.A(,,,rOR when hand delivered by national courier with proofol-delivery or by U.S, Mail upon \,crifled reccipt upon the date of reftisat or non-acceptance of deli\,ery. Notice shall be sent to the followino: zn .FOR COUNTY: FOR C()NTRACT0R: Monroe COUnty Siemens Industry, Inc. Facilities Maintenance Dept, Attn : Bradley Ayres 123 Overseas .Highway--Rockland Key 3021 N. Con-imerce Parkway Key Wes(, FL, 33040 Miramar, FL 313025 and Monroe County Attomey's Office 1111, 12"' Street, Suile 408 Key West, FL 33040 20. TAXES COUNTY is exenipt Froin payment of' Florida State Sales and Use taxes, CONTRACIM shall not be exempted by virtLIC of the COUN'.Fy's exemption froni paying sales tax to its SUppliers for materials used to fulfill its obligations under this contract, not, is CON"FRACTOR aLl(horizcd tO Use [lie COUNTY' Tax Exemption Number in securing such materials. CONTRACTOR shall be ZD� responsible for any and all taxes, or payments of withholding related to services ZD� rendered under this Agreement. 27. TERMINATION A, In the event that the CONTRACTOR shall be f(Alrid to be negligent in ally aspect ofservicc,the CGUNTY shall have the,right to terininate this Agreement after five(5) days' written notification to the CONTRACTOR, 13. Either of the 1parties hereto may cancel this Agreement without caLlse by giving the other party sixty ((i0) days' wriacn,notice of its intention to do so, C. "Fernunation for CaLLSc and Remedies: In the event o1"breach ofaray contract ternis, the COUNTY retains, the right to terminate this Agreement. "I'lie COLIN"FY may also terinimatc this Agrecirient for cause with C01wTR.A(.,'T0R should CON'YRACTOR Fail to perforrn the covenants herein contained at the 19 Siemens Agreernent Hffcctivc Octobe, 1,2021 1517 time and in the manner herein provided. In the event of sLich terniination, prior to termination, the COUN'ry shall provide CONTRACTOR with five (5) calendar days' written notice and provide the CONTRAC'TOR with all OPPOOUnity to CLUM the breach (fiat has occurred. If the breach is not cored, the Agreement will be terminated fear Cause. If the COUNTY terminates this Agreement wi Lli the CONTRACTOR,COUNTY'sliall pay CONIRAETOR the surn due tile CONJ"RACTOR.under this Agreement prior to termination, Linless the cost of ooinpledon to the COWIN exceeds the Rinds remaining ill the contract; however, the COUN'ry reserves the fight to assert and seek all offset for damages cause(] by the breach, The niaxiniuin amount dLic to CONTRACTOR shall not in ariy event exceed [lie spending cap in this Agreement. in addition, the C'OUNTY reserves all rights available to recotil) monies, paid under this degree agent:, including the right to stie for breach of contract and Including the right to pursue as clairn for violation of the COUNTY's False Clainis Ordinance, located at Section 2-721 et al. of the Monroe County Code. D Terinination for C'onvenicricc: The COUN71"Y may terminate this Agrcerrient for convenience,, at any time, upon. sixty (60) days' written notice to., CONTRACTOR. It' the (IOUN'T"Y ternuriates this Agreell-ne.tit with the CONTRACTOR, COUNTY shall pay CONTRACTOR the suni due the CONTRACTOR under this Agreenictit prior to tcrrninati011, UlliCSS the Cost Of completion to the cotwry exceeds the funds remaining in the contract, 'File niaxinu,irn aniount date to CONITACTOR shall not exceed the spending cap in this Aoreeilient. t5 E For Contracts of any aniotint, if the (.OUNTY determines that the Contractor/C.,onsultant NAS scrub pitted as false certification under Section 287.135(5), Florida Statutes, or has been placed (,.in the Scrutinized Corripanies that Boycott Israel I-ist,or is cnl);agcd in a boycott oft'sract,the(-'.O(,.)-NTY shall have the option of (1) terminating tile agreement after it has given the Contractor/ConsLfltant written notice and an opport,nnity to demonstrate the agency's deteniiination of false certification was in error iiiii,sriarit to Section 287,1 5(5)(a):, Florida StalLites, or (2) niaintaining the Agreeniclit if tile conditions of Section 287.135(4), Rorida Statutes, we inet, E, For Contracts of $1,00101, 00 or more, if the COUNIN determines that the C'ontractOr/CMISUItant submitted a false certificatioti Linder Section 287,135(5)1, Florida StulftlteSl Or if the (,oiiti-acto,i-/Coti,;Ltltar�'it has been phiced on the Scrutinized C.ornpanies with Activities in [lie Sudan I.Jst, the Scrutinized Companies with Activities in the fran Petrolewn Encrgy Sector List, or been engaged in business operations ill CUba or Syria, tfic COUNTY shall have the option of (1) terniinating the Agreetnent after it has given the Contractor/ConsLillant written notice and an, opportunity to dcrnonstratc the agency's deterniination, of false certification was in error pursuant to Section 287,13,5(5)(a), Florida Statutes, or (2) maintaining the Agreelilellit if tile conditions of"Section 287.135(4), Florida Statutes, area met. 20: Siemens Agreement—E-ffective October 1,2021 1518 28. GOVERNING I..,AW, VENUE,AND INTERP RETATION Phis Agreement shall be governed by and COnSfi"Lled in accordance with the laws of the State of I,'lorida applicable to Agreements made and to be perfornied entirely in the State. In the event that any cause of action or adnii-nisn-ative l'.)roceeding is inSlitUled for the etiforcernen't or litilerprelation of this Agreement, the County and Contractor agree ffial venue wdl hu in the appropriate court or before the appropriate administrative body in Monroe C.01inty, Florida, The Partics, waive their rights to trial by jury. The COUNI'Y and CONTRAcrOR agree that, in the event of conflicting interpretations of the tern is or as term, of this Agreement by or between any of them the, issue shall be submitted to inediation prior to the institution (if any other administrative or legal proceedings. 29. MEMATION The ('01MY and CONTRACTOR agree that, in the event of conflicting hiterprctations of the terms or a. term oftliis Agreerneitt by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal procceding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the cir-cuit COUrt Of Monroe County. 30. SEVERABILITY I('any term, covenant,condition, or provision of this Agrec.ment(oil,- the application thereof to any circumstance or person) sliall be declared invalid or unenforceable to any extent by as Court Of C0111pCtelit,jurisdiction, the,remaining terms, covenants, conditions, and provisions of this Agreement, shall not be affected thereby; and each remaining terns, covenant,cotiolition,and provision of this Agreement shall be valid and shall be enforceable to the fuflest extent permitted by law unless the enforcement of the remaining (enns, coveii'ants, conditions, and provisions of this Agreement woutd prevent the accomplishment, of the original intent of this AgreemenC The COUNTY and CONTRACII OR agree to ref'orm the Agrcernent to; replace any stricken provision with as valid provision that conies as close as possible to the intent ofthe stricken provision. 31. AT'rORNEY'S FEES AND COSTS COUNTY and CONI'RACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to rcasmiable attorney's fices, court costs, investigative, and out-of-pocket expenses, as an award against [he non-prevailing party, at. all levels of the court system, including in appellate proceedings, 21 Siemens Agreenient - FIffective October 1,2021 1519 32. ADJVDICATION OF DISPUTES OR DISAGREEMENTS (.'.'OUNTY and CON"1'l�ACT(..)R agree that a]I disputes arid disagrecinents shall be attempted to be resolved by inect and confer sessions between representatives of each ofthe liar ties, CONTRACTOR arid COUNTY Reprcsmitative shall try to resolve the claim or diSpUtC With nicer; and confer sessions. If the issue Or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or rernedy as may be provided by this Agreement or by Florida law. T'his Agreernent is not su ject to arbitration. This provision does not negate or waive the provisions of'Paragwraphs 18 and 27 conccrifing terninliattoll Or cancellation, 33. COOPERATION In tlic event any adillinistra live or legal proceeding is histitutcd against either party rchititig to the (brniation, execution, per6ormance, or breach of tliJs Agreement, COUNTY and CONTRACTOR agree to participate, to, the extent required by the other party, in all proceedings, hearings, processes, ineetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement, COUNTY and CON TR AC"I"OR specifically agree I halt no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 34. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the betiefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors,and assigns. 35. AU]"HORITY Each party represents arid warrants to the other that the execution, delivery, an(.] perP'orniancc of this Agreeirien't have beciii, duly authorized by all necessary CU Wry and corporate action, as required by law. Each party agrees that it has had aniplc opporkinity tol submit this contract to legal coull'sel of' is choice and enters into this Agreement freely, voluntarily, and with advice of counsel. X CLAIMS FOR FEDERAI...,OR STATE AID CON T RACTOR AND COUNTY agree that each shall be, and is, eni.powered to apply ft')r, seek, arid obtain 1'edcral and state funds to further the purpose of this Agreement. Any conditions imposed as a rCSUlt Of(1.111dilIg that affect the project will be provided to each party, 22 Siemens Agreemen t—1,ffedive Gcwbet- 1,202 1 1520 37. 13RIVILEGES AND IMMUNI[TIES All of the privileges and immunities ftom liability, exclilptions froni laws, ordinances, and rUles, and Pensions and relief' disability, workers' compensation, and other benefits which apply to; the activity of officers, agents, or employees of ally pUblic, agents or employees of the County, when perlarniiag their respective functions under this Agrecinent within the territorial limits of (lie County shall apply to the sarne degree and extent to the performance of such functions and cluties orsuch offlicers,2gCntS,VOILIFILcers, or employees outside the territorial limits of the County, S. LECAL OB1,11GATIONS AND RES PONS I BILITI ES: Non-Delegation of Constitutional oj, Statutoi-y Pat-ties This Agreement is not intended to, nor shall it be construed as, relieving any participating entity fl-om any obligation or responsibility imposed upon (lie entity by law except to the extent of actual and timely pefforniance thereof by any participating cn6ty, in which case [he pertbriliance may be offered in satisfaction of the Obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation Of[lie CO)WItUtIO11,11 (AStclftltOry duties of the COUNTY, except to the extent permitted by the Florida 001IStitUtion, state statute, and case law. 39. NON-RELIANCE BY NON-PARrIES No person, or entity shall!, be entitled to rely upon the terms,, or any of'them, ofthis Agreeilient to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agrec that neither the COUNTY nor the CONTRACTOR. or anly agent, officer, or employee of cither shall have [lie authority to Hiforni, counsel,or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or beticfitS Under this Agreernew separate and. apart, inferior to, or superior to ffic community in gencral or for the PUTPOSCS contemplated in this Agreement. 40. ATTESTATIONS (",ONTRACTOR agrees to execute such documents as the COUNTY may reasonably require to include, but not limited to, a Public Fritity Crime Statement, an Ethics Staternerit, Non-Collusion Statenient, and as Drug-Free Workplace Statement, identified as "County Forms",attached hereto as Exhibit "B"sand nia(le a part hereof. 41. NO PERSONAL LIABILITY 23 Sionctis Agrectimit—f,Tfcclive October 1,2021 1521 No covenant of agreertient contained herein shall be deemed to be as covenant or agreement of any member, officer, agent, or employee of Monroe County in his of her individLflifl capacity, and no nicniber, officer, agent, or employee of Monroe Comity shall be liable personally on this Agreeni,crit or be subject to any personal liability or accountability by reason of the execution of this Agreement. 42. EXECUTION IN COUNTERPARTS This Agrectrictit may be executed in any number ofcounterparts, each or which shall be regardedasanoriginal,all of which taken together shall COINGUI(C one and. the same im'.4ruilftent and any of the parties hercto, may exccute this Agreenient by signing any such counterpart. 43. SEC1710N HEADINGS Scetioil headings have been inserted in this Agreement,as, a rnatter of convenience of reficrence only, and it is agreed that such. section licadings, arc tiot, a part of this Agreement and will not be used in: the interpretaGoil of any provisMn of this Agrecinent. 44. PUBLIC ENTITY CRIME INFORMATION STATEMENT "A person or affiliate who has been placed on (lie convicted vendor list following a conviction for a public entity crinic may not submit bid, proposal, or reply on a contract to provide any goods or services to a public entity, may riot submit a bid, proposal, of rcply on a contract with as public entity for the COnStrUC6011 01- repair of a public building or public work, tnay not subriiii: bids on leases of real property to a public entity,, may not be awarded or perform work as a contractor, supplier, subcontractor, or conSUItillit under as contract with any public entity, and tilay not transact business with any j)Ubl ic entity in excess of the threshold amount provided in Section 287,017, Florida Statutes, for CATEGORY TWO f"i'n-a period of thirty-, six (36) months fi-ont the date of being placed on the convicted vendor list." 45. MUTUAL REVIEW niis Agreerrient has been careftilly reviewed by CONTRAC71"(11M and the COUNTY I"'hereforc, this Agreement is not to be construed agaitusl either party on the basis ofauthorship, 46�. FLORIDA E-VERIFY SYSTEM Beginning January 1, Cl 1, in, accordance, with:, Fla. tat,, Sec. 448.095, the CONTRACTOR an([any subcontractor shal I register with and shall U11 lize the U& Department of Homeland SOCUrity's E-Verj y System to verify the work authorization status of all new employees hired lay the Contractor during the term of the Contract and shall expressly require any subcontractors per f'orm i ag work or providing services pursuant to the Contract to likewise utilize the U.S. Department 24 Sienwns Agreenmit—Effecdw October 1,2021 1522 of Homeland Sectirity's E-Verify system to verify the work authorization of all new employees hired by [lie subcontractor during the Contract terin. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract With, 01- SUbconh'act with all Unauthorized alien. The CONTRACTOR shall cornply with and be subJect to the provisions of Fla, Stat., Sec. 448.095. 47. ANNUAL APP'ROPRIA'rION The COUNTY',., putormance and obligation to pay under this Agreenictil is contingent upon an annual appropriation by the Board of C.ounty Corraiiissioners, In the event that the County Funds on which this, Agreement is dependent are withdrawn, this Agreement is, tenninated and the COUNTY has no further Obligation Under the terms of this Agreerrient to the Contractor beyond that already incurred by the termination date. 48. COVENANT OF NO INTEREST COUN'rY and CONTRACTOR covenant that neither presently has any interest., and sliall not acquire any interest, which would conflict in any manner or degree with its performance under this Agrecirient, and that only interest of each is to perform and receive benefits as recited in this Agreement. 49. AGREEMENTS WITH SUBCONTRACTORS In the eNrent, that the C'0NTRAcr(.)R subcontracts any or all of the work in this project to any lhird party, the CONTRACTOR specifically agrees to identify the County as all additional insured on all insunince policies reqUired by the COUnly, In addition, the("ONTRACTOR specifically agrees that all agreements or contracts of any nature with its subcontractors shall include the C',0LInty as an additional il`ISL)red. 501. AMENDMENTS No modification, amendment, or alteration inn the terms or conditions contained in this Agreement,shall be effective unless contained in as written document prepared, with the same or siliniflar forrnality as this Agreement and executed by dtfly authorized representatives of COUNTY and CONTRAGroR after approval by the Board of Coutity Conirnissioilers, 51. PRtOR AGRE EMENTS ']"his Agreenicrit represents the final and coniplete understanding of the PAR"FlE.S regardiag the sub jecl matter atid supersedes all prior and coilitemporancous iliegotiatioli's and discussions regarding that subject matter. There is no 25 Sicinem Agreemem,-- Elffectivc Ocrobcj° 1,2021 1523 commitment, agreement, Or understanding concerning the subJect matter of this Agreement that is not contained in this written Agreement. 52. WARR,ANTY OF PERIT011MANCE CONTRACTOR represents and warrants that it possesses the knowledge, skill, experience, atid financial responsibility required to perf'orm and provide all Services and that each person and entity that will provide Set-vices is duly clualified to PerfOrru SUCII services by all appropriate governmental authorities, where required, and is sufficiently experienced and skilled in the area(s) for which such person or entity will render such Services, CONTRACA I OR. represents and warrants that the Services shall be performed in a skillful and respectful manner, and that the qUahty of all such services shall equal or exceed prevailing industry standards for the provi,,ilon of such services,. 53. RIG"T'S IN DOCUMENTS,AND WGRK Any and all. reports, photograplis, surveys, electronic or digital building graphics, such as Auto-Cad or equivalent format,documents,materials,or other work created by C'OWRACTOR, in connection with performing Services shall be owned by COUNJ'Y, and CO'NTRACTOR, hereby transfers to C.0t..JNTY all right., title, and interest, including any copyright or other intellectual property rights, M and to the Nwork. Upon termination of this Agroement, any reports,pholographs, surveys,and. other data and documents prepared by CONTRACTOR., whether finished or unfinished, shall become the property of C0"U'NTY and shall be delivered by CONTRACTOR to the Contract Moriitor wiflurt ten (10) days after termination of this Agreetrient. MY conipensation due to CONTRAc-roR may be witfiheld LuAil all docunients are received as provided in this Agreetnent. CONTRAC'TOR shall C11SUN'that the requiretnents ofthis section are included in all ',IgMetnents with its Subcontractor(s), .54. FEDMAJ., CONTRAGI" REQUIREMENTS ']'he CONTRACTOR and its, subcontractors must fbtlow the provisions, as applicable, as set forth in 2 CIT R_ §200.326 Contract Pr(..)visions and Appendix It to 2 C".:FJ. , Tart 200,as amended, including but not limited to: 54.1 Davis-Bacon Act, as amended (40 US.C, §§3 141-3 148), When required by Federal program legislation, which ir[ClUdes Emergency Managerrtent Preparedness Grant Program, Hoincland Security Grant Program, Nonprofit Security Grant Prograni, "Tribal Homeland Security Grant Progra in, Port Security C'Trant Program andTransit Security Grant Prognatn, all prinic constrUCtiOn contrads in excess of�2,000 aNvarded by not'i-Federal entities must comply with the Davis-Bacon Act(40 U,&C §§314.1-3 1.44,and §§3 146-3148,) as supplemented. by Departrneiit of Labor regulations (29 UR .Part 5, "Labor Standards Provislolls 26 Siemens Agreement •Effecti%pe October 1,2021 1524 Applicable to Contracts Covering Federally Financed and Assisted Construction")- In accordance with the statute, contractors 111LIM be required to pay wages to laborers and niechanics at a rate not less than the prevailing wages specified in as wage determination rnade by the S,ccj,-etijy ofl-abor. In addition, contractors must, be required to pay wages not less than once a Nveek. If applicable, the COUNTY must place a current prevraihng Nvage determination issued by the Department of Labor in each solicitation, a copy of which is attached hereto as Exhibit "C" and ruade a part hereof, The decision to award as contract Or subcontract must be conditioned upon the acceptance (if the wage determination. The CIOUNTY must report all suspected or reported violations to the Federal a,twaa.rding agency, When required by Federal program, legislation, Which illClUdcs Emergency Management Preparcdness Grant Program, flonicland SCCUrity Grant Program, Nonprofit Securdy Grant Pro grani,,tribal Homeland Security Grant.Program, Port Security Grant Program and Transit Security Grant Prograrn (it, does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Prograni), the contractors, in contracts -for constrLiCti0,11 or repair work above $2,000 in situations where the Davis-Bacon also applies, must also comply with the CoPeland "Anti-Kickback" Act (40 US,Cll, § 3145), as supplernented by Department of Labor regulations(29' CT R Part 3, "Contractors ati,d Subcontractors on Public Building or Public Work Financed in Whole or in.Part by Loans or Grants frorn the United States"), As required by the Act,each contractor or subrecij)ient is prohibited frorn inducing, by any tneans,any person employed in the construction, conipletion, or repair of public work, to give rip any part of the compensation to which lie or she is otherwise entitled. `l'he COUNTY must report all suspected or reported violations to the Federal awarding agency. (1) Coiiti-actor, "riieCONTR,AcrOR shall cotiililywittit-J.S,( 3 145, and (lie requirements of 29 C,F.R. Pwl 3, as may be applicaWc, which are incorporated by reference into this contract. (2) Subcontracts. The COWRACTOR or subcontractor shall insert in any subcontracts the clause above and such other clauses as the H.-WAinay by appropriate instruclions require, and also as clause requinng the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower fiCl' Subcontractor with all of these contract clauses. (3) Breach. A, breach of the contract clauses above may be grounds for tcrnlinalion of Ilic contract, wid for deban-nent as as contractor and subcontractor as provided in 29 C F.R. § 5.12, Additionally, in accordance with [lie regulation, each contractor and SUbcontractor niust furnish each week a staternent with respect to the wages paid each of its 27 Sizineas Agrecinent—Effective October 1,202 t 1525 ernployees engaged in work covered by the C'opeland Anti-Kickback Act and the Davis-Ba,con Act during the preceding weekly payr(,)lJ period, The report shall be delivered by the contractor or subcontractor, within scvcri days after the regular payment date of the payroll period, to a representative of a Federal or State ,igency in charge at the site of the buildilig, or work. 54.2 Contract Work Hours and Safe Ll Standards Act 40: U.S.C. §§3701-3208). Where applicable, which includes all FEMA grant and cooperativ'c agrectnent progranis, all contracts awarded by the COUNTY in excess of S100,000 that involve the eniployrnent ofmcchanics or laborers must comply with 40 U&C.§§ 3702 and 3704,as supplemented by DeparIMCDt of Labor regulations (29 CIR Part 5), Under 40 U.S.C. §37'012 of the Act, each contractor J'rlLV,3t compute the wages of every inechanic and laborer on (lie basis of a standard work week.of 40 hours, Work in excess of' the standard work week is permissible provided that the worker is comlien sated at a rate:of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. ']"he require.rnents of 40 U,S.C,. 370:4 are applicable to construction work, art(] Provide that no laborer or mechanic musl be reClUil-C-d to work in surroundings Or Under working conditions which are unsanitary, hazardous or dangerous, These requirements do not apply to the purchases Of SUpplies or materials or articles ordinarily available on (lie open market, or contracts for transportation emir transniission of intelligence. Compliance with the Conti-act Work Hours and Safety Standards Act. (1) Overthne requirements, No contractor or subcontractor contracting Corany part of the contract work which may rcqLti]'C or involve the CITIPloyment of laborers or mechanics shall require or permit any such laborer or i'llechartic in, any workweek in which he oil-she is eniployed oil such work, to work ill excess offorty hours in such workweek unless such laborer or tnechanic receives compensation at as rate not less than one and one-half tilnes the basic rate of pay For a]I hours worked in excess of forty hours in such workweek. (2) Violation; fiahililjjbr un1wicl liquiclated dainages, fil the event of any violation of the:clause set forth in paragraph (b)(1), of 29 GF.R, §5.5, [tic contractor and any SUbcontractor responsiblc therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case cfwork done under contract lot- (lie District ofColumbia, or a, territory, to such District or to such territory), for liquidated darnages. SLICII liquidated daniages shall be computed with respect to cacti individual laborer or mechanic, inClUding watchmen and <'Wards, employed in violation ofthe clause set forth, in paragraph (b)(1)or29 G FR, §5.5, in the surn of: 27 R.ir cacti calendar day on which SUCh individual was required or permitted to work in excess of tile standard workwcck of Corty hour withOUt paynient of the overtime wages required by the clause set forth in paragraph (b)(1) of 29 GF.R. §5.5, 28 Siemens Agreenfient...Ffficctivc Octobcr J,2021 1526 (3) Pflilhholding',lbr ur)paid ivages wid liquidated clmnag(�Y" The Federal agency shall upon its own action or upon written request of an authorized representative of the Department: of Labor withhold or cause to be withheld, frorn any moneys payable on account of work perCornied by the contractor or subcontractor under any such contract or any other federal contract with the same pt-irific contractor, or any other federally-assisted contract sub,ject, to, ttic Contract Work Hours and Sad,bty Standards Act, which, is held by the same pritne, contractor, such surns as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid walges and liquidated darnages as provided in the clause set forth in paragraph (b)(2),of 29 C.R R. §5.5. (4) Shibclvnlroels The contractor or subcontractor shall insert in any subcontracts the clauses set forth in 29 C.F.R. §5.5, paragraph (b)(1) through (4), and also a clause rcquiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contracto.'r shall be responsible for compliance by any subcontractor or lower tier subcontractor with, the clauses set forth in 29 C.F.R. §5.5, paraplgraphs(1) through (4), 54.3 Rights, to Inventions Made Under a Gointract or ALrreement if the Federal, award rilects (lie definition of"funding agreement" under 37 CI R §401.2 (a) and the recipient or subrecipient wishes to enter into a contrad with a sniall business Firnfl or nwiprot'it organization regarding the substitution of parties, assigninent or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subreciplenI rriust corilply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Non.profit Organizations and Small Business Nmis Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency, 54.4 Clean Air Act (42 U.S.C. W401-7671g.) and the Fedet-al Water Pollution Control Act(33 U.S.0 01251-1387), as amended. C'unlractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as anietided (42 US.(.- §§74Cd1-7671 q)and the Federal, WalcrPollution Control Act., as amended(33 U.S.C. §§1251-1387) and will report violations to FEMA/Federal Agency find the appropriate Regional Office of the Environincrua] Protection Agency (FlIA), The Clean Air Act(42 U.S C 7401-767 1q.) and the federal Water Pollution Control Act (33 US.C. §§1251-1387), as amended, applies to C'.ontracts and stibgrants of amounts in excess of $150,000. The contractor agrees to include these requircrnClItS in eaCb Subcontract exceeding$150,000 7inanced in whole or in part with Federal assistance provided by FUMA/Federal agency, The contractor agrees to report each violation to the (,'OU-NTY and understands and agrees that the COtJNTY will, in fiirn, report each violation as requircd to assure notification to FENIA/1"Icdcral Agency 29 sip nens Agreernent—Effective October 1,202.1 1527 and the appropriate EPA Regional Office. 5�4.5 Debarment and Sus pension.f.Executive Ot'-ders 12549 and 12689). A contract award uridera"covered trailsaction"(see 2 CF.R. §1,80.220)must not be made to pat-ties listed on (lie government wide exclusions ill the System 15c)r Award Management (SAM), in accordance wifli tho OMB guidelines, at 2 YR. Part ISO that 1niplcniCD1 F_XCCUJiVC Orders 12549(3 C.E.R. Part, 1',986 C,'onip., p, 189) and 12689 (3 CTR part 1989 Cornp., i). 235)�, "'Debartneilt and Suspension" and the Department of Hotnelatid Security's rcgulations at 2 C.F.R. Part 300!0: (Nonprocurenient Debarment and suspension). SAM Exclusions contains the names of'parlies clebarrcd, SUspcadcd, or otherwise eXClUdod by agencies,as well as parties declared ineligible under statutory or regulalwy authority other lban ExeCUtiVC Order 1254-9. SAM exclusions can he accessed at www.sani.eov. Contractor is required to verify that none of the contractor's principals(dcfined at 2 CYR §1 W935):or its affiliates (defined at 2 CF'R, §180.905�) are excluded (defined at 2 CER, §tgO.940) or disq�ualffjed (defined at. 2 C.F.R. §1801.935). The CONTRACTOR must comply with 2 CTR, pt. 180, subpart C'and 2 C F'R. [% 3000, subpart C,and 111US1 include rcquirenient to conilply Nvid-L these regulations in any lower tier covered transaction it enters into. 'rhis certification is a i-naterial representation of fact relied upou by the COUNTY, If it is ester dcleri-nined that the contractor did not comply with 2 C.l,R. fit, 18,0, subpart C and 2 C.F.R.pt.3000,subpar(C,in addition to reniedics available to the OUNT'Y, the Federal Ciovernment may purSUc available reniedies, including but not limited to Suspension and/or debarnient. Bidders or Proposers agree to ec)rnply with the requireiiients of 2 C.FR� pat. 180, subpart C and 2 CYR pt. 3000, subpart C,% while this offer is 'valid and throughout the period of.,any contract that may arise from this offer. The Bidder or Proposer further agrees (0 include a provision rcquiring such cornplianec in its lower tier covered transactions, 54.6 Bvrd Anti-Lobbyinij Amendment(31 U.S.C., " 13 j. Contractors that apply or bid for an award exceeding $1001,000 must file the required certification, E.,"ach her certifies to the tier above that it will not and Naas not used Federal appropriated funds to pay any person or organi ration for influencing or attenilpting to inflUClice an officer or eniployce of any agency, as member of Congress, officer or employee of Congress,or an eniployee of a mernber ofCongress iiii, connection with obtaining any Federal coatrad, grant or any other award covered by 31 U',S,C. § 1352, Each tier Must also disclose any lobbying with rion-Federal funds that tales plaice in connection wiI th obtaiiiing any Federal award, Such disclosures are forwarded ftorn tier to tier Lip to the WCii)ieflt Who ill Curti will forward(lie certification(s)to the awarding agency. If award exceeds $100,000, the certification, attached hereto as Exhibit "D" and made a part. hereof, ITAist be signed arid subniitted by the ("ONTBLAC"YOR to the COUNTY. .10 Siemens Agreement—Effective October 1,2021 1528 54.7 (oML1ian.eewit1i Pi-ocuremeut of Recovered Materials as set fli if] 2 C.F.R. 4 200.322, CONTRACTOR must comply with Section 6002 of the Scflid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements ofSeclion 6002 include procuring only iferns,designated ill gUidCHIICS of the Envircmirucutal Protection Ageiicy (EPA)l at 401 CX Part 247 that contain the highest. percentage of recovered materials practicable, consistent with maintaitifi,ig a satisfactory level Of C0111pCtiti011,W)lCrC the purchase price ofthe item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $1,Cl,000; procuring solid waste management services in a mamier that tyraxinliizes energy and resource recovery-, and establishing an affimiative procurement prograrn for procurement of recovered niaterials identified in [lie EPA guidelines. In the perCormarice of(his contract,the Contractor shall make aiaximum USC of prodi containing, recovered rnaterials that are EPA-dcsignated iterlis wiless, the product cannot be acqUirUt— I compelitively withill a,timeh-ame providing for compliance with the contract jlCH'0rn)1l Ill CC schedule, 2. Meeting contract plertomiance requirements; or 3. At as reasonable price. hifort-natiori about this requirement, along with the list of FITA-designated items, is available at EPA's Cornlirehetisive Procurenient Guidelines website, litt,lis://Www,el)al,gov/siiilii/coiiipi,elici,isive-p,i-octij-eiiieiit-guideline-cpg- pro gram.The CONTRACI'M also agrees to comply with al I other applicaMe requirements of Section 6002 Of the Solid Waste Disposal Act. 54,.8 Pi-ohibition on Certain Tellecominunications air(] Video Stit-veillance Set-vices err, Eguipmei,4 as set forth in 2 C.F.R. § 200.216, Recipiews and subrecipients and their contractors and'subcontractors may not Obligate or exfiendany federal funds to(1) Procure or obtain,- (2) Exteud or reriew as contract to procure or obtain; or (3)Enter into as contract(or extend or renew a contract) to procure or obtain equipment, services, or systerns that uses covcl-e(,l telccommunilcaltioris equiprucrit,o.r services as a substantial or essential cornpoilcmit of any system, or. as critical tech nology as patI of any s ystern. As described in Public f,aw 11 -232, sectiori 989, covered 1clecommLluications,equipmelit, is te leco nini uni cations equipment Produced by 11i Technologies Cbrapany Or ZTE Corporatioil (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security Of government facilities, Physical security surveillance of' critical illfraStrli and other national security PUTPOSCS, video surveillarice, and 1clecorinnUffliUltiODS cquipructit 1:)roduced by Hytera (",ommullications Corporation, Hangzhou ffikvisklii Digi(al Tec.1wology Conipaily, or DahUa 1'echnology Company (oil,-any subsidiary or affiliate Of such entities). 31 Sicknens Affeement---Effcclive October 1,2021 1529 (ii):Teleconinitinications or video sure illative services provided by such entities 01' LISing such equipinent. (i ii) 'roil,CCO In IIIU III cat i on,, ()I- video stit-vcill,taiiiceeqLiipniciator services produced or provided by an entity that,the Scu-clary of Defense, in consultation.with the Director of the National Intelligence or the Director of the Federal Bureall of Invcstigation, reasonably believes to be an entity owned or controlled. by, or otherwise connected to, the governnictit of a covered foreign country. 54.9 Domestic Preference for Procurements is set forth in 2 C.E.R. `200:.322. The C01 JNTY and CON'rRACTOR should, to the great extent practicable,provide a preference for the purchase, acquisition, or use of'goods, products, or materials produced in the United Sfatcs (including, Treat not 111111ACd to iron, aluminum, steel, cement,and other manUl'actUred prOCILIetS). These requirements ofthis section inust be iflClUded, ire all subawards iacluding contracts and purchase orders for work or products under federal award. 1"Or PUTPOSCS Of this SeCHOIE (1) "Produced in tfie United States" means, for iron, and steel products, that all manUftlCtUll'Ing Processes, from the initial rrieltinIg stage through the application of coatings, occurred in the United States, (2), "Manuftictured PI-OCILIUS" nicans items and constiuction materials composcd iuL whole or 'III part of non-feri-ores metals such as aluininum; plastics and polymer- based products such as polyvinyl chloride tribe; aggi-egates such as concrete; glass, including optical fiber; and luniber, 54.10 Americans willb Disa 1)i1i ties Act of 1990,,as,aniended (AD A). The CONTRACTOR will comply with all the reqUirements as imposed by the ADA, the regulations of the Federal government issuied thereunder, and the assurance by the CONTRACTOR pursuant thereto. 54.11, Disid antagedl Business Enterprise P MI-.G V (DBE) oliev and Obligation. It, Is the policy of the COUNTY that DBEs, as defined in 491 CRR, Part 26, as amended, shall have the opportunity to pai-t I el pate in the perflorniance olfcontracts financed in whole or in part will) COUN-17Y funds under this Agreement, The DBE requirements of applicable fcdcral and state laws and I'CgUlatioas apply to this Agreement The COUNTY amid its CION,rRACTOR.agree to ensure that DB Us have the OPPOrtUrlity to participate in the performance o-f this Agreemeiit. In this regard, all recipients and contractors sh,:fll to all necessary and reasonable steps in accordance with 2 CYR. § 20:0.321(as set forth in detait below), applicablefederal and state laws and regulations to ensure that. the DBE's have the Opportunity to,compete for and perform contracts. The (.(XJ'NTY and 32 Siemens Agreement—Effective Olctobcr 1,2021 1530 the CONTR Aul-OR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in th.e award and perBormance of contracts,. entered JlUmiant to this Agreement. 2 C..Vjt § 200.32,1 CON,rRA(.,"l'IN(,j WITH SMALL A-M.) MNO[ul'Y BUSf E LS ES WOMEN'S B'[-JSINF,,S,'-', LE'N! ERPFUSES AND LABOR SURPLUS AREA FIRMS A. If the CONTRA( TOR, with the funds authorized by this Agreement, seeks to subcontiact goods or servi.ccs, then, in accordaticewith 2 C.F.R. §200 32 1, the C,ON'l I R.AC'[1 OR shall take the following affirmative steps to assure that minority businesses, wotricii's business enterprises, and labor SUrplus area firms,are used,w, henever pacassible.. 1.3,, Affin-malive steps must include: (1) Placing qualified small and minority bUSiTICsses and women's business enterprises on solicitation :lists; (2) AssufingLn that synall and minority hUsinesses, and wo.men's busincss enterprises are solicited wfienever they are potential sources; (3) l")i vid ing total requi remenk, when economically fcasiblc, into smaller tasks or quantities to permit maxiML1111 participation by snialland rninority businesses, and women's business enterpilses; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and ass is tance, of Such organi�ations as the Small Business Administration and the Minority Business I.Xvelopnient Agency of the Departincift of C,omnierce; (6) ReqUiritIg the Prime contractor, if subcontracts are to be let,to take the affirmative steps listed in paragraph (1) through (5) of this section. OTHER FEDE1W, AND/OR FEMA RE'QUIREMENTS (as applicable) 54.12 Access to Records. Coiiii-actoi/(,oiisult,,:Iiit and fficir successors, (ramfierecs, assignees, and subcontractors aclmowledge and agree to comply with applicable provisions governing the Department offlorneland Security (Dl-1 ) and the Federal Emergency Management Agency's (FEMA) access to records, acco-unts, dOCUrnents, information, facilities, and staff (,oiiti°act:(.)i:-s/(.".otisultaiits must: (1) C",00perate with any Compliance review or complaint investigation conducted by DTIS; (2) Give DIIS access to and the right to examinc and copy records, accounts, and other docunients and sources of inforniation related to the grant and 33 Sicniciis Agreenaent P"Meedve October 1,2021 1531 permit access to facilities,personnel,and other individuals and int"orniation as may be necessary, as required by DIIS regulations and other applicable laws or program guidance; (3) Submit timely, complete, and accurate reports to the appropriateINIS officials and n'taintain appropriate backup docunientati011 to SUPPOl't the reports. 54.13 MIS Seal, 1.,ogjo, and Flags, CONTRACTOR shall not use the I.Department ofHorneland Security s,cal(s,), logos, crests, or reproduction of flags or likenesses, cif ,DIIS agency officials without specific FEMA pre- approval. The CONTRACTOR shall include this provision in any subcontracts. 54.14 Changes to Contract. The CONTRACTOR understands and agrees that any cost resulting,ing from a change or modification, , change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the COUNTY and CONTRACTOR. 54.15 Compliance Avith Federal Law, ReLyulations, and Executive Orders. This is an acknowledgement that FEMA financial assistance may be used (,o fund all or as portion of the contract. The CONTRACTOR will corliply wilt all applicable Gederal law, I-CgUtations, CXOCUtiVe Orders, FEMA policies, procedures, and directives. 54.16 No O,blif,,ation by Federal Government. The Federal Government is not a parly to this contract and is nol subject to any obligations or liabilities to the COUNTY/non-Federal entity, contractor, oi, any other party pcilaining to any matter resulting from the contract. 54.17 lama rang Fraud and False or Fraudulent Statements or Related Acts The CONTRAGFOR acknowledges that 31 U.S.C. Chap� 38 (Administrative Remedies for False Clairns and Staterricnts) applies to the Contractor's actions pertaining to,this, contract. 54.18 P,-verity System — 'rite Contractor shall utilize the US Departiricni, of IlornelandSecurity's E-Verify system ter lverily tlicciiip:loytiiciit,eligibilily of all new employees hired by tile C'ontractor during the term of the C',ontract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the II& Department of Homeland Security's E-Verif system to verify the eniploynient etigib,ility of all new employees hired by the subcontractor 34 Siemens Agreement--Effectivc October t,20:21 1532 during the Contract terin, 54.19 If this Agreement is funded by the Florida Department of Emergency Management(Fl.)EM),the C.UNTRACTOR will be bound by the ternis and conditions of any applicable Federally-.Funded Sub-Award and Grant Agreemient between the (,,ounty and the Florida Division of Eniergency Mzuiage,ment(Division). 54.20 If applicable, the CONTI�ACTOR shall hold flic Division and County harmless against all. clainis of whatever nature arising out of the (.1 lonlractor's peribi-marice of work Linder this Agreement, to the extent allowed atid required by law, 55�. UNCONTRO.LLABLE CIRCUrMSTANCE Any delay orl'ailure ofeither Party to perforin its obligations under this Agreemelit will be excusc(I to the extent thai. the delay or failolre was caused directly by an event beyond sucti Party's control, without such Party's flault or negligence and that by its .natuire could riol, have been foreseen by SUCII Party Or, if it Could have been foreseen, was unavoidable: (a), acts of(iod; (b) flood, fire, earthquake, explosion, tropical storrn, lturricaric or otlier declared emergency in the geographic arclir of the project; (c) war, invasion, hostilities (whether war- is declared or not), terrorist threats or acts, riot, or other civil U111-CS4 In the geographic area of the Project; (d) government order or law, in the geograplue area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreei,nent; (f) action by any governs-neiltal authority prohibiting work. ii) the geographic area of the Project;(cach, a "Uncontrollable (..,ircunistance"), CONTRACTOR'S financial inability to perform, changes in cost or availability of' materials, components, or services, market conditions,or SUpplier actions or co.)ntract disputes will not excuse 1,m-ffirmance by Contractor under Oil's Section, Contractor shall give County written notice within, 7 days of any event.or circumstance that is reasonably I ikely to result in an Uncontrotlable Circumstance, and the anticipated dL1rafi4.-)n of Such Uncontrollable Contractor shall use all diligent efforts I.() end the Uncontrollable Circumstance, ensure that the 61'ects of any Uncontrollable Circunistance are mininlized and resume toll performance under this Agreenlent. The County will not pay additional cost as a result of an Uncontrollable Circurnstance. 'rhe Contractor inay only seek, a no cost Change Order for such reasonable time as the Owners Representative may determine, 56. ENTIRE AGREEM ENT This'his writing embodies the entire agreement and. understanding between the parties herefo, and there are no other agreen'ients and understandings, oral or written, with reference to the subject triatter hereof that tire not merged herein and superseded hereby. Any aniendnient to this Agreement shall, be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. 35 Sicifflem Agrcemerit—Iffective October 1,2021 1533 57. FINAll., UNDERSTANDING This Agrccnient is the parties' tinal mutual tin derstandi ng, It replaces a-iiy earlier ag,rccments or understandings, whethcr written or oral, This Agi-ccment Cannot be modified or replaced except by another written and signed agreement. 58. WAIVER OF CLAIM FOR CONSEQUENTIA1,DAMAGES NOTWITHSTANDIN(i ANY"I"HUNG fN THIS AGREEMENT TO THE CONTRARY,Nurifrt-R (-'OIJNTY NOR C"ONTRACT'OR SlfALL, BE LIABLE, WI-JETHER BASED IN CONTRACT, WARR.AN"l'Y, TORT (INC I J-1)DING Nf7,,GL1GI-,.NCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER. LEC',AL OR. EQIJITABLE THEORY FOR ANY wn OF INDIRECT, SKI CIAI..,, PUNITIVE,INCIDENTAL, OR CONSEQt..JEN'FlAt...,'.I)IAMA('IES OR FORS ANY ouIERLOSS, OR COST Of' A SIMILAR,TYIIE, [REMAINDER OF PAGE INTEN't'JONALLY LEFT B1.,ANKj jSfGNA'fURE PAGE TO F01A,0WJ 36 Sieniens Agreement—[:ffective Oc Lober 1,2021 1534 W WITNESS WHEREOF, COUNTY-,,,and CONTRACTOR heieta have 'executed this. :., Agreement,on the d ay and.date first writicn above-in two (2)°coui tetpaits;;each-.of which:sha11, without'r6of of accdunting f0',the other counte>'di�ts; be delo an.oiigtnal contract. 1 23 _ BOARD OF COUNTY'COMMISSIONERS. 10 VIN MADOE,CLERIC OF MONROE COUNTY,FLORIDA- As eputy Cle o . Da.t.e:—,Y 120 J Z6ZZ Witnesses for-CONTRACTOR: CONTRACTOR: SIEMENS INPU,$g7 INC:I Dulaney Digitally signed fiy Dulaney Brian b104yslgned bysummcdn)rHoward ON serlalhlumber=Z002CM1X, Sum rn.O . n J r pN se/ialNumBcroZOOtgxQZ givenName=Brian,sn--Dulaney; glvenNammHo vard ui=5,jau*ieilin Jr, o=Siem ens,cn Dulaney Brian t7 f lO ,ard .n sltmens,cn=su_6tlnliHoward Brian Date:2022.04 121436iO3-_D5'0D' By _ MiZ-04.121412s7-04pa Signature,6f-person auth sized to Signature legally,bind Coippration Brim,Dulaney, ,Date: :H.-J'oe-Summer lin,, Branch FBA Manager Branch-.Gene"ral Manage Date. PiiiitNanle. ,Print-NaraeandTitle signatuze Mangi'eri .Ogaay dr{ndejl.GigNd louann LauAnn 01am4.la 1l'ailn�'o:5kmrra, I.buam milr9kd5�''i'emagmn Date Print=Name 1ij - I;j Lt MONROE'COUNTY ATrORNEY'S OFFICE vEDASTO'•o PA-MICIA FABLES - ASSfSTANT. OIfNrYAT70RtJEY DATE:. 41 t/2022 - 37 Siemens:Agreement.=Effective October..1,2021 1535 EXHIBIT 44A" SCOPE OF SERVICES 38 Siemens Agreement t -Efffedi e Ocn.oba I,2021 1536 EXHIBIT "A" SCOPE OF SERVICES 1. DESCRITTION OF SERVICES The Scope of Services ("Set-vices") set forth in. this Agreement as Exhibit "A", herein are specifically designed by SIFM'FNS for Monroe CoLuity and Ilie Services provided shall support Monroe County ill achieving its, goals For cash identified Facility. SIEMENS will provide Services to inclUde, but not linfited to the following: a) System l"erforniance Monitoring—Automation; b) CIOUdOps Advance; c) BACnet Networ]( Analysis License; d) DACnet Network Analysis; e) Preventive Maintenance Automation; 0 Software Maintenance; g) Software Subscription Service — Desigo, CC; It) Auto n-iation Health Report; i) 0perator Co,.iching; j) Preventive Maintenance -- Pneuma,tic Controls; k) Fire Alarm Battery Testing Serni-Annual-I 1) Test and Inspection -. I`irc Alami System Annual; n,i) Visual Inspection of Fire Alarm Systetn, Semi-Annual; n) Smoke Evacuation Systern Testing; an(] o) FEAR SysteniTesfing, as more particularly described herein. It. FACILITIES COVEREM UNDER THIS AGIIEEMENT S1EMI'NS will provide Services, as specifically delineated within this Scope of Services, to the below COUNTY facilities. These (facility locations may be ainended, from tirne to time throughout the term.of this Agreement. The facilities are as follows� a, Monroe County Detention(..."enter, 550 t CollepZDe Road, Stock Island, Key West, FL 33040 b Monroe Cc)unty Sheriff- s Administration Building, 5525 College Road, Key West, Fl, 33040 C. Monroe COU11ty Juvenile Jr stice Building, 5503 College Road, Key West, FL 33040 ct Gato Building, I 100 Simonton Street, Key West, FL 33040 C. Jackson Square Key West Courthousc Annex, 502 Whitchead Street,Key West,FL 33040 r Historic C(All-th011se, 500 Whilchead Strect, Key West, FL. 33040 9 Jefferson B. Browne Building W, 500 hiteh ead Street, Key West, FL 33040 zn 11 Lester Building, 530 Whitehead Street, .Kcy West, FL 33040 i Freeman Justice Center, 302 Fleming Street:, Key West, FL 33040 J Harvey Goverr.m.'ient Center, 1.20O Trunian Avenue, Key West, FT 33040 L M0111-0C COLHuy Government Center (Marathon), 2978 Overseas Highway, Marathon, YL 33050 1, Medical Exaniiner's 'Building, 56639 Overseas, Highway, Crawl Key, Marathon, FL 33050 M. Plantation Key Detention CenlCl:' and C'OL,111110118'0, 88770 0verser.as Highway, Tavernier, FL 33070, Siemens Agmcment---Effectivc October 1,2021 1537 11. Urray Nelson Goveimment Center, 102050 Overseas Highway, Key Largo, FL 33037 111. BUILDING SERVICES —AUTOMATION Through the Siemens Building Autornation Services, Sll-.,.,"ME'NS will provide the following services: 1) Digital Services, 21) Manage Systern, Operation and Con'Thance 3) Protect Lifecycle (nvestment 4) Optirnize Performance and Productivity A. DIC03TAL SEIIVICES: 1, CloudOps Automation Advanced The CONTRACTOR will utilize data-driven analytics to test the operational performance of` selected systems and ensure (hat, critical filUltS are, aac dressed by its remote scrvices, tearer whenever possible, This is achieved througb tile application of data analytics, intended to identify issues and as prioritization of' faults based up on. their itlipact on the COIJNTY'S operations and equipillent. Using Fault Detection and Diagnosis ("FIDD"), the CONT'RAC—FOR will assess the overall performance, of the COUN'FY systems while assisting in the trOLj bleshooti rig of recurring intermittent issues. By rising FDD, this will provide quicker response time to correct faults affecting(lie overall performance of the COUNTY systems. The CONTRACTOR will leverage remote service specialists to either resolve issues rapidly or to provide a branch technician with the results of their initial, troubleshooting, in order to reduce the time it will take to make repairs when an on-site professional is required. On any systems, equipnient, and. spaces that are included in the Scope of Services, (lie CC)NTRACTOR. will analyze those remotely and provide periodic reports, helping to improve system reliability, enabling focused maintenance activities, and helping per resolution of pending faults. 1'aLIFIlICI-11101-C, any critical faults will be routed to as remote service specialist for troubleshooting and resolution. SH!"MEN'S may thus be able to identify a critical fliult, even bel.'ore COUNI"Y staff, and begin work to correct the iSSUC. In utilizing the Digital Services, CONTRACTOR will establish key perforinance indicat,ors ("KPIs") aligned With the COUN't-Y equipment, 40 Siemens Agreenmit--Effective October 1,202 1, 1538 sp,,xes, and boa k Any fCSL11tS Will be documeated by CON"I`R.A(,`T`0R and shared through Navigator"I'm and other COUNT'Y reporting platforms at the freqLICnCyspecified in the Maintained EqUillflient Table, attached hereto as Appendix "A" atid made a part hereof. hi order to, access Cloud,Ops Advanced, [lie COUNT`_Y shall mlain(a.iti cR.SPaTi(t Navigatol:"m. 2. Cloud0j)s AIDVANCE EQ1U1.PMEN`F TABI,E (APPROXENIAl'E) 'T'he equipment shown below located at the listed facilities will be reviewed and a report generated by the CON11-tACTOR as follows: Fault Review Frequency- Monthly Report.i.iig Frequeiicy: Quartei1y .......................... ..................__.__....................... S,YSI'EM DESCRIP1710N QUANTrry (# UNFTS) .......................... MONROE C0 `UNT`Y Desigo (.11C, VARIABLE AIR VOLUME 20 DETEWICIN CENT`ER (VAV) W111-IOUT' FlEAT� (ST'OCK. ,lSLANI)) ................................................... ...................................... MONROE COUNTY Desigo C(.,' VAV Wl"I'l-i ELECTR IC 5 DETEN'rION CEN'FER IIEA"r (STOCK [St., _................. .................. .....L ......................... .. MONROE,CO-UNI'Y' Deli,(..0 VAV WITH FAN & 9 DFTEN,r1ON'CENT`f7R Ei...r1c1"R.IC HEAT (ST0CX TSLAND): MONR(.)E COUNTY Desig(.) C(..,' CONS[' NT VOLUME W1111 14 DE,7ENTION CEN'"I"'ER ELECTRIC HEIAT' .............. ..................................................... ....... 29 MONROE COUNW Desigo CC FAN COII.., ANTIS D 0 ETEN'1`11N CN TER zn E AIR 11ANDLING t-W"I'S I I _�STOCK ISLAND) — 7777-t7777=- SHERIFF'S ADMINIST`RAT`ION Desigo CC VAN WITHOUTHEA1' 27 BUE-DING AIR HANDLING UNrrs I MONROE CO'UN'J"Y J'LJVENII,F, T 5csigo cc VAV WIH FAN & 31, JUSTICE BIJILDIN(i ELECTRIC' HEAT A Ili HA'M)L ING UN 1"IS 4 -———--—__- ......... ............ .............. PLAN'J'ATIONKEY Desigo CC VAV WITH FAN & 8 DETENT'ION HEAT CENI'ER AIR HANDLING UNITS mm I ................ RT`U ............................... .. ........................... ............. PLANTA110N KEY Desigo CC VAV l"I'll' F 36 COURTTJOUSE ELEC'IR IC II EAT' 4.1 Sienmis A grecawnt Effedive October 1,202 1 1539 ............................................................... . .........................._ �._ m -—— -------------------------------------- AM 11ANDLING U-NiTs 5 RTU ........................................................... .................... MONROE ('10LINTY Design CC VX N_' _1`111 TAN— 22 GOVERN-MENTCENTER ELECTRIC HEAT _(MAf�,ATH0N)_____ AIR HANDLING UNITS 3 MEDICAL EXAMINERS Tranc VAV WITH FAN 7 BUILD'ING ELECI'Rl(.", HEA'r AIR HAN-DLING UNITS 4 ........... .......................................................-..... ..................-__11-11-......................... ...... G ATO 13 U 11,DING Traiie VAV WITH FAN 18 ELECTMCIIEAT AIR HANDLIN(31 LWITS & I I FCTJ Ci ................_............ ..................... ...................................... JACKSON SQUAR-E, KEY WEST Alerton VAV WITH FAN & 80 COURTHOLNE ANNEX ELECTRIC HEAT AIR HANI)LING UNITS 53 MURRAY NELSON Delta VAV WITH F,AN & _�9 GOVERNMENTCENTER, EL,E(_,TRI('. HEAT AIR HANI)LINGUNI'rs 6 ............... ......................- TARVF',Y GOVI"IRNMENT Johilsol"i VAV WITH FA,—Ni Ser 2 3 (.,'ENTER ELECTRIC HEAT AIR IIANDI..,ING UNI PS 5 .................................. 31. Cloud0ps-Mechanical Building mechanical systems deviate flron",i their intended design over lime, ffius resulting in decreased performance and reliability, FUrther, as digital techriologics cvolve, building owiiers an.cl operators approach system n'taititertance 'Lis i ng improved data analytics, to drive operational efficiencies. Traditionally, the more com,rno.ri approaches to set-vice maintenance have been either a reactive(.it,a preventive ni,easure. (.,'IoudOps Mechanical is built around the Reliability Cemered MahAciiaricc n'todel ("RCM"), This RCM model will Use a structured approach of reviewing the systems and cornponents to, select and apply the most appropriate of mainteiiance strategies for eacli asset iri a C'OUnty RlCility. The result is a triore proactive and effective nmintenance program. By utilizing as cond i 1i oti-based approach, the (.'OUNTY a,nd the CON'rIzACTOR will service the equipment based on its condition and a set of predefincd per6orniaiice parameters. The CloudOps Mechanical service willl not only identify critical. issues before they become a. problem, but will also help prioritizc noii-urgent faults and avoid the endless cycle of reacting to emergencies. CloudOps Mechanical will use FD'[-)to unploy a rules-hased analysis of system performance, By Using four (4) levels of fault priority, each faull level will 42 Siemens A grceni.ont—Effective Octobcr 1,2027 1540 correspond to a different phase in the failure probability curve. The levels will range fi-on-t Level 1, norinal opera.Uon, with minor issues that can be corrected b-Lit have low urgency;Level 2,early warning,with moriths before failure; Level 3, high priority, with weeks before filil.W-C- Lip to as Level 4, critical, with fildUrC imminent, or ongoing, %Alliere SfEMENS will reconimend prompt remedial action, On Level 4 critical CaUlts, responses will bcj),ursuant to the procedures, defined in a fully executed Cloud0l)s Point List and InStrUctions document to be fjn�,flized by the CON'"rRACTOR and C,'OUNTY ('61lowing executioti oft i;s Agreen-recut and updated after installation of any additional sensors or uAcgrations as needed. The CloudOps Point List and hiStrUC1,10FIS CIOCU111C.111 will be as customized document which details the notification and I-eSOILItion process for the C'OUNTY's Monitored Equiptrient, By utilizing the above approach, SIEMENS can provide a consistent analysis of equipment performance by utilizing it skilled rernote service specialists, to either resolve issues rapidly or to provide as C'OUNTY teelmician / mcchaiiie with the results oftlicir initial troubleshooting, Any on-site repairs that may beconic uiecessary may be SUl�ject to additional f'ecg as otittined further in Appendix "B" to this Agreenient. The CONI"RACT(:yR 'will additionaLly deliver scheduled reports on established KPI's as shown below four (4) times per year: • Critical Systeni Uptin-ie Percentage • Historical Fault, Cornparison by Period • Overall Systcni, Fatilts I)y Criticality • Status of Critical Faults • Top Rccurritig Fa,UICS • Fault Prioritization Summary • Detailed Fault Reportiiig • Space Condition Monitoring within Acceptable Lirnits 4. ClouclOps, MECHANIC."Al, EQUIPMENT TABLE The cquipinei,it,shown below located al, the listed fiicilitics will be reviewed and a report generated by the CON"I"RAC"YOR. as fifllows: �n Fault Review FreqUerICY.' MOII(Illy Reporting Frequency- Quarterly ...................... .............................. .............. ..........-....... Site Chillers Sheriff's Adt-ninistration 1 2 ...................... ............... ------- 43 Sicniens Agreement..-[,Xfecfiw Oetobeu- 1,202� 1541 Monroe Detention Center) 2 4 Stock Wand Plantation Monroe Detention Center, 6-RT(J 6- RTU Juvenile Ristice 2 4 Medical, Examiner 1 2 Marathon Govt. Center j 1 2 ............................ Murray Nelson Govt. 2 4 Center -11111--n�........................................... l.................................11--............... ............................................................................. Hai-ve COV � Centel- 1, 2 Y- -"— . .............. J-ackson S�q 2 (JaW, 130ildillg _L2- 4L_� 5. Clott(10ps, MEC14ANICAL (EXCLUSIONS) "rhe CloudOps Mechanical officring will identify the specific 1,eve[ 1-4 faults defined herein on the Monitored Equipment, "Fo acc-urately report faults, appropriate sensms and integrations are required, Based on the instrumentation at. CUrrcnt COUNTY facilities, the CONTRACTOR may be unable to test for certain Caults such as those listed below.- a. Ret'rigerant Lcak, Suspected - Integration to refrigerant, monitor b [;hiller Surge C,ondition--Amp Meter or Chiller Panel integration required e. Excessive Boiler Makeup -Makeup Water Meter required. 6. Clott(10113s MFC1 tANICAL (CI-ARIF1CATION) The following ekirifications 11-e inClUded: a, e'RSP reraote, connee6vity and data integration to the Sieinetis 'Navigator platform, will be inClUded as part of this Agreement, b. When C1OUdOpS Mechanical identifies Level 4 critical iSSUeS fOr monitored equipment, the SIEMENS rernote service specialist will begin to triage the fault and hand it off to an onsite technician if' necessary. e J'his CloudOps Mechanical service offering does not create an obligation of'Siemens, to perform any on-site repairs. SIEMENSinusi: provide Monroe County with a detailed proposal for review and approval prior to commencing any on-site activities, 44 Siemens Agrecaient HIffective October 1,2021 1542 d, UN/el 4 Critical Faults will trigger as response from Siemens as clefined in the fully executed CloudOps Point List and Instriictions docinnent. The Sieniens service coordinator will dispatch t'Or I'CSOILIti011 Of Contact the COUNTY for direction J)UrSuant to the procedures defined in the C'.1oudOps, Poirot List and Instructions document. 7. System Performance Monitoring Through System Perlortnance Monitoring, the Siernens Digital Service Center remotely monitors the Building Autornation Systeni's perforinance 24 hours per clay, 365 days per year. Monitored systerns include: a. T.Jp to 10O Critical Points and alarnls� Unlit violation alarm- Monitoring of operation.al parameters (e.g. temperatUre, air quality, humidit,y L� . ; Equipment, sensor failures); Detect usage changes (e, Ig nianual operation niode); Monitoring of' Frequency of events (event cluster). b. In the event of an alarm condition at arvy or the designated monitored points or in fras true lure, System Perforn-mcc Monitoring initiates the alarm aarnd, associated response instruction to the Sienierls Digital Service C.ent.cr, When at) alarm is received, sierilens specialists implenient as customer sj)ecific response process. c. SIEMENS will iniplement the required software protocols and service technology to eriable perf'onnance of this service. The number of points and infrast'niCtUre to be monitored and managed shafl be iternized in the 100 (-'ritieal Points List and Provided it) the COUNTY and shall be updated as appropriate throughout the term ofthis Agi-eenlent. d. This service supplements COUN'ry,s staff in monitoring each facility with a f6eits, oil conditions that if not quickly WCOgnized. and resolved, COUICI possibly rcsuli. in significant darnage to any particular Cacility and/or cause potential intcrmption of business. J'his service: by SIEMENS is not a, guarantee against dainagc or bUSHICSS i FACITUpt I Oil Froin these conditions and does not insure against the saille occurring iii the future, Instead, this scrvice will help to provide problein detection and also to enable a timely response by the CO[JNTY's facility sulffi The Systetyi Performance Monitoring platforlil uptime target is .ninety- seven percent (97%) oil an annual basis with an expectation of no more than three percent (31YO) non-planned downtime, 45 Sicimens Agicentent- Effective October 1, 2021 1543 e. The 100 Critical, Points will be identifited and a list con paned by Monroe COU11ty with the help of Siernens at as future date, but no later than sixty (60) days after this Agreement is approved by the Board of County Commissioners, The 100 Critical Points list will be subJect to change periodically d1r0UghOLJt the tcrn:i of this Agreement. SIEMENS and COUN'r,y staff will review ffie 100 Critical Points list on an annual basis on [lie an.niversary date of the Agrcernent, or sooner if'necessary, for any SUggested, modifications or updales. Any updated 100 Critical Points List shall be i.nipternented and provided to the COUNTY within sera (10) clays ofany agreed modification. This service will supplenient the COUNTY's staff in inonitoring each facility with a focus on conditions that if not quickly recognized and resolved,could possibly resuitt in significant chimage to as facility andh.)r cause potential interruption of business. This service shall also hell) to provide problem detection and to enable as timely response by the (!OUNTY's fiacifity staff'. B. MANAGE SYSTEM OPERATION AND COMPLIANCE L Autoniation Health Report An Automation, Health Report ("Repoft") will provide a, complete view of the AUtOn,iahoti systeni, This shall mclude Asset Mamagement with equiptnent firm-ware to em."Ure tile COUNTY system is up to date with a sumniary of the panels and floor level equipment installed at cach flicility. The Report sluallalso provide a sumnnmry of the top alarms and fi-eqUCTICY Of the last 30 clays, 60 days, Or 90, days. 2. Preventative Maintenance — Automation Slf..�'.MENS will provide preventive rnaititenance in accoix.lance with. a prograni Of r0L1tjt1eS as deLerniined by its experience, eqUIP111ent application, Qamn.cp locaiori. All Internet Protocol ('1P") Or Buildirig level controllers are inelucled in than service for listed fiacitihes. 'Flus service will he in in year two ofthis At. 1 Preventative Maintenance— Pnemnatic Controls Pneurnatic controls can drift out of calibmtion, with changes in mechanical component perforniance, building use, and clin�i.atic conditions, SIEMENS will provide prevenuative -maintenance in accordance with as program of standard routines that include calibration as determined by its experience, 46 Sionens,Agreement -Effective:October 1,2021 1544 equipment applicatkm, and location. The equipment included under this service are the IIV.A(,,' controls at the Monroe County Detention, Center and Dept. of'Juvenfle Justice facility. 4. Software Maintenatice Using approp6ate tools fi-om S111.11MENS' SL,'IitC of diagnostic wols, SIEMENS will periodically pci-form system diagnostics and then take corrective actions to ensure that the Building Autornation System is perforn,iiiig, at peak efficiency or to(.,'0 UN'ry requiretnents. SIEMENS will make sure that software changes are clear and consistent, address, any ["ailed points,points in alarni, points in operator priority, and take corrective action. SIEMENS will identify and correct software corrUlItiOn and inconsistencies; eliminate duplicate points, redundant loops and causes of unnecessary traffic; and adc.1ress unresolved points and alarm reporting, problerns. This will b:e done to ensure that the systcrii operates quickly, aCCU,ra(efy, and el"filciently as originally designed and installed Or as detcruifilied by CMI-Cut standards orreqUirenic.tits. C. PROTEC",r UAFECYCLE INVESTMEN' Software Subscii-iptioii Service - Desigo C(,,' SIENTENS will provide COUNTY with software upgrades to its existing Siernens Desigo CC, software as upgrades Marc released, These upgrades, include bod-i Service Releases and all New Version Releases ofSoftwarc. SIEMENS will also provide corresponding support: documentatioll OUttillilIg the features 01' the releases. ITICILICIC(I 1.11 this SCI-ViCC is OJISitc fortrial tnaining w help Tian-uliarize COUNTY staff with the riew features along with [heir associated benefits, The upgrades will act to deliver the benel'its of SIEMFINS' cornmi(ment, to con,iPatibility by design. Upgrades to PC's and relitted workstation hardware are excluded. D. OPTIMIZE PERFORMANCE & PRODUCTIVfTY 1.. BACitet""11 Nctwoi-li Aiialysis Using a combination of proprietary diagnostic technologies and network analysis software, SIEMENS will ani.flyze, and rcport on the performance of Monroe County's, BACna networks as I-11irlirnUrn Of f(Air (4) tinies per year or any other specified number of limes per year as agreed upon between (,he C(-')NTRA(,,',T0R, and COUNTY, Proper BACnct network performance helps to ensure the highest speed of corn murn cation and accuracy of control, 47 SiciiiemisAgi-eciiient—1,...'t'fecti\Neoct<,rb,cr 1,2021 1545 alarining, and reporting across the facility. Using BACnet network diagnostic and analytic tools, SIEMENS l.)r(,.)a.ctJve evaluation oftho BAC.nct data network shall include an analysis of bandwidth, disturbances, network traffic, conim,unication over tile iietwmk, iiiiscotilligurations, conflicts, sub-optinial setup, and overall operation, SIEMENS will also make rcconimendations on changes to the BACnet network infrastructure if Structural limitations are identifited during the analySk ThC number (..)f networks, to be analyzed and the frequency of [tic service are documented in the Maintained ECIL6priient Table (see Appendix A), SIEMENS BACnet equipment and third party BBC net equipment is included in this analysis if it is connected oil tile same network and is visible froin the point of connection.. 2. lie -attarCoaching Through individual Operator Coaching, SIEMENS will review and reint"circe learned skills, leading to greater operator knowledge and productivity, SIEMENS will assist cou"N'ry operators in identifying, verifying, and resolving probletris found in executing tasks. During the coaching sessions, SIEMENS caan add-t-ess logbook issues, assist COUNTY operators in, becoming rricire self-sufficient, and improve (tie skill's of COUNTY operators to better meet the needs of the fticility and their specific ,job responsibilities. This will prornotc better utilization of systems and applications inipleniented in each County facility. Udder t1iis, Agreernent, SIEMENS, shall provide up to eight (8) hours ct-mehing annually, which will be conducted on normal business days and hours, during seliedWed visits. SIEMENS shall provide a quarterly report on the total trurnber of coaching tiours conducted 4-,`or the year, which shall include the date of training and (tic tiarne of array County staff attending Such training, E. EMERGECNY RESPONSE T.tME UTOMATION I- Emergency Onfine/Phone Response-- Billable Service Online system and software troubleshooting, and diagnostics and phone SLIPPOA Will not be provided Under the coverage of this Agreement. SIEMENS will respond to Monroe County's request ft')r emergency online/phone support, 24 Hours per Day, excluding holidays, upon receiving; notificatiori of an eatcrgeticy, as deternlined by CO(..JN'FY staff and SIEMENS, but all service perfornied wilt be provided as as billable set-vice. If remote diagnostics cletermitic as site visit, is required to resolve the problena� a technician can be dispatched, Depending on Monroe 48 Siemens Agreenflent—PATective October 1,2021 1546 County's contract. co,verage, the ran-site dispatch will lie coven.xI or will be a billable service. 1 Einergency On-site Response—Billable Service 1-H,mergency Can site Response is not included within the coverage of' this Agreement, SIEMENS will respond to Monroe County's requcs,t (-or eniergency on-site service as ,,,00n as C OUN]I Y Staff is, ava'I lable. An einergency is determined by COUNTY staff and SIEMENS. All service performed will be provided as at billable sci-vice. SIEMENS will respond to Mc'mroe Cc unty's request for ernergency on--site: support within four (4) hours,twenty-four (24) hours per day, seven (7) days a week, excluding holidays, upon receiving notification of an emergency, as deterrilined by COUNTY staff and SIEMENS, but all service perforined will be provided as a billable service. If" Sll;M,ENS is unable C.o provide emergency on-site support within four (4) hours ot' notification fOr SCINICC, it DIUSt provide arty explanation for away further delay. nic CONTRACTOR shall provide a contact person to ensure twenty-four(24) hour service. IV. 1BUII.,I)ING SERVICTS--FIRE ,Through the Siemens Building Fire Services, CONTRACTOR will provide its services to Manage System Operations and Compliance in accordarice with the laws, rUtCS, and regulations of the authority oi- authorities having jLU-isdiction and the National Fire Prolection, Association (NIT A) stand-ards, A list of equipment covered, along with, testing frequencies, is found in the Maintained Equipnwnt Table, set foith in Appendix. "A", attached hereto and made a part hereof. A, SITES WITH FIRE SYSTEMTESTlNG AND FIRE SYSTEM DEVICES FTR BUILDING (APPROXIMATE) MONROE C0LJN,rY DETENTION CENTER.—SIEMENS, FireFinder CI S Smoke Detectors 297 Heat Detectors 3,8 Duct Detectors (Smoke & Heat) 212 Manualllull Stations 29 Tamper Switches, 29 Flow Switches 13 MONROE COUN1 I Y SHETUF"I"S AIWIN BUILDING -SIEMENS SYSTEM Smoke Detectors 23 Heat Detectors 7 Duct 'Detectors (Smoke) 3 49 Sicinens Agreenictit Effective October 1, 2021 1547 Manual Pull Switches 6 Tamper Switches 5 Flow Switches 5 MONROE COUNTY CQURTHOUSE ANNEX —ESTSYSTEM JRC'-3 Panel I Pull Stations 18 Ion Detectors 75 Photo Detectors 5 Duct Detector Modules 7 Thermal Detectors 9 Water F,low M odu I es 4 SUpervisory Valve ModLTICS 9 COntfOl MOCILIIeS (AHL] Si,it,itdo�ivii, 'Elevatoi lt.ecall) 10 Main Controlter I Remote Zone Module I Zone Addressable System Card 2 MONROE Q0'UNTYjU,.VEN[LE JUSTICE BUILDING—EST SYSTEM Photo SmIolIcc Duel. Detectors 12 Ion Smoke'Detectors I Photo Smolw Detectors 96 Heat Detectors 17 Water Florw Switches 4 Pull Stations, 15 B. SPECIFICATU)N'S--'['ESI'TNG, (TRITICATION, AND MAINTENANCT t.,0CA,ri0NS: Monroe County Detention Center 5501 College Road Stock Island, Key West, FL 040 Monroe County Detention Center 88,770 Overseas Hwy. Tavernier, Fl.,33050 SherifPs Adn'flnistration Buildincy tl 55,25 College Road Stock Island, Key West, FL 330140 sys,'nm: Fire Allarm Systen-t - SIEMENS 'flue CONTRACTOR shall furriish null labor, nmtcrial, equip"nent, and documentation to,comply with the authority or autfiorities havingjUVisdiction 50 Sicinens Agrcemcm—[Ifective Octobcr 1,2021 1548 for the certifieation, niaintetiance, and testing,of the Fire Alarm System,at the above-designated three (3) Locations, including bul not 11111,1ted to the following: 1, ANNUAL TEST[NO OF ALL, COMPONENT'S AS FOLLOWS. The CONTRACTOR shall conduct annual tests ofall required system conLiponents as per the latest cditiot) ofNFVA, 72H, Testing FreqUMICiCs'. 2. SEMI-ANNUALTESTINO OF ALL ('0MPONENTS AS FOLLOWS- The CONTRACTOR shall conduct serni-anTILMI tests of all required systen-1 cornponciits as per the latest.edition ol'N,F,]'A 7211, Testing Frequencies. 3. QUART E;RLY TESTING OF ALL COMPONENT SAS FOLL0,WS: The CONTRACTOR sliall conduct quarterly tests of all required systern components as per the latest edition oJ'NFPA 7211,Tcsting Frequencies. 4. SYS'I'EM MEVENTATIVE' MAIN'I'ENAN(.,E- `Fhe CONTRACTOR shal I develop and perform preventative inain'tenance in accordancc with as program of standard niairitetiance routines as deteri-nined by the manufacturer's recommendations and reviewed by the OWNER. The CONTRACTOR shall rilaintain and lest the 1ST"FlIEWORKS" Fire control system and provide and install the latest software Upgrades as, they become available. 5. CORRECTIVE MAFNTENANCE AN[) C,0MPONENTR.EPLACEMF'N`P With the OWNER's prior approval, the CX)NTRACTOR shall repair or replace failed or worn conaporients to rnalinia6i the system in peak operating condition. Upgrade equipment by systematically modernizing existing coinponctits as may be necessary. Compoiients that are SLISPCCtCd of being, f-aulty will be repaired or replaced in advance to prevent system failure. The CONTRACTOR shall provide cost estimates of such repairs or replacements for OWN ER'sapproval. Invoicing for these services shall be in accordance with [his, AgreenieiliL 6. FIRE DOOR EGRESS SYSTEM (FEAR): `I'lie CONTRACLTOR shall conduct tests as recornmended byNFPA 101, on (lie Fire Door Egress System, The CONTRAC"FOR shall test(ovell-ify Proper function of the Fire Door Egress System in response to aUtomatie activation from the fire alarm system or manual activation ftoni the system operator's console. '['his test will also verify proper operation of Fire Door Egress System override priorities and systein reset, 51 Siemens AgrccinenL—Effective Octobcr 11, 20121 1549 C. LOCATIONS: Monroe County.Detention Center 5501 College Road Stock Island, Key West, YL 3�3040 Monroe County Detention Center 88,770 Overseas l4wy Tavernier, FL 33050 SYSTEM: Smoke Control System 'The CONTRACTOR shall filli-nish all labor, material, equipi-nen(, and CIOCUrnentation to comply with the service requi remerats, of the authority or authorities having jurisdiction and NFIIA 92A for the certification, maintenance, and testing for the Monroe County Detention (,elltel"S S1110ke (.,'0Dn-0l System, at the above-designated two (2) locations, inClUdifig but not limited to the (611owing: I ANNUAL TESTING' OF ALL COMPONENTS AS FOLLOWS: a) Smoke Contro L5.ystcjjj.Acti va tion'Test: TIle CONTRACTOR shall test to verify proper function of the Smoke Controt System in response to autoniatic activation from the lire alarjn systeni or nianualactivation:from the system operator's console. "rhis test will also verity proper operation of Smoke Control System override priorities and system reset. b Smoke Control System Activation 'Fest: The CONTRACTOR shall: • Check Fireft-liter's Smoke Control Station for switch settings In auto positiol"11" • Deactivate stair tower pressurization systern • .PUIII point log and verify that the system is in the normal state. • Perl'orm nianual smoke con(rol systen-i activation priority test. After performing individual zone test, reset system. DOCUment, that system has been madc ready. Return stair tower pressurizat ion system to,act.i ve mode, * Reset smoke controt systeni and verify that,system is ready for snio](c controll. * Document findings. `Test performed per requirements set forth in the IlVACC prints for Monroe County Ddeiihon Center(.Reference Sheet 10.37). C) Ear e j MI-iter's Smirk e.................Control stagion F I'lle CONTRAC"TOR shall test to verify operation of the FSCS by placing each FSCS switch into each of' its active positions and, 52 Sietnuis Agreenient,--Effective October 1,2021 1550 observiiig the actual status or position of the corresponding SiTlok.0 control equipincrit. d) Firefighter's Smoke CoiitLt)l,,S��steni�,FSCS�C,,d�inet Teg I'he CONTRAC7170R,shall perform dic, following: 0 Check diagnostic L,E-D's, fuses and surge ti-,insient protection devices. a C.heek line cards and function cards. Check cabling and UISUIT that all, wiring and terminations are secure. 0 Check incorning AC power and INIWOr SUllply. Check power SUPply voltages,and adjust to f,5 volts if ilecessary, 0 Check the time and reset if necessary. 0 ViSLIally inspect FSCS cabinet and observe operating crivironn'teni. e) Smoke Control System Control Test per Smoke Control Zone: The CONI'RAETOR shall pert"orni the following: • Check and/or set su'uters of supply and return farts to their auto settilligs. 6, Initiate flie auto stuoke strategy frorn fire alarm systeni intetlfrice. Record all rCSLdtS on, "Si-noke Control Activatioll Test Record" 'Form. • Verify, using PT group tables or ,vild card-ing, that each piece ofstnoke control equipment has been comma tided 'per the schedule. Verify operation. Record and docunient any problems. Reset smoke control systern, EnlergencyPowei-Test: The CONTRAC71"OR shall verify operation, of smoke control system emergency power. Verify openation of each smoke control fan, damper, and air-handling unit. Verify operation of`FS(,,S under emergency power. 2,. CORRECI I IVE MAINTENANCE AND C`OMPONENT REPLACEMENT- The CONTRACTOR. shall repair or replace failed or worn comporients to maintain the systeria in peak operating, condition. [Jpgrade eqL]jplllelll by systematically modenlizirilg existing cornpoticats as inay be necessary. Comporients that are suspected of being faulty gill be repaired or replaced in advance to prevent SYSICIII fililUre. CONTRACTOR shall provide cost estimates of such repairs orrephiceniont for OWNER's approval, Invoicing for these services shall. be in accordance with this, AgreenicilL 53 SienicosAgreemcia Effcctive(..1et(,ilbci, 1,20121. 1551 D. 1"OCATIONS: Monroe Count),Com-thouse Annex 502 Whitehead Stmet Key West, IT 33040 Monroe County ,Tar venileJustice Building 5503 (",ollege Road Stock Island, Key West, H., 33040, SYSTEIM: Fire Alarm Systern -EST The CON"rRAC,TOR Qmll ftimish all labor, materials, equipment, aac.t docunientation to coniply with (lie authori[y or authorities having Jurisdiction for the certificzition, rnaintenance, and testing of the Monroe Comity Courthouse A.rinex Fire Alarm System, am the above-designat-ed two (2) locations,, iiieluding but not limited to the fcfflowing� I ANN 1-J'ALTESTING OF ALI. COMPONEN"IS AS FOJA-,,0WS: The CONTRACTOR sliall conduct annual tests of all requircd system components as'per the latest edition of NFPA 72H, Testing Freqtwncics, 1 SE,MI-,ANN-UA1.TESTING OF Aj-L(.'OMPONENTS AS FOIA.,OWS: The CONTRACTOR sliall conduct semi-amnual tests,ofall required syslem coniponents as per the latest edition of NFPA 72f4jesting Frequencies. 1 QL AIR."'Fl--�,RLY 'I'ESI-IN(,i OF AU COMPONENTS AS FOI-LOWS: The CONTRACTOR shall conduct qUarterly 9csts of all required systcni components as per the latest edition of NFPA 72H, Testing Frequencies. 4, SYSTEM PREVENTATIVE MAINTENANCE The CONTR.ACTOR shall deve[op an,d pcilbrn'i, pmventative inaititenancc in accordance with as prograkrn of standard maintenailce routines as detennined by the IMUIL&WtUrer's recommcn(lations and revimed by the O)AINER .1 5. CORRECMVE.A., MA ANT ENA'NCE AND COMPONENTREPLACEMEN"I': The CC)N'T'R-A(,,,'TO'R shall repair or replace Eafled or, woni components to maintain the system in peak operating concliti(mi. Ujigrade eclt.iiptnent by systeniaticaHy modcriiiziiig existing components as may be necessary. C,oinponent,s that are suspected of being faulty will be repaired or replaced in advance to prevcnt system failure. CONTRACTOR. sliall provide cost estitnates of such repairs or replacement for OWNER's approval. Invoicing for these servicesshaH be in accordance with this Agrecinclit, 54 Siemens Ag,recruent—Effeefive October 1,202 1 1552 K t 11 I.R,I E YSTEMS 11",�MEI.ZGENCY :RI EPSONSt,' TIMES - AUTOMAT10N I Emergency Online/Phone Response- Billable Set-vice Online systern and software troubleshooting, and diagnostics and phone supl.,)ort. will not be provided U11der the coverage of this Agreement. SIEMFNS will respond to Monroe COUnty's request for emergency online/phone support, twenty-four (24) hours per day, excluding holidays, upon receiving notification of an ernergericy, as determined by Monroe County stall' and Siemens, but. all service performed will be provided as a billable service. If reniotre diagnostics deteri-nine a site visit IS 1"cquil-ed Lo resolve the probleni, a technician can be dispatched. Depending on WrWOC COLluty',s contract coverage, the on-site dispatch will be covered or will be a billable service. 2, Emergency On-Site Response -Billable Service: Emergency On-site Response is not included within the coverage of this Agreement. Siemens will respond to M0111-0C COUnty's', request for emergency onsite service as soon as Monroe C'OL111ty Staff is available. Ali enicrgcticy is determined by your Monroe County Staff and Sierticris. All service performed will be provided as a billable, service. Slemens will respond to Monroe C.OUnty's request for emergency on-site support within. fbUr (4) 110LIrS, tWC11ty-fOUr (24.) hom,"s, per day, seven (7) clays per week, CXCILICling 1: olidays, upon receiving noldlicatior.i of an emergericy, as deterr-nincd by Monroe County staff and Siemens, but all service perf'onTicd will be provided as a billable service. If SIEMIHNS is unable to provide emergency on-site support within four (4) hours of notification R)r service, it inust provide an explatiation for any further delay. The CONTRACTOR sliall provide a contact person to ensure twenty-f"ou r(24) hour service. V. SIEMENSI SERVICES RECARDING CONTR01..,LERS OR OTHER EQUIPMENT OF THIRD PARTY VENDORS Tlie (.(')U'N'I'Y utilizes controllers and other equipment provided by third party vendors, including, but not limited to, Alerton, Delta, Johnson, and Trane. Intlie event of as failure of such controllers or equipnient provided by the third party vendor, SIEMENS will troubleshoot to identify the Cause Of' the failure If flie 55 Siemens Agreement--Effiectkic October 1,2021 1553 failure requires the third party vendor's controller or other equipment to be programmed or repaired in any manner, SIEMENS will niake an initial recommendation 15or the COUNTY to pay for the repair of the controller or other equipment pursuant to this Agreement or to replace the controller witli a Siemens' controller. Such reconin-iendation shall be based on ,in analysis that is in the best interests of"the COUNTY, If the controller or other equipment must be replaced, SIEMENS will fLrst provide a, quote for the costs of'such rcplacenicnt and only 1,)roceed Sap ort written aUthOrization from the COUNTY. SIEMENS ShOUld always contact die third party vendor directly to troubleshoot such vendor's controller or otherequipment, In the evetitofa railureofathird pzirty vendor c(,)iiti•ollerorotlier equipment,COUNTY employees shall not troubleshoM nor-engage in initiating any service calls, with such vendor, as those services shall be conducted solely by SIEMENS. It is the intent ofthe COUNTY, to manage all services calls through its sole provider, SIEMFN'S, purSUant to the terms and conditions of this Agreement, Invoicing for these services shall be in accordance with this Ag)reement. V1. EXCLUSIONS AND CLARIFICATIONS I Unless expressly stated otherwise in this Scope of Set-vices, Services do not include and SIEMENS is not responsible for: a) service or provision ofconsuiriable supplies, including hart 1101 11miled, to batteries and,halon cylinder charging; bi) reinstallation or relocation of Equipment; C) painting or refinishing of EquipITIC11t Ur SUT-1-01.111ding St1rf`aCCS; d), changes to Services; C) parts, accessories, attachments or other devices added to Equipment but rio fumished by Sieniens; f) failUre to continually provide suitable operati.ng environment hicluding, but not lit-nited to, adequate space, ven ti lat ion, electrical power and protection from the clements; g) the removal or reinstallation of replacement valves, datupers, waterflow arid taixiper switches, airflow stalions,venting or draining systems, and any other perin.,mently rnounWd integral pipe Ora,ir dUCt CWTIPODeflt; h) replacement of more than ten percent(l 0%) of refrigerant charge per piece of equipment per incident; i) instal lati on, removal, and/or rental fees for any tempormy HVAC equipment, if necessary; or j) Went defects in [lie EqUipill.C11t, that cannot be discovered through the standard provision ofthe Services. SIEMENS is not responsible For 56 Sicineus Agwemcnt-.-P"Iffedive October 1,2021 1554 services performed on any Equipment other than by SIEMENS or its a oents. tn V11. CONNECTIVITY AND COMMUNICATI-ONS ('SERVICE IMPI..,EMMENTATION 1,)I,..,AN") 1, Siemens Remote Services for Building 'I"eclinology (SRS) A SCOUre remote connection ,((,) COLJNTY facilities enables SIHMENS to respond qUickly, an(], maintain as high level of sysLeti'l up-time and performance, Siemens Remote Service (SRS) is the cl7ficient and comprefictisive, infrastructure for the complete spectrUrn of equipment-related rernote services. Services that formerly required on-site visits are now available via data transfer. This ilICtUdes rapid error identification as well as ininlediate ret'note repair, By proactively nionitoring COUN'ry systems, SIEMENS can detect parameter deviations bef(,,)re problems occur, SIEMEN'S will access CO1.JN'FY systems via as SCCLIre cR.SP connection. 2, Siemens Service Portal The Service portal complements the personalized set-vices the (,',OUNTY will receive from its local, SIEMENS' office by providing greatervisibility into equipt'nent and services, c1chvered by SJ'EMEN'S. This web-based portal allows the COUNTY the ability to con-firn-i .',,cheClU1CS, [rack repairs, manage agreements, generate reports, and access critical inforn'lation-, then share it across the COUN"I"YS entire enterprise quickly and efficiently. The Service Portal is as user-fi-ictidly way to increase COUN"ry proctuctivity and the value of Is service prograna. 3, Data Security as a .Basic Requirenient SIEMENS values confidentiality and long-terni partnerships and will give the sect.-trity of the, COUNTY's data the highest priority. Refore SIEMENS implements art enhanced service package with remote SUpport, it will conduct ',.III in-depth analysis of the sitatation, tal<ing into account national and international regulations, technical infrdstructures, and industry specifics. Sll--,'.MENS' service ernployces carefully evaluate tile COUNTY'S needs on an individual basis with as view toward information sec'urity, 57 Siemens AgrcementEffective October 1, 2021 1555 EXHIBIT "B" COUNTY FORMS 558 SieniensAgreement- Effective October 1,2021 1556 SWORN STATEMENT UNDER ORDINANCE NO., 010.19 0 1W ONROE COUNTY, FLORIDA ETH- ICS CLAMS 49 Siemens Industry, Inc. (Company) warrants that helit has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or are County officer or employee in violation of Section 3 of Ordinance No, 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also,in its discretion„deduct from the Agreement or purchase price,or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or empl'oyee.„' 091TAy a"wgnad Gyp'5veanawn,fin PHowwaaal t,tmm r in Jr 0111,atrlapWO.,"btf-ZOS4"07. Howard � wy�� a,4w nNammO."arrwwrck aar=3wocu wCfin)" f'l VV '...1'M,a4 aw'^'�tlmaawns„asp*SUMrruspBdq....do Howsra9'.. 91MW.202ZQ4,12 147Ir16•04W (Signature) H.Joe Surnmerlin Branch General Manager Date: STATE OF: COUNTY OF: Subscribed and sworn to(or affirmed)before me, by means of 0 physical presence or online notarization, on �� (date)by p .. CN "' �� t"'� y (name of afffant). He/She is personally known to me or has produced _(type of identification)as identification. m: � u lNo Notary �f Florida NOTARY PU aN �a 106438 It ; Expires star 21 a 2025. �"�r hwy d�urh, 8araded through 14ationaq NotaryAsm My Commission Expires: C ""I 9 iciriens Agrec incrrt—Effective October 1,2021 1557 NON-COLLUSION AFFIDAVIT Fl,Joe Surnmerlin I, Branch eneral Manal er of the city of Miramar, FLaccording to law on my oath, and under penalty of perjury, depose and say that H.Joe Su rrrerlin a. I am N, i h General Man er of the firm of Siemens Industry, Inc. the bidder making the Proposal l for the project described in the Request for'Proposals for Monroe County and that I executed the said proposal with full authority to do so, b, the prices in this bid have been arrived at independently without collusion,. consultation, communication or agreernent for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; C. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and d, no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition, e. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. . 111gliAy 519,ned tW$ijmvNn h Howard SArymerIry Jr DR serM10umber=Z0014X0Z, glvcnNa me-rl.swa rd,sn-Srunnrncdln Jr, -59ernvm cn,5Sum nedin do M Cc w and Howard (Signature) H.Joe Summerlin Cate: Branch General Manager START OF, .. 41 COUNTY OF: Subscribed and!sworn to(or affirmed)before me, by means of 0 physical presence or&'6nline notarization, on4A (date)by y. �. � . . (name of afflant). He/She is,personally known to me or has produced (type of identification)as identification. TANYATORRES �&ARY PUBLIC Notary Pubtle State or Florida Co m issrr}r9i#HH 106438 �rar my Comm.Ewros rear 21,2025 8o0ed through Nataooar Notary Assn, fey Commission Expires: � � c4'iJ$. � rift Siemens Agrcentent--t ffcctivc outobct'1,2021 1558 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Siemens Industry, Inc. (Name of Business) 1', Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken, against employees for violations of such prohibition. . Inform employees about the dangers of drug abuse in the workplace, the business" policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations, 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under laid,the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the united States or any state, for a violation occurring in the workplace no later than five (S)days after such conviction, S. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. S. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section,. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements n l t n Jr.r rO'r�7 1w,t rlutswuxrea@w0a0-zoo 1 0 e0r0l7ur..Xr IOrrwrdrw� 'jim dpinmrye-=Htl mj A rs'�;madurenv.xirr S,urwwromrOfex If fOore Aod (Signature) fit,Joe Summerlin Date: kr �ncla en�l tt STATE OF: .. V w. COUNTY OF: Subscribed and sworn to(or affirmed)be ore roe, by means of 0 physical presence or 216nline notarization, on � "� °� (date) by (name of afflant). He/She is personally known to me or has produced (type oaf identificiiflon as identification. t TANYAORES � rraraay Public st e ar r aarrsta l TAI "t PUB_. p l pG r; �' Counmtsstsn OHS 1063 4fr My COMM.Expires Mar 21,2025 My Commission l at ties; �Bonded throuyyh stational Notary Assn„ 6t Sictriens Agrcetttcnt—11f'cctive October f,2021 1559 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following,a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for(lie construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, 01' CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." H.Joe$Llmmerfiri I have read the above and state that neither BraUgh Ggrieral Manager (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. Smmn r uerfiJ Mi Howard (Signature) H.Joe Sumnierlin Date: Branch General Manager STATE OF: Q"k COUNTY OF: �h 5--U.-4 Subscribed and sworn to (or affirmed) before me, by means of 0 physical presence or[T"online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. TANYATORRES Notary Public-state of Florida N6tARY PUBLIC Commission#HH,10608 my Comm.Expires Mat 21,2025 bonded through Nationas ootary Assn,. My Commission Expires: 62 Siciiiciis Agreenwitt—f:ffectivc Octobcr 1,2021 1560 VENDOR CERTIFICATION llr,,GARI.)IN('.' SCIZLJr[NIZEI,)COMPANIES LISTS Project Descriptioji(s):j Monroe County SA 2011.........................................................................--..........................——-—---------------------- RespondenlVendorNaine: Siemens Industry, Vendor Fr-jm 13-276248�8 H.Joe SUnirnei Ilya Vendor's Authorized Representat'ive"Naine and'Title: Branch General iManager Siemens, Industry, Inc. ..........................................---—-------------------- ............................... Address: 3,021-N-Com.rnerce-Avenu-e C'i ty: Mirannar, FL 33025 State: 71p: ——-—--------------—.—...... ................................. .................................. ............. Phone NuInl.)cr: 954-9 14-1 1_"19 Fillail Address: Foesumnierfin@siern Section 28,7.135, Florida Statutes prohibits a conipany from bidding on, submittintn g a, proposal for, or entente g into or renewing a contract fior goods or services, of any aniOU111. if, at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215.4725 Florida Statutes, or is engaged in as Boycott ofisrael. Section 287,135, F'Iorida Statutes, also prohibits a company kon"I bidding on,submilling a proposal 1`61.,Or entering into or renewing a contracL for goods or services of'$1,000,000 or more, that are on either (lie Scrutinized Companies with Activities in Sudan, List or the SCII-LItinized Compinies with Activities in the Iran Petroleum Energy Sector Lists which were created pursutant to s. 2 1 5.473, I4'1oridaS'W,utes,or Is engaged in business operations in Cuba or Syria. As the person authorized Lo sign on behall'of Respondent, I hereby certil� that the corrPaTly identified above in the Secdon eridded "Respondent 'Vendor Nanie" is neat listed on the SCrUtini7ed Cornpanies that um"i TT Nit A;;x H 5:101,Boycott Israel List or engaged in a boycott of Israel tint"I xk;"4'ft�yu�k'T�.ir KVT'r A ekhe�,'the geiittkii5xed Getiipaiiies with.ire'.1 11-1 ill the irtt!i PeEnl�eklm F-Ilergy Seeior 0!,eflgftt tt"giffess, Openttie?]s i�l G4,ft 1 understand that pursuant to Section 287.135, Florida Statutes, the SUbmission ofa talse certification may suiliject company to civil penalties, attorney's, fees,and/or costs. I further understand that any contractivith the County may be terminated, at the: option of the County uo have subTilitted a if the conipany is fond t false ccrtification or has been placed on the Scrutinized COMParliCS that Bo ycott Israel list or engaged in a boycott of Israel at,pl4eed oti Hie Sel-tltini�!ed Gonipnilie's Wit4i 7ketiiviiies iii Suditti Hst or Hie eltttilini�o.ed PE H.Joe Summerlin Certified By: 13rq.n tI M who is authorized to sign on behalf'ofthe above referenced Authorized Sit naturc:_ U Print Namc�- H.Joe SUmmertin Dow:W401&1214;r5W44W Title: Biranich General Manager ................... ...........— .......... Note: The List are availabile at the following Departriient ofManagcnicnt Services Site: o ligsing/vendor inforination/convieted sus pende(j iscritninatoky oqUiLlaints endor lists 63 Siemens Agree nieni--E"Mctive October 1,2021 1561 CrJNlingt4y O rued Business Declaration -...........Stemem-ki.. .0 stfy n— .a................—._... .....,a sub-contractor engaged by Monroe County during the corrnpletion of work associated with the below indicated project (Check one) — .is a minority business enterprise, as defined in Section 288.703, Florida Statutes or is not a minority business enterprise, as defined in Section 288.703, Florida Statutes. F.S.288,.703(3), "Minority business enterprise".means any small business concern as defined in subsection (6)(see below)which is organized to engage in commercial transactions,which k domiciled in Florida,and which is at least percent-o +ned by Minority persons who are members of an insuirar,group that is of a particular racial,ethnic„ or gender makeup or national origin,which has been,subjected historically to disparate treatment duce to identification in and with that group resulting in an underrepreseintation of corrnmerc W enterprises under the group"'s control„and whose management and daily operations are controlled by such persons.A minority bus'Iness enterprise may pr.lrnadly involve the practice of a profession.Ownership by a minority person does not include ownership which is the result of a transfer from a nonminority person to a minority Iperson within a related imiranediate family group if the combined total net asset value of all members of such fanally gr.,oup exceeds p million. For purposes of Ws subsection,the terrrn"related immediate family group"'means one or more children uinder 16 years of age and ra parent of such children or the spouse of;such parent residing in the same house or living,urnit,. p:.S 288.703(6)"Small business" means an indepencierntly owned and operated business concern that employs poi or fewer permanent full-time employees and that,together with its aff'dliat s,has a net worth of not more than 5 million or any firm based in this state which has a Small Business Administration g(a)certification.As applicable to sole proprietorshups,the S mullion net worth requirement shall Include both personal and business investments. Contractor!Tay �efert f `L ��.70 for rnore information. Contractor: Siernens Indtas�try, Inc. LqEa Monroe Cournty Signature +Ju I'11 I e I'Ill Y Jr I";'q V N,' Ivy, %Z.1r 11Kv,1" Signature � p w, 1q Brunt A printed Naime Title: _ ,,,H.Joe Surnmerlin _ Title/6�Iwv91 Depar�tinnent�w ............................__..................... .. Branch General Manager Ver6fied via: ftiii s: ra d.drns.rflcrda.c.carra, directories ,address. Siemens InclUstry, Inc. Db,M Contract: 'ity/Staite/Zup :34Jpt Commerce Avenue lrramar, 6`1173![� ' _` l ate... . .. _.-.... .�........ _. f�lyl�w prrv�j ct GVu�raaber. 64 Siemens Agrccuuenr, Effective Oer.ober 1,„202'1 1562 EXHIBIT "C" DAVIS-BACON WAGES STATEMENT 65 Sicinens Agreement—Effective Ocrober 1,2021 1563 "General Decision Number : FL20220022 02/25/2022 Superseded General Decision Number : FL20210022 State : Florida Construction Type : Building County: Monroe County in Florida . BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . Note : Contracts subject to the Davio-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 11026 or Executive Order 13658 . Please note that these Executive Orders apply to covered contracts entered into by the federai government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CL'R 5 . 1 �a) (2) - (60) . ...................................................................-1...............................111"..............................—1................................................................. .........._.................11"..."..................11,............... -177 the contract is entered e c u t i v e 0 r de r 14 0 2 6 linto on or. after January 30, gcnerally applies to the 12022, or the contract is 1 contract . Irenewed or extended (e .g. , an The contractor must pay loption is exercised) on or 1 all covered workers at-, lafter January 30, 2022 : least $15 . 00 per hour (or the applicable waqe rate I l listed on this wage I determination, i_f it is I higher) for all hours I spent, performing on the I contract in 2022 . I................_-— ---______-- ............... ..................._ ................ ITT `�"' e, Gas -a-war-A-A" _041 . Execut-ive Order- L3658 lor between January 1, 2015 andl generally applies to the JJanuary 29, 2022, and the contract . The Icontract is not renewed or contractor must pay all.. lextended an or after January covered workers at least 3G, 2022 $11 . 25 per hoi.-i-Y.: (or the 66 Sionens Aga enictit-Elfbetive Oac)ber 1,2021 1564 I app] icable mage rate Listed on this wage det',erminat-ion, if it, is higher) for, all hours spent performing an that contract in 2022 . --------------..........-—-—--—------------ The applicable Executive order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classificat-,ion considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive O,rders is available at https : //www .dol . gov/agencies/`whd/government-contracts . Modification Number Publication Date 0 01/01/2022 1 01/14/2022 2 02/25/2022 ELEC0349-003 09/01/2021 Rates Fringes ELECTRTC]"AN . . . . . . . . . . . . . . . . . . . . . . $ 37 . 61 11 . 72 ----------------------------------------------------------- E,N[G:F048'7-004 0'7/01/201.3 Rates, Fringes OPERATOR: Crane All Cranes Over 15 Ton Capacity . . . . . . . . . . . . . . . . . . . . $ 29 . 00 8 . 80 Yard Crane, Hydraulic Crane, Capacity 15 Ton and Under . . . . . . . . . . . . . . . . . . . . . . . $ 22 . 00 8 . 80 ----------------------------------------------------------- IRONO2'72-004 1.0/01/2021 67 Siemens Agrearicat -Effedive Octaba 1,202) 1565 REINFORCING. . . . . . . . . . . . . . . . . . . . . . 26 . 00 -[4 . 1 ----------------------------------------------------------- PAINTER: Brus1a Only. . . . . . . . . . . . .. :� 201 . 21 1.2 . 3 ------------------------------------------------------------ SFF-1,08 1--1 ;1- 1 /31/.2021... Rates Fringes SPRINKLER F'IT"TER (Fire prl.nklers) . . . . . . . . . . . . . . . . . . . $ 30 . 63 21 . 09 ----------------------------------------------------------- S>:1EE00 32 -00 3 .12/ 1/201. 3 SH}aE":1„MET1t:1:., WORKER (HVAC Duct", .1:nsLaa.11 aLa.on) . . . . . . . . . . . . . . .. . . . . . $ 23 . 50 12 .. :1.8 ----------------------------------------------------------- Rates Fringes CARPENTER R. . . . . . . . . . . . . . . . . . . . . . . . $ 15 . (18 5 . 07 C"EMEN''1 MASON/CONCRETE lF I L SHER. . . 1. " .. 5 0 . 00 FEN(,E ERECTOR. . . . . . . . . . . . . . . . . . . . .4 9 . 94 �. � 0 . 00 LABORER: Common or General . . . . . . . Ca *' 0 . 00 1 A130}:1ER: Pip 1.a" r. . . . . . . . . . . . . . $ 101 . 45 0, 010 OPERATOR: B ac:;kho /Exczi at o r.. . . . . $ 16 . 9 0 . 00 Ne1r ga.Le, and Co cr ,.1 .,) . . . . . . $ 9 . 5:8 k-A 01 . 00 68 1566 OPERATOR: Pump . . . . . . . . . . . . . . . . . . $ 11 . 00 0 . 00 PAINTER: Roller and Spray. . . . . . . $ 11 . 2-1 0 . 00 PLUMBER. . . . . . . . . . . . . . . . . . . . . . . _ $ 12 . 27 3 . 33 ROOFER: Built Up, Composir,iori, Hot, Tar ;and Single Ply . . . . . . . . . . . . . . . . . . . . . . . $ 14 . 33 0 . 00 SHEET METAL WORKER, Excludes HVAC Duct Installation . . . . . . . . . . . $ 14 . 41 3 . 61 TRUCK DRTVER, Tncludes, Dump and 10 Year Haui Away. . . . . . . . . . . . $ 8 . 00 0 . 15 EL ERR - Receive rate prescribed for craft performing operation to which welding is incidental . Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($15 . 00) or 13658 ($11 . 25) . Please see the Note at the top of the wage determination for more information . Note : Executive Order (EO) 13106, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017 . If this contract is covered by the EO, the contractor must provide employees with I hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-yelated needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other, health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the emp1,('.)yee) who is a victim of, domestic violence, sexual assault, or stalking . 69 Siemeiis Agreemem—Effective October 1,202 1567 Additional information on contractor requirements and worker protections under the EO is available at https : //www.dol .gov/agencies/whd/government-contracts . Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the I-Fibor, standards contract clauses (29CFR 5 . 5 (a) (1) (ii)l ----------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type (s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Tdentif iers A four letter classificaLion abbreviation identifier enclosed in dotted lines be with characters other than ""SU"" or "KAW " denotes that the union classification and rate were prevailing for that classification in the survey. Example : PLUM0198-005 07/01/2014 . PLUM is an abbrev',i,ation identif'i'er of the union which prevailed in the survey for L hi.s classification, which in this example would be Plumbers . 0198 indicates the local union number or district council.. number where applicable, i . e . , Plumbers Local 0198 . The next number, 005 in the example, is an internal number used in processing the wage determination. 01/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1 , 2014 . Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate . Suter.17ey Rate den tif.iers 70 Siemens Agreement-Fffectk c October 1!,2021 1568 Classifications listed under the ""SU"" identifier indicate Lhat no one raLe prevailed fox this classification in the survey and the published rate is derived by computing a weighted average rate based an all the rates reported in the curve y for that classific',,ation . As i-,Yiis, weighted average rate includes all rates reported in the survey, it, may include both union and non-union rates . Example : SULA2012-001 5/13/2014 . SU indicates the rates are survey rates based on a weiqhted average calculation of rates and are not majority rates . LA indicates the State of Louisiana . 2012 is the year of survey on which these classifications and rates are based. The next number, 00'/ in the example, is an internal number used in producing the ea deter m i g nation . 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier . Survey wage rates are not updated and remain in effec-t.-, until a new survey is conducted. Union Average RaLe ldenLifiers Classification (s) listed under the UAVG identifier indicate that no single majoriLy rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data . EXAMPLE : UAVG-OH-0010 08/29/2014 . UAVG indicates thaL the rate Q ll WEligluted union average rate . OH indicates the state . The next number, 0010 in the example, is an internal. ni.imbE,,,r used. lin producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier . A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current-, negotiated/CBA rate of the union locals from which the rate is based. ----------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 71 Siemens Ageemea-Fffective Octoba 1,2021 1569 1 . ) Has there been an initial decision in the matter? This can be : an existing published wage deterininat.-ion a survey underlying a wage. determInation a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling On survey related matters, initial contact, inc ludinq requests for summaries of surveys, should be with the Wage and our National Office because National Office has responsibility for the Davis-Bacon survey program. Tf the response from this initial contact is not satisfactory, then the process described ::i..n 2 . ) and 3 . ) should be followed, With regard to any other matter not yet ripe for the formal process descyibed here, initial contact should be with the Branch of Construction Wage DeterminaLions . Write to: Branch of Construction Wage Determinations Wage and Hour Division U . S . Department', of Labor 200 Constitution Avenue, N .N. Washington, 11C 2021() 2 . ) If the answer to the question in 1 . ) is yes, then an interested party (those affected by the action) can request, review and zeconsideration from the Wage and Hour Administrator (See 29 CFR Part 1 . 8 and 29 CFR Part 1) . Write to: Wage and Hour Administrator U . S . Department of Labor 200 Constitution Avenue, N .W. Washington, DC 20210 The request should be accompanied by a full statement of' the interested party ' s position and by any informatiol�-1 (wage payment data, project descripL_ion, area practice 72 Siemens Ageemcnt EffeetWe Octet a 1,2021 1570 material, etc . ) that the requestor considers relevant to the issue . 3 . ) If the decision of the Administrator is n.ot favorable, Sara interested party may appeal directly to the Administrative Review Board (formerly t'.he Wage: Appeals Board) . Write to : Administrative Review Board U . S . Department of Labor 200 Constitution Avenue, N .W. Washington, DC 201210 4 . ) All decisions by the Administrative Review Board are final . END OF GENERAL DECISIO'' 73 Mnun AWcmwm- [,A'ective October 1,20i2 1, 1571 EXHIBIT"'WI BYRD- ANTI - LOBBYING CERTIFICATION 74 Sienicns Agreement Efl'cc6vc October 1,2021 1572 APPENDIX A, 44 C.F.R. PART 18,— CERTIFICATION REGARDING ILOBBYING (To be submitted witli,each bid or offer exceeding $100,000) (Xrtification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or tier knowWge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Undersigned, to any person for influencing or atteinlAing to Influence an officer or I employee of an agency, a Metiiher of Congress, an officer or employee of Cong!Tess, or all employee of a Member of Congress in connection with the awarding of any Federal contract, the making of'any Federal grant, the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renmal, amendrrient, or niodification of any Federal contract, grant, loan:, or cooperative agreernent. 1 If any funds othcr than Federal appropriated funds have been paid or will be paid to any person f01- ir1flUencing or attempting to influence an officer or crnployec of any agency, a Member of Congress, an officer or eniptoyce of Congress, or an employce of as Ivicniber of'Congress in con.,nection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and SUbmit Standard Fora-i-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 1 The undersigned shall require that the language of this certification be zi included in the award d0CU1nentS for all siibawards at all tiers(filCkidiflg SUbco.ntracts, SUbgrants, and contracts under grants, loans, �,,md coop era ti v e agreenizil ts) and that all SUbrecipienk, shall certify and disclose accordhigly. 'This certification is a riviterial representation of flaet upon which reliance was placed when this transaction was made or entered into. Submission, of this certification is as prerequisite for making cir entering into this transaction imposed by section 13 52, title 3 1, US. Code. Any person.whoa faits to file the required certification shall be sLil.)jcct to a civil penally of nett less than $10,000 and not more than $100,000for each such ffiilure. 'r,he Contractor,, , certifies or affirms the truthfuhiess and accuracy of each statement of its certification and disclosure, if any, In addition, the(,`.ontractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claiins and Statements, apply to this certification and disclosure, if any. f0g;w,6W �b��,,ZOOMMI,u1VM1MMW Summerlin Jr Howard h Signattire of Contractor's Authorized Of ..................... Name and Title of Contractor's Authorized Official Date 75 Siemens Agrecatent—Effective October 1,2021 1573 DYSCLOSI-RE OF L0I9BYLNGACTnTrIES 'T TDI 3 3 U S,C.13 DIM=T-rv-S 7 ORM TO DE I.LD 7--Lrj ab Y =M— NGA Fs m7LUA.A ...............—.-- L lype 0 Fedt-vil Action: 2, S Mtntu-.of Fed#rnl ActiGu- I Rep-Drt Type:: cna I Co = , =a 1=01 , b- zraml b, =, d3:3Wnd b mamd.A c.b=PB C, c xpy� C, d d, `iQM F0 r Xbtgh2l Clusce Onh-: 103a M:LU=E# vem— guarer—.— I=i'Aurmze dzte of hst repan 4. Nun and AdArc—,a['Rqmrthar,Etatih, S. IfRLwpmtingEutityinNo.4 is.SobzwvrdL*e, Enter Name and Addren of Primu- El:ibm F—IslibIMM64-2 Ti E if 1--nawn CDuEre-.JDuxI,DLmkt, ui-JaIDA trim' if IM;014 M 6, FMerial Depirtn&at,'Ageary. 7- Federal Pruera m m Nav0pucriptiou, MA N=ber,Lf ayi 8- Federal.Artian Number,tfkuowv- P. AWAIA Amvuat,ff 1-:0UMD, 10, a. -Naznt ind Addre-ga oftabbY Entity Ii- Individuals Pealar-mmu Stairs (mchding f If iaih-du'll lri-[rimm, first nauiL INU) adAnui if&E-mmml from No. 1 0a) (a rracb Cc mmmu bon Theet(sl if m K e5 saN) 11. 13,. Typ*431TT"east(cILKL-A(Lit*ply) I acrug pk=ed Lj b. a a--dma fem- C COMMLi= ipecift: nana-- e Value f ok--E ipadj!� 14, BliTe lies"v-dua of s4!rIiCaspfffQnm,+d air to Ue performg and Date(i Of&+.T(S),PRIPICTWI),UT M S)CCUtXt4 faT FJ:-IIWCt ludiCaffid iU It U-- (mach Cor. muatiers Sheet(5)if Wraisary) Id. :uE=whiin fzrm Li=aadud 7iJ,;,11 U,!�C.5�--tim 13 7-f T:j5 di;cki=cl Ub3izq, EZL4Mcq w2qp"by 6A Mil evizi"7MuA;-.J'Cu �m3idz a aulmqA a. Thi;1j;cIam-am is r&,T-uvd Prbi III'Mu, w rmi-13hk R,-,r puMinr pact im A.T;-p u o POIs tc,figr far Tel-apbune No:. Aulbohzz-d for Lou I Fxpmduz tou Fe-deral Ui,-Drab"", 5=4-al Fa am-LU OARS 2,�WUr M' 1574 INSTRUCTIONS FOR CONIPIA.,'XION OFSF-I.A..,L, DISCLOSURE OFLOBUYING ACTIVITIES 'I'll is disclosure forin shall be mnlilmd Ivry the tepornng entity,whollerstibawanice or pr[arc F cderalrecipieln,at the inftia6on or j,eeegpi of' covered Fedet a I aclionm a inaWda I CINT16iC W jlfevio[IS fi I it Ig p Lusuaw to tit]4,31 IYS.C'.section 1352. The Ci I in gufa form is retlufied fear such payment or agicemeng.to make payment to lobbying entity Cor influencing oraltemptiOg PO inflUCTICC It) Officer Or C"1PI0yeC Of arl)' agency,aMemberof Congress nil tar anemployeeol'a Member of Fe(Wralackkm. Hudget L of a ulvenNJ Federaluetion, 2. Idenfify the stalu s of trite covered F"edual action. 3, Identify the appropriate claS.Mficaiion of thN rejloil. If this is -a follow-lip ieport taused by as matcriat chaugc to rite infonnakion pgCVi0LhS'lY IrCtl0fled, enter the year and quarter ifl, which the change occurred, Sinter gic date of the last, previously subunitted repoll by JtnS lepoflifIg erjtjgy fair flli.%covered Fedetat action. 4. Emter the full narric,addrcsy,city,stme and zip code of the repoltilly entlay, 111cilude Coll gmm:siog i a I District iftnown. ('„heck the, appropriate classdficalion of the leporfiag�entiry that deaMgtmlcs if'it is or expects ga be a priaw or suhaww'd rccipienL idcrvify the tier of.the subawardee,e,g,the firm Kubawardee ofthe prime Ls the firm ficr. Sul�xawards inckt,&, bul ave not finlited ii) subcoutracu;,subgrurifs and contmet awalds tulder grants;. 5 If the orgain'I'mion fifing the ieport in hewn 4 checks"Subawardec"then,enter the thli mgme,addi ess,city,state,land-Ap coda of H[C prigrile I`CdCl Al lLe(�jnj(Ml. 6. Liner the naggic.ofthu Federa t agency making die award or inan conungiln-rent, below ap 7, Niter file Fedetal prograw name or description 11m,thu Covered Federal action(itegn 1). if known,emer the g1ill Calalog of Federal Domeglic Assistance WFDA)number Rn grarits, loarls and Wait colymnihnenis. 8 Gaunter tyre girmt appropliate Fedetoll identifyh1g,nuiribet avaitable 1bi floc Federld actiorg,idenWication in Rem I Rcquest fog Proposal(RF11)nurnbev,trivitaiiimi four Bid(WB)tingriber,vium aoDoUncenlent ilturibcv,rite corttract yea aunt or loan awaud nurnbev, the,appliull iort/Ploposal control number ossigiwd by the federal agency). Include pwrix Cs,C.d'_ �. For as covered Fed=,Ll WiOln Where there has lee ell am awmrd or loull colunwillent by the Fcdera ageaq,enter glie,Vodernl ailmIrra of the aw"muhl'all Collivnitments fbc the planate entity identifiecl in ftein 4 UT 5. 10, (a)F lite I,the full I marne,a ddt e 9,,,ei I Y,state 11 nd zip C:antic(if rile lobbyi i ig clit ily ell gaged by litre ie po rti qg e it I i ty identift e d it I ileums 4 1 o influenced the covered FeAierat acfiun. (b)Emer the Nil gum-rics of,dic tndividual(s)pe6mrhng service,,-,tend inciude Full liddress tweet W(a)- Fliter Last Nwne,Firm Name andN.fidifle NiIial(MI). Emtcr the amount of comptirsatioll paid or tvosorl,111)'expected to be,paid by(Itc evifiiy(igtern 4)to the lobbying entity (item 10). Indicate mrhetllcr the P,'hyrnent has been inadc(acwul)or will be made(Plalined) Check all boxes lhitt apply, It this is as warevild Cluinge report,erner the cumulative mnuanL of paynieurl ma&ca,plangred to be nlade. Check tine appropHate hux, Check A boxes,that apply. Wpayment is nlade ffigutij,!h oil in-Uid spucil'y the wituve and value offlic in-kind payment, 3�. Check dic appropriare box. CNA aH boxes that apply, Iroilier,speciry gianitre. 14, pro Y ide a spec i fi c and d c ta i led desc ri pi,im 0 f(tie services I[g ait tine lobby i st has I.)erforine,d or w i H be.c xpected to perforr n tamed tp te datc(s)of any set Vices leodered. Include all prep matmy and related activity not'itt'st lime,spent in actual coritact, withFcderal cifficials, Identify the Fedwil(ifficet(s)or cmployer(s)comacled or tire officer,(,s')ernployce(s)or Mciubcr(s) of(,ougicssaial were cmlacted. 1 5�. Check whethet or not as corninuafiori shm(s)is attachQ(t 10. The celfifYing official shill sign and(late the ronn,print his uher narno title and gellephoue number. Public repnitilit",barden for,Us collection ofinfi)rYnittion as eStinllflett to average,30 nihnacs per response,including finte I'm- reviewing exiNflog diata sourets,glitlheriiig and lrlaiwaijghq�,01C data Nwe.dc.d,and coinjqetnig and rei6ewing the collection of ill fiol matiol I, Send cog I title]its Tugarding the,i.,mit-den est inime,or giny other aspect of'Anus Col tecgiion of,infornial ion, red tieing d i is hu rden,to the 0 ffl cc o C Ndanagc nient aimed Budget,Pap erwork Red net i on Pro I ecr (0349-W46),Washington,D,C 20501 SF-TA JAwsmicliows Rev.06-04- 90(ENDIJF* 2'-6d PARF21COUNTY 7 7 Sicitnews Agmement—tiffectivc 0etober 1, 2021 1575 APPENDIX "A" MAINTAINED EQUIPMENTTABLE 7 S Sionews Agrectnent—Effective October 1,20!2 V. 1576 SIEMENS u;tr- rya Maintained Equipment Table Appendix "A" Automation �/,J,.,,L,>1.(l. i/t IJ / y r. ir� -:� 1,. / d;/!,J✓r,r y 1r ,r„ ;r I..r/ i Il/ „ i'- Y�r! r .r' LI✓ ✓ r /,r. ?J� , /.,r/; i,.r ri. rII ! ,,;;";,, ," .. ,,,, /,r,rr � /.0 1 ✓. rI !. ✓ 1 r / ,.4i / r r,r ,,.. ! /.,f J /, l / f / �,,, „" r , ��/.,., ,f✓"l.. �.h G .�,L,.r.,,.� ✓,,.1, i.1/�.Jz a!�/ r �;� ��,J v,(�„��.�.��„,1, ,r�,/i !/r ,Y/�/o,✓/ r ,o a %IO,liii ,r,,,, ,;,,,,, ,,. „" T�.,'�'�"-, gip, Y, / elf x//c i,11,6,'//n ✓l, ,/ a rss r 4/,I/�r,.r(/✓!/��,.''9 /r i r �i.✓ ! r �,I. //ol. ?e ,r✓,h�-;,, i ✓r/1 /... i // / sf,./�r// r r r a J/)i�r� �f�/0 ✓/f/ii r". G � � /r 1//r/.��i ��°�Q�"��i�Yr �r/i /r ,,,,//IY I ✓r// o, y, / ��..,,. r, ' d"r��;k7T1 �u !�rJ4`� ''�. Visual i1ACnet up to 250 Devices PACnet Network Anatys"us License 2 1 1,23 R,Mote N/A Building Level Controllers Preventive Maintenance AUtOrnatiion 24 1. 2,3 Onside N/A Clesigo CC Wrksta'DB:SVR Saaftware Mt Ontenance 1. 1 1.,2,3 o nstlte ni/A VAV Box Control Preventive Maintenance-Pneumatic Controls 50 1 1,2,3 onsite ra/A. VAV Suppty Pan Preventive Maintenance-Pneurnatic:Controls 1.1. l 1,2,3 O ns to N/A Air ramp.,Lubed,Duplex,3&S HP Preventive Maintenance-Pneumatic Controa s 1 1 1,,2,.3 0nsite N/A Air Dryer,5-2 x SCFM Preventive Maintenance-Prieurnabc Controls 1 1 1„2,3 turusiw, N/A Page 1 of 4 1577 SIEMENS Fibs pp�eni i "A„ Jl,... ./ ...,,/ ,., ,! r r r .0� r ( � �, r.//'ri. „<,r�Y� � I r"�.(,/✓" !d nJ ! , ✓ ,...., i./ n...r ,// / %(,rr ,cr rlr � � ! ?✓rr� lr� ��ft/ �, r;/!/ r9 v' <� e, 1 fc',u� ,y� r � 9 ��/re. ��1,.../,�,`�;, !•a �, Y, � f/,,. n„'rrr f / / is o , ✓)-r f,, � � /r`J, 1, r,/, ! H r/ l,, � r, r, ,� / rf rr r, v / ✓r� � , J I fr��, �, �Y rm�Yr/�,,,,r /r. /,J r;l r r r ! . 1�,r! ,I„r/�. //,�/ r, Om � � � I �i � � /I,r /� ,it Yh I e r/„n r. �/J/ � ,l/,,/, ri,J. ✓�` v rn/ r,'r1 �,, Fuse Alarm Battery Fire Alarm Battery Test'iim, -Ser'ni-Annual 4 A 1,2.,3 Onshe N/A Addr8ssable Smoke Detector Test&lnspecbon—Fire Alarm System Annual alga 1. L2,3 onsite N/A Visual Inspection of Flre Alarm System Semi- Ammual a9.6t. A.'x.'3 rYs si N/A Addressable duct:Detector Test&inspection-•Fire Alarm Systems Annuual 233 t 3,2,3 Onsite N/A Visual Bnspecti:on of Fire Alarm System Sernl- 233 t 1, „3 Onsee N/A Annual Addressable Heat Detector Test,&'Inspecdon,—Fire Alarm System Annual 47 t 3,2,3 Onsite N/A Visual IlnspecUon of Fire Alarm System Sem"xl- Annu.ual 47 t. 1. ,3 Chu slte N/A Addressable Pull Statism Test&lnspectlen .fore Alarm System AnnLW 72 t 7,2,�:3 Onshe NIA Visual IlnSpecfian of Frre Alarm,System Sent- 72 t t„7;;3 3nsi4e n/'r, Annual Control Module Contact Output Peunit Pest lnspea Uon •Fire Alarm System Annual 121 1 1,2,3 Oni to N/A Pugs 2 of 1578 SIEMENS Fare Append "'A" �! !a N/�L,., r n!✓ ,, � J,�/,li J,.. �1,�V,1 ,� J/ ./. / r :,r-/ fJ...r / ! o ;, .^ ,: ' uu ,�P. ,, �r f .r-!.1 ..J.,. m.� /, f � 1 U ../ //Ur. !. ";.. �r� /� ✓r „, , „!i„), ! �r✓,r.i.. 1. �,,r ,rr ,/i/�,t. ,., T ', "�..( ./ /. rJr r,r.. / ,"rr V f fir r r ,,:, „" �. r/ rkf✓e,ifi./� ! ✓"`�� rl/f F,,l r ��. � i,�/; .;i:� ..r,r, n �r// /,,.., n/� i"5 �..: ;;'; �.,,,; ,. ,„ " Visual(inspection of Fire Alarm 5ystern Semi- 1.21 1 1,:,3 u'nstiteJA Annual Speakers or Harns Test&lmspectmni--Fire Alarm System Annual 96 1 1,2,3 O nstlte N/A Vlsnual Inspection of(Hire Alarm System Serni' 'S 1 1„2„3 O srte N/A AnnuaP, . strobe Test& Inspection,._Fire Alarm System Annual 107 1 1,2,3 onsite N/A Visual Inspection of Fire Alarm System Semi.. 107 1. 1„7;3 uurotk„,e N/A Annual Speakers or Horns with Strobes. Test&inspecUon,--Fine Alarm System Annual 148 a 1„2,3 Ornike N/A. Visual Inspection,of Fire Alarm Systenn Semi- 148 t. t,„ .r�3roi slue /A Annual Suemems XI.S/Desigo FSM:Alarm (Panel Test&Inspection—Fire Alarrm System Annual 4 1 1„2,3 Onsrte N/A Visual tlnspectlon of Ftire Alarm System Semi- 11.2,3 to s'vte W/ Annual Remote Control/Annunciator Panell Test&inspection—Fire Aiarrn System Annual 1 1 1,2,3 Onsite N/A Visual Inspection of Fire Alarm System Semi- 1. 1, 1,23 Onsute N/A Annual ''age 3 of 4 1579 SIEMENS wui for-Ufv- Fire, Appendix "A" i✓.ljl//1, �r1;'y / l,r / r// // f t r1Pi...�Y�l'9��//rr�llµ1.�.i l��k, ,�ifrJl/,��r �V�//,//k.,mil!/ ,, V� //r ,// f "'*e!.r,I`r'r1'.; �y :'.. r,. „ Ar " /ll;,,r��i//�ielC fWN'�1'I 'i;'�, M :- , ?'p�ot'qbh overage Digital Dialer 'test&Inspection Tire Alarm System Annu as� 1,2,3 Quite N/A VisaAall Mspectio n of Fore Aleirm System Semi- t A„'�� t wut N/A Annu aI Power Booster 'Test&Inspection-IFire Alarm System Annu aI A t '1,2,3 Ons➢te N/A Visu au kispection of lore Alarm System.Semr - Annu W Page 4 of 4 1580 AP P ENDIX "B" SIEMENS HOURIN LABOR AND MARKUP RATES 79 Sicinuils Agrecment,--Effedive October 1,2021 1581 "Appendix B"' OffsIte Rates SIEMENS HOURIV LABOR AND NlATU<Lll'RATES Position lStandard Hourly Rate- Discounted Hourly Rate to rennote Services the County- For remote ,FarServices Specialisli/Technician: Building Autornation $ 22&00 I$ 182,40 Fire Life Safety $ 204.001 $ 163.20 i——— ............. Security 22,3.00 1$ 178.40 ............... .................................. ....................._................_ Elc.(_'_Irlcal Services $ 320.010 $ 256.00, ..............._ $ .................................................... Sc ice Mec�ianic 222.001 $ 177.60 ................ ............ ivice M chanic-Apprentice fradesrnan $ 18100 $ 145.60 Fire Sprinkler Inspector $ 270_0 177.6,0 Fire Sprinkler Fitter $ 2212.00 $ 17T60 .......... Other: Project Manager $ 288,00 $ 230.40 General Engineer $ $ 225.60 _TTi_er4Y—Engineer $ a, 262,40 Electrical Installer $ 184.0011, $ 147,20 *Standard Hourly Rates are Subject to change once per year "There will be a minirnurn charge of 2 hmirs for aallll calls remote or ninsite I"ReTmwte calls that establish a niced for an on,5ite visit will be charged the actual cost of tirne spent remotely plus onske costs Onsite Rates AN positions$500 per hour or�?2,20101 for a full 8 hour day(day starts at arrival firne at job site): After Hours Rates-Onnsite Overtime rate will be appropriate mate times 1.5 Double-time rate will be appropriate rate times 2.01 Overfirne rate will be charged after 8 hours on job note,Monday through Friday Double-time.rate wil'I be charged on Holidays,Sundays and Saturday after 8 hours on job 5 ii te After Hours Rates-Remote Overdrne rate will!be appropriate rate tiniies 1,5 DOUWe-time rate will be appropriate rate dines 2,0 Overtime rate will be charged outside of the hours of 8:00 AM:-5:0101 PM,Monday through Friday Double-time rate will be charged on Holidays,Sundays.and Saturday outs We the hours of&00 AM 5:0,011M Siemens Material! RECEIVE A less 50%with an additional less 20%(or a multiplier of 0.4 X list price)DISCOUNT FROM CURRENT PUBLISHED LIST PRICE ON WILDING AUTOMIATMIN11 COMPONENTS as published in;the Powers Controls Pneurnatic/ElectroNc& Apogee Automation PRICING GUIDE. RECEIVE"Trade Net"PWING FROM:,SIEMENS FIRE SAFE1Y COMPONENTS as published in the FIRE SAFETY PRICE LIST. Outside Material -Siemens Direct Cost Times Appropriate Multiplier Siernens Cost$01,01.thru$500.00 multiplier is 2.00 Slernens Cost$500,0,1 thrul$1,000,00 multiplier is 1.75 Slemens Cast,$1,000.01 ffiru$5,00:0,0!01 multiplier is I.65 Siemens Cost$5,,000.01 and up rnuffipher is,1.55 Subcontracted Services..Siemens Direct Cost TImes Appropriate Multiplier SjeTrrJerJ5 Cost Wises a muffiplier of L.50 1582 ACCOR"® CERTIFICATE OF LIABILITY INSURANCE D04/12/2022DIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH USA,INC. NAME: PHONE 212 345 0557 445 SOUTH STREET AIC No Ext: FAX No): MORRISTOWN,NJ 07960-6454 E-MAIL ADDRESS: Otis.CertReq uest marsh.com INSURER(S)AFFORDING COVERAGE NAIC# CN 1 02147003-RAM--21/22 4433 MANGI NOC60 INSURER A:HDI Global Insurance Company 41343 INSURED SIEMENS INDUSTRY,INC. INSURER B:Travelers Property Casualty Co.of America 25674 1000 DEERFIELD PARKWAY INSURER C:The Travelers Indemnity Company 25658 BUFFALO GROVE,IL 60089-4513 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: NYC-011305262-01 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR IN SD WVD POLICY NUMBER MM/DD/YYYY MM/DDIYYYY A X COMMERCIAL GENERAL LIABILITY GLD11101-13 10/01/2021 10/01/2022 EACH OCCURRENCE $ 1,000,000 DAMAGE TO CLAIMS-MADE 1XI OCCUR PREMISES (a occurrDence $ 1,000,000 APPROVED BY RISK MANAGEMENT 100,000 MED EXP(Any one person) $ 1,000,000 SATE 4/12/' 022 PERSONAL&ADV INJURY $GEN'L AGGREGATE LIMIT APPLIES PER: ' ' "' � GENERAL AGGREGATE $ 10,000,000 X POLICY❑ PRO ❑ LOC WAVER NIA__YES—, PRODUCTS-COMP/OP AGG $ I NCL JECT OTHER I $ B AUTOMOBILE LIABILITY TC2J-CAP-7440L34A-TIL-21 10/01/2021 10/01/2022 COMBINED SINGLE LIMIT $ 2,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ N/A X OWNED SCHEDULED BODILY INJURY(Per accident) $ N/A AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ N/A AUTOS ONLY AUTOS ONLY Per accident UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION UB-8P83929A-21-51-K(AOS) 10/01/2021 10/01/2 222 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER C YIN UB-8P79233A-21-51-R(AZ,MA,WI) 10/01/2021 10/01/2022 1,000,000 ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ B OFFICER/MEMBER EXCLUDED? NIA TWXJUB-7440L338-TIL-21(OH) 10/01/2021 10/01/2022 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under """""'$500K LIMIT/$500K SIR"""""' 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:0063V000006YCCGQAA/TESTING,CERTIFICATION,AND MAINTENANCE SERVICES EBMS SEE ATTACHED CERTIFICATE HOLDER CANCELLATION MONROE COUNTY,FLORIDA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 SIMONTON STREET THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN KEY WEST,FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1583 AGENCY CUSTOMER ID: CN102147003 LOC#: Morristown ACCORD ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED MARSH USA,INC. SIEMENS INDUSTRY,INC. 1000 DEERFIELD PARKWAY POLICY NUMBER BUFFALO GROVE,IL 60089-4513 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance RE:0063V000006YCCGQAA/TESTING,CERTIFICATION,AND MAINTENANCE SERVICES EBMS MONROE COUNTY BOARD FO COUNTY COMMISSIONERS IS HEREBY ADDITIONAL INSURED AS OBLIGATED UNDER CONTRACT UNDER THE REFERENCED GENERAL LIABILITY AND AUTOMOBILE LIABILITY INSURANCE POLICIES. SUCH INSURANCE AS IS AFFORDED BY THE ADDITIONAL INSURED ENDORSEMENT SHALL APPLYAS PRIMARY INSURANCE&OTHER INSURANCE MAINTAINED BY THE CERTIFICATE HOLDER SHALL BE EXCESS ONLY&NOT CONTRIBUTING WITH INSURANCE PROVIDED UNDER THIS POLICY. WAIVER OF SUBROGATION IS EFFECTUAL WHERE REQUIRED BY WRITTEN CONTRACT. COMPLETED OPERATIONS COVERAGE IS INCLUDED IN THE GENERAL LIABILITY POLICY. IF THESE POLICIES ARE CANCELLED FOR ANY REASON OTHER THAN NON-PAYMENT OF PREMIUM,THE INSURER WILL DELIVER NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER UP TO 60 DAYS PRIOR TO THE CANCELLATION OR AS REQUIRED BY WRITTEN CONTRACT,WHICHEVER IS LESS. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1584 COMMERCIAL AUTO POLICY NUMBER: TC2J-CAP-7440L34A-TIL-21 ISSUE DATE: 09-01-21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions Of the Coverage Form apply unless moth- Pied by this endorsement. This endorsement identifies person(s) or organization(s) who are "'insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage pro- vided in the Coverage Form. SCHEDULE Name Of Person(s)Or Orgainization(s): ANY PERSON OR ORGANIZATION WHOM YOU HAVE AGREED TO ADD AS ADDITIONAL INSURED, BUT ONLY TO COVERAGE AND MINIMUM LIMITS REQUIRED IN A WRITTEN CONTRACT Information required to complete this Schedule, it not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is ered Autos Liability Coverage in the Business Auto an "'insured" for Covered Autos Liability Coverage, but and Motor Carrier Coverage Forms and Paragraph only to,the extent that person or organization qualifies D.2. of Section I — Covered Autos Coverages of the as an "insured"' under the Who Is An Insured provi- Auto Dealers Coverage Form. son contained in Paragraph A.1. of Section 11 — Cov- CA 20 48 10 13 C Insurance Services Office, Inc., 2011 Page 1 of 1 1585 POLICY NUMBER: TC2J—CAP-744OL34A—TIL-21 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.5., Transfer of required of you:, by a written contract executed Rights Of Recovery Against Others To Us, of the prior to, any "'accident" or "loss"', provided that the CONDITIONS Section: "'accident" or "loss" arises out of the operations 5. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver ap- ers To Us plies only to the person or organization desig- We waive any right of recovery we may have nated in such contract. against any person or organization to the extent CA T3 40 02 15 02015'The Travelers Indemnify Company.AH 6ghts reserved. Page 1 of 1 Includes copyrighted material!of Insurance Servilces Office, Inc. with its permission. 1586 HDI GLOBAL INSURANCE COMPANY MANUSCRIPT ENDORSEMENT#32 Policy Number Named Insured GLD1 1101-13 SIEMENS CORPORATION Policy Period: Inception:(M-D-Y) Expiration(M-D-Y) Effective Dateand! Time of Endorsement 10-01-2021 10-01-2022 10-01-2021 112:01 a.m. Standlardl Time at Address of the Insured). This Endorsement Changes The Policy. Piease Read It carefully. This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Form Who is an insured is amended to include as an additional insured any person whom you are required to add as an additional insured on this policy under a written agreement, but only with respect to liability for "bodily injury property damage"' or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf. The insurance coverage provided to such additional insured applies only to the extent required within the written agreement. The insurance coverage provided to the additional insured person shall not provide any broader coverage than you are required to provide to the additional insured person in the written agreementand shall not provide limits of insurance that exceed the lower of the Limits of Insurance provided to you in this policy, or the limits of insurance you are required to provide in the written agreement. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible other insurance,whether primary,excess, contingent,or on any other basis,that is available to the additional insured for a loss we cover under this endorsement. However, if the written agreement specifically requires that this insurance apply on a primary basis, this insurance is primary. If the written agreement specifically requires this insurance apply on a primary and non-contributory basis this insurance is primary to other insurance available to the additional insured and we will not share with thatother insurance. This endorsement shall prevail over additional insured endorsements that may apply under this policy unless required otherwise in the written agreement. Authorized Representative All terms and conditions of the policy remain unchanged. THIS ENDORSEMENT MU:ST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page 1587 POLICY NUMBER: GLD1 1101-13 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF' TRANSFER OF' RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization., ANY PERSON OR ORGANIZATION TO THE EXTENT REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section: IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "'your work"' done under a contract with that person or organization and included in the ""products- completed operations hazard"'. This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 85 09 CJ Insurance Services Office, Inc.,2008 Page 1: of 1 1588 TRAVELERS J WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00)- POLICY NUMBER: UB-8P83929A-21-51-K WAIVER OF OUR IRIGHT TO RECOVER FROM OTHERS IENDOC RSEMENT 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 agreement from us.) Thais agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. DATE OF ISSUE:: 09-01-21 ST ASSIGN: 1589 ACCOR"® CERTIFICATE OF LIABILITY INSURANCE D04/21/2022DIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH USA,INC. NAME: FAX 445 SOUTH STREET A/CONE No Ext: A/C,No): MORRISTOWN,NJ 07960-6454 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# CN 1 02147003-RAM-CYBER-21/22 4433 MANGI INSURER A:HDI Specialty Insurance Company 41343 INSURED INSURER B SIEMENS INDUSTRY,INC. 1000 DEERFIELD PARKWAY INSURER C BUFFALO GROVE,IL 60089-4513 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: NYC-011305472-04 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 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 $ OCCUR DAMAGE TO RENTED APPROVED BY RISK MANAGEMENT PRE CLAIMS-MADE MISES Ea occurrence $ BY r,,% MED EXP(Any one person) $ DATE PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: WAVER WA YES GENERAL AGGREGATE $ PPOLICY❑ PRO JECT ❑ LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident L $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Cyber EOD5551302S 10/01/2021 10/01/2022 PER CLAIM 5,000,000 "Deductible Value:$30,000" AGGREGATE 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:0063V000006YCCGQAA/TESTING,CERTIFICATION,AND MAINTENANCE SERVICES EBMS CERTIFICATE HOLDER CANCELLATION MONROE COUNTY,FLORIDA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 SIMONTON STREET THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN KEY WEST,FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1590 ACCOR"® CERTIFICATE OF LIABILITY INSURANCE D04/13/2022DIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH USA,INC. NAME: FAX 445 SOUTH STREET A/CONE No Ext: A/C,No): MORRISTOWN,NJ 07960-6454 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# CN 1 02147003-RAM-CYBER-21/22 4433 MANGI INSURER A:HDI Specialty Insurance Company 41343 INSURED INSURER B SIEMENS INDUSTRY,INC. 1000 DEERFIELD PARKWAY INSURER C BUFFALO GROVE,IL 60089-4513 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: NYC-011305472-03 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR IN SD WVD POLICY NUMBER MM/DD/YYYY MM/DDIYYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR APPROVED BY RISK MANAGEMENT PREMISES Ea occurrence $ �^-"�yc '�' MED EXP(Any one person) $ DATE,-----41 W 2_ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: WAVER NA—YES— GENERAL AGGREGATE $ POLICY❑ PRO-JECT ❑ LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY MBINED SINGLE LIMIT EaCO accident $ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident L $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Cyber EOD5551302S 10/01/2022 10/01/2023 PER CLAIM 5,000,000 "Deductible Value:$30,000" AGGREGATE 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:0063V000006YCCGQAA/TESTING,CERTIFICATION,AND MAINTENANCE SERVICES EBMS CERTIFICATE HOLDER CANCELLATION MONROE COUNTY,FLORIDA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 SIMONTON STREET THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN KEY WEST,FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1591 �� BOARD OF COUNTY COMMISSIONERS County of Monroe �� '� ' Mayor Michelle Coldiron,District 2 The Florida Keys ±� Mayor Pro Tern David Rice,District 4 y ,fl Craig Cates,District r Eddie Martinez,District 3 Holly Merrill Raschein,District 5 September 30, 2021 Siemens Industry, Inc. (Sent via email to joesummerlin@stemens.com) 3021 N. Commerce Parkway Miramar, FL 33025 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 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"). Monroe County currently has a contract with Siemens dated April 20, 2016, as amended, for similar Services, which will expire on October 20, 2021. Siemens had submitted a Proposal to the County dated February 10, 2021, for Services, which includes the continuation of the current services and additional services as detailed therein. On March 17, 2021, the Monroe County Board of County Commissioners ("BOCC") approved a 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 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 1592 Siemens Industry, Inc. Page Two September 30, 2021 exceed $60,000.00 annually. Any final Agreement is subject to BOCC approval. We look forward to finalizing an Agreement with Siemens and continuing our professional relationship. Sincerely, cn=Kevin G.Wilson,P.E.,o=Monroe County,FL(the kevi @mo0nroeco15a04100s,c n", G;.1 ,..,.,.... v,c=US f Y- 9 Kevin G. Wilson Assistant County Administrator AGREED: SIEMENS INDUSTRY, INC. Mathewson Digitally at Mathewson Daniel DN:cn=Mathehewaoson Daniel, o=Siemens, Daniel email-danmathewson@siemens con BY: Date 2021.10.15 15 39 20-04'00' Dan Mathewson Branch General Manager Name Title Date: MONROr COUNTY ATTORNEWS OFFICE) 4VEDASTO r , ASS11STANT COUNTY ATTORNEY TE: 1593 A�® CERTIFICATE OF LIABILITY INSURANCE 7TE6/2022 /YYYY) 6/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH USA,INC. NAME' PHONE FAX 445 SOUTH STREET A/C No Ext: A/C,No): MORRISTOWN,NJ 07960-6454 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# CN102147003-RAM-PROF-22/23 228 GRAM NOC60 INSURERA: HDI Global Insurance Company 41343 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: 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 PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MMIDD/YYY MMIDD/YYY A X COMMERCIAL GENERAL LIABILITY GLD1110114 10/01/2022 10/01/2023 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X� OCCUR DAMAGES( RENTED PREMISES Ea occurrence) $ 1,000,000 MED EXP(Any one person) $ 100,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10,000,000 X POLICY❑ PRO JECT ❑ LOC PRODUCTS-COMP/OP AGG $ INCL OTHER: $ B AUTOMOBILE LIABILITY TC2J-CAP-7440L34A-TIL-22 10/01/2022 10/01/2023 COMBINEDINGLELIMIT Ea accidentS $ 2,000,000 X ANY AUTO �, BODILY INJURY(Per person) $ N/A OWNED SCHEDULED X AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ N/A HIRED NON-OWNED * """`' PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY W a." '� ', rv--�^^^^"' Per accident N/A $ UMBRELLA LAB OCCUR A I EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE WARN Nt �s- AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION UB-8P83929A-22-51-K(AOS) 10/01/2022 10/01/2023 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER C ANYPR0PRI ETO R/PA RT N E R/EX EC UT I V E Y/N N/A UB-8P79233A-22-51-R(AZ,MA,WI) 10/01/2022 10/01/2023 E.L.EACH ACCIDENT $ 1,000,000 B OFFICER/MEMBER EXCLUDED? 51 (Mandatory in NH) TWXJUB-7440L338-TIL-22(OH) 10/01/2022 10/01/2023 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under """"""'$500K LIMIT/$500K SIR"""""" DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A PROFESSIONAL LIABILITY EOD5618803 10/01/2022 10/01/2023 1,000,000 '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. SEE ATTACHED CERTIFICATE HOLDER CANCELLATION MONROE COUNTY BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE INSURANCE COMPLIANCE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 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(2016/03) The ACORD name and logo are registered marks of ACORD 1594 AGENCY CUSTOMER ID: CN102147003 LOC#: Morristown ACCORD ADDITIONAL REMARKS SCHEDULE Page 2 Of 2 AGENCY NAMED INSURED MARSH USA,INC. SIEMENS INDUSTRY,INC. 1000 DEERFIELD PARKWAY POLICY NUMBER BUFFALO GROVE,IL 60089-4513 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance RE:JOB NO.NA. MONROE COUNTY BOCC IS HEREBY ADDITIONAL INSURED AS OBLIGATED UNDER CONTRACT UNDER THE REFERENCED GENERAL LIABILITY AND AUTOMOBILE LIABILITY INSURANCE POLICIES. 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. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1595 POLICY NUMBER: TC2J—CAP-7440L34A—TIL-22 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.5., Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us, of the prior to, any "accident" or "loss", provided!: that the CONDITIONS Section: "accident" or "loss" arises out of the operations 5. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver ap,- ers To Us plies only to the person or organization desig- We waive any right of recovery we may have nated in such contract. against any person or organization to the extent CA T3 40 02 15 02015 The Travelers I riderrinity Company.AH rights reserved- Page 1 of 1 Includes copyrighted miateriall of Insurance Services Office, Inc. with its permission. 1596 POLICY NUMBER: GLD1 1101-14 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person OrOrgan:ization., ANY PERSON OR ORGANIZATION TO THE EXTENT REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "'your work"' done under a contract with that person or organization and included in the "products- completed operations hazard"'. This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 @ Insurance Services Office, Inc.,2008 Page 1 of 1, [3 1597 AMk TRAVELERV WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00)- POLICY NIUMBER: UB-8P83929A-22-51-K WAIVER OF OUR (RIGHT TO RECOVER FROM OTHERS IENDORSE,MENT 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 agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. DATE OF ISSUE': 08-29-22 ST ASSIGN: 1598