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5th Amendment 09/11/2024 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: September 18, 2024 TO: William DeSantis, Director Facilities Maintenance Chrissy Collins Executive Administrator Alice Steryou Contract Monitor FROM: Liz Yongue, Deputy Clerk SUBJECT: September 11, 2024 BOCC Meeting The following item has been executed and added to the record: C14 Fifth 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 in Monroe County facilities to renew the Agreement for the first of three optional renewals, increase the contract amount by the CPI-U of 3.4%, increase the not to exceed amount for additional repairs and services, and revises certain other County, State or Federal provisions. Funding is Ad Valorem and Fines and Forfeitures. 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 FIFTH AMENDMENT TO SOLE SOURCE AGREEMENT WITH SIEMENS INDUSTRY, INC. FOR TESTING, CERTIFICATION, AND MAINTENANCE OF ENVIRONMENTAL BUILDING MANAGEMENT SYSTEMS MONROE COUNTY, FLORIDA This Fifth Amendment to Sole Source Agreement is made and entered into this 11 th day of September, 2024, 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 Environmental Building Management Systems (EBMS) with a Desigo Enterprise BMS, due to EBMS no longer being supported, in the amount of$237,583.06, which would allow 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 completion of negotiations with Siemens and approval of the agreement 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 in Monroe County facilities ("Original Agreement"); and WHEREAS,on October 19,2022,the BOCC approved a First Amendment to the Original Agreement which increased payment amounts by five and five tenths' percent(5.5%)retroactive to October 1, 2022, and updated the Federal Required Contract Provisions; and WHEREAS,on March 22,2023,the BOCC approved a Second Amendment to Agreement 1 Fifdi Amendment to Siemens Agreement—Effective October 1,2024 which updated certain Federal provisions to allow additional necessary upgrades to current equipment by Siemens with funding from American Rescue Plan Act("ARPA") funds; and WHEREAS, on September 20, 2023, the BOCC approved a Third Amendment to Agreement which increased payment amounts by five and five tenths' percent(5.5%),effective as of October 1, 2023; and WHEREAS,on April 17, 2024, the BOCC approved a Fourth Amendment to Agreement which included Building Automation Integrations and Cloud Ops FDD Services and Monitoring for the new Emergency Operations Center, Lester Building (Rear), and Key West Library with each location having newly installed Siemens' sensors and equipment;clarified that the Fire Alarm Testing and inspection services were included for the Plantation Key Courthouse and Detention Center; added ten(10) additional critical points in the Siemens System Performance Monitoring; updated Exhibit "A" — Scope of Services and the accompanying Appendix "A", Maintained Equipment Table; and corrected or updated certain other County, State, or Federal contract provisions; and WHEREAS, Paragraph 3 of the Original Agreement provides that the three (3) year Agreement shall commence retroactive to October 1, 2021, and terminates September 30, 2024, unless terminated earlier in accordance with Paragraph 27 of this Agreement, with the option to renew for up to an additional three (3) one-year periods upon written notice given at least sixty (60)days prior to the end of the initial term; and WHEREAS,this Fifth Amendment is to amend the Original Agreement and exercise the first of the optional three(3), one-year renewals; 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 3 1"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, 2023, was three and four tenths' percent (3.4%). Therefore, pursuant to Paragraph 10. G. of the Original Agreement, the contract amount shall be increased by three and four tenths' percent(3.4%), which is less than the increase of five and five tenths' percent(5.5%),with an effective date of October 1,2024, pursuant to the terms of the Original Agreement, as amended; and WHEREAS, the parties find that it would be mutually beneficial to amend its Original Agreement, as amended, and enter into this Fifth Amendment to Agreement. 2 Fifdi Amendment to Siemens Agreement—Effective October 1,2024 NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. In accordance with Paragraph 3, Term of Agreement, of the Original Agreement, as amended,the parties wish to exercise the first of the optional three (3), one-year renewals, with the renewal term commencing on October 1,2024, and terminating on September 30, 2025. 2. Tn accordance with Paragraph 10.G.,Payments to Contractor,of the Original Agreement, as amended, the Contract amount shall be increased by the CPI-U of three and four tenths' percent(3.4%),as of December 31,2023,which is less than the five and five tenths'percent (5.5%). 3. Paragraph 10. E., Payments to Contractor,of the Original Agreement, as amended, shall be amended by replacing the current Paragraph 10. E. in its entirety and replacing it with the following paragraph to reflect the CPI-U increase as noted herein: 10. E. COUNTY shall pay to the CONTRACTOR for the performance of all services, except those identified herein as "Corrective Maintenance and Component Replacement" ("Additional Services"), on a per monthly in arrears basis, on or before the first (1s) day of the following month. The CONTRACTOR shall invoice the COUNTY monthly for the maintenance and testing performed under the Contract Documents contained herein. The Contract amount for the Maintenance and Testing Services,shall be increased with an effective date of October 1,2024,in the total annual amount of Three Hundred Twenty-nine Thousand,One Hundred Sixty and 31/100 ($329,160.31)Dollars, excluding Additional Services, and is set forth as follows: Monroe County Detention Center $101,771.24per year Plantation Key Detention Center and Courthouse $ 8,251.72 per year Sheriffs Administration Building $ 22,004.60 per year Monroe County Juvenile Justice Building $ 38,508.04 per year Monroe County Government Center(Marathon) $ 19,254.02 per year Medical Examiner's Office $ 8,251.72 per year Gato Building $ 8,251.72 per year Harvey Government Center $ 8,251.72 per year Murray Nelson Government Center $ 8,251.72 per year Jackson Square Key West Courthouse Annex $ 19,254.02 per year Jefferson B. Browne Building $ 8,251.72 per year Historic Courthouse $ 8,251.72 per year 3 Fifth Amendment to Siemens Agreement—Effective October 1,2024 Lester Building $ 8,251.72 per year Freeman Justice Center $ 8,251.72 per year Emergency Operations Center-—Automation Monitoring $ 4,455.72 per year Lester Building(Rear)—Automation Monitoring $ 4,455.71 per year Key West Library--Automation Monitoring $ 4,455.71 per year Sheriff s Administration Building—Cellular Dialer Off-Site $ 756.00 per year Monitoring PK Courthouse and Detention Center Fire Alarm Inspections $18,252.00 per year Extra 10 Points System Performance Monitoring(SPM) $12,927.77 per year Building Control Inspection Additions $ 8,800.00 per year TOTAL (Annually) $329,160.31 4. Paragraph 10. F. 4. of the Original Agreement, as amended,for payment of Additional Services to the CONTRACTOR, shall be deleted and replaced in its entirety with the following: 10. F. 4. Total Compensation to CONTRACTOR for Additional Services under this Agreement, as amended, shall not exceed Four Hundred Thirty-Two Thousand Four Hundred Forty-Three and 69/100 ($432,443.69) Dollars per contract year, unless pre-approved emergency work requiring additional funds is implemented and approved by the Board of County Commissioners. 5. Paragraph 14, PUBLIC RECORDS COMPLIANCE, of the Original Agreement, as amended, is hereby amended to delete Sub-paragraph (2) only within Paragraph 14, and replace it with the following paragraph: (2) Upon request from the County's custodian of records,provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. All other provisions of Paragraph 14 remain the same. 6. Additional County Forms are hereto attached which shall become a part of Exhibit "B" attached to the Original Agreement as set forth in Paragraph 40,ATTESTATIONS,of the Original Agreement, as amended. 7. Paragraph 54.1, Davis-Bacon Act, of the Original Agreement, as amended, is hereby revised to only reflect an updated Davis-Bacon Wage Determination Statement dated July 4 Fifdi Amendment to Siemens Agreement—Effective October 1,2024 12, 2024, which is attached hereto as Exhibit "C—2nd Revised" and made a part hereof. The reference in the first Paragraph 54.1 to the exhibit shall also be amended to reflect the new Exhibit"C—2nd Revised." All other provisions of Paragraph 54.1 remain the same. 8. Any reference to Exhibit "C" in the Original Agreement shall now be replaced to reflect Exhibit"C—2"Revised,as attached hereto. 9. Paragraph 54.5, Debarment and Suspension (Executive Orders 12549 and 12689), of the Original Agreement, as amended, is hereby revised to delete only the last sentence of Paragraph 54.5 and replace that sentence with the following: The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions,including that the award is subject to 2 C.F.R.Part 180 and the Department of the Treasury's implementing regulation at 31 C.F.R. Part 19. 10. Except as set forth in Paragraphs 1 through 9 of this Fifth 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] 5 Fifdi Amendment to Siemens Agreement—Effective October 1,2024 • IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have set their hands: i and seals the day and year first above written: : ./r Z,,;`f ;1(SE.r _)..\`\-- a1),•gib • :BOARD OF:COUNTY COMMISSIONERS 7:,`� 14`I .1; MADOK,CLERK OF MONROE COUNTY; FLORIDA -r S of�, • JçEV�� b,� . : . • 1 1 : ���:='c:'I ,c�a"„r.��§f5 `'I "\ vi!1;,[� 4 r �`�•``11�"�. tr••.+.dJf�C,�Y�V1r. LilLS'':\i'''''.111.1?,,7e''';;)\,:'L--fjji';1;-' y�.�.+cr'• ' `fin ' ��ka, Raj. di �4 . .""`"� . : i• H : : . 1 1 : I 1 . .. . -- . . . -i : . • . : . i . : ' : . : • H 1 ' . 1 ' • : ‘,,\ N �,_,A�}� ' %\ii;f2F-74 rzti-Tii,--,s, toAirq, ,. 4).119 - A .1 . • - - -• . : . -,,.`ti '" . ~ g/ ' ut Clerk Mayor ;. : date: 6V 11 70. If . : i : . . : . - : . Witnesses for CONTRACTOR:. • • CONTRACTOR: • SIEMENS INDUSTRY,INC. t1. -7�6 ('��e�G f� Electronically signed by:H. �1.(J V. Joe Summertin. signed Sep 08.46 Electronicallysi n d by: Date: 3 2024 EDT. t)E66(:,.' 'Zyf�'li Debbie Russel' By• Date:Sep 4,2024 13:56 EDT .. Signature of:person authorized to Signature legally bind Corporation:: . Da te:H. Joe:Summerlin • . Debbie Russel Branch General Brant FBA:Manager‘ Date Print Name Print Name and Title Mangier' Digi,aln'slpneA by Mangieh LouAnn _ _ : - : .DN'emMarglen LouAm,,c•DE, Ti.-�.,•Tt�'w ���, LouAnn ornmki«,mv,-mrcizimemena.com : -. ••.7- Do,e:zoza.os.o3 os:z,:re as oo ,.. ;1,..•.• k. - -, 7, . Fri Signature - rn r 7 1.000 LouAnn: C. Mangieri Contract Administrator ':1' Date Print Name .. :-1.<7: Y .' " MONROE COUNTY. •iTORNEY•'S OFFICE. • VEDAS lt102 ...) : : . i 1—.....e716. - - • PATFI1CIA ASSISTANT TTORNEY ATE: .. 8/28 024. . 6 Fifth Amendment to Siemens Agreement—Effective October 1;2024 EXHIBIT "B" ADDITIONAL COUNTY FORMS Fifth Amendment to Siemens Agreement—Effective October 1,2024 FOREIGN ENTITIES AFFIDAVIT F.S. 287.138 H. ��e u"x�ezz�u m�camac rz |' � ufthedtyo( ' according to law vnmy oath,and under penalty of perjury,depose and say that: o. | am szauuu General Manager of the firm of .Siemens Industry, Inc. ^codty^)' the bidder making the pmpu,a| for the project described in the Request for pmpu,ab for and that|executed the said proposal with full authority todoso; b. The Entity is not owned by the government of a foreign country of concern as defined in Section 287.138,Florida Statutes.(svurcc§287.1]8<2>(a)'Florida Statu,es>; C. The government ofa foreign country of concern does not have a controlling interest inEntity. (Source:§xu7.1ao(a)(b),Florida Statutes); d. Entity b not owned ur controlled by the government vfa foreign country d concern,m`definrdin Section 692,201,Florida Statutes.(Source:§2uo.00,(Z),Florida Statutes); e. Entity is not a partnership,association,corporation,organization,or other combination of persons organized under the laws of or having its principal place of business in a foreign country of concern, as defined in Section 692.201,Florida Statutes,or a subsidiary of such entity,(Source:§288.007(2), Florida Statutes); t Entity is not a foreign vhndpa|' as defined in Section 692.201, Florida Statutes. (Source: y esZ.2nZ(s}(a)<1)'Florida statute$; u. Entity isin compliance with all applicable requirements nfsectiou,s8lZo2,682.I03 aod69ZJ04, Florida Statutes. h. (Only applicable if purchasing real property) Entity is not a foreign principal prohibited from purchasing the subject real property.Entity is either(a)not a person or entity described in Section 692204(1)(a)' Florida Statutes, or (b) authorized under section 692.204(2). Florida statute,, to purchase the subject property. Entity is in compliance with the requirements of Section 692.204, Florida Statutes.(souoe:y§syz.zns<sKo}'oga.z04(a)(a),Florida Statutes) i 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. K�o�w��' JoeSurnmerfin H. Date:S"^aammoEDT (Signature) H.Joe 6ummedin Branch General Manager Date: STATE OF: COUNTY OF: (name Aoffiant).'He/She is personally known to me or has produced (type of identification)as identification. Notary Public-State ofFiorida r , My Comm,Expires Mar 21,2025 My Commission Expires: Bonded through National Notary Assn, Soscribed,and sworn to(or ffirmed)before me,by means of 'o-'hysical presence or 0 online notarization,on Fifth Amendment to Siernens Agreement—Effective October 1.2024 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/Vendor Name: Siemens Industry, Inc. Vendor FEIN: 13-2762488 H.Joe Summerlin Vendor's Authorized Representative: Branch General Manager Siemens Industry, Inc. (Name and Title) Address: 3021 N Commerce Avenue City: Miramar, FL 33025 State: Zip: Phone Number: 954-364-6600 Email Address: joesummerlin@siemens.com As a nongovernmental entity executing, renewing, or extending a contract with a government entity, Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As defined in Section 787.06(2)(a), coercion means: 1. Using or threating to use physical force against any person; 2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or service are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threating to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor, I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06. Additionally, Vendor has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. Certified By: H. Joe Summerlin , who is authorized to sign on behalf of the above referenced company. Authorized Signature: h Joe sramrytevCin J Su"vanyslgned byr H. Joe Summerlin d e: ep Print Name: H.Joe Summerlin Title: Branch General Manager 9 Fifdi Amendment to Siemens Agreement—Effective October 1,2024 Exhibit "C — 2nd Revised" DAVIS-BACON WAGES STATEMENT 10 Fifth Amendment to Siemens Agreement—Effective October 1,2024 W7/24,1:02 PM SAM.gov "General Decision Number: FL20240022 07/12/2024 Superseded General Decision Number: FL20230022 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 Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal 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 CFR 5.1(a)(1). lif the contract is entered Executive Order 14026 linto on or after January 30, generally applies to the 12022, or the contract is contract. renewed or extended (e.g., an The contractor must pay loption is exercised) on or all covered workers at lafter January 30, 2022: least $17.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2024. 1If the contract was awarded onl . Executive Order 13658 for between January 1, 2015 andl generally applies to the lianuary 29, 2022, and the contract. contract is not renewed or The contractor must pay alll lextended on or after January covered workers at least 130, 2022: 1 $12.90 per hour (or the applicable wage rate listed) on this wage determination, 1 if it is higher) for all hours spent performing on that contract in 2024. 1 1 1 1 The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a https://sam.gcv/wage-determination/FL20240022/3 117 11 Fifdi Amendment to Siemens Agreement—Effective October 1,2024 W27/24,1:02 PM SAM.gov conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2024 1 01/12/2024 2 03/15/2024 3 07/12/2024 ELEC0349-003 09/01/2023 Rates Fringes ELECTRICIAN......................$ 39.81 14.62 ---------------------------------------------------------------- ENG20487-023 07/01/2023 Rates Fringes OPERATOR: Crane All Cranes 75 Tons and below.......................$ 37.07 14.90 All Cranes Over 300 Ton, Electric Tower, Luffing Boom Cranes.................$ 40.40 14.90 Cranes 130-300 Ton..........$ 39.38 14.90 Cranes 76 ton to 129 Ton....$ 37.57 14.90 ---------------------------------------------------------------- IRON0272-004 10/01/2023 Rates Fringes IRONWORKER, STRUCTURAL AND REINFORCING......................$ 27.75 15.27 ---------------------------------------------------------------- PAIN0365-004 06/01/2021 Rates Fringes PAINTER: Brush Only.............$ 20.21 12.38 ---------------------------------------------------------------- * SFFL0821-001 07/01/2024 Rates Fringes SPRINKLER FITTER (Fire Sprinklers)......................$ 33.03 23.11 ---------------------------------------------------------------- SHEE0032-003 08/12/2023 https://sam.gov/wage-determinationIFL2024OD22/3 2/7 12 Fifdi Amendment to Siemens Agreement—Effective October 1,2024 8(27/24,1:02 PM SAM.gov Rates Fringes SHEETMETAL WORKER (HVAC Duct Installation)....................$ 29.10 14.68 ---------------------------------------------------------------- * SUFL2009-059 05/22/2009 Rates Fringes CARPENTER........................$ 15.08 ** 5.07 CEMENT MASON/CONCRETE FINISHER...$ 12.45 ** 0.00 FENCE ERECTOR....................$ 9.94 ** 0.00 LABORER: Common or General......$ 8.62 ** 0.00 LABORER: Pipelayer..............$ 10.45 ** 0.00 OPERATOR: Backhoe/Excavator.....$ 16.98 ** 0.00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete).........$ 9.58 ** 0.00 OPERATOR: Pump..................$ 11.00 ** 0.00 PAINTER: Roller and Spray.......$ 11.21 ** 0.00 PLUMBER..........................$ 12.27 ** 3.33 ROOFER: Built Up, Composition, Hot Tar and Single Ply.......................$ 14.33 ** 0.00 SHEET METAL WORKER, Excludes HVAC Duct Installation...........$ 14.41 ** 3.61 TRUCK DRIVER, Includes Dump and 10 Yard Haul Away............$ 8.00 ** 0.15 ---------------------------------------------------------------- WELDERS - 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 ($17.20) or 13658 ($12.90). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party. https://sam.gov/wage-determinationIFL2024OD22/3 3/7 13 Fifdi Amendment to Siemens Agreement—Effective October 1,2024 W7/24,1:02 PM SAM.gov Note: Executive Order (EO) 13706, 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 ED, the contractor must provide employees with 1 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-related 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 employee) who is a victim of, domestic violence, sexual assault, or stalking. 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 labor standards contract clauses (29CFR 5.5 (a) (1) (iii)). ---------------------------------------------------------------- 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 Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAW"' denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this 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. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. https://sam.gcv/wage-determination/FL20240022/3 417 14 Fifdi Amendment to Siemens Agreement—Effective October 1,2024 &27/24,1:02 PM SAM.gov Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted 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, 007 in the example, is an internal number used in producing the wage determination. 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 effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority 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 that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in 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. State Adopted Rate Identifiers Classifications listed under the ""SA"" identifier indicate that the prevailing wage rate set by a state (or local) government was adopted under 29 C.F.R ®1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 01/03/2024 reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted. https://som.gov/wage-determination/FL20240022/3 5/7 15 Fifdi Amendment to Siemens Agreement—Effective October 1,2024 8/27/24,1:02 PM SAM.gov ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * 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, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). 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 information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 https://sem.gcv/wage-determination/FL20240022/3 617 16 Fifdi Amendment to Siemens Agreement—Effective October 1,2024 W27/24,1:o2 PM SAM.gov 4.) All decisions by the Administrative Review Board are final. ---------------------------------------------------------------- ---------------------------------------------------------------- END OF GENERAL DECISION" https://sEim.gov/wage-determination/FL2024002213 7/7 17 Fifdi Amendment to Siemens Agreement—Effective October 1,2024 A��" CERTIFICATE OF LIABILITY INSURANCE °;ppg1 23°"r"` 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.L-C. NAME: 445 SOUTH STREET PHONE A Ne MORRiSTOWN,NJ 07960-6454 E4AaL ADDRESSi INSURERS AFFORDING COVERAGE NAIC 0 CN102147003•RAM-23R4 4433 MANGO NOC60 INSURER A:HDI Global Insurance Company 41343 INSURED SIEMENS INDUSTRY,INC. INSURERS Travelers Prope5y Casua Co of America 25674 1000 DEERFIELD PARKWAY INSURER C:Travelers CaskiaiN d SurSty ComQanX 19038 BUFFALO GROVE,IL 9-4513 INSURER D s INSURER E: INSURER F; COVERAGES CERTIFICATE NUMBER: NYC-011722700.01 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. IITR ADDTYPE OF INSURANCE L S B POLICY NUMBER MMI°D_12606Y EFF- PM�EXP �EACH LIMITS LTR A X COMMERCIAL GENERAL LIABILITY IGLW110115 10101)2023 ;:1010112024 OCCURRENCE $ 1,000„00O CL4IMS-MADE ...,, OCCUR MED EXP(Any one Person) __... , x_ .�.._ L .. $ .. 1,0110 0d� .� _ XP $ 100 000 x1,,000,000 �..m.. AGGREGATE $ 10„00O,O0D POLICY AGGREGATE LIMIT APPLIES PER: 1 GENERALAGG N'L.AGGREGA���� �..,_ G $ INCL X LOD PRODUCTS-COMPIOP AG OTHER: $ AUTOMOBILE LIABILITY TC2J-CRP-7440L34A-TIL-23 %Q112023 10101I2024 COMBINED SINGLE LIMIT 0 B Au TO BODILY -a t.Y_ ANY BOD ..mm 000 00 acdolA !.. OWNED ... SCHEDULED BIY INJURY(Per psrsoawd r NI$ AUTOS ONLY ALTOS de 19 $ NIA AAUTOS ONLY X AUTOS ONLD II p CYPERTY�aMAfaE $ NIA P g,er acadenl UMBRELLALIAR11 CUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION LIB-8P839 -23.51-K(ADS) 110101,7023 10101024 X PER ITH- ANDEMPLOYERS'LIABILITY ,STATUTE . „ER w,,,,,,,,,,,,, ,,,,�_. C YIN UB-6P79233A-23-51-RQAZ,MA,WI) 10�1P2023 10r01c2024 EACH ACCIDENT $ �_ ,000000 OFFICERIMEMBE1 Mandatory in NHREXCLUDED7 N N r A E.L. „„.... ANYPROPRIETORfPARTNERIEXECUTIVE E.L ® TWXJ-UB7440L33823(OH 10r012023 10J()192024 DISEASE-EA EMPLOYE $ 1„000,000 IIyam.daaraiba under k, __._..._.m ..................................................„......................... DE RIPTION OF OPERATIONS Wrawr $500K LIMIT 1$50DK 51R °"" E.L.DISEASE-POLICY LIMIT $ 1„000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached H mote space is required) RE:006MZ000DD6M2KXAS tl BFL2 BAU ES MONROE COUNTY SA RENEWAL 144P RISK=i6,, SEE ATTACHED ..,,�i1,„ w!! i w CERTIFICATE HOLDER CANCELLATION MONROE COUNTY BOCC 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 LLC 1988 2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN102147003 LOC#: Morristown ACCM0 ADDITIONAL REMARKS SCHEDULE Page 2 of 2 III., AGENCY NAMED INSURED MARSH USA,LLC- SIEMENS INDUSTRY,INC. 1000 DEERFIELD PARKWAY POLICY NUMBER BUFFALO GROVE,IL M9-4513 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 W6MZ0000D6M2KKJAS ,BFL2 BAU ES MONROE COUNTY SA RENEWAL MONROE COUNTY BOARD OF COUNTY COMMISSIONERS,1100 SIMONTON STREET,KEY WEST,FL 3304015 HEREBY ADDITIONAL INSURED AS OBLIGATED UNDER CONTRACT UNDER THE REFERENCED GENERAL LIABILITY AND AUTOMOBILE IJABILITY INSURANCE POIUC;ES SUCH INSURANCE AS IS AFFORDED BY THE ADDITIONAL INSURED ENDORSEMENT SHALL APPLY AS PRIMARY fNSURANCE&OTHER INSURANCE MAiNTAINED BY THE CERTIFICATE HOLDER SHALL BE EXCESS ONLY&NOT CONTRIBUTING WITH INSURANCE PROVIDED UNDER THIS POLICY. WAIVER OF S,RROGATION fS EFFECTUA,WHERE REQUIRED BY WRITTEN CONTRACT COMPLETED OPERATIONS COVERAGE PS INCLUDED IN THE GENERAL LIABILITY POLICY IF THESE POLICIES ARE CANCELLED FOR ANY REASON OTHER THAN NONPAYMENT OF PREMIUM,THE INSPJRER WILL DELIVER NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER UP TO 60 DAYS PRIOR TO THE CANCELLATION OR AS REQU,,,RED BY WRITTEN CONTRACT,WHICHEVER TS tESS aw ACORD 101 (2008101) 0 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTO POLICY NUMBER: ISSUE DATE: - - TC2J-CAP-7440L34A-TIL-23 09 29 23 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 modi. fied 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 Organization(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, if 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. sion contained in Paragraph A.1. of Section 11 - Cov- CA 20 48 10 13 Insurance Services Office, Inc., 2011 Page 1 of 1 COMMERDAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorse- required of you by a written contract executed meni, the provisions of the Coverage Form apply prior to any "accident" or "loss", provided that the unless modified by the endorsement. "accident" or "loss" arises out of the operations Paragraph 5. Transfer of Rights Of Recovery contemplated by such contract. The waiver ap- Against Others To Us of the COND@TIONS section plies only to the person or organization desig- is replaced by the following. Hated in such contract. 5. Transfer Of Rights Of Recovery Against Oth- ers To Us We waive any right of recovery we may have against any person or organization to the extent CA T3 40 08 08 0 2008 The Travelers Companies,Inc. Page 1 of 1 HDI GLOBAL INSURANCE COMPANY ENDORSEMENT#31 PolllcyNwrtber Nm ardirtsured CAD1110115 SIENENSCORPORA"I ON Pak!►lae tod: E ctln Deband 10-01-2023 10.012024 Thm ofEndor senout 10401-=12:01 am.Standard Time atAddf+sasoftho insMed. 77ds Em*vs=wtCl wWw Tb@ Pb#cy. Phase Read!!Cxdeflydfj►. This modifies Ir�arece I underthe foNawing: CenmwddGsrsarai Llisbiity/CaysnW Fw..r Who Is an Insured Is amended to Include as an adMonal insured any person whom you are required to add as an addlllonal InsunWI on this policy under a wrben agreement,but only with respect 1>D liability for INW4 Injury', property damage'or"personal and advertising lnjury caused.In whole or in part, by:1.Your ads or omissions;or 2.The ads oromissions of those acing on your behalf.The Insurance coverage provided to such addidonel insured applies only to the efxi ant required wMdn the wrlden agreenserst. The Insuranoscoverege pvAded to the addidonal Insured person shall not provide any broader cover4e thanyou are taqukedl pmvldeto the addlMonal Insured pennon in the written agreamentoW shall nut provide Ilmllss of InsuranostM exceed the lower of the IUnft of Insurerm pry dedl to you in this po6cy,orthe limits of Insurance you are reqLdred to provide in ttowritten gIreement. The Insuramw provided to the additional insured by this endorsement Is wtcess over any valid and colledlble other insurance,whether .eowess,amlinpK or an anyatherbasis,that Is avellableto the addi&md Insured for a loss we cover under this enclareernent However,If to writ m agreerserd speciftelly requires that this Insurance apply on a primary basis,this Insurance is primary.If the rrr[t en agreement specilkaly requires ft Inaumnce apply on a primary and r4rHxwdftj1wy basis this hssuranceIs prlmaryto other insurance available b the additional Insured and we will not share with thatother Insurance. This endorsementshall prevall over additional Insured endorsernerds do may apply underthis policy unless required otherwise In thewrittennmernent. Auuxdwd I' eser>ks i ve All terms and conditlor►s of the policy remain unchmWed. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. PW- POLICY NUMBER GLDI IIO115 COMMERCIAL.GENERALLIABRITY CG 24 04 0509 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance pro u irisd under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITYCOVERAGE PART SCHEDULE Nara Of Pera m OrOrganta®tion: ANY PERSON OR ORGANIZATION TO THE EXTENT REQUIRED BY WRITTEN CONTRACT Irdiormafion nmulred to co eta this Schedule,If not shown above will be shown In,the Declarations. The following Is added to &17 an I r Of Rlghft Of Rimmery Against To Us of Secllon IV—Condillons: We waive any right of recovery we may have against the person or organbMm shown in the Schedule above because of payment we make for Injury or damage arising out of your ongoing operations or 'your woW done under a contract with Mat person or organization and included in the Wuc ts-completed operations hazarT. This waiver applies any to the person or or+gani¢allon shown In the Schedule above. CO 24 04 05 09 0 Insurance Services Office, Ina,2W8 Pap 1 *(I 0 NAMED INS D: SIFUMNS CORPORATION POLICY EFFECTIVE: 10/01/2023 TO 10/01/2024 TRAVELERS J� WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00)- POLICY NUMBER: UB-SP83929A-23-51-K WAIVER OF OUR RIGHT 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 iin 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: 08-03 23 ST ASSIGN: POLICY NUMBEk GLD1110115 IL SU 4004(1a1Dy HDI GLOBAL INSURANCE COMPANY THIS PENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION AMENDMENT SCHEDULE Name,Address and EaNall Address ofOther gan Number of Days Notice: s)t Or - - 1(s): Par schedule on file with the Company. 60 Days.or as required by contrack whiclw4w is lass (lf no entry appears above,the inforrnatlon required to complete this endorsement wll be shown In the Declarations as applicable to thiserKicmnrent:) I. If we cancel this policy by notice to you for any sWh t dy permitted reason other than nonpayment of premium,we shall endeavor to mall,email or deliver a copy of such written notice of canoella Lion to the person(s)or organization(s)shown in the Schedvieabove. IL A copy of the notice,per paragraph I.above,wig be mailed,e-malled or delivered: 1. To the appropriate addresses corresponding to the person(s)or orgsnhatlon(s)shown in the Schedulsabove; and 2. The number of days required for notice of canoeliation,as provided in paragraph AZ of the Common Policy Condbone or as amended by an applicable state cancellation endonwnent or by the data as shown in the Schedule above III. Our failure to provide such advance notiflcatlon to the pwson(s)or organizations)shown in the Schedule ofthis endorsement will not odend any policy cancellation date nor negate any cancellation of the policy. All curer berms and conditions of this policy remain unchanged. Page 1 of 1 IL SU 4004(10.10)