HomeMy WebLinkAbout01/28/2026 Agreement GVS COURTq°
o: A Kevin Madok, CPA
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�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
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DATE: February 5, 2026
TO: Kevin Wilson
Assistant County Administrator
William DeSantis, Director
Facilities Maintenance
Chrissy Collins
Executive Administrator
Stan Thompson
Contract Manager
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FROM: Liz Yongue, Deputy Clerk
SUBJECT: January 28, 2026 BOCC Meeting
The following item has been executed and added to the record:
C20 Non-Disclosure Agreement with Schneider Electric to allow Schneider access to
building plans that are exempt from disclosure because of their sensitivity. Schneider submitted
an unsolicited proposal to evaluate utility costs at 15 County buildings at no cost to the County.
To conduct the study Schneider requires access to the plans. Utility audits are included in the
Projects listed in the Monroe County Sustainability Plan
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
AGREEMENT BETWEEN MONROE COUNTY AND SCHNEIDER
CLECTRIC INC PROVIDING FOR ACCESS TO BUILDING PLANS
BUILDING MANAGEMENT SYSTEMS,-HEATING VENTILATION & AIR
CONDITIONING PLANS, FIRE ALARM PLANS & RELATED DOCUMENTS
FOR THE PURPOSE OF PERFORMING AN ENERGY USAGE ANALYSIS
AND PROPOSAL FOR SELECTED MONROE COUNTY BUILDINGS AND
FOR THE PREVENTION OF THE UNAUTHORIZED DISCLOSURE OF
SUCH PLAN Y STEMS
& RELATED DOCUMENTS
28th
January, 2026 `�
THIS AGREEMENT is entered into this day of a by and
between Monroe County, a political subdivision of the State of Florida, by and through its
Board of County Commissioners (hereinafter "COUNTY"), the address of which is 1100
Simonton Street, Key West, Florida 33040, and Schneider Electric Buildings Americas,
Incorporated ("CONSULTANT"), a Foreign Profit Corporation organized under the laws of the
State of Delaware and authorized to transact business in the State of Florida, the principal address
of which is 1650 West Crosby Road; Carrollton, Texas 75006.
WITNESSETH:
WHEREAS, the COUNTY has received an unsolicited inquiry from the
CONSULTANT to evaluate the energy usage of the COUNTY building systems and develop
a proposal to finance, design and install improvements to building operations systems,
including HVAC and related monitoring and alarms systems, with the stated purpose of
reducing overall energy usage and costs,with the cost savings to be used to finance,in part or
in whole, the proposed improvements, hereinafter referred to as "Consultant Proposal"; and
WHEREAS, Section 119.0701, Florida Statutes, requires that any the COUNTY
records provided to the CONSULTANT to perform its evaluation that include public records
that are exempt or confidential and exempt from public records disclosure requirements are
not disclosed except as authorized by law for the duration of the term of the Consultant
Proposal and following completion of the Consultant Proposal if the CONSULTANT does
not transfer the records to the COUNTY; and
WHEREAS, during the course of its evaluation, the CONSULTANT would be
required to comply with Florida public records laws including,but not limited to,Chapter 119,
Florida Statutes and Article I, Section 24 of the Florida Constitution; and
WHEREAS, the COUNTY shall not be obligated to accept the Consultant Proposal
not reimburse the CONSULTANT for any costs incurred by the CONSULTANT for the
development of the Consultant Proposal; and
WHEREAS, the Consultant Proposal may be considered an unsolicited proposal to
the COUNTY as provided in Section 255.065, Florida Statutes and, if so considered, the
COUNTY would be required to publicly advertise for competing proposals from other
potential consultants; and
WHEREAS, included within the documents in the possession of Monroe County to
which the CONSULTANT must have access in order to conduct its energy use analysis are
"building plans,HVAC plans,fire alarm plans,blueprints,schematic drawings,and diagrams",
including draft, preliminary, and final formats, which depict the internal layout and structural
elements" of Monroe County buildings; and
WHEREAS,in the course of conducting its energy usage analysis of Monroe County
buildings, the CONSULTANT may need to review and examine the "HVAC management
systems, and the security or fire safety system plans" thereof including "records,information,
photographs, audio and visual presentations, schematic diagrams, surveys, recommendations,
or consultations or portions thereof relating directly to the HVAC management systems,
including related physical security or fire safety systems of the facility or revealing security or
fire safety systems" and
WHEREAS, said building plans,building management systems, blueprints, schematic
drawings and diagrams are exempt from public records disclosure pursuant to Subsection
119.071(3)(b), Florida Statutes;and
WHEREAS, said security or fire safety system plan is exempt from public records
disclosure pursuant to Subsection 119.071(3)(a), Florida Statutes; and
WHEREAS, pursuant to Subsection 119.071(3)(b)(3)(b), Florida Statutes, said
building plans, blueprints, schematic drawings and diagrams may be disclosed "to a licensed
architect, engineer, or contractor who is performing work on or related to the building";and
WHEREAS,pursuant to Subsection 119.071(3)(a)(3)(b),Florida Statutes, said security
or fire safety system plan may be disclosed in furtherance of the official duties and
responsibilities of the agency holding the information".
NOW THEREFORE,in consideration of the mutual promises of the parties to this
Agreement and other terms and conditions set forth herein, the COUNTY and
CONSULTANT agree as follows:
SECTION 1. RECITALS.
The above Recitals are true and correct and are incorporated herein and made a part
hereof by this reference.
2
SECTION 2. PURPOSE.
The purpose of this Agreement is solely to govern the disclosure and retention during
the time necessary for the CONSULTANT to complete the energy usage analysis and the
return to the COUNTY of copies of records exempt from public records disclosure pursuant
to Chapter 119, Florida Statutes or,if such return is not possible, the destruction thereof.
SECTION 3. DISCLOSURE OF RECORDS BY COUNTY
A. Pursuant to Subsection 119.071(3)(a)(3)(b), Florida Statutes, the
COUNTY hereby shall disclose to the CONSULTANT said building management system
plans, security or fire safety system plans "in furtherance of its official duties and
responsibilities" to assure that the Monroe County building management systems are properly
maintained, properly configured and fully functional.
B. Pursuant to Subsection 119.071(3)(b)(3)(b), Florida Statutes, the
COUNTY hereby shall disclose to the CONSULTANT said building management system
plans, blueprints, schematic drawings and diagrams in its capacity as a licensed architect,
engineer, or contractor performing work on or relating to the Monroe County building
management and systems.
SECTION 4. USE OF DISCLOSED RECORDS BY CONSULTANT
A. Pursuant to Subsection 119.071(3)(a)(3)(b), Florida Statutes, the
CONSULTANT shall utilize said building management system plans, security or fire safety
system plans solely for the purpose of performing its energy usage analysis of Monroe County
buildings as agreed to by the COUNTY.
B. Pursuant to Subsection 119.071(3)(b)(3)(b), Florida Statutes, the
CONSULTANT shall utilize said building plans, HVAC management systems, blueprints,
schematic drawings and diagrams solely for the purpose of performing its energy usage analysis
and implementation plan for Monroe County buildings in accordance with Consultant
Proposal prepared for the COUNTY.
C. Pursuant to Subsection 119.071(3)(b)(4), Florida Statutes, the
CONSULTANT shall maintain the exempt status of the information contained in the security
or fire safety system plan and building plans, HVAC management systems blueprints,
schematic drawings and diagrams during the time such information is within its possession.
D. The security or fire safety system plan and building plans, HVAC
management systems, blueprints, schematic drawings and diagrams shall be available only to
those officers and employees of the CONSULTANT whose official duties require such access
in order to perform their essential functions in preparing the Consultant Proposal.
3
a
SECTION 5. DISPOSITION OF DISCLOSED RECORDS
A. Should the COUNTY and CONSULTANT mutually agree to execute a
separate Consultant Agreement to implement the Consultant Proposal, said Consultant
Agreement shall include provisions to transfer the HVAC management system plans, security
or fire safety systems plans and building plans, blueprints, schematic drawings and diagrams
disclosed to the CONSULTANT back to the COUNTY upon completion of the scope of
work of the Consultant Agreement and the CONSULTANT shall not retain any duplicate
copies of the HVAC management system plans, security or fire safety system plans and
building plans,blueprints, schematic drawings and diagrams disclosed to the CONSULTANT
pursuant hereto but, instead, shall transfer possession thereof to the COUNTY or, if such
transfer is not possible, said copies shall be destroyed.
B. Upon the completion of the scope of work of the Consultant Agreement
to implement the improvements to energy management systems in Monroe County buildings
and contemporaneously with the submission of its report detailing the results of its findings
to the COUNTY, the CONSULTANT shall submit to the COUNTY a signed and sworn
certification that any copies of the security or fire safety system plan and building plans,
blueprints, schematic drawings and diagrams disclosed to the CONSULTANT in order to
perform its energy usage analysis that have not been returned to the COUNTY have been
destroyed and no such copies have been retained.
D. Submission by the CONSULTANT to the COUNTY of certification
that any copies of the security or fire safety system plan and building plans, blueprints,
schematic drawings and diagrams disclosed to the CONSULTANT in order to perform its
energy analysis and any implementation of energy management system improvements that
have not been returned to the COUNTY have been destroyed shall constitute a condition
precedent to the processing of payment to the CONSULTANT for its services pursuant to
any executed agreement to implement the Consultant Proposal.
This Agreement is entered into as of the day and year first written above and is executed in at
least one (1) original copy.
Execution by the CONSULTANT must be by a person with authority to bind the entity.
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE
NOTARIZED.
4
Attest: KEVIN MADOK, Clerk: BOARD OF COUNTY
COMMISSIONERS OF
MONROE Y,
FLORIDA
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Deputy. Clerk Mayor/Chairman
Date. 1 a M' Z c.?� Date: If2SjZ02j
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MONROE COUNTY ATTORNEYS OFFICE
4..6,-, /4..ti 23. . .,...._ APPROVED AS TO FORM
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: :.. • '.ANY COUNTY ATTORNEY
-� ; _; ! DATE 11-24-2O2_i
'CONSULTANT'S Witnesses Attest: CONSULTANT:. SCINEIDER.
ELECTRIC,INCORPORATED. . . . �
CONSULTANT must provide two
witnesses' signatures ' •• • .: ..: : :• • � . �: :
Signatur ./...4
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Date: Date.
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Name: 4MW'h7A tr (SEAL)Print.N � .
Date.' _.., ,
STATE OF A I abarnoL .
COUNTY OFT�f-NV�SQO
On this 3_ day of_ Cryl er , 20aff me, the undersigned
ilotaq public:, by means of V"physical presence or ❑ online, personally appeared
dir,f 6yy er oaf , known to me to be the person whose name is subscribed above or who
produced i eve s! as identification.
Notary Public k;
Print Name Ad
My commission expires: 30 7' q3 (SEAL)
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Monroe County is interested in evaluating the current state of business operations with the purpose of identifying future
opportunities for enabling the goals, mission and direction of the organization. This letter is to authorize Schneider
Electric to proceed with a Business Case analysis at no financial obligation to the county.
SECTION 1:
Customer agrees to provide the following:
A) Complete access to facilities for Schneider Electric's Certified Energy Managers and Energy Analysts for
the purpose of surveying types of equipment and operating characteristics;
B)Necessary utility data, as requested;
C)Access to personnel to discuss operating requirements; and
D) Opportunities for customer representatives to meet with Schneider Electric for the review of the Business
Case analysis.
SECTION 2:
Schneider Electric will provide the customer with the following:
A) Identification of organization goals/mission/vision of Monroe County;
B)A current state operations analysis including potential cost savings estimates;
C) Identification of potential solutions opportunities for advancing organizational goals;
D)A financial analysis/overview for savings and overall economic impact;
E)A means for addressing public awareness and community engagement opportunities.
Schneider Electric Buildings Americas,
Monroe County Inc.
1 Digitally signed by Kevin G.
Wilson,P.E. Ir
By /J Date:2025.11.24 11:25:35-05'00' By
(Signature) (Signature)
Print Print
Name Kevin Wilson Name Ben Thomson
Title Assistant County Administrator Title Program Manager
Date Date October 21 st,2025
MONROE COUNTY ATTORNEY°'S.OFFNCE
APPROVED AS TO FORM
,,.,.,_AOSISTA'{JT OOUNTYATTORNEY
DA:Te: 11-242025
Energy&Sustainability services Proprietary and Confidential
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