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HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-161Temp Reso # 10776 Page 1 of 4 August 5, 2005 Revision 1 —August 12, 2005 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2005 -_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH WACKENHUT CORPORATION FOR SECURITY SERVICES ADOPTING BY REFERENCE ALL OF THE TERMS AND CONDITIONS CONTAINED IN BROWARD COUNTY CONTRACT # RLI-2003- 0902-0-FC-01; AUTHORIZING AN ANNUAL EXPENDITURE OF FUNDS IN AN AMOUNT NOT TO EXCEED $52,000; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 1998 the City significantly enhanced the security of its municipal facilities through the installation of an integrated security management system; and WHEREAS, subsequent to the installation of the security system a security officer was deployed at City Hall in order to provide enhanced security at this facility; and 1 Temp Reso # 10776 Page 2 of 4 August 5, 2005 Revision 1 —August 12, 2005 WHEREAS, the City has been utilizing the services of the Wackenhut Corporation for this purpose since the beginning of 2000 and is satisfied with these services; and WHEREAS, the City, utilizing the provisions of City of Tamarac Code §6- 155, has elected to procure security services from the Wackenhut Corporation utilizing a Broward County Board of County Commissioner's Agreement # RLI- 2003-0902-0-FC-01 rather than initiating a City bid process; and WHEREAS, the Broward County Board of County Commissioners Agreement (RLI-2003-0902-0-FC-01) with the Wackenhut Corporation, awarded on June 21, 2005, provides for security services at Broward County Government facilities for an initial period of approximately three (3) years, with a renewal option for two (2) one-year periods, a copy of said Agreement attached hereto as Exhibit A of Exhibit 1; and WHEREAS, both Broward County and the Wackenhut Corporation will extend the terms and conditions of the Broward County Agreement to the City of Tamarac for the same period, as evidenced in Exhibit 2; and WHEREAS, funding exists in the General Fund for this purpose; and WHEREAS, the Director of Public Works, and the Purchasing/Contracts Manager recommend that the City of Tamarac purchase security services from the Wackenhut Corporation for a three (3) year period utilizing Broward County 1 1 Temp Reso # 10776 Page 3 of 4 August 5, 2005 Revision 1 —August 12, 2005 Agreement # RLI-2003-0902-0-FC-01 in an annual amount not to exceed $52,000; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the residents of the City of Tamarac to purchase security services from the Wackenhut Corporation for a term of approximately three (3) years through September 30, 2008 utilizing Broward County Agreement # RLI-2003-0902-0-FC-01 in an annual amount not to exceed $52,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: The appropriate City Officials are authorized to execute an Agreement with Wackenhut Corporation, adopting by reference all of the terms and conditions contained in Broward County Contract # RLI-2003- 0902-0-FC-01, a copy of said agreement attached hereto as Exhibit 1. SECTION 3: An annual expenditure of funds in an amount not to exceed $52,000 is hereby approved. SECTION 4: All resolutions or parts of resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. Temp Reso # 10776 Page 4 of 4 August 5, 2005 Revision 1 —August 12, 2005 SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this W— day of , 2005. E SCHREIBER MAYOR TTEST: " l � �' RECORD OF COMMISSION MARION S ENSON, CMC MAYOR SCHREIBER CITY CLERK DIST 1: COMM. PORTNER _ DIST 2: V/M TALABISCO DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS — I HEREBY CERTIFY that — I have approved this RESOLUTION as to form. SAMUEL S. GOREN INTERIM CITE' ATTORNEY J 1 PREVIOUS ITEM TR10776 - EXHIBITA of BROWARD COUNTY r / BOARD OF COUNTY COMMISSIONERS I _TEM k if BR.,01,N)ARD AL: COUNTY AGENDA ITEM Meeting Date 06/21/05 Page 1 of 3 q Requested Action (Identify appropriate Actiom or Motion, Authority or Requiremem lot Item and identify the outcome andfor purpose of item.) MOTION TO APPROVE Agreement between Broward County and Wackenhut Corporation, RLI No. 20030902-0-FC-01, to provide security services for various Broward County agencies providing various levels of security personnel, associated security equipment, and security vehicles at the rates indicated, effective upon Board approval, at an estimated cost to the County for the first year of the contract of $4,300,000-- and for a term of approximately three years through September 30, 2008, with two one-year re"al options; and authorize the Mayor and Clerk to execute same. Why Action is Necessary: In accordance with Broward County Procurement Code, Section 21.31.aA, the Board shall award contracts greater than $250,000. What Action Accomplishes: Provides security services for various Broward County agencies, Is this Action Goal Related? E] Yes No (The first sentence includes the Agency recommendation. Provide an executive summary of Summary Explanation/Backgrourld the aclon that gives an overview or the relevant details lot the item. Identify how item meets ------ . ..... Commission Challenge Gcal,) PUBLIC WORKS AND TRANSPORTATION DEPARTMIENT/FAG ILI TIES MAINTENANCE DIVISION RECOMMENDS APPROVAL The RLI contained a 20% M/WBE participation goal for the contract. The Small Business Development Division conducted a review of proposed MNVBE participation. The SBDD Memorandum dated February 18, 2004 concludes that compliance procedures proposed by the vendor meet the requirements established by the RLI. On July 7, 1998, (Item No. 5) the Board approved the original contract with Wackenhut for a term of 5 years. In June of 2003, staff initiated the RLI process in order to secure a new contract proposal prior to expiration of the original contract with Wackenhut. On July 1 "', 2003, a motion to reject all responses to the RLI was placed on the Board Meeting Agenda as Item No. 67. The item was withdrawn. On July 8, 2003, (Item No. 25), an open-end interim contract with Wackenhut was approved by the Board on a month -to -month basis until a new termed contract could be put in place. On September 23, 2003, (Item No. 95) the Board moved to reject all responses to the RLI, and all bids were refused or returned unoDened. Authorized Signature —1 Scheduling ($19nalumconflems thotroquired approvals hon other agencies have been recelvecl —e.g. Purchasing, Budget, Rlsk Ugn-k Attorney) Cowlq ACIMA m4isia Signature: Date: Type. Name. Titit, Agency, and Phone I�W� Richard Brossard. Director, Public Works and Transportation Department 954-357-6410 Source of additional Information: Type Name, Agency, and Phone Paul Curry, Maintenance Contracts Supervisor, Facilities Maintenance Division, 954/357-6486. J,,)rrn 1117-1 -A R,,,,­J 11'2/01MA Continued Paqe 2 of 3 In October of 2003, an S/NC meeting was held to discuss the evaluation process to be followed; the RLI was sent to vendors and responses received. In January of 2004, the Staff Evaluation Committee performed an evaluation of the responses. In February of 2004, the Small Business Development Division conducted a review of the RLI responses received regarding proposed MinorityANomen Business Owned Enterprise (MIVVBE) participation goals. The review identified the vendor responses in compliance with the requirements established by the RLI. In March of 2004, the S/NC met and shortlisted the vendors, In June of 2004, the SINC met to receive presentations, selected the preferred vendor, and authorized negotiations with Wackenhut. Shortly thereafter, a Protest was received on the basis that the proposed subcontractor for Wackenhut was in Chapter 11 Bankruptcy. A Protest Response was prepared by the Purchasing Division and the protest was rejected. In October of 2004, the S/NC met to discuss the response to the protest and heard Wackenhut report on the financial status of its subcontractor. No additional action was taken that would change the preferred vendor status. Later in October of 2004, a draft agreement previously used for the RU process was forwarded to the Assistant County Attorney for review. This draft was to serve as the basis for the new agreement. During negotiations between October 2004 and May 2005, several meetings were held by Staff and Wackenhut to establish pricing, pricing escalators and the impact of the Living Wage Ordinance on levels of service to be provided. Additional language to the contract was required for M/VVBE goals and the Living Wage Ordinance. Draft agreements were reviewed, revised, and transmitted to the Staff Negotiating Committee in May of 2005. In June of 2005, the Staff Negotiating Committee met to review the draft contract, discuss, and agree upon the pricing terms of the proposed contract. The following week, the Staff Negotiating Committee met again for final negotiations and approval of the contract. This Agreement will replace the open-end interim contract with the Wackenhut Corporation for security services. (include projecWd cost. approved Oudgel amount and account number, source of f unds, and Fiscal ImpacitiCost Summary any future funding reCluirernents-) The estimated cost for the first year of the contract based on current usage is $4,300,000. Each requirement for security service will be funded by the appropriate source at the time of release. Exhibits Attached (.o. -rcwigme, 4ovow.iog ) I (Please number exhibits consecutively.) Exhibit 1 - Agreement Summary Sheet Exhibit 2. Agreement Exhibit 3. M/WBE Participation Memorandum dated February 18, 2004. -Continued Page 3 of 3 Document Control Commission Action Executed original(s) for permanent record APPROVED ❑ DENIED (Nurr"r) Nancy J. Tahler, Sr. Div. Admin Assistant El (Numtgr) t0: Executed copies return Facilities Maintenance Division, 357-5500 DEFERRED Other instructions (Include name, agency, and phone) From: To: PIQ -k> 6al_ for-�t4 Broward County Purchasing Division EXHIBIT I 115 So. An&"sAw.. Rom 2tZ Ft LaudwcWe. FL 33301 Fax: J11641-36F-M5 REQUEST FOR LETTERS OF INTEREST RLI # 200309024)-FC-01 Pursuant to the Broward County Ptocurement Code, ft Broward County Board of County Commissioners invites qualified firms to submit Letters of Interest and Statements of Qualification and Experience for consWeration to provide services on the following project: SECURITY SERVICES The scope of services shall include, but not be limited to the folloyAng: Broward Countys Division of Facilities Management seeks a firm to provide professional security services to various agencies located throughout Broward County. SELECTIONINEGOTIATION PROCESS A Selection/Negotiation Commithm (SINC) has been appointed by the Broward County Board of County Commissioners, and will be responsible for recommending the most qualified firm with whom to begin negotiation of an agreement for this project. It Is an0cipated, but not required, that the process for this procurement proceed In the follovAng manner. RIMEW OF MITTEN SU§MGJ&S. Each firm should submit documents that provide evidence of capability to provide the services required for this project. Attached to this RLI is a list of evaluation factors that will be used by the agency staff to prepare a matrix of responses submittedl by each firm. This matrix is a tool that may be used by the S/NC In making its decision for short listing. Each short listed f1m wilil be contacted via telephone and follow-up letter to advise of date and time for presentationsfinterviews. THE COUNTY WILL NOT CONSIDER ORALIWRITTEN COMMUNICATIONS, PRIOR TO THE CONCLUSION OF SHORT U37ING FIRMS, WHICH VARY THE TERMS OF THE SUBMITTALS. ERESENIMONSIINTERVIEWI: The S/NC may provide a list of subject matter for discussion. Each short listed firm will be given equal time to make presentations, but ft question -and -answer time may very. The SINC may ask each shartlisted firm to provide prices In a "sled *nvelope at time of presentation. Roccimmendation to begin negotiations with the selected firm will be made by the S/NC and reported to the appointing authority. TECHNICAL STAFF PMTI9eIPAEON# Technical staff will have only such authority as may be delegated by the SINC. Without such delegated authority, technical staff serves purely In an inforimation gathering capacity. The S/NC may delegate authority to ft staff to negotiate contractual terms and conditions with the selected vendor, and those negotiations are subject to Florida's Sunshine Low. YJJNQQB P8QJOL The Broward County Procurement Code Sec. 21.118m, allows a vendor submitting a Letter of Interest on this project to protest vAthin seven (7) calendar days of the event, any deviation of established SINC procedures, not results, of SNC voting. The protest must be in written form and addressed to the Purchasing Director, specifying the alleged deviation. OMCELL&MQN OF F!BWECM The SMIC may choose to cancel this project and remmmend rejecting all Letters of Interest with the approval of the Purchasing Director. SDOE QQALS: Broward County has established a policy relating to Small Disadvantaged Business Enterprise participation In all County contracts, over $76.000.00, and other selected activities. Goals for this pmJect are: 20% total 8013E. In order to be further considered for award under this RLI, each Responder shall Include In Its JOW response to this RLI. a plan to ohm that A will meat the goal(s), or demonstrate thmgh accompanying documentation that it made s good faith effort to meet the goal(s). The plan must Identify (legal name, address, name of pdndpal) each Coun"r0fied SDBE contemplated to subcontriact on this project. Indicate the nature of the SDBE7s contdbutlon to the project. and Include an odginal signed acknowledgment from each SDBE indicating its intent and availability to serve as a subcontractor on the project If awarded to the Responder. For additional gLddance on what information or documentation is deemed acceptable for saftying ft good falth efforts requWoments, contact DEESBO at 954-357-7800. [For additional Information contact Sylvia Grinan 1954] 357-78001. INSURMCE REQLII&EMENTS., A sample Certificate of Insurance Is attached and reflom the Insurance requirements deemed necessary for this project by the Risk Manager. It is not necessary to have this level of Insurance in effect at the time of submittal, but certificates Indicating that the Insurance is curmntly carded, or a letter from the Carrier indicatIng upgrade availability will speed to review process for the short listing. (For additional infonnation contact Mary Meister (954] 357-7210). CONFIDENTIAL & PJJQPRIFJ&ff: Broward County Is sW$W to Chapter 119, Flodda Statutm, the 'Public Records Law." No claim of confidentiality or proprietary infommOon In all or any portion of a response to the RLI will be honored unless a specific exemption from the Public Records Law exists and It Is cited In the response to the RLI. Any claimed exemption must be specifically identified by page wW paragraph number(s). An incorrecily claimed wmmptlon does not disqualify the vendor. only the womption cJ&im. LIVING NWO OROINMIJ; Bidders are advised that the provisions of Broward County Ordinanm 200245 (Uving Wage Ordnance) will apply to this contract. By submitting a bid pursuient to these specifications. a bidder is hereby agreeing to comply with the provWons of Ordinance 2002-45 and scluxwledges awareness of the penalties for non-wmpliance. Explanation of Living Wage requirements is included as Attachment NA*. The Uving Wage Certification. Included as Attachment 013', must be fumished to this office prior to an award being made as well as submitted with each invoice for the services specified herein. gQABNING LW: Interested vendors will agree that agreements shall be governed by the I*" of the Stote of Florida, and the venue for any legal action vAll be Broward County, Florida. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit an offer to perform work as a consultant or contract vft a public entity, and may not transact business with Broward County for a period of 30 months from the data of being placed on the convicted vendor list. QQLCSMC PARTNEEPMEMFERENQI: The Browd County Board of County Commis- sioners rosems the right to apply a preference in the award of a contract to those firms providirig for benefits to employses'domestic partners and domestic partners'dependents, and who certify to same on a form prescribed by the Purchasing Division. To be eligible for this prefienyw% the firm must submit the certification form within 5 days after written request by the County, and In any case, prior to award. gM OE SILENCE, At the time of S&Mi"12g In this RLI process, a Cone of Silence WIN be knposed. As further detailed In Section 1-266, Broward County Code of Ordinances, this mma dat, after Shortlisting, potential vendors and their representatives are substantially restricied from communicating regardft this RLI with any county oDmmissioner or the commissionons' staff, the county administrator, deputy and assistant& to the county adminis1trator and their respective support staff, or any person appointed by the county commission to evaluate or recommend selection In this RLI process. The Cone terminate* when ft commission or other awarding authority takes action which ends the solicitation. All Broward County ordinawn may be viewed online at: WQgbnad&h.municWe.comn-lysPublish/nwm"inecodes.esp?IrTfobase=I 02W. NQ QMNQEIJCY FIFES.- By responding to this solicitation. each firm warrants that it has not and will not employ or retain any company or person. other t1han a bons ficle employee wworking solely for the firm, to solicit or sw re an agreement pursuant to this solicitation, and that it has not and will! not pay or agree to pay any person, company, corporation. individual or firm, other than a bons fide employee working solely for ft firm, any fee, commission, percentage, gift, or odw consideration contingent upon or resulting from the award or making of an agreement. For a breach or violation of this provision, County shall have the right to reject the firm's response or terminate any agreement awarded vvithout liability at its discretion, or to deduct from the agreement price or otherwim recover the full amount of such fee, commission, percerd%p, gift or consideration. EN MWONAL MUCCI INEQUAMN reQN180' PaW Curry Facilities Managornent 054-3574MBO Intematoc! firms should submit total copies of materials which indicate interest and qualificaum to: Broward County Purchasing Division Room 212 Govornmental Center 115 South Andnws Avenue Fort Lauderdale, FL 33301 ATTN: Bob Butler RLI 0 20030902-0-FC-01 Submittaft MUST BE RECEIVED by the Purchasing Division no later than 5:00 prn on 2003. ELECTRONICALLY TRANSMITTED, AND LATE OR MISDIRECTED SUBMITTALS WILL NOT BE ACCEPTED. BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS ALWchalMM: 1, Evaluation Criteria 2. Insurance Certificate (Sample) EVALUA71ON CRITERIA FOR RLI 8 20030902-0-FC-01 The Letter of Interest (LOI) should address the following: I . Office location responsible for Oft pn4ect 2. Resume and qualifications of key personnel and staff organUAtion assinged to this projecL 3. Evidence of satisfactory completion of similar services. 4. Ww* to contracts serving inclivickial clients performed within the last three years that exceeded three million dollars annual billings each and required serving In excess of twenty geographically separate locations simultaneously. 5. Iden* all failed contracts that were terminated for cause prior to their scheduled expiration. 6. Identify any exisft lawsuits resulting from actions brought as a result of performance under pflor or current contracts. 7. Identify any)udgements levied against the firm or bonding agency resulting from performance of security services within the last five years. a. Company experience In any specialLmd prqjects/ereas such as seaport, airport, parks. 9. Types and level of security services provided. 10. Prod of codification b*Wning. 11. Types of specialized training that can be provided in-house, e.g., cpr. first aid, emergency services procedures, traffic control, inten4owN techniques, report writing. U. Dotal training program. 13. ExplainAdentify quality con" program. 14. Types of support equipment milable, e.g., cars, trucks, golf carts, bicycles, radio, ate. 15. Other services provided, e.g.. communicebm and /or dispatch. 16. Availability of ful time employees proficient in computer applications. 17. Experlorm with full time employees vs. part time. 18. Evidence of meeting minority participation goals. The SD13E language has eftmed substantially mW requires your careful reading &rW aftnUon to the stated requIrements fdr short Rating eligibility. 19. Three references. 20. Summary of corporate financial operating results and statement of financial condition for previous three years. NOTE: CAF#202, Consultant's Stanclard Agreement Form Is accessible on Purchasing's w*b aft Cwm.braward.2igi2umhnlng&ldafc&MO2.RdfL You are requested to Iderdify those articles to which you cannot agree. 9 you do not have computer capablUty call 954-3574MM to arrange for mailing, pick up, etc. NOTE: Short listed fln= may be required to provide In a t1molly manner past pw forermume and supplier evaluation rep" from Dun & Bradstreet. Any material received that is not requested may be discarded. Bindery (except removable fasteners) In any form Is not preferred, nor we spedally prepared covers, dJvlders. tables of oontent. organizational charts, reference letters, eta The evaluations made as a result of reviewing the above information from each firm will be a part of the basis for developing a shordist of firms who may be scheduled to make presentations before Me SefttionfNegotiation Committee, and may serve as continuing Information for the final ranking. CERTIFICATE OF INSURANCE FOR RLI 0 2003090241-FC-01 THE FOLLOWING COVERAGES ARE DEEMED APPROPRIATE FOR THIS PROJECT AND WILL BE REQUIRED OF THE SELECTED FIRM AND IDENTIFIED IN THE NEGOTIATED AGREEMENT. Co. Ltr. Type Insurance xGENERAL LIABILITY x Cornprshenskv x Pis-OpsnWons ExplookudCollapse Underground Huard x ProductslCompleted Operations Huard x Contractual Insurance x Broad Form Property x Independent Contractors Personal injury XWTO LIABILITY x Comprehensive Form x Owned Hind Non Owned EXCESS LIABILITY Umbrella Fort Outer then Umbrella xWORKER'S COMP S EMPLOYER'S LIABILTY x Professional Liability Limits in Thousands F.A. Occur. Aggregate Bodily Injury $ $ Property Damage $ $ Bodily Injury A $M Property Combined Personal Injury 5 Bodily Injury $ (Es Person) Bodily Injury 5 (Ea Aeddent) Property Damage $ Bodily Injury & $300 Prop. Damage Combined Bodily injury & Property Damage Combined $100 Ea. Accident Max. Deduct. $10,000 Ea. Claim $250 $500 Certificate mmt show (on general liability only) Additional Insured: Broward County Board of County Commissioners, Broward County, Florida. Should any of the above Policies be canceled before expiration date, the Issuing company will mail 30 days written notice to Broward County . The contract(s) awarded pursuant to this RLI are subject to the County's Living Wage Ordinance, Sections 26-100 through 26.104, Broward County Code of Ordinances. See the attached summary. LIVING WAGE ORDINANCE REQUIREMENTS The following Is a summary of requirements contained within Broward County Ordinance 2002-45 (Living Wage Ordinance). codified at Sections 26-100 through 26- 104, Broward County Code of Ordinances. If there Is any conflict between the following summary and the language In the Ordinance, the language In Ordinance 2002-46 governs. These terms may supplement the specific requirements of the Ordinance in order to effectuate the intent. Vendors are advised that the provisions of Broward County Ordinance 2002-45 (Living Wage Ordinance) will apply to any contract(s) awarded pursuant to this RLI. By submitting a response to this RLI, a vendor is agreeing to comply with the provisions of Ordinance 2002-45, and acknowledging awareness of the penalties for non- compliance. A copy of the Ordinance may be obtained from the purchasing agent issuing this RLI. I. The vendor, under the terms of the Living Wage Ordinance, must comply with the following details. Reference the full Ordinance at www.municodQ,Som for full information about contractor's obligations: A. All covered employees, including those of the vendor's subcontractors, providing service pursuant to the vendors contract shall be paid a living wage of no less than $8.57 per hour with health benefits, as described in this section, or otherwise $10.82 per hour, regardless of any contractual relationship which may be alleged to exist between the vendor and such employees. The vendor and covered subcontractors, hereinafter referred to as "covered employer" may comply with the living wage provision by choosing to pay no less than the lower specified hourly wage rate when said employer also provides health benefits, costing the covered employer at least $1.25 per hour toward the provision of health care benefits for employees and their dependents. B. Covered employees shall be paid not less than bi-weekly and without subsequent deduction or rebate. The covered employer shall pay wage rates in accordance with federal and all other applicable laws such as overtime and similar wage laws. LIVING WAGE ORDINANCE REQUIREMENTS (Continued) C. The employer must post in a visible place on the site where such contract work Is being performed, a notice specifying the wages/benefits to be paid under County Ordinance 2002-45. This poster will be provided by the County. Vendors shall provide a copy of the requirements of the ordinance to any entity submitting a bid or proposal for a subcontract on this contract, prior to their submitting a bid or proposal. D. The covered employer must print the following statements on the front of the covered employee's first paycheck after October 1, 2003 for work performed for this contract and every six months thereafter: "You are required by Breward County Ordinance to be paid at least (insert applicable rate pursuant to the Ordinance) dollars an hour. If you are not paid this hourly rate, contact your supervisor or a lawyer." All notices will be printed in English. Spanish and Creole. II. LIVING WAGE - INDEXING: The Living Wage amounts shall be annually Indexed to inflation using the Miami PMSA Consumer Price Index for ati Urban Consumers (CPI-U), calculated by the United States Department of Commerce. The first indexing adjustment shall occur for the 2004-2005 County fiscal year using the Consumer Price Index figures provided for the calendar year ending December 31, 2003, and thereafter on an annual basis. Unless amended, the Living Wage Ordinance Indexing will be implemented as follows: No later than March 30, 2004 and every March 30 thereafter, the County will post the adjusted living wags rates on its Purchasing Division website, and will notify the awarded contractor of these rates which will be effective the following October 1. Service contractors so notified are responsible for notifying existing covered subcontractors of the revised living wage rates no later than May 30. All covered employers shall commence payment of the revised rates to covered employees no later than October 9 of that year. Ill. LIABILITY FOR UNPAID WAGES; LIQUIDATED DAMAGES; WITHHOLDING: In the event of any underpayment of required wage rates by the covered employer, civil and/or administrative penalties may be assessed. LIVING WAGE ORDINANCE REQUIREMENTS (Continued) W. PAYROLL; BASIC RECORDS; REPORTING: A. Each covered employer shall maintain payroll records for all covered employees and basic records relating thereto and shall preserve them for a period of three (3)years beyond the termination or expiration of this contract. The records shag contain: the name and address of each covered employee. the job title and classification, the number of hours worked each day, the gross wages earned and deductions made; annual wages paid; a copy of the social security returns and evidence of payment thereof; a record of fringe benefit payments Including contributions to approved plans; and other Information the Contract Administrator should require from time to time. B. The successful vendor shall provide a certificate to the Contract Administrator prior to the award of the contract In substantially the form attached hereto. It must Include the name, address, and phone number of the covered employer and a local contact person; the specific project for which the service contract is sought; the amount of the contract and the applicable department the contract will serve: a brief description of the project or service provided; a statement of the wage levels for all employees; and a commitment to pay all employees a living wage as set forth In the Ordinance. A new certificate must be provided with every invoice for payment. C. The covered employer shall submit the information required every six months, to the applicable Contract Administrator, including a copy of the complete payroll for one payroll period showing employer'is payroll records for each covered employee wanking on the contract for covered services. D. The covered employer shall make the covered employees' payroll records required available for inspection, copying or transcription by authorized representatives of the County for a period of three years from the termination date of any County Service Contract, and shall permit such representative to Interview employees during working hours on the job. Failure to submit the required reports upon request or to make records available may be grounds for temnination of the contract. The service contractor is responsible for the submission of the Information required by the ordinance and for the maintenance of records and provision of access to same by all covered subcontractors. LIVING WAGE ORDINANCE REQUIREMENTS (ConUnued) V. SUBCONTRACTS: The service contractor shall insert in any subcontracts the applicable clauses as required by the Living Wage Ordinance and also a clause requiring the sub- contractors to include these clauses in all other subcontracts. The service contractor shall be responsible for compliance by any subcontractor with the Living Wage Ordinance as it apples to their subcontract. VI. COMPLAINTS AND HEARINGS; TERMINATION AND DEBARMENT: If a covered employee believes that he or she Is not being paid in accordance with the Living Wage Ordinance, the employee may file a complaint with the Office of ProfesWonal Standards In accordance with the County's Living Wage Complaint Procedures. Complaints wig be investigated, determinations Issued, and hearings afforded to the effected parties in accordance with the Countys Llving Wage Complaint Procedures. Covered employers found to have violated the ordinance may suffer any or all sanctions pr ovided for In the ordinance, including wage restitution. damages, termination or suspension of payment under the contract, termination of the contract, debarment. The ordinance also provides employees with a private right of action in court. Broward County UvIng Wage Employer Calydflandon (This certlfkoadon must be prvvkW at ft rahgusat of tine ptrdtaakhg pout before award of fire oontrect and muN be included with every Invoice.) umber. i Mordent umber Address:amnt Phone Number WWOOKAt ptbn of SaMas Provided: EkM S OgS one, By signing babw 1 herebycartly Vest the ampbyeas listed babes: _ Roo" ■ minimum pay of i per hour and we provided health berAMS, valued at $ per hour_ Receive a minimum pay of $ per hour and are not provided health benefits. Please cha one: Names of employees to be providing covered services fcw the above referenced as►tract: Names of employees that provided service for this music» period: Ilse reverse aide or attach In ► a etlon i<needed I, MrabY CKWY V W is Name T w convactor committed to pay aA amptoyeas working an this aonw*aVprgjoM and Vhwaforo covered by the t3rC7ward County Uvlrg wage Ordinence 200245, in accordance with woo nateses snd provisions of the Diving wage Ordinanoe. I further cerft that ail of tins Mm ation provided above Is thus, complete and owred. By Signature Print/Type Name and Title Page 1 of 1 TR10776 - EXHIBIT 2 Keith Glatz From: Diaz, Anndebra [ADIAZ@broward.org] Sent: Friday, July 22, 2005 1:49 PM To: Keith Glatz Subject: RE: Wackenhut Agreement Keith, Sorry for the delay in responding back to you, but the requested documents were only scanned this morning. This email shall also serve as permission from Broward County to City of Tamarac to piggy -back the Wackenhut Agreement No. D200309020FC01 From: Keith Glatz [mailto:keithg@tamarac.org] Sent: Thursday, July 21, 2005 12:27 PM To: Diaz, Anndebra Subject: Wackenhut Agreement Anndebra, I understand that the Wackenhut Agreement was finally approved by the County Commission on the 216t of June (per a letter received from Wackenhut). Since we have piggy -backed off of the Agreement in the past, we would like to do so again. Naturally, I will have to take this to our City Commission for approval, and prior to that, I still need the following: 1. Your permission, on behalf of Broward County, to piggy -back the Agreement. 2. A copy of the original RFP document. A copy of the award resolution passed by the County Commission. (The Broward County web -site does not show this information correctly.) Wackenhut has already provided us with a copy of the executed Agreement, so there is no need for that at this time. Any of the other items that can be sent electronically will be greatly appreciated! Thanks for all of your help in this area! Keith K. Glatz, CPPO Purchasing & Contracts Manager City of Tamarac, Florida (954) 724-1322 (voice) (954) 724-2408 (fax) keithg@tamarac.org 7/22/2005 Page 1 of 1 Keith Glatz From: flamgr@wackenhut.com Sent: Friday, July 22, 2005 4:07 PM To: Keith Glatz Subject: Wackenhut Security Services Agreement Dear Keith, This correspondence will confirm our conversation regarding the City of Tamarac's intention to piggyback the Broward County Security Services Contract ( RLI #2003-0902-0-FC-01 ), dated June 21, 2005 with The Wackenhut Corporation. As discussed, The Wackenhut Corporation will not increase the billing rates for this service until such time as your City Commission has reviewed the new agreement during your August 2005 Commission Meeting to consider and hopefully approve a Resolution to continue the use of our services under this Agreement. If you have any questions or need additional information, please contact me at your convenience. Sincerely, Bill Schira, Area Manager 954-771-5005 'k'A * * * * k* * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * ;k**is * * * * * * * * * * * * * 4- * * * * * * * * * * is * * * * * * * * This communication, together with any links) and/or attachment(s), is exclusively f the intended recipient($). It contains information that may be confidential, proprie personal and/or privileged. If you are not an intended recipient(s), distribution, forwarding, copying or other transmission of this communication or the information contained therein, or any use, action or reliance on this communication is strictly prohibited. If you have received this email in error, please notify the sender immed by telephone or by return email, and delete this email, along with any attachments. 7/22/2005 July 20, 2005 City of Tamarac Keith K. Glatz, CPPO Purchasing & Contracts Manager 7525 NW 88th Avenue Tamarac FL 33321-2401 Dear Mr. Glatz: Wackenhut The Wackenhut Corporation 6499 Powerline Road Suite 300 Fort Lauderdale FL 33309 Telephone: 954.771.5005 Fax:954.771.5408 flamail@wackenhut.com I have enclosed a copy of the new contract # RL12003-0902000FC-01 that was recently approved by the Broward County Commission. We were advised only last week that the new rates would have been effective on June 21, 2005. Class 3 Security Officer Services are provided to the City of Tamarac and you will notice that there has been a billing rate increase. Due to the fact that you have not had a chance to review the Broward County Contract or prepare a purchase order, Wackenhut will not begin billing the new rate to you until the 1 gt of August. If you need further information or wish to discuss the contract, please do not hesitate to contact me. Thank you, 10-1 William B. Schira Area Manager Enclosure EXHIBIT I City of Tamarac Purchasing and Contracts Division .......................... . . . . . .... ........... . ... ... .. ..... ........ ..... . . . . .............. .... . ........... .... ...... . ............ . . . .......... ..... 1­1 ........................ . ...... . ...... AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE WACKENHUT CORPORATION THIS AGREEMENT is entered into on August 12 2005 between the City of Tamarac, a municipal corporation with principal offices located at 7525 NW 88 th Avenue, Tamarac, Florida 33321 (City) and The Wackenhut Corporation, a Florida corporation with principal offices located at 6499 Powerline Road, Suite 300, Fort Lauderdale, Florida 33309 (Contractor) for the purpose of providing security guard services to the City of Tamarac. The parties hereby agree to the following terms and conditions. 1 . In return for valuable consideration in an amount not to exceed $52,000.00 annually, Contractor shall comply with the terms and conditions within the Broward County Contract RLI #2003-0902-0-FC-01 attached hereto as 'Exhibit A. All terms and conditions of the contract documents set forth in Exhibi incorporated herein as if set forth in full. 2. Upon execution of this Agreement, all references made to the Broward County Contract RLI #2003-0902-0-FC-01 in Exhibit A shall be interpreted as pertaining to the City of Tamarac, and all terms and conditions of Exhibit A shall be deemed as having been implemented for use within the City of Tamarac. It is understgod that wherever the words "agency name" or "agency board name" appea 11 be read as "City of Tamarac" and "City of Tamarac Commissioners". mt�t 3. Contract term: Initial term of contract shall begin on the date this Agreement is fully executed by both parties and shall end on September 30, 2008, with options to renew for '0"0" " up to two (2) one (1) year terms, subject to approval by the Broward Gownt Commission, and mutual agreement between the City of Tamarac and Contractor. 4. Insurance: In addition to the insurance requirements stated in the Broward County Contract RLI #2003-0902-0-FC-01, Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. The following minimal insurance coverage shall be provided: 4.1 Worker's Compensation Insurance: The Contractor shall procure and maintain for the life of this Agreement, Workers' Compensation. Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub -consultant that does not have their own Workers' Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the City U:\CA0 APPROVFL) AGREFMENTS�Agreemoot - Wackonhut Corporation FY05,doc of Tamarac I Purchasing and Contracts Division ................... . . . . . . ............ . . . . . . . .. . ............. 11111.1- ........... . . . ... .... . . ................... . ..... . ..... . ..... . ..... . ..... .. V I— - . . ........... . ......... ..... I., ........................ . . . . .. . ..... . . ... .......... ...... ... .. ...... ......... ....... ..................... .... . . . ..... ... of Tamarac, executed by the insurance company. Sixty-(60) days notice of cancellation is required and must be provided to the City of Tamarac via Certified Mail. 4.2 Comprehensive General Liability: The Consultant shall procure and maintain, for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors, Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. 4.3 Business Automobile Liability: The Consultant shall procure and maintain, for the life of the Agreement, Business Automobile Liability Insurance. 4.4 The Minimum Limits of Coverage shall be $1,000,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. 4.5 The City must be named as an add - itional insured unless Owners and Contractors' Protective Coverage is also provided, or required. Sixty (60) days written notice must be provided to the City via Certified Mail in the event of cancellation. 4.6 The minimum limits of coverage shall be $1,000,000 per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The City must be listed as an Additional Insured under the Policy. Sixty (60) days written notice must be provided to the City via Certified Mail in the event of cancellation. 4.7 In the event that sub -contractors used by the Contractor do not have insurance, or do not meet the insurance limits, Contractor shall indemnify and hold harmless the City for any claim in excess of the sub -consultants' insurance coverage, arising out of negligent acts, errors or omissions of the sub -contractors. 4.8 Contractor shall not commence work under this Agreement until all insurance required as stated herein has been obtained and such insurance has been approved by the City. 4.9 Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 5. Indemnification: 5.1 Contractor shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, its agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising 2 UIACAO APPROVED AGREEMENTS\Agreemont - Wackpnh�jt Corporation FY05.doc City of Tamarac Purchasing and Contracts Division . .......... . .. . ......... . . . ....... . . ............. . .... . ................ . . . .. . . . .............. ­ .............. out of any actual or alleged: a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Contractors, any sub -contractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the Work; or b). violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by Consultant in the performance of the Work; or c). liens, claims or actions made by the Consultant or any sub -consultant under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, incurred by the City to enforce this agreement shall be borne by the Consultant. 5.2 Upon completion of all services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. 5.3 The Consultant shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. 5.4 City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Consultant under the indemnification agreement. Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. 6. This agreement and Exhibit A constitute the entire agreement between the City and the Contractor. In the event of a conflict between Exhibits and this Agreement, the provisions of this Agreement shall take precedence over the Exhibits. 7. Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person; sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services or by messenger service, addressed to the party for whom it is intended at the following addresses. CITY City Manager City of Tamarac 7525 NW 88 th Avenue Tamarac, FIL 33321 With a copy to the City Attorney at the same address. CONTRACTOR Mr. William B. Schira, Area Manager The Wackenhut Corporation 6499 Powerline Road, Suite 300 Ft. Lauderdale, FIL 33309 3 UACAO APPROVED AGPEEMENTS�AgroelnOl7t - Wackenhut Corporation FY05.doc of Tamarac Purchasin and Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Authorized Representative and The Wackenhut Corporation, signing by and through its President of the Security Services Division, duly authorized to execute same. CITY OF TAMARAC Authorize ign ure Mot i4/Lr 6T''.0d, 13 s�.C� Marion Swenson, C __. City Clerk ApYel as to form and legal sufficiency: Ade4 A Sa. G en,rim City Attorney ATTEST: The Wackenhut Cor oration Company Name Z-[c c� • /tom-0'L�h -. Signature of resident, Gary A. S a der s Robert L . K i bride, Associate Drew Levine, Presi t Secur Services General Counsel Division August 12, 2005 (CORPORATE SEAL) Date Fa of Tamarac 0-1-11,11,11111, . ...Purchasing and Contracts Division _..............._... 9 CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA: :SS COUNTY I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Drew Levine, President, Security Services Division of The Wackenhut Corporation a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this YL day of , 20d J� JACQUELINE R, STANKARD , °VOTARY PUBLIC, STATE OFFLOr"'�, Signature of Notary Public Y COMMISSION EXP, OCTOBEP, 13,2005 State of Florida at Large NO. DD052489 Print, Type or Stamp Name of Notary Public Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or DID NOT take an oath. EXHIBIT A AGREEMENT Between BROWARD COUNTY and THE WACKENHUT CORPORATION for SECURITY SERVICES RLI # 2003-0902-0-FC-01 AGREEMENT Between BROWARD COUNTY and WACKENHUT CORPORATION for SECURITY SERVICES RLI # 2003-0902-0-FC-01 This is an Agreement, made and entered into by and between: BROWARD COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," 01 \D THE WACKENHUT CORPORATION, a Florida corporation, hereinafter referred to as "SECOND PARTY." WHEREAS, an RLI was issued soliciting letters of interest for Security Services; and WHEREAS, as a result of the selection process, negotiations pertaining to the services to be performed by SECOND PARTY were undertaken between SECOND PARTY and a committee selected by the Board, and this Agreement incorporates the results of such negotiations; NOW THEREFORE IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, COUNTY and SECOND PARTY agree as follows: ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS 1.1 Agreement — means this document, Articles 1 through 10, inclusive. Other terms and conditions are included in the exhibits and documents that are expressly incorporated by reference. 1.2 Board — The Broward County Board of County Commissioners. Wackenhut Agreement 619/05 1.3 Contract Administrator — The Broward County Administrator, the Directorof the Broward County Facilities Maintenance Division, or the designee of such County Administrator or Director. The primary responsibilities of the Contract Administrator are to coordinate and communicate with SECOND PARTY and to manage and supervise execution and completion of the Scope of Services and the terms and conditions of this Agreement as set forth herein. In the administration of this Agreement, as contrasted with matters of policy, all parties may rely on the instructions or determinations made by the Contract Administrator; provided, however, that such instructions and determinations do not change the Scope of Services. 1.4 County Administrator —The administrative head of COUNTY pursuant to Sections 3,02 and 3.03 of the Broward County Charter. 1.5 County Attorney — The chief legal counsel for COUNTY who directs and supervises the Office of the County Attorney pursuant to Section 2.10 of the Broward County Charter, 1.6 Project — The Project consists of the services described in Article 2. 1.7 MinorityfWomen Business Enterprise ("MfWBE") — shall be defined as those programs established for small, minority, women -owned, or disadvantaged business enterprise under criteria and eligibility requirements of the Broward County Business Opportunity Act of 2004 (hereafter "Act"), as codified in the B.roward County Code of Ordinances at Sections 20-275, et seq., as amended. The phrases "Small Business Enterprise" (SBE), "Minority Business Enterprise" (MBE), "Disadvantaged Business Enterprise" (DBE), or "Women Business Enterprise" (WBE) shall be construed by reference to the Act. ARTICLE 2 SCOPE OF SERVIC 2.1 SECOND PARTY shall perform all work identified in this Agreement and Exhibit "A." The parties agree that the scope of services is a description of SECOND PARTY's obligations and responsibilities and is deemed to include preliminary considerations and prerequisites, and all labor, materials, equipment, and tasks which are such an inseparable part of the work described that exclusion would render performance by SECOND PARTY impractical, illogical, or unconscionable. 2.2 SECOND PARTY acknowledges and agrees that the Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement except as expressly authorized by the Broward County Procurement Code (chapter 21 of the Broward County Administrative Code). Wackenhut Agreement -2- 6!9!05 2.3 Prior to the provision of any services under this Agreement to any Using Agency (as defined in Exhibit "A"), SECOND PARTY must receive an approved Purchase Order from the Using Agency. At anytime, any Using Agency may decrease'usage or increase usage of SECOND PARTY's services, at any County site, as required by the Using Agency, upon verbal notification from the Using Agency Representative to the SECOND PARTY (followed by written confirmation). In addition, upon verbal notice from any Using Agency Representative (followed by written confirr-nation), SECOND PARTY shall cease providing services to the respective Using Agency, effective upon the date established by the notice. 2.4 This is a non-exclusive agreement. SECOND PARTY acknowledges and agrees that COUNTY makes no guarantee as to the quantity or type of work available under this Agreement, and COUNTY, in its sole discretion, may contract with one or more other firms to provide services similar to the services to be made available by SECOND PARTY under this Agreement. 2.5 SECOND PARTY shall promptly address any concerns raised by the Contract Administrator or through a Using Agency pertaining to the administration of services under this Agreement, including but not limited to the security guards provided to the Using Agencies, furnishing of supplies and equipment, and procedures for timely payment of personnel, and subcontractors. SECOND PARTY's Personnel shall be paid at least bi-weekly (once every other week). 2.6 SECOND PARTY shall implement its Quality Control Program that was included in its response to the Request for Letters of Interest pursuant to which this Agreement was awarded (the "Quality Control Program"). SECOND PARTY shall promptly address any concerns raised by the Contract Administrator or a Using Agency pertaining to the Quality Control Program. 2.7 Subject to the provisions hereof, SECOND PARTY shall provide the key staff identified on Exhibit "A-2" as long as said key staff are in SECOND PARTY's employment, which key staff shall be provided without a separate additional charge to COUNTY. The key staff shall serve in the functions specified on Exhibit "A-2." If any key staff person discontinues employment with SECOND PARTY, then SECOND PARTY shall immediately notify the Contract Administrator in writing. SECOND PARTY shall obtain prior written approval of the Contract Administrator prior to any replacement orany other change in key staff and shall provide Contract Administrator with such information as necessary to determine the suitability of proposed new key staff. If Contract Administrator desires the removal"of any key staff, Contract Administrator shall so advise SECOND PARTY in writing, and SECOND PARTY shall remove such staff and provide replacement staff that is satisfactory to the Contract Administrator. 2.8 Throughout the term of this Agreement, SECOND PARTY shall keep fully informed of and comply with all federal, state, County and local laws, ordinances, codes, and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or Wackenhut Agreement -3- 6/9/05 authority which, in any manner, affect services to be provided under the terms of thisAgreement. SECOND PARTY, its subcontractors, and their officers, agents, and employees shall at all times observe and comply with all such laws, ordinances, codes, rules, regulations, orders, and decrees in performing itsduties, responsibilities, and obligations related to this Agreement. 2.9 SECOND PARTY shall pay its subcontractors and suppliers within thirty (30) days following receipt of payment from the COUNTY for such subcontracted work or supplies. SECOND PARTY agrees that if it withholds an amount as retainage from its subcontractors or suppliers, that it will release such retainage and pay same within thirty (30) days following receipt of payment of retained amounts from COUNTY, or within thirty (30) days after the subcontractor has satisfactorily completed its work, whichever shall first occur. ARTICLE 3 TERM AND TIME OF PERFORMANCE 3.1 The term of this Agreement shall begin on the date it is fully executed by both parties and shall end on September 30, 2008; provided, however, if the term of this Agreement extends beyond a single fiscal year of COUNTY, the continuation of this Agreement beyond the end of any fiscal year shall be subject to the appropriation and availability of funds in accordance with Chapter 129, Florida Statutes. The COUNTY's Director of Purchasing may renew this Agreement for up to two (2) one- year periods, upon the same terms and conditions, by giving notice of renewal to SECOND PARTY at least thirty (30) calendar days priorto the end of the initial term or any renewal term. ARTICLE 4 COMPENSATION 4.1 COUNTY agrees to pay SECOND PARTYthe hourly rates for the securityguards at the rates for each year of this Agreement, as specified Exhibit "A-1," which amounts shall be paid in the manner specified in Section 4.2, and as provided below. 4.1.1 Overtime Charges — New Site Assignments or Additional Shifts. The COUNTY will make an effort to give the SECOND PARTY at least 48-hours notice of any new site assignment or additional shift requirements. If the operational needs of any Using Agency result in less than 48-hours notice being given for any additional shift requirements or new site assignment, then the COUNTY shall pay the SECOND PARTY overtime at the "Overtime Rate" set forth on Exhibit "A-1," for the first forty-eight (48) hours of any new site assignment or additional shift requirement; provided that such coverage is made available by SECOND PARTY within the later to occur ("Response Time"): twelve (12) hours of the request by the Using Agency Representative, or the time specified by the Using Agency Representative. Any delay in providing such coverage by the SECOND PARTY beyond the Wackenhut Agreement -4- 6/9/05 Response Time shall reduce the overtime charges on an hour -for -hour basis. The Using Agency assignments identified in Exhibit "B," attached hereto and made a part thereof, are the assignments that are currently in effect for the COUNTY as of the commencement of this Agreement and such assignments shall not constitute new assignments or additional shifts. 4.1.2 Overtime Charges — Shifts that are Less than Eight (8) Hours. If any Using Agency requires the SECOND PARTY to provide security services for less than eight (8) hour shift in a 24-hour period, then upon receipt of any such request from a Using Agency, the SECOND PARTY shall review its ability to provide such service without using security officers on their days off or past their regular tours of duty. If the SECOND PARTY determines that it is unable to provide the requested services unless it uses security officers on their days off or past their regular tours of duty, the SECOND PARTY shall give the Using Agency written notice to that effect within forty-eight (48) hours of the request and the COUNTY shall pay overtime for the services requested, at the Overtime Rate. If the SECOND PARTY shall fail to provide such notice within the aforesaid time period, no overtime may be charged by the SECOND PARTY for the services. There shall be no overtime charged for any shift that is eight (8) or more hours in duration in any 24-hour period. 4.1.3 Security Alert Overtime Charges —New Site Assignments or Additional Shifts required in response to a heightened security alert declared by the Homeland Security Administration. If the operational needs of any Using Agency require a response that results in the need for additional shift requirements or new site assignment, then the COUNTY shall pay the SECOND PARTY overtime at the "Security Alert Overtime Rate" set forth on Exhibit "A-1," for up to no more than 30 days from notification of Second party of the increased security requirements in the form of any new site assignment or additional shift requirement. 4.1.4 Actual Overtime Must be Worked. It is expected that the SECOND PARTY will provide services pursuant to subsections 4.1.2 and 4.1.3 using security officers on their days off or past their regular tours of duty. Notwithstanding anything to the contrary set forth in subsections 4.1.2 and 4.1.3, the Overtime Rate shall be paid by the COUNTY for only those hours worked in excess of a regular weekly tour of duty. Any and all requests by SECOND PARTY for overtime compensation must be accompanied by payroll documentation showing payments to security personnel for overtime hours directly attributed by the COUNTY for coverage pursuant to subsection 4.1.1 and 4.1.2. Wackenhut Agreement -5- 6/9/05 4.2 METHOD OF BILLING AND PAYMENT 4.2.1 SECOND PARTYmay submit invoices for compensation no moreoften than on a weekly basis, with a separate invoice being provided for services provided to each Using Agency. Each invoice shall show the total nurnberof security guard hours and equipment usage, by specific location, security guard classification, and equipment type provided on a daily basis. An original invoice plus one copy shall be submitted to COUNTY's ACCOunts; Payable Division and one copy shall be submitted to the applicable Using Agency Representative. Supporting information must be provided with each invoice that shows a daily breakdown of staff reporting times, assigned Posts, equipment types and usage, and remarks to indicate differences between COUNTY required coverage and that which was supplied. These billings shall identify the nature of the work performed, the total hours of work performed, the employee category of the individuals performing same, and the equipment types of usage. Billings shall also indicate the cumulative amount of M/WBE participation for the period covered by the billing as well as the cumulative amount to date. Supporting invoices for subcontractor services must be provided. When requested by Contract Administrator or the Using Agency, SECOND PARTY shall provide backup for past and current invoices that records hours and costs by employee category, equipment used, and Using Agency, including subcontractor hours and costs, so that total hours and costs by Using Agency may be determined. 4.2.2 COUNTY shall pay SECOND PARTY within thirty (30) calendar days of receipt of SECOND PARTY's proper invoice, as required by the "Broward County Prompt Payment Ordinance" (Broward County Ordinance No. 89-49, as may be amended from time to time). To be deemed proper, each invoice must comply with the requirements set forth in this Agreement, must be approved by the applicable Using Agency Representative, and must be submitted on the form and pursuant to -instructions prescribed by Contract Administrator. Payment may be withheld for failure of SECOND PARTY to comply with a term, condition, or requirement of this Agreement. Notwithstanding the foregoing, the parties desire to achieve early resolution of payment concerns and, accordingly, Using Agency Representative shall make a good faith effort to verbally contact SECOND PARTY prior to any Using Agency Representative making any notation on an invoice to deduct an item from payment. However, the failure of a using Agency Representative to contact SECOND PARTY prior to making any such notation shall not be deenned a waiver of COUNTY's right to withhold payment for any improperly submitted item on an invoice. 4.2.3 SECOND PARTY shall pay all applicable sales, consumer, use, employment, and similar taxes required by law and shall pay all employee benefits mandated by law, including. without limitation, social security and unemployment insurance. Wackenhut Agreement -6- 6/9/05 4.2.4 All direct employees of SECOND PARTY, and any persons supplied by or through SECOND PARTY, shall not be entitled to any compensation or any benefits that may be provided by COUNTY to its own employees, nor shall COUNTY in any way be liable for providing for payment of any such compensation or benefits. SECOND PARTY shall provide a written notice to all persons supplied by or through SECOND PARTY that any benefits which may be provided shall be, and are, the responsibility of SECOND PARTY exclusively and COUNTY shall not be responsible for any compensation or benefits to any such persons. 4.3 Notwithstanding any provision of this Agreement to the contrary, COUNTY may withhold, in whole or in part, payment to the extent necessary to protect itself from loss on account of inadequate or defective work which has not been remedied or resolved in a manner satisfactory to Contract Administrator or failure to comply with this Agreement. The amount withheld shall not be subject to payment of interest by COUNTY. 4.4 COUNTY agrees to pay SECOND PARTY the rates for equipment as specified on Exhibit "A-V in the manner specified in Section 4.2. 4.5 Payment shall be made to SECOND PARTY at: The Wackenhut Corporation PO Box 277469 Atlanta, GA 30384-7469 ARTICLE 5 CHANGE IN SCOPE OF SERVICES 5.1 Any change to the Scope of Services must be accomplished by a written amendment, executed by the parties in accordance with Section 10.15 below. ARTICLE 6 INDEMNIFICATION OF COUNTY 6.1 SECOND PARTY shall at all times hereafter indemnify, hold harmless, and, at County Attorney's option, defend or pay for an attorney selected by County Attorney to defend COUNTY, its officers, agents, servants, and employees against any and all claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused by negligent act or omission of SECOND PARTY, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the Wackenhut Agreement -7- 6!9!05 extent considered necessary by Contract Administrator and County Attorney, any sums due SECOND PARTY under this Agreement may be retained by COUNTY until all of COUNTY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by COUNTY. ARTICLE 7 INSURANCE 7.1 To ensure the indemnification obligation contained above, SECOND PARTY shall, at a minimum, provide, pay for, and maintain in force at all times during the term of this Agreement (unless otherwise provided), the insurance coverages set forth in Sections 7.3, 7.4, and 7.5, in accordance with the terms and conditions required by this Article. Each insurance policy shall clearly identify the foregoing indemnification provision in Section 6.1 as insured. 7.2 Such policy or policies shall be without any deductible amount unless otherwise agreed to by the parties and shall be issued by approved companies authorized to do business in the State of Florida, and having agents upon whom service of process may be made in Broward County, Florida. SECOND PARTY shall specifically protect COUNTY and the Broward County Board of County Commissioners by naming COUNTY and the Broward County Board of County Commissioners as additional insureds under the Comprehensive General Liability Policy only. SECOND PARTY's naming of COUNTY and the Broward County Board of County Commissioners as additional insureds pursuant to this Agreement shall afford coverage only for the negligence of SECOND PARTY, its employees, agents, servants, or officers in performance of services under this Agreement, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property, and in no event shall coverage be construed so as to make SECOND PARTY or its insurer liable for the negligent acts or omissions of the Board of County Commissioners, its officers, employees, or agents. 7.3 Comprehensive General. Liability Insurance. A Comprehensive General Liability Insurance Policy shall be provided which shall contain minimum limits of Five Hundred Thousand Dollars ($500,000.00) per occurrence combined single limit for bodily injury liability and property damage liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: Premises and/or operations. Independent contractors. Wackenhut Agreement -8- 6/9/05 Products and/or Completed Operations for contracts. Broad Form Contractual Coverage applicable to this specific Contract, includ- ing any hold harmless and/or indemnification agreement. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 7.4 Business Automobile LiabMt . Business Automobile Liability shall be provided with minimum limits of Three Hundred Thousand Dollars ($300,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Owned Vehicles. Hired and Non -Owned Vehicles. Employers' Non -Ownership. 7.5 Workers' Compensation Insurance. Workers' Compensation insurance to apply for all employees in compliance with Chapter 440, Florida Statutes, the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: Employers' Liability with a limit of One Hundred Thousand Dollars ($100,000.00) each accident. If any operations are to be undertaken on or about navigable waters, coverage must be included for the U.S. Longshoremen & Harbor Workers Act and Jones Act. 7.6 SECOND PARTY shall furnish to the Contract Administrator certified copies of Certificates of Insurance or endorsements evidencing the insurance coverages specified by this Article prior to beginning performance of work under this Agreement. 7.7 Coverage is not to cease and is to remain in force (subject to cancellation notice) until all performance required of SECOND PARTY is completed. All policies must be endorsed to provide COUNTY with at least thirty (30) days= notice of cancellation and/or restriction. If any of the insurance coverages will expire prior to the completion of the work, copies of renewal policies shall be furnished at least thirty (30) days prior to the date of their expiration. Wackenhut Agreement _g- 6/9/05 ARTICLE 8 TERMINATION 8.1 This Agreement may be terminated for cause by the aggrieved party if the party in breach has not corrected the breach within ten (10) days after written notice from the aggrieved party identifying the breach, or for convenience by action of the Board upon not less than thirty (30) days' written notice. This Agreement may also be terminated by County Administrator upon such notice as County Administrator deems appropriate under the circumstances in the event County Administrator determines that termination is necessary to protect the public health or safety. An erroneous termination for cause shall be considered a termination for convenience. 8.2 Termination of this Agreement for cause by COUNTY shall include, but not be limited to, negligent, intentional, or repeated submission for payment of false or incorrect bills or invoices, failure to suitably perform the work, failure to continuously perform the work in a manner calculated to meet oraccomplish the objectives as set forth in this Agreement, or multiple breach of this Agreement which has a material adverse effect on the efficient administration of the Project notwithstanding whether any such breach was previously waived or cured. This Agreement may also be terminated by the Board: 8.2.1 Upon the disqualification by COUNTY's Director of Small Business Development Division of SECOND PARTY as a M/WBE if SECOND PARTY's status as M/WBE was a factor in the award of this Agreement and such status was misrepresented by SECOND PARTY; 8.2.2 Upon the disqualification by COUNTY's Director of Small Business Development Division of SECOND PARTY if SECOND PARTY obtained this Agreement or attempted to meet its M/WBE contractual obligations through fraud, misrepresentation, or material misstatement; 8.2.3 Upon the disqualification by COUNTY's Director of Small Business Development Division of one or more of SECOND PARTY's M/WBE participants if any such participant's status as a M/WBE was a factor in the award of this Agreement and such status was misrepresented by SECOND PARTY or such participant; 8.2.4 Upon the disqualification by COUNTY's Director of Small Business Development Division of one or more of SECOND PARTY's M/WBE participants if such M/WBE participant attempted to meet its M/WBE contractual obligations through fraud, misrepresentation, or material misstatement; or 8.2.5 If SECOND PARTY is determined by COUNTY's Director of Small Business Development Division to have been knowingly involved in any fraud, misrepresentation, or material misstatement concerning the M/WBE status of Wackenhut Agreement -10- 6/9/05 its disqualified M/WBE participant. If so determined, SECOND PARTY shall not be awarded M/WBE participation credit. 8.3 Notice of termination shall be provided in accordance with the ANOTICES@ section of this Agreement except that notice of termination by Contract Ad min istrator which Contract Administrator deems necessary to protect the public health, safety, or welfare may be verbal notice which shall be promptly confirmed in writing in accordance with the ANOTICES@ section of this Agreement. 8.4 In the event this Agreement is terminated for convenience, SECOND PARTY shall be paid for any services properly performed to the date the Agreernent is terminated; however, upon being notified of COUNTY's election to terrninate, SECOND PARTY shall refrain from performing further services or incurring additional expenses under the terms of this Agreement. SECOND PARTY acknowledges and agrees that ten dollars ($110.00) of the compensation to be paid by COUNTY, the receipt and adequacy of which is hereby acknowledged by SECOND PARTY, is given as specific consideration to SECOND PARTY for COUNTY=s right to terminate this Agreement for convenience. 8.5 -In the event this Agreement is terminated, any compensation payable by COUNTY shall be withheld until all documents are provided to COUNTY pursuant to Section 10. 1 of Article 10. . ARTICLE 9 EEO and M/WBE COMPLIANCE 9.1 EEO COMPLIANCE SECOND PARTY shall not unlawfully discriminate on the basis of race, color, national origin, sex, religion, age, marital status, political affiliation, disability, or sexual orientation (including but not limited to Broward County Code, Chapter 162) in the performance of this Agreement, the solicitation for or purchase of goods or services relating to this Agreement, or in subcontracting work in the performance of this Agreement. SECOND PARTY shall include the foregoing or similar language in its contracts with any subcontractors or subconsultants, except that any project assisted by the U.S. Department of Transportation funds shall comply with the non- discrimination requirements in 49 C.F.R. Parts 23 and 26, as amended. Failure to comply with the foregoing requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as COUNTY deems appropriate. SECOND PARTY shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. SECOND PARTY shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by COUNTY, including Titles I and 11 of the ADA Wackenhut Agreement 6/9/05 (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, SECOND PARTY shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. By execution of this Agreement, SECOND PARTY represents that it has not been placed on the discriminatory vendor list (as provided in Section 287.134, Florida Statutes). COUNTY hereby materially relies on such representation in entering into this Agreement. An untrue representation of the foregoing shall entitle COUNTY to terminate this Agreement and recover from SECOND PARTY all monies paid by COUNTY pursuant to this Agreement, and may result in debarment from COUNTY=s competitive procurement activities. 9.2 M/WBE COMPLIANCE 9.2.1 In completing this Project, SECOND PARTY agrees to and shall comply with COUNTY=s Business Opportunity Act of 2004 (Broward County Ordinance No. 2004-07), referred to as the "Act," which provides for the establishment and implementation of M/WBE participation goals, initiatives, and other opportunities for COUNTY contracts. The COUNTY shall review each proposed modification to this Agreement that, by itself or aggregated with previous modifications, increase the contract value of this Agreement by ten percent (10%) of the initial contract value, or Fifty Thousand Dollars ($50,000) whichever is less, for opportunities to include or increase the participation of DBEs, SBEs, MBEs, or WBEs, already involved on this Agreement. 9.2.2 COUNTY and SECOND PARTY agree that subcontract awards to M/WBE participants are crucial to the achievement of the Project's M/WBE participation goals.. In an effort to assist COUNTY in achieving its established goals for this Project, SECOND PARTY agrees to meet the following participation goals: CATEGORY PARTICIPATION GOAL MBE % African American 20% Hispanic % WBE % Native American % Asian -Pacific Islander % Total Goal 20% 9.2.3 SECOND PARTY shall, in performing services for this Project, incorporate by Exhibit "D" the names, addresses, scope of work, and dollarvalue of M/WBE participation on the Schedule of M/WBE Participation into SECOND Wackenhut Agreement -12- 6/9/05 PARTY=s contracts. SECOND PARTY understands that each M/WBE firm utilized on the Project to meet the participation goals must be certified by the Broward County Small Business Development Division. SECOND PARTY agrees to provide copies of its contracts with such persons to the Contract Administrator and the Broward County Small Business Development Division. 9.2.4 Unless the time for submission of same is extended in writing by the Broward County Small Business Development Division, a Letter of Intent to perform as a subcontractor executed by each M/WBE subcontractor listed on the Schedule of M/WBE Participation must be submitted to the Broward County Small Business Development Division prior to execution of this Agreement. A Letter of Intent form may be obtained at the Broward County Small Business Development Division office. The information contained within the Letter of Intent and the information contained within the Schedule of MMBE Participation should be the same as to content. 9.2.5 SECOND PARTY understands that it is the responsibility of the Contract Administrator and the Broward County Small Business Development Division to monitor compliance with the M/WBE requirements. In that regard, SECOND PARTY agrees to furnish monthly reports to both the Contract Administrator and the Broward County Small Business Development Division of all expenditures made to achieve compliance with its assigned goals or other contractual conditions agreed to by SECOND PARTY pursuant to the Act commencing with the end of the first month of this Agreement. All reports shall include the name and business address of each M/WBE solicited by SECOND PARTY to work as a subcontractor or supplier in this Agreement and the responses received by SECOND PARTY to such solicitation; the name and business address of each M/WBE actually involved in this Agreement, a description of the work performed and/or product or service supplied by each DBE, SBE, MBE, or WBE; the date and amount of each expenditure; the M/WBE status of any contractor performing any portion of this Agreement; and any other information requested by COUNTY which may assist COUNTY in determining the SECOND PARTY's compliance with its contractual obligations, or may assist in the implementation and enforcement of the Act. The submission of the report required by this subparagraph shall be a condition of payment to SECOND PARTY. 9.2.6 In the event of SECOND PARTY's noncompliance with its participation commitment to a M/WBE (including without limitation the unexr-used reduction of M/WBE participation), the affected M/WBE shall have the right to exercise the following remedies if the noncompliance is or was due to no fault of the M/WBE, and due to the willful action or omission of SECOND PARTY: Wackenhut Agreement 6/9/05 9.2.6.1 The affected M/WBE shall be entitled to damages pursuant to its agreement with SECOND PARTY. 9.2.6.2 If a subcontractor, material supplier, or other similarly -situated person institutes an arbitration proceeding claiming non- compliance with the Act by SECOND PARTY, then only in such event shall the remedies include an undertaking by SECOND PARTY to submit any dispute concerning such damages to binding arbitration by an independent arbitrator. However,. binding arbitration shall not be available as to any dispute between SECOND PARTYand COUNTY; norshall COUNTY incur any cost, fee, or liability relative to any arbitration proceedings. An arbitrator may award reasonable attorney's fees and costs against a non - prevailing party. 9.2.6.3 Nothing under this subsection 9.2.6 shall be construed to limit the rights of and remedies available to COUNTY, including the right to seek its own damages pursuant to this Agreement. 9.2.7 SECOND PARTY agrees that nonpayment of a M/WBE subcontractor or supplier as . required by Section 2.9 shall be a material breach of this Agreement and that COUNTY's Contract Administrator may, at its option, increase allowable retainage or withhold progress payments unless and until SECOND PARTY demonstrates timely payments of sums due to such subcontractors or suppliers. SECOND PARTY agrees that the presence of a "pay when paid" provision in a subcontract shall not preclude COUNTY or its representatives from inquiring into allegations of nonpayment. The foregoing remedies underthis subsection 9.2.7 shall not be employed when SECOND PARTY demonstrates that failure to pay results from a bona fide dispute with its subcontractor or supplier. 9.2.8 COUNTY shall have access, without limitation, to SECOND PARTY's books and records, including payroll records, tax returns and records, and books of account, on five (5) business days notice, to allow COUNTY to determine SECOND PARTY's compliance with its commitment to M/WBE participation goal and the status of any M/WBE performing any portion of this Agreement. ARTICLE 10 MISCELLANEOUS 10.1 OWNERSHIP OF DOCUMENTS Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of COUNTY. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by SECOND PARTY, whether Wackenhut Agreement -14- 619/05 finished or unfinished, shall become the property of COUNTY and shall be delivered by SECOND PARTY to the Contract Administrator within seven (7) days of termination of this Agreement by either party. Any compensation due to SECOND PARTY shall be withheld until all documents are received as provided herein. 10.2 AUDIT RIGHT AND RETENTION OF RECORDS COUNTY shall have the right to audit the books, records, and accounts of SECOND PARTY that are related to this Project. SECOND PARTY shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Project. All books, records, and accounts of SECOND PARTY shall be kept in written form, or in a form capable of conversion into written form within a reasonable time, and upon request to do so, SECOND PARTY shall make same available at no cost to COUNTY in written form. SECOND PARTY shall preserve and make available, at reasonable times for examination and audit by COUNTY, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Fla. Stat.), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If anyaudit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined by COUNTY to be applicable to SECOND PARTY's records, SECOND PARTY shall comply with all requirements thereof; however, no confidentiality or non -disclosure requirement of either federal or state law shall be violated by SECOND PARTY. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for COUNTY's disallowance and recovery of any payment upon such entry. . 10.3, PUBLIC ENTITY CRIME ACT SECOND PARTY represents that the execution of this Agreement will not violate the Public Entity Crime Act (Section 287.133, Florida Statutes), which essentially provides that a person or affiliate who is a contractor, consultant, or other provider and who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to COUNTY, may not submit a bid on a contract with COUNTY for the construction or repair of a public building or public work, may not submit bids on leases of real property to COUNTY, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with COUNTY, and may nottransactany businesswith COUNTY in excessof thethreshold ar-nount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this Agreement and recovery of Wackenhut Agreement -15- 6/9/05 all monies. paid by COUNTY pursuant to this Agreement, and may result in debarment from COUNTY=s competitive procurement activities. In addition to the foregoing, SECOND PARTY further represents that there has been no determination, based on an audit, that it committed an act defined by Section 287.133, Florida Statutes, as a Apublic entity crime@ and that it has not been formally charged with committing an act defined as a Apublic entity crime@ regardless of the amount of money involved or whether SECOND PARTY has been placed on the convicted vendor list. 10.4 INDEPENDENT CONTRACTOR SECOND PARTY is an independent contractor under this Agreement. Services provided by SECOND PARTY pursuant to this Agreement shall be subject to the supervision of SECOND PARTY. In providing such services, neither SECOND PARTY nor its agents shall act as officers, employees, or agents of the COUNTY. No partnership, joint venture, or other joint relationship is created hereby. COUNTY does not extend to SECOND PARTY or SECOND PARTY=s agents any authority of any kind to bind COUNTY in any respect whatsoever. 10.5 THIRD PARTY BENEFICIARIES Neither SECOND PARTY nor COUNTY intend to directly or substantially benefit a third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 10.6 NOTICES Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: FOR BROWARD COUNTY: Carole Coburn, Director Facilities Maintenance Division Governmental Center, Room 501 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Wackenhut Agreement -16- 6/9/05 FOR SECOND PARTY: William B. Schira, Area Manager The Wackenhut Corporation 6499 Powerline Road, Suite 300 Fort Lauderdale, A 33309 10.7 ASSIGNMENT AND PERFORMANCE Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered without the written consent of the other party. In addition, SECOND PARTY shall not subcontract any portion of the work required by this Agreement, except as provided in Exhibit "D." SECOND PARTY represents that each person who will render services pursuant to this Agreement is duly qualified to perform such services by all appropriate governmental authorities, where required, and that each such person is reasonably experienced and skilled in the area(s) for which he or she will render his or her services. SECOND PARTY shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of SECOND PARTY=s performance and all interim and final product(s) provided to or on behalf of COUNTY shall be comparable to the best local and national standards. 10.8 CONFLICTS Neither SECOND PARTY nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with SECOND PARTY=s loyal and conscientious exercise of judgment and care related to its performance under this Agreement. SECOND PARTY further agrees that none of its officers or employees shall, during the term of this Agreement, serve as an expert witness against COUNTY in any legal or administrative proceeding in which he, she, or SECOND PARTY is not a party, unless compelled by court process. Further, SECOND PARTY agrees that such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of COUNTY in connection with any such pending or threatened legal or administrative proceeding unless compelled by court process. The limitations of this section shall not preclude SECOND PARTY or any persons in anyway from representing themselves, including giving expert testimony in support thereof, in any action or in any administrative or legal proceeding. In the event SECOND PARTY is permitted pursuant to this Agreement to utilize subcontractors to perform any services required by this Agreement, SECOND Wackenhut Agreement -17- 619/05 PARTY agrees to require such subcontractors, by written contract, to comply with the provisions of this section to the same extent as SECOND PARTY. 10.9 MATERIALITY AND WAIVER OF BREACH COUNTY and SECOND PARTY agree that each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement and, therefore, is a material term hereof. COUNTY=s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 10. 10 COMPLIANCE WITH LAWS SECOND PARTY shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. 10.11 SEVERANCE In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless COUNTY or SECOND PARTY elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 10-12 JOINT PREPARATION The parties acknowledge that they have sought and received whatever competent advice and counsel necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 10.13 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of Articles 1 through 10 of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 10 shall prevail and be given effect. Wackenhut Agreement -18- 6/9/05 10.14 JURISDICTION, VENUE, WAIVER OF JURY TRIAL This Agreement shall be interpreted and construed in accordance Wth and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of any controversies or legal problems arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder, shall be in the state courts of the Seventeenth Judicial Circuit in Broward County, Florida, and venue for litigation arising out of this Agreement shall be in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. By entering into this Agreement, SECOND PARTY and COUNTY hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to this Agreement. 10.15 AMENDMENTS No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and SECOND PARTY or others delegated authority to or otherwise authorized to execute same on their behalf. 10.16 PRIORAGREEMENTS This document represents the final and complete understanding of the parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there is no commitment, agreement, or understanding concerning the subject matter of this Agreement that is not contained in this written document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written. 10-17 NO INTEREST Unless required by the Broward County Prompt Payment Ordinance, any monies that are the subject of a dispute regarding this Agreement and that are not paid by COUNTY when claimed to be due shall not be subject to interest. All requirements inconsistent with this provision are hereby waived by SECOND PARTY. 10.18 INCORPORATION OF RESPONSE TO REQUEST FOR -LETTERS OF INTEREST Letters of Interest ("Request") issued by COUNTY and all proposal documents submitted by SECOND PARTY to COUNTY for evaluation in the award process, pursuant to which this Agreement was awarded to SECOND PARTY, is hereby incorporated by reference into this Agreement and made a part hereof (the Request and all documents provided to COUNTY by Contractor in response thereto are Wackenhut Agreement 6/9/05 called collectively, "Proposal Documents"). SECOND PARTY shall be bound by all terms, conditions, representations, and commitments contained in the Proposal Documents. In the event SECOND PARTY should fail to abide by or comply with any of the terms, conditions, representations, or commitments contained in the Proposal Documents, then, at the option of COUNTY, such failure shall be deemed a default of this Agreement. In the event of any conflict between this Agreement and the Proposal Documents, this Agreement shall prevail. 10.19 PERFORMANCE BOND SECOND PARTY shall post a performance bond in favorof COUNTY in an amount equal to Six Hundred Thousand Dollars ($600,000.00) ("Performance Bond"). The Performance Bond shall secure the performance of all obligations of SECOND PARTY and any M/WBE Subcontractor to COUNTY. The Performance Bond shall be either in the form of cash, an Irrevocable Letter of Credit ("Letter of Credit"), or a Payment and Performance Bond ("Bond"). Each Letter of Creditor Bond shall be in form and substance satisfactory to COUNTY's Risk Management Division. (Exhibit "C") The,Perf�rmance Bond shall be submitted by SECOND PARTY to COUNTY simultaneously with the execution of this Agreement by the SECOND PARTY. In the event of any failure by SECOND PARTY to perform its obligations hereunder or upon any other default hereunder, then in addition to any other rights and remedies available to COUNTY at law or in equity, COUNTY shall be entitled to draw down up to the full amount of the Performance Bond. Upon notice of such draw, SECOND PARTY shall immediately replace the Performance Bond with a new letter of Credit or Bond or cash in the full amount of the Performance Bond required hereunder. Any letterof Credit or Bond shall be kept in full force and effect throughout the Term of this Agreement. If a Letter of Credit is posted, then the term and all renewal terms of the Letter of Credit shall be for a period of not less than one year. Not less than sixty (60) calendar days prior to any expiration date of any Letter of Credit or Bond, SECOND PARTY shall submit evidence in form satisfactory to COUNTY that said security instrument has been renewed. Afailure to renew or replace a Letter of Credit or Bond, as applicable, shall be a default of this Agreement, entitling COUNTY to all available remedies. Each Letter of Credit provided hereunder or under any other Section or provision of this Agreement shall be provided by a financial institution of recognized standing authorized to do business in the State of Florida. Throughout the term of the Letter of Credit, the financial institution that has issued the Letter of Credit must have an office in Broward, Miami -Dade, or Palm Beach County, Florida, at which the Letter of Credit may be presented for drawing down, and the financial institution must have been in business with a record of successful continuous operation for at least five (5) years. Each letter of credit shall be inform and substance satisfactory to COUNTY. Each bond provided hereunder, or under any other Section or provision of the Agreement, shall be executed by a surety company of recognized standing authorized to do business in the State of Florida and having a resident agent in Broward County and having been in business with a record of successful continuous operation for at Wackenhut Agreement -20- 6/9/05 least five (5) years. Furthermore, such surety company must have a least a "B+" rating in the latest revision of the Best's Insurance Report. 10.20 DRUG -FREE WORKPLACE It is a requirement of COUNTY that it enter into contracts only with firms that certify the establishment of a drug -free work place in accordance with Section 21.31 (a)(2) of the Broward County Procurement Code. Execution of this Agreement by SECOND PARTY shall serve as SECOND PARTY's required certification that it either has or that it will establish a drug -free work place in accordance with Section 21.31(a)(2) of the Broward County Procurement Code. 10.21 LIVING WAGE REQUIREMENT To the extent SECOND PARTY is a "covered employer" within the meaning of Broward County Ordinance No. 2002-45, as may be amended from time to time, SECOND PARTY agrees to and shall pay to all of its employees providing "covered services," as defined therein, a living wage as required by such ordinance, and SECOND PARTY shall fully comply with the requirements of such ordinance and shall satisfy, comply with, and complete all of the obligations set forth therein. SECOND PARTY shall be responsible for and shall ensure that all of its subcontractors that qualify as covered employers fullycomplywith the requirements of such ordinance and satisfy, comply with, and complete all of the obligations set forth therein. 10.22 CONTINGENCY FEE SECOND PARTY warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for SECOND PARTY, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for SECOND PARTY, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For a breach or violation of this provision, COUNTY shall have the right, at its discretion, to terminate this Agreement without liability, or to deduct from this Agreement price or otherwise recover the full amount of such fee, commission, percentage, gift, or consideration. 10.23 'FAA REGULATIONS AND SECURITY The following provisions applies to any COUNTY site covered by Federal Aviation Administration or Transportation Security Administration security requirements, and such provisions are in addition to, and shall not be a limitation of, any other requirements of this Agreement. Wackenhut Agreement -21- 6/9/05 10.23.1 SECOND PARTY and its employees shall complete all forms and follow all required procedures to obtain the "SIDA Badges" (as hereinafter defined) for its employees. Each SECOND PARTY employee shall properly display the employee's SIDA Badge at all times the employee is on Airport premises. 10-23.2 SECOND PARTY shall ensure that all persons conducting Activities on Airport property shall obey all directions and requests of the Broward County Aviation Department's ("Aviation Department") security and operations personnel. 10.23.3 SECOND PARTY shall make application for Security Identification Display Area Badges ("SIDA Badges") for its employees to the Aviation Department on a form promulgated bythe Aviation Department, together with such additional documentation as may be required by the Aviation Department. 10.23.4 SECOND PARTY agrees to observe all security requirements and other requirements of the Federal Aviation Regulations applicable to SECOND PARTY, including, without limitation, all regulation of the United States Department of Transportation, the Federal Aviation Administration, and the Transportation Security Administration, and SECOND PARTY agrees to comply with COUNTY's Airport Security Program and the Air Operations Area (AOA) Vehicle Access Program, and amendments thereto, and to comply with such other rules and regulations as may be reasonably prescribed by COUNTY, and to take such steps as may be necessary or directed by COUNTY to insure that sublessees, employees, invitees, and guests observe these requirements. If required by the Aviation Department, SECOND PARTY shall conduct background checks of its employees in accordance with applicable Federal Regulations. If, as a result of the acts or omissions of SECOND PARTY, its sublessees, employees, invitees, or guests, COUNTY incurs any fines and/or penalties imposed by any governmental agency, including without limitation, the United States Department of Transportation, the Federal Aviation Administration, or the Transportation Security Administration, or any expense in enforcing any federal regulations, including, without limitation, airport security regulations, or the rules or regulations of COUNTY, and/or any expense in enforcing COUNTY's Airport Security Program, then SECOND PARTY agrees to pay and/or reimburse to COUNTY all such costs and expenses, including all costs of administrative proceedings, court costs, and attorneys'fees and all costs incurred by COUNTY in enforcing this provision. SECOND PARTY further agrees to rectify any security deficiency or other deficiency as may be determined as such by COUNTY or the United States Department of Transportation, Federal Aviation Administration, the Transportation Security Administration, or any other federal agency. In the event Wackenhut Agreement -22- 619/05 SECOND PARTY fails to remedy any such deficiency, COUNTY may do so at the cost and expense of SECOND PARTY. COUNTY reserves the right to take whatever action is necessary to rectify any security deficiency or other deficiency. 10.23.5 Access to Security Identification Display Areas and ldentificatjg��. SECOND PARTY shall be responsible for requesting the Aviation Department to issue identification badges ("SIDA Badges") to all employees who are authorized access to Security Identification Display Areas (SIDA") on the Airport, as designated in the Airport Security Program. In addition, SECOND PARTY shall be responsible for the immediate reporting of all lost or stolen SIDA Badges and the immediate return of the SIDA Badges of SECOND PARTY'S personnel transferred from the Airport, or terminated from the employ of SECOND PARTY, or upon termination of this Agreement. Before a SIDA Badge is issued to an employee, SECOND PARTY shall comply with the requirements of applicable federal regulations with regard to employment history, verification and criminal history checks, and shall require that each employee complete the SIDA training program conducted bytheAviation Department. SECOND PARTY shall pay or cause to be paid to the Aviation Department such charges as may be established from time to time for lost or stolen SI DA Badges and those not returned to the Aviation Department in accordance with this section. Recovery of such charges for lost, stolen, or non -returned badges may be assessed through retainage of that portion of final payment due to SECOND PARTY. The Aviation Department shall have the right to require SECOND PARTY to conduct background investigations and to furnish certain data on such employees before the issuance of SIDA Badges, which data may include the fingerprinting of employee applicants for such badges. 10-23.6 Operation of Vehicles on the AOA. Before SECOND PARTY shall permit any employee of SECOND PARTY or of any subconsultant/subcontractor to operate a motor vehicle of any kind or type on the AOA (and unless escorted by an Aviation Department approved escort), SECOND PARTY shall ensure that all such vehicle operators possess current, valid, and appropriate Florida driver's licenses. In addition, any motor vehicles and equipment of SECOND PARTY or of any subconsultant/subcontractor operating on the AOA must have an appropriate vehicle identification permit issued by the Aviation Department, which identification must be displayed as required by the Aviation Department. 10.23.7 Consent to Search/Inspection. SECOND PARTY agrees that its vehicles, cargo, goods, and other personal property are subject to being inspected and searched when attempting to enter or leave and while on the AOA- SECOND PARTY further agrees on behalf of itself and its subconsultant/subcontractors, that is shall not authorize any employee or Wackenhut Agreement -23- 6/9/05 other person to enter the AOA unless and until such employee or other person has executed a written consent-to-search/inspection form acceptable to the Aviation Department. SECOND PARTY acknowledges and understands that the foregoing requirements are for the protection of users of the Airport and are intended to reduce incidents of cargo tampering, aircraft sabotage, thefts, and other unlawful activities at the Airport. For this reason, SECOND PARTY agrees that persons not executing such consent-to-search/inspection form shall not be employed by SECON D PARTY or by any subconsultant/subcontractor at the Airport in any position requiring access to the AOA or allowed entry to the AOA by SECOND PARTY or by any subconsultant/subcontractors. 10.23.8 The previsions hereof shall survive the expiration or any other termination of this Agreement. 10.24 INCORPORATION BY REFERENCE The truth and accuracy of each AWhereas@ clause set forth above is acknowledged by the parties. The attached Exhibits "A," "A-1," "A-2," "B," "C," and "D" are incorporated into and made a part of this Agreement. 10.25 REPRESENTATION OF AUTHORITY Each individual executing this Agreement on behalf of a party hereto does hereby represent and warrant that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party. 10.26 MULTIPLE ORIGINALS Five (5) copies of this Agreement may be executed by all parties, each of which, bearing original signatures, shall have the force and effect of an original document. (The remainder of this page is intentionally left blank.) Wackenhut Agreement -24- 6/9/05 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor or Vice -Mayor, authorized to execute same by Board action on the a1 _ day of I t-L/Le-- 200 and THE WACKENHUT dul CORPORATION, signing by and through its ' f�, 4 rr'; ; y authorized to execute same. COUNTY ATTEST: It 3 ro rd Coun dministrator, as -officio Cle>�of the Broward County Board of CounivAMM issioners • ,� ACT 1?r�' . P6 A • yif Insurance requirements approved by Broward Coenty Risk Management Division By _ tee, e.%j (Date) Wackenhut (Security Services).a01.doc 6/9/05 Wackenhut Agreement -25- 6/9/05 BROWARD COUNTY, by and through its Board o unty Co issianers BEN GRAUR VICE MAYbR cia 1 day of _ , 20C�' Approved as to form by Office of the County Attorney for Broward County, Florida JEFFREY J. NEWTON, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 By _ Al A. DiCalvo (Date) Assistant County Attorney AGREEMENT BETWEEN BROWARD COUNTY AND THE WACKENHUT CORPORATION FOR SECURITY SERVICES SECOND PARTY ATTEST: 4l;s;5 w. Secreta (Type/Print Name of Secretary) CORPORATE SEAL Wackenhut Agreement _26- 6/9/05 THE WACKENHUT CORPORATION By President/Vice President Robee+ L. IC.Ibride (Type/Print Name and Title) AS.S; 4- S�.ra�ry 7' 4- day of , 20L EXHIBIT "A" SCOPE OF SERVICES SECURITY SERVICES 1. GENERAL: A. The SECOND PARTY will provide security services to various County agencies ("Using Agencies"), as required by COUNTY. Services may encompass a range of basic operations such as standing post, completing reports, and making notifications to specialized functions such as dispatching, motorized vehicle and bicycle patrol, as well as security at specialized sites such as airport gates and courthouses. SECONDPARTYwill be required to provide two classes of Security Officers (Class 11 and Class 111, as described in Exhibit A-1) needed to perform the varying functions that might be needed by a Using Agency. In addition to the training required herein additional training or certification may be required by a Using Agency for any particular function, and such training shall be provided at SECOND PARTY's own expense and at no expense to COUNTY. B. The parties recognize that questions will arise in the day-to-day provision of services to a Using Agency under this Agreement. The Contract Administrator shall advise SECOND PARTY in writing of one (1) or more of the County's employees to whom communications pertaining to the day-to-day conduct of services for each Using Agency shall be addressed ("Using Agency Representative"). SECOND PARTY shall inform the Using Agency and the Contract Administrator in writing of S ECOND PARTY's representative with respect to each Using Agency to whom matters involving the conduct of services under this Agreement shall be addressed C. Security services may be required by any County agency. COUNTY and SECOND PARTY recognize that all requirements of the services contemplated herein cannot be determined with precision at the time of the award of this Agreement. However, it is anticipated that the services will be provided to various types of facilities or buildings and may include the use of Security Detection Equipment as is found in airports or courthouses. It is understood that such matters as total number of guard hours required, scheduling, the advertising and announcing of available services, location of posts, will have to be determined and/or adjusted from time to time as the needs of the County dictate. It is the intent and purpose to conduct the services in such a manner as to provide the most efficient operation of the County. All advertising by SECOND PARTY for potential employees for this Agreement shall be as an Equal Opportunity (EEO) employer. D. SECOND PARTY must comply with the hours of coverage requested, which may be up to twenty-four (24) hours per day. COUNTY reserves the right to request any changes in the number of guards, number of guard hours of coverage, and guard work locations that may be required by the Using Agency. E. Work schedules include shift -work during a twenty-four (24) hour period, and include weekends and public holidays at the standard rate of pay set forth in the Agreement. Schedule requirements for guards will be determined by the Using AGENCIES, IN accordance with operational needs. Unless otherwise specified in instructions from any Using Agency, post coverage will be continuous for the required hours. Second Party will be responsible to provide and cover its employee's breaks, including lunches, rest periods, EXHIBIT "A" (Continued) personal needs, etc. Accommodations or facilities for the above is not required to be provided by the County. Second Party is required to send security guards to a Using Agency that are qualified to provide the specific guard services required at the particular County site and that are physically capable of rendering such services underthe conditions present at the particular County site. F. COUNTY reserves the right to add, delete, or make changes to any guard requirements, including hours of coverage, post location, numbers of posts, number of guards, Guard Class, etc. No guarantee as to the total amount of guard hours to be used by COUNTY under this Agreement is implied herein. G. If SECOND PARTY desires to remove any guard stationed at any County site, SECOND PARTY shall give the Using Agency Representative at least 5 days written notice of same, unless an emergency condition shall require shorter notice. If any employee stationed at any County site is terminated by SECOND PARTY, SECOND PARTY shall give the Contract Administrator and the Using Agency Representative immediate written notice of such action. The foregoing actions are required so that County can remove such personnel from its security systems.in an expeditious manner. H. Upon written or verbal request of any Using Agency Representative or the Contract Administrator, the SECOND PARTY shall remove any security guard from a County site and reassign such guard or take other appropriate action. Such request may be made by the Contract Administrator or a Using Agency Representative for operational reasons, or because the appearance, demeanor, or conduct of such guard is unsatisfactory 1. EMPLOYEES CONFIDENTIALITY TRAINING AND CERTIFICATIONS. All SECOND PARTY personnel providing service to locations subject to JCAHO and HIPAA confidentiality standards must meet specific confidentiality training and certification standards. These requirements consist of completing a short, programmed text manual and satisfactorily completing an open book test of materials covered in the text. Completed test results shall be provided to the affected agencies at each location covered by these regulations. The SECOND PARTY employees providing service to these locations must have successfully met the requirements of this standard prior to working on the job. Initial copies of instructional and testing materials will be furnished to SECOND PARTY by affected agencies. The instruction, training, and certificates, and all costs associated therewith, shall be the responsibility of the SECOND PARTY. 11. REQUIREMENTS OF SECOND PARTY: A. SECOND PARTY - shall have available qualified, competent, active knowledge of contract specifications, and experienced management staff during the hours that service is being provided who shall have the overall responsibility for supervising security services to be provided under this Agreement. Such management shall be authorized to represent and act for SECOND PARTY; meet with the Contract Administrator and the Using Agency Representatives to discuss personnel and work performance; and work accordingly as necessary to assure satisfactory performance of this Agreement. A list of names and schedule of the management, including all applicable telephone numbers for emergency -2- EXHIBIT "A" (Continued) notifications, will be provided to the Contract Administrator prior to the execution of this Agreement. SECOND PARTY shall insure that guards are prompt and that posts are covered at all times. C. SECOND PARTY shall provide and post the guard work -shift schedule. This schedule will be provided to Contract Administrator and the Using Agency Representative one week in advance. D. SECOND PARTY shall provide all personnel with an approved I.D. card to be worn conspicuously by all personnel on duty. E. SECOND PARTY shall ensure that its employees will abide by all rules and regulations as set forth by the Using Agencies. F. SECOND PARTY shall be responsible for deportment, appearance, conduct, and supervision of all its personnel concerned with the operation of the security services provided to COUNTY pursuant to this Agreement. All such personnel under the responsibility of SECOND PARTY will be required to comport themselves in a respectable manner, to behave in a manner suitable for a public servant, and to be polite, courteous, cooperative, and pleasant in the conduct of their duties. G. SECOND PARTY shall make available to the Contract Administrator and the Using Agencies, upon request, on an ongoing basis throughout the term of this Agreement, the complete personnel file of each employee to be assigned to work under this Agreement. The personnel file shall contain copies of, but not limited to, the following documents: Any polygraph reports, medical examinations, training test results and certifications, proof of education, firearm licenses, state guard service licenses, employment application, and drivers license number and expiration date. H. SECOND PARTY shall, at its expense, will make random and routine checks by its management staff of all on -duty personnel for proper performance of duty. However, COUNTY reserves the right to establish a specific schedule, at no additional cost to COUNTY, if these checks prove insufficient and inadequate. All checks will be logged with appropriate remarks. Such inspections shall be no less than once weekly and a copy of all reports shall be provided to the Contract Administrator and the appropriate Using Agency Representative within one week of such inspection. SECOND PARTY shall confiscate any County -issued identification cards, security pouches, and any other County property immediately, and return the same to COUNTY on termination of any employee assigned to any County site pursuant to this Agreement. 9912 EXHIBIT "A" (Continued) III. EMPLOYEE SPECIFICATION: A. GENERAL: 1. The type of work involved is independent, requiring considerable public contact. Work requires the application of independent judgment and the interpretation of established policies and procedures. Work is performed within general guidelines and is reviewed for compliance with desired results. KNOWLEDGE, ABILITIES, AND SKILLS: All employees assigned to the County under this Agreement must meet the following criteria: Ability to establish and maintain effective working relationships with the general public and other employees. 2. Ability to maintain clerical records and prepare written reports as required. 3. Ability to work effectively and efficiently without direct supervision. 4. Ability to detect and report unsafe conditions. 5. Be polite, courteous, and cooperative at all times, especially during times of stress. C. QUALIFICATIONS: All employees assigned to County under this Agreement must satisfy the following criteria: Must be in possession of all licenses and/or permits required by all County, local, state, and federal laws and regulations as applicable to the position, including but not limited to those required by Section 493.01, Florida Statutes. 2. Must produce evidence that prior security work was performed to the satisfaction of the former employer(s); such evidence being retained in the employee's personnel file. 3. Must be in possession of a valid Florida Operator's Driver's License. SECOND PARTY is required to maintain a record in each employee's personnel file which shows driving license number and expiration date. SECOND PARTY is required to ensure that licenses remain current, 4. Personal cleanliness is mandatory, 5. Guards in all classifications must be at least 21 years of age, and ha�e a high school diploma or a G.E.D., or the higher education required by Section F (Specific Specifications Per Class) for the particular position. 'They must be able to successfully pass a National Criminal Background check and any othe r background check required by the Using Agency or the Federal Aviation Administration, a medical examination which includes a drug screening (after having been offered 101 EXHIBIT "A" (Continued) employment by SECOND PARTY), and shall receive training frorn SECOND PARTY. 6. State of Florida Guard License Requirements: a. Classifications 11 and III: Florida State Guard License "D"; b. Classification III: Florida State Gun License "G." 7. All classifications must be able to read, write, speak, understand, and be understood in English. Oral command of English must be sufficient to permit understandable communication, even in time of stress. 8, If requested by the Using Agency, guards must be reviewed.and/or interviewed and receive approval by Using Agency Representative before acceptance for the assignment. D. ELIGIBILITY CRITERIA: All security personnel employed by SECOND PARTY under this Agreement are required to meet certain minimum qualifications or standards regarding background, experience, health, and licensure, as established herein unless specifically and individually waived in writing by the Contract Administrator. The final decision as to the suitability of security personnel for employment rests with the Contract Administrator. 1 Must be a citizen of the United States of America, or an alien who as been lawfully admitted for permanent residence as evidenced by an Alien Registration Receipt Card form 1-151, or who presents other evidence from Immigration and Naturalization Service that employment will not affect immigration status. Acceptable evidence shall consist of a birth certificate or appropriate naturalization papers. 2. May not be employed under this Agreement if they currently or have in the past been involved in: a. Any felony or sex conviction. b. Military conduct resulting in dishonorable or undesirable discharge. 3. Must successfully complete a medical examination, to be conducted at SECOND PARTY'S expense, priorto duty assignment or when required for reasonable cause by County. Results are required as follows: a. Must be able to safely perform the duty assignment without posing a direct threat to the health or safety of others. b. Binocular vision, correctable to 20/20 (Snellen). C. Ability to distinguish basicas well as shades of color in both normal and peripheral vision, where required by the essential duties of the position. -5- FXHIRIT "A" (Continued) d. Able to hear ordinary conversation at 20 feet, and whispered conversation at 10 feet, without the use of a hearing aid, where required by the essential duties of the position. e. Pass a urinalysis test showing freedom from illegal drug use and from illegal use of prescription drugs. f. Must be free from any physical, emotional, or learning impairment that results in functional limitations that prevent the ability to safely perform the essential duties of the position. E. SECURITY GUARD TASKS SHALL INCLUDE, AS APPROPRIATE: 1. Reports to work on time and holds over on assigned duties until relieved as required. 2. Maintains good personal and uniform appearance; is courteous to the public and County personnel at all times. 3. Covers an assignment at a fixed post or patrols an area orfacility forthe purpose of detecting and preventing individuals or groups from committing acts which are injurious to others or to property. 4. Intervenes to terminate injurious acts and may attempt to detain individuals for further investigation or arrest where circumstances and conditions warrant. 5. Communicates effectively with the public and County personnel; directs visitors to personnel and services within the facility. 6. Visually screens and prepares written record of contents of packages/parcels being carried in and out of the facility to secure against theft; ensures that transmittal forms accompanying materials being removed from the facility contain a necessary authorizing signature. 7. Makes patrols in accordance with routes and schedules established in the Post Orders. Where installed and in working order, the watchman reporting systems shall be used by uniformed personnel to record their presence at the designated stations. 8. Raises and lowers flags at designated times. 9. Verifies the security of safes and other areas where equipment or materials of value are stored. 10. Locks and unlocks gates and doors at designated times. EXHIBIT "A" (Continued) 11. Turns up lighting at the beginning of each business day to permit ingress of employees, vendors, and authorized personnel, and reduces andlor turns off lighting as required. 12. Ensures that only authorized personnel are permitted access to closed or restricted facilities or areas by detaining unidentified or unauthorized individuals. 13. Responds to reports of ill or injured patrons, visitors, or employee, renders first aid, and notifies supervisor if further assistance is considered necessary or desirable. 14. Performs minor operations and/or records data in connection with the operation of facility utility systems when required by written instructions from the Building Manager. 15. Reports safety hazards, malfunctioning equipment, liquid spills, and other such matters to appropriate maintenance personnel. 16. Monitors and operates facility fire alarm and intrusion detection systems and other protection devices or facility equipment. 17. Responds to scene of locally activated fire, burglar, or other alarms, or other emergency situations, evaluates situations encountered, and takes action as prescribed in Post Orders and/or facility self-protection plans. 18. Investigates questionable acts or behavior observed or reported on County premises and questions witnesses and suspects to ascertain or verify facts. 19. Operates a motor vehicle where required.. 20. Maintains order and uses good judgment and discretion in handling unruly or trespassing public. 21. Maintains daily logs and writes daily reports, incident reports, and non -employee injury reports. 22. Provides escort services and assists other security personnel as required. 23. Operates Lost and Found in a manner that allows the public to claim lost items. 24. Directs traffic, controls parking, and issues parking violation warnings as authorized by the Contract Administrator. 25. Maintains order within areas of assignment. 26. Operates an entrance control post. Accepts registered mail and parcels or operates and enforces a system of personnel identification. Performs package inspection when directed by the Contract Administrator through Post Orders. Checks identification cards and records names of ALL, PERSONNEL wishing to enter the facility after normal working hours. -7- EXHIBIT "A" (Continued) 27. Safeguards and protects all existing structures, utilities, service, roads, trees, shrubbery, etc. against damage or interrupted service. SECOND PARTY shall be held responsible for any damage to the property occurring by reason of the negligence of SECOND PARTY'S employees or agents on the property. 28. If requested, have the training and ability to use particular computer applications, as required by the job site. F. SPECIFIC SPECIFICATIONS PER CLASS: 1. CLASS 11: This is an intermediate classification of security officer. This classification may be used in sensitive and high visibility areas. The individual must meet all of the following minimum criteria: a. Professional appearance and demeanor, with above average communication skills. b. At least 21 years of age. C. Successful Completion of Background Investigation, as set forth in the Proposal Documents, and including any additional requirements of any Using Agency or the FAA. d. Completion of State Required 16 Hours of Training for "D" Security Officer License. e. Have attended the 40-hour training class described in Proposal Documents, to be conducted by SECOND PARTY prior to assignment to a County site, and have attended an 8-hour refresher course each year. f. - criteria: n addition, the individual must meet one or more of the following cr,,.,,.,,,,w„ (i). One (1) year of law enforcement or military experience from any branch of the Armed Forces with an honorable discharge documented on a DD214 form; or (ii). At least two (2) years of college experience (60 semester credit hours), resulting in an associate's degree or higher; or (iii). One (1) year as a security supervisor or three (3) years security experience with a meaningful employment history. 2. CLASS III: This is the highest classification of security officer. This classification shall work at courthouses and shall serve as dispatchers for Office of Environmental Services and other specialized locations requiring this type of background. The individual must meet all the following minimum criteria: EXHIBIT "A" (Continued) a. Graduate of a certified federal, state, county, or local law enforcement training program, military police training or equivalent with appropriate certificate or diploma. b. Have a minimum of three (3) full years experience in certified law enforcement in a military or civilian setting (applies to armed officers only). C. Professional appearance and demeanor, with above average communication skills. d. At least 21 years of age. e. Successful Completion of Background Investigation, as set forth in the Proposal Documents and including any additional requirements of any Using Agency or the FAA. f. Completion of State Required 16 Hours of Training for "D" Security Officer License. g. Have attended the 40-hour training class described in Proposal Documents, to be conducted by SECOND PARTY prior to assignment to a County site, and have attended an 8-hour refresher course each year. 3. SITE SUPERVISOR: This position may be needed at certain County sites as determined by the applicable Using Agency Representative. The individual must meet all of the following minimum criteria: a. Possess verifiable supervisory experience within either civilian law enforcement, military, or with certified security firm. b. Graduate of a certified federal, state, county, or local law enforcement training program, military police training, or equivalent with appropriate certificate or diploma. C. Have a minimum of three (3) full years of experience in certified law enforcement in a military or civilian setting. d. Professional appearance and demeanor, with above average communication skills. e. At least 21 years of age. f. Successful Completion of Background Investigation, as set forth in the Proposal Documents and including any additional requirements of any Using Agency or the FAA. ME EXHIBIT "A" (Continued) 9. Completion of State Required 16 Hours of Training for "D" Security Officer License. h. Have attended the 40-hour training class described in the Proposal Documents, to be conducted by SECOND PARTY prior to assignment to a County site, and have attended an 8-hour refresher course each year. IV. TRAINING GENERAL: SECOND PARTY is required to provide training to all field personnel in order that the COUNTY may be assured said personnel are capable of assuming the responsibilities for their assignments. The cost for such a training program is to be accommodated within the overall hourly billing rate of SECOND PARTY, i.e., the time spent by staff in such a program, though required, is not billable. All SECOND PARTY security personnel must successfully complete and pass the course priorto assumption of duty under this Agreement. This training course is to have the components set forth and submitted prior to award and must be expressly approved by the Contract Administrator. 2. All employees assigned under this Agreement must already have completed orientation and basic training by SECOND PARTY including at least eight (8) hours facility operations before the employee is allowed to perform any services for COUNTY. Evidence of this must be provided to the COUNTY prior to assigning the employee. This training will be at SECOND PARTY'S expense. 3. Applicable post orders will be maintained on -site and updated immediately when changes occur. Log books to record pertinent daily information should be kept at each post. In addition, an ample supply of blank forms should be kept and used to record events that require further action and information that needs to be brought to the attention of COUNTY. A copy of all post orders, log books, and other documentation shall be provided to the Using Agency, if requested. 4. Training also to include films, emergency service and procedures, and traffic control. 5. Training shall also include course materials on "Accommodations to the Using Agencies Operational and Facilities Policies for Disabled Persons" as approved by the Disability Affairs Section of the County's Office of Equal Opportunity. B. EVALUATION OF TRAINING The Contract Administrator, and the Using Agencies as applicable, shall evaluate the quality and completeness of training provided to all SECOND PARTY personnel. Evaluations will include, but not be limited to, reviews of techniques and methods of instruction, quality of instructors, motivation, adequacy of classroom and supportive adjunct training materials, test content, and individual guards' retentiveness. C. INSTRUCTORS All formal training is to be taught and/or presented by persons who are appropriately _10- EXHIBIT "A" (Continued) certified in one or both of the following ways: By an accredited institution Df learning or governmental educational certification body, or by documentation that the individual has sufficient experience with the subject matter to instruct students in an authoritative, practical, current manner. All site training shall be provided by a site supervisor or an experienced guard meeting the approval of the Contract Administrator. D. COURSE OF INSTRUCTION A written copy of the proposed course of instruction shall be provided for review and approval by SECOND PARTY to the Contract Administrator prior to execution of this Agreement. A representative(s) of the Contract Administrator may visit the training classes without notice, to monitor this course. E. CERTIFICATION OF TRAINING All training, with the exception of the follow-up orientation and subsequent training of replacement guards, shall be completed prior to assignment under this Agreement. A written certification of each employee's training, including supervisors, shall be submitted to the Contract Administrator and Using Agency, as applicable, prior to an employee's entrance to duty, except as specifically waived by the Contract Administrator. F. TRAINING FOR SECURITY PERSONNEL Basic Instructional Training Each contract security guard is to receive a minimum of 16 hours total of classroom instruction, excluding firearms qualification, in the subject areas listed, SECOND PARTY may exercise full discretion overthe format or course outline for instruction, as long as all subject matter identified is adequately addressed in training. As part of the proposed course of instruction to be submitted to the Contract Administrator for review, SECOND PARTY shall identify the total hours of training to be provided, as well as an approximate distribution of time among topical areas. This also includes replacement guards. a. Orientation to Broward Count History and role as public service provider Contract personnel as representatives of County Types of facilities secured under contract. Role of County facility managers b. Use of Communications Eguipment Telephone Two-way radio Routine and emergency procedures C. Protection of Facility (8 Hours On -Site) Philosophy: protection through prevention County rules and regulations impacting post "Accommodations to the Using Agencies Operational and Facilities Policies for Disabled Persons" Post orders and other contractual responsibilities General and specific orders Foot patrol methods, including watchman's clock tours Vehicular patrol methods EXHIBIT "A" (Continued) Access control, including people and packages Circulation and crowd control Interviewing techniques Safety inspection and awareness d. Report Writin Written report methods and requirements Requirements for legibility and literacy e. Basic First Aid -- including CPR f. Social Situations Escort services Loiterers Vandalism - Threats of personnel safety Burglary, robbery, or theft - Espionage Sabotage - Drug/Alcohol g. Emergency Services - Emergency or disaster response procedures - Fire control systems and equipment Fire Prevention - Fire fighting methods and procedures Responding to facility alarms Law enforcement/private security relationship Riot or crowd control - Reporting procedures for emergencies or other non -routine incidents h. Written Examination Classroom instruction Report writing - Each guard shall be tested for reading comprehension and ability to write a clear and comprehensive report. The result of these tests must be certified to the Contract Administrator as part of each guard's file. 2. Testing Requirements As part of this training, SECOND PARTY shall administer to each employee a two- part written test designed to confirm and evaluate the employee's level of understanding. a. Retention of Information — This part of the test is to be of a non -essay nature and include a minimum of 100 questions designed to evaluate understanding of all areas of the course of instruction. To be eligible for duty under this Agreement, a security guard must achieve a score of 75% correct answers or higher. b. Report Writing —This portion of the test is designed to assess the individual's -12- EXHIBIT "A" (Continued) ability to succinctly summarize pertinent information related to an incident and to prepare the proper reports meeting contractual requirements for legibility and English fluency. While SECOND PARTY may exercise some discretion in format, the test should at a minimum require the employee to select the appropriate report(s), select pertinent facts from a wriften narrative, oral presentation, or film depicting an event, and to complete the report in an adequate manner. 3. Site Orientation Training SECOND PARTY shall provide a minimum of eight (8) hours of on -site training for Security Guards for each shift to be worked in order to familiarize each guard with the post. Additional hours may be required at specific posts, and shall be detailed in the appropriate Post Orders. Said training shall be conducted by a site shift supervisor or experienced guard/officer who is fully qualified at the post. The trainee is not to be in an active duty status and may not be placed on duty at that site until said training has been completed. This training is to be conducted at each different job site to which the guardloffice is assigned. The measure of success for the training shall not be the time invested (e.g. eight (8) hours) but rather the effectiveness with which the trained employee is able to perform post duties. The COUNTY shall be the sole assessor of that effectiveness. The Site Orientation Training will consist of the following: a. General and specific orders for the facility. b. Policy and specific procedures for responding to emergency alarms, bomb threats, incendiary devices in the facility. C. Procedures for access control and operation of the security system within the facility. d . Procedures for operation of the fire alarms, fire control system, and fire- fighting equipment. 4. Refresher Training (RT) Periodic training of each employee is required to be conducted by contract supervisors in order to insure continued understanding of and familiarity with existing or new facility conditions. Refresher Training is to be conducted at a minimum of one time within the first 14 days of an employee's post assignment, and additionally at the request of the Using Agency or at the request of the Contract Administrator. Such training shall be conducted at the expense of SECOND PARTY and may include, should circumstances dictate (e.g. repeated violations of a guard), not only Site Orientation Training but also any or all portions of Basic Instructional Training. V. UNIFORMS AND RELATED EQUIPMENT AND SUPPLIES FOR SECURITY GUARDS: A. UNIFORMS All uniforms shall be provided by SECOND PARTY and/or employees. COUNTY will not provide any uniform or uniform element. SECOND PARTY must ensure that all security personnel and supervisors are fully equipped and wearing complete County -approved uniforms including uniform jackets with required patches and guard name tags. -13- EXHIBIT "A" (Continued) Security Personnel shall wear uniforms whose color and style have been approved in advance by the Contract Administrator or the Using Agency. All employees performing under this Agreement shall be required to wear the same color and style of uniform, distinguished only by SECOND PARTY identification patches (see below), Uniforms do not have to be new, but MUST be in good condition and meet contract standards. Said uniforms will consist of the following items unless otherwise required under the terms of this Agreement: Trousers, all -season weight, all the same color and style. 2. Shirt/blouse, short or long sleeve all the same color and style. 3. Belt -solid black. 4. Neck tie — solid black unless waived for the specific location by Using Agency Representative. 5, Tie bar (see [4] above) 6. Socks — solid black 7. Shoes — solid black 8. Shoulder patches lettered to indicate the name of SECOND PARTY shall be worn on both shoulders of the uniform jacket and shirt. No other identification of SECOND PARTY or employee shall be worn or displayed on the uniform. 9. Uniform hat - "Baseball" style cap, with a patch that identifies the SECOND PARTY may be used on posts with approval of the Using Agency Representative. Regulation uniform hats may be required at certain sites and are to be provided by SECOND PARTY. Baseball caps are not to be worn at major facilities. 10. Name tags and current photo I. D. card issued by SECOND PARTY to be w&n over the right breast pocket. 11. Foul weather clothing, including raincoats, boots, and/or security jacket, shall be required for those employees assigned to perform duties while exposed to cold and/or inclement weather conditions. All foul weather clothing must be identical in style and color for each guard, and marked with SECOND PARTY'S identification logo or name, or an insignia. 12. , All employees must wear clean, pressed uniforms at all times while on duty at a County Post. Contract Administrator and Using Agency Representative shall have the right to require the immediate replacement of any employee on duty who is out of uniform. B. EQUIPMENT FOR SECURITY GUARDS Except as specifically noted, or provided for in this Agreement, security guards shall be equipped at all times while on duty with the following items: Unarmed Guards a. Pistol belt, without shoulder strap -14- EXHIBIT "A" (Continued) b. Whistle, with metal chain attachment C. Flashlight; heavy-duty (2 or more D-cells) d. Baton, a pproved police -style, belt -attached, but not usually worn. The use of a PR.24 requires current certification of the user. e. Two-way radio, licensed for use by the Federal Communications Commission (FCC), and meeting all requirements as specified in this Agreement. 2. Armed Guards Armed Guards will be provided only as specifically requested by the Using Agency Representative, and approved by the Contract Administrator. a. Pistol belt, with shoulder strap. b. All of the equipment listed above. C. Pistol C. VEHICULAR EQUIPMENT Security personnel may be required by COUNTY to operate licensed motor vehicles in order to move between non -adjacent scheduled foot -patrol assignments or to conduct vehicular patrols on an area. Likewise, they may be required to operate off-street motorized carts in order to conduct vehicular patrol of an area. Said vehicles will be provided through this Agreement by SECOND PARTY and maintained by SECOND PARTY for the duration of this Agreement. Vehicle types, color, markings, lights, and other features shall be approved by the Contract Administrator or the Using Agency Representative. SECOND PARTY may be required to provide a maximum of up to three (3) off-street motorized carts. Security Cart/Vehicle: Solid state electric golf carts and charger with security beacon and side panels. Four (4) wheels, two (2) person capacity (including driver), with back compartment. Rate is inclusive of all maintenance. 2. Patrol Vehicles: Fully equipped high profile (i.e., visible), well marked, utility patrol vehicle, equipped with light bar, security markings, jumper cables, first aid equipment, traffic cones, and flares. Rate is inclusive of all fuel and maintenance. Vehicles can be marked to identify specific County sites, if required. 3. Patrol Bicycles: Raleigh 15 speed or equivalent, fully equipped police quality bicycles. Rate is inclusive of all maintenance. D. USE AND MAINTENANCE OF EQUIPMENT AND UNIFORM 1 The uniform and equipment shall be used only when security personnel are on official duty or while in transit between their place of residency and assigned duty station. Furthermore, at any and all times while in uniform, security personnel and _15- EXHIBIT "A" (Continued) supervisors are required to wear a complete uniform, and to be fully equipped. Also, security personnel shall not be permitted to provide themselves with any unauthorized equipment such as chemical agent, concealed weapons, personal' radios, or other items not specifically approved by this Agreement or by Contract Administrator or Using Agency Representative. 2. Maintenance of Uniforms and Equipment SECOND PARTY is responsible foras,suring that security personnel rnaintain a neat appearance in accordance with contract standards, up to and including responsibility for maintenance and replacement of uniforms, as necessary. Likewise, it is expected that all equipment used by SECOND PARTY, provided by either party, shall be kept clean, well -maintained, and in safe operating condition at all times, free from defects or wear which may in any manner constitute a hazard to any person or persons on County property. VII. COUNTY -FURNISHED ITEMS: The COUNTY shall furnish without cost to SECOND PARTY, to be used only in connection with the performance of this Agreement, the following materials and equipment. A. Facility Post Orders:, Post orders are to be prepared, with reasonable and periodic update, for each individual post by Using Agency Representative, with the advice of the Second Party. The Contract Administrator shall have the responsibility for distributing a single copy of the subject post orders to SECOND PARTY, who shall in turn be responsible for ensuring appropriate distribution of the orders to all field security personnel. SECOND PARTY shall not make any alterations to the post orders except as specifically approved in writing by the Using Agency Representative, or the Contract Administrator. B. FORMS: Required forms and other documentation used in reporting procedures at specific posts will be provided or approved by COUNTY. C. WATCH CLOCKS: Watch clocks required under this Agreement for the completion of security tours will be supplied by COUNTY. SECOND PARTY will be responsible for the repair or replacement of County supplied watch clocks caused by harsh treatment or misused of clocks as determined by the repair company. Dials, key and routine maintenance shall be supplied by COUNTY. Note: Contract personnel are not to open watch clocks under any circumstances. D. REPLACEMENT: SECOND PARTY assumes full responsibility for all equipment issued by COUNTY to SECOND PARTY solely for performance of the work contained herein. SECOND PARTY shall reimburse COUNTY, at currently market rates, for all equipment that is lost, damaged, stolen, or otherwise unavailable. Upon termination of this Agreement, all equipment shall be returned to COUNTY in good operating condition, less reasonable wear and tear. VII. CONTRACTOR -FURNISHED ITEMS A. WORKING MATERIALS SECOND PARTY shall provide all working materials necessary for proper performance of this Agreement including, but not limited to, items such as bound logs, notebooks, pens, and pencils. These materials shall be supplied by SECOND PARTY at no expense to -16- EXHIBIT "A" (Continued) COUNTY, unless otherwise specified by this Agreement or the Contract Administrator. All materials required to perform this Agreement and not otherwise mentioned as being provided by COUNTY shall be provided by SECOND PARTY and/or employee at their expense. B. MINIMUM UNIFORM AND EQUIPMENT ISSUE 1. In order to ensure that all on -duty security personnel are fully equipped and meet contractual standards for neatness of appearance, SECOND PARTY will be required to issue to each employee, and maintain throughout the term of this Agreement, uniforms, and equipment in the following numbers: a. Trousers, four (4) b. Shirts/blouses, five (5) C. One (1) set of all other uniform components as specified in Section V.A. 2. HAND-HELD RADIOS a. Two-way hand-held radios, licensed for use by the Federal Communications Commission, are to be provided by SECOND PARTY to on -duty contract security guards, and supervisors. b. In addition, SECOND PARTY shall provide upon request similar radios, with portable chargers, to Security Management personnel supervising this Agreement, not to exceed two in number, and to be returned to SECOND PARTY upon expiration of the Agreement. Should any additional radios be required, SECOND PARTY agrees to rent additional radios to COUNTY at a rate of two dollars per day, per radio. C. Base station to have telephone service and be capable of contacting vendor's project managers and management personnel 24 hours per day, 7 days per week. d. SECOND PARTY personnel must be available at the Central Dispatch Stationing who have the ability and authority to take immediate action on the behalf of the COUNTY or SECOND PARTY, as required. This station shall have a complete roster of all security officers assigned COUNTY posts and hours to be worked. e. System Quality Radio communications among system users (i.e. County and Second Party security personnel) is expected to be strong and clear at all times ("five by five"), both transmitting and receiving. SECOND PARTY shall be totally responsible for providing and maintaining system quality. 3. Other E ui ment — Per Section V.B.: a. Pistol Belt b. Flashlight C. Whistle -17- EXHIBIT "A" (Continued) D. ENFORCEMENT The Contract Administrator is responsible for ensuring that the Second Party adheres to contractual requirements with regard to uniforms and equipment issues. so EXHIBIT ,,A-1" SECURITY SERVICES COMPENSATION ALL HOURLY BILLING RATES FOR THE CONTRACT PERIOD SHALL REMAIN FIXED THROUGH SEPTEMBER 30, 2006. ON OCTOBER 1, 2006, AND EACH YEAR THEREAFTER THROUGH THE TERM OF THIS AGREEMENT, THE CONTRACT HOURLY BILLING RATES WILL BE ADJUSTED IN THE SAME PERCENTAGE AMOUNT AND AT THE SAME TIME AS THE ADJUSTMENT USED FOR THE LIVING WAGE ORDINANCE. ALL OTHER PRICES, TERMS, AND CONDITIONS SHALL REMAIN FIXED FOR THE INITIAL CONTRACT PERIOD AND ANY RENEWAL PERIOD(S). Security Alert Base Overtime Overtime Initial Year Hourly Rates Class 2 $16.85 $23.59 $21.06 Class 3 $19.01 $26.61 $23.76 Supervisor $22.94 $32.12 $28.68 Contract Monthly Rates Security Cart $300.00 Patrol Vehicle C11 $1,000.00 Patrol Vehicle C12 $1,500.00 Patrol Bicycle $150.00 -1- EXHIBIT "A-2" SECURITY SERVICES Name William B. Schira Ed Farnan Ron Brown Major Dan Poole Major Walter Grafer Major Gary Carlson Major Rick Roberts Captain Isak Kaleva Position Area Manager Manage, Physical Security Personnel Manager Area Supervisor Area Supervisor Area Supervisor Area Supervisor Senior Street Captain 6E EXHIBIT "B" SECURITY SERVICES DEPARTMENTS AVIATION DEPARTMENT BROWARD COUNTY SECURITY SERVICES ESTIMATED REQUIREMENTS HOURS HOURS PER HOURS PER HOURS PER PER WEEK WEEK WEEK WEEK CLASS 3 SUPERVISOR TOTAL. CLASS 2 AIRPORT OPERATIONS ACCESS GATES 240 40 280 PARKING LOT PATROL 442 40 482 PARK 'N SAVE 168 168 PERRY AIRPORT 56 56 ENVIRONMENTAL SERVICES DEPARTMENT ENVIRONMENTAL COPANS 80 80 EOD COPANS ROAD 168 168 WATER PLANT SITES 252 252 FACILITIES MANAGEMENT DEPARTMENT NORTH REGIONAL COURTHOUSE 190 80 40 310 SOUTH REGIONAL COURTHOUSE 180 80 40 300 WEST REGIONAL COURTHOUSE 180 80 40 300 1200 GARAGE 55 55 MIDRISE PARKING GARAGE 100 45 145 MIDRISE SUBSTANCE ABUSE BARC CENTRAL 48 48 BOOHER 46 46 OTHER AGENCIES BUILDING CODE SERVICES 0 FAMILY SUCCESS CENTERS 100 100 INTEGRATED WASTE MANAGEMENT 100 100 LIBRARIES 200 155 40 395 PARKS AND RECREATION 120 120 STREETS AND HIGHWAYS 168 168 TRANSIT DIVISION 505 40 545 TOTAL 1,347 2,371 400 4,118 -1- Exhibit "C" FORM OF PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: .That we as Surety, are bound to the Board of County Commissioners of Broward County, Florida, as Obligee, hereinafter called COUNTY, in the amount of Dollars ($ ) for the payment whereof SECOND PARTY and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, SECOND PARTY has by written agreement entered into a Contract dated the _ day of , 2003, with COUNTY for which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. THE CONDITION OF THIS BOND is that if the SECOND PARTY: .1. Performs the Contract between the SECOND PARTY and the COUNTY for , the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2_ Promptly makes payments to all claimants supplying SECOND PARTY with labor, materials, or supplies, used directly or indirectly by SECOND PARTY in the prosecution of the work provided for in the Contract; and 3. Pays COUNTY all losses, damages, expenses, costs and attorneys fees including appellate proceedings, that COUNTY sustained; and 4. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this Bond is void; otherwise it remains in full force. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Whenever SECOND PARTY shall be, and declared by COUNTY to be, in default under the Contract, the COUNTY having performed COUNTY'S obligation thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the CONTRACT in accordance with its terms and conditions; or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible Bidder, or, if the COUNTY elects, upon determination by the COUNTY and surety jointly of the lowest responsible Bidder, arrange for a Contract between such Bidder and Exhibit "C" (Continued) COUNTY, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract price," as used in this paragraph, shall mean the total amount payable by COUNTY to SECOND PARTY under the Contract and any amendments thereto, less the amount properly paid by COUNTY to CONTRACTOR. No right of action shall accrue on this bond to or for the use of any person or corporation other than the COUNTY named herein or their heirs, executors, administrators or successors. Signed and sealed this day of , 20 ATTEST: Corporate Secretary (Print/Type Name of Secretary) (CORPORATE SEAL) IN THE PRESENCE OF: IM Address: Agent and Attorney -in -Fact (Street) (City/State/Zip Code) (Telephone No.) (Name of Corporation) 2-9 Signature (Print/Type Name and Title) INSURANCE COMPANY: 6/3/05 -2- EXHIBIT D SCHEDULE OF M/WBE PARTICIPATION SECOND PARTY agrees that the M/WBE participants listed below have agreed by written subcontract to perform the work for the dollar value set forth and that the following information regarding Participating Subcontractors is true and correct to the best of his/her knowledge: ENTERPRISE SECURITY, INC (NAME OF PARTICIPATING CONTRACTOR) 4786 W. COMMERCIAL BLVD., TAMARAC FL 33319. (NAME OF PARTICIPATING CONTRACTOR) (ADDRESS) SECURITY OFFICER SERVICES (ADDRESS) (SCOPE OF WORK TO BE PERFORMED) $ 20% OF CONTRACT VALUE (SCOPE OF WORK TO BE PERFORMED) $ (TOTAL DOLLAR VALUE) M/WBE GROUP: MINORITY (TOTAL DOLLAR VALUE) M/WBE GROUP: (NAME OF PARTICIPATING CONTRACTOR) (NAME OF PARTICIPATING CONTRACTOR) (ADDRESS) (ADDRESS) (SCOPE OF WORK TO BE PERFORMED) (SCOPE OF WORK TO BE PERFORMED) (TOTAL DOLLAR VALUE) M/WBE GROUP: (TOTAL DOLLAR VALUE) M/WBE GROUP: (NAME OF PARTICIPATING CONTRACTOR) (NAME OF PARTICIPATING CONTRACTOR) (ADDRESS) (ADDRESS) (SCOPE OF WORK TO BE PERFORMED) (SCOPE OF WORK TO BE PERFORMED) ('TOTAL DOLLAR VALUE) M/WBE GROUP: (TOTAL DOLLAR VALUE) M/WBE GROUP: PLEASE ATTACH ADDITIONAL INFORMATION IF NECESSARY. Exhibit D to Wackenhut Agreement -1- 5/31 /05