HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-211Temp. Reso # 10514 — Revision #1
August 12, 2004
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2004- ,7-/ 1
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE AGREEMENT ADDENDUM
#2 WITH THE WACKENHUT CORPORATION FOR SECURITY
SERVICES UTILIZING BROWARD COUNTY RLI NO.
D090297RB EFFECTIVE AUGUST 5, 2004 THROUGH
AUGUST 4, 2005; AUTHORIZING AN EXPENDITURE IN AN
AMOUNT NOT TO EXCEED $4,500.00 PER MONTH;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Tamarac requires security guard services at City Hall; and
WHEREAS, Broward County awarded RLI No. 090297RB, to the Wackenhut
Corporation (Wackenhut) and entered into an Agreement for an initial two year term
effective August 5, 1998 through August 2, 2000, with three (3) one-year renewal
terms; and
WHEREAS, per Section 6-155 of the Tamarac Code of Ordinances, the
purchasing officer may procure, without following purchasing procedures as set forth in
Section 6-149, all supplies, materials and equipment which are the subject of contracts
with the state, the United States government, or with other governmental agencies; and
WHEREAS, the City determined a need for a security guard at City Hall and
chose to utilize Broward County's RLI No. 090297RB for security services which was
approved by Resolution R97-35; and
1
Temp. Reso # 10514 — Revision #1
August 12, 2004
Page 2
WHEREAS, Wackenhut agreed to allow the City of Tamarac to procure security I
guard services under the terms, conditions and pricing of Broward County RLI No.
090297RB, as referenced in Exhibit B to Resolution R97-35; and
WHEREAS, Broward County subsequently renewed RLI No. 090297RB with
Wackenhut in 2000 and 2001, which encompassed the first two of the three available
renewal terms under the subject contract; and
WHEREAS, the City continued to utilize Broward County's first and second
renewal options under the subject contract as approved by Resolutions R2000-79,
R2002-92; and
WHEREAS, Broward County exercised the third and final renewal option of RLI
No. 090297RB for the term August 5, 2002 to August 4, 2003 and the City and
Wackenhut executed the first Agreement Addendum which was approved by
Resolution R2002-244; and
WHEREAS, Broward County began the procurement process to solicit proposals
for security services in early 2003 but was unsuccessful in awarding a new contract
prior to the current contract's expiration date, and subsequently extended RLI No.
090297RB on an open-end interim basis until a new contract was in place, as
evidenced by Exhibit "A"; and
WHEREAS, Wackenhut agreed to extend the terms of Broward County's open-
end interim extension to the City for a term not to exceed twelve months effective
August 5, 2003 — August 4, 2004, as approved by Resolution R2003-189; and
Temp. Reso # 10514 — Revision #1
August 12, 2004
Page 3
IWHEREAS, as of August 1, 2004, Broward County's award of a new contract to
Wackenhut, which was determined to be the highest ranked vendor after the County's
evaluation process, was still pending due to internal delays and subsequent challenges
to the procurement process; and
WHEREAS, the City has chosen to await Broward County's anticipated award of
a new contract to Wackenhut in part due to the long business relationship that has
developed over the past several years between the City and Wackenhut; and
WHEREAS, Wackenhut has agreed to extend the terms of RLI No. 090297RB to
the City on a month -to -month basis for the term August 5, 2004 through August 4,
2005, and has executed Agreement Addendum #2, as evidenced by Exhibit "B"; and
WHEREAS, The Director of Public Works and the Purchasing and Contracts
Manager recommend the appropriate City officials execute Agreement Addendum #2 on a
month -to -month basis for a term not to exceed twelve months with The Wackenhut
Corporation utilizing the 2003 open-end interim extension of Broward County's RLI No.
090297RB; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to execute Agreement
Addendum #2 with The Wackenhut Corporation for security guard services on a month -to -
month basis effective August 5, 2004 through August 4, 2005 in an amount not to exceed
$4,500.00 monthly.
I F_
Temp. Reso # 10514 — Revision #1
August 12, 2004
Page 4
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE I
CITY OF TAMARAC, FLORIDA:
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 hereby authorized to execute
Agreement Addendum #2 between the City of Tamarac and The Wackenhut
Corporation for security services utilizing Broward County RLI No. D090297RB effective
August 5, 2004 through August 4, 2005; authorizing an expenditure in an amount not to
exceed $4,500.00 per month and adopting by reference all terms and conditions of the
subject contract. I
SECTION 3: Funding is available in the appropriate accounts for this purpose.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
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.
11
I
H
Temp. Reso # 10514 — Revision #1
August 12, 2004
Page 5
SECTION 6: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this 22 nd day of Sept.
ATTEST:
MARJON SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
c,�SOE SC�HREIBER
Mayor
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1:
COMM. PORTNER
DIST 2:
COMM. FILANSBAUM-TAL
DIST 3:
V/M SULTANOF
DIST 4:
COMM. ROBERTS
of I amarac
and Contracts Division
AGREEMENT ADDENDUM #2
BETWEEN THE CITY OF TAMARAC
AND THE WACKENHUT CORPORATION
THIS AGREEMENT ADDENDUM is entered int? on 7� AZk-, 2004
between the CITY OF TAMARAC, a municipal corporation 4itopprLincipal �ffices located
at 7525 NW 88 th Avenue, Tamarac, Florida 33321 (CITY) and THE.WACKENHUT
CORPORATION, a Florida corporation, with principal offices located at 4200
Wackenhut Drive, Suite 102, Palm Beach Gardens FIL 33410 (CONTRACTOR), for the
purpose of providing security guard services to the City of Tamarac.
WHEREAS, Broward County (COUNTY) and CONTRACTOR entered into an
contract based on COUNTY's Agreement for RLI No. 090297RB for security services
dated July 14, 1998 for a two-year term through August 4, 2000 with three (3) one-year
renewal options; the first two renewal terms were approved by COUNTY and the final
renewal of the subject contract was approved through August 4, 2003 under the same
terms and conditions. CITY has been authorized by both COUNTY and CONTRACTOR
to utilize Agreement for RLI No. 090297RB for security services since its inception and
throughout its subsequent renewals; and
WHEREAS, the third and final renewal term of Agreement for RLI No. 090297RB
between COUNTY and CONTRACTOR expired on August 4, 2003, and was extended
by COUNTY at that time on an open-end interim basis until such time as a new contract
is in place. Broward County Board of Commissioners approved the extension as
evidenced in Exhibit 1. CITY utilized the COUNTY's open-end interim extension for the
term August 5, 2003 — August 4, 2004. CONTRACTOR has again authorized CITY to
continue utilizing COUNTY's 2003 open-end interim extension as evidenced in Exhibit
2; and
NOW THEREFORE, in consideration of the mutual covenants hereinafter set
forth, CITY and CONTRACTOR agree as follows:
CITY and CONTRACTOR shall comply with all terms and conditions of
COUNTY's Agreement for RLI No. 090297RB, as amended, and which is
attached hereto as Exhibit 3, for a period not to exceed twelve (12) months,
effective nunc pro tunc to August 5, 2004 through August 4, 2005. All terms and
conditions of the contract documents as set forth in Exhibit 3 are incorporated
herein as if set forth in full.
2. City shall pay Contractor an amount not to exceed $4,500.00 per month upon
presentation of an approved invoice and based on the current hourly rates
referenced in Exhibit "A-V to Exhibit 3, "Optional Contract Year 5".
3. Upon execution of this Agreement, all references to COUNTY in Agreement for
RLI No. 090297RB shall be interpreted as pertaining to CITY, and all terms and
conditions of Exhibit 3 shall be deemed as having been implemented for use
within the City of Tamarac. It is understood that wherever the words "agency
PuTchasing and Contracts Division
. .... . ...... . ........................................ - ............. . ..... .. ... . . . . . . .............................................................. . .......... . -"" -1 . . . . ............ ....................................
name" or "agency board name" appear, they shall be read as "City of Tamarac"
and "City of Tamarac Commissioners".
4. This Agreement Addendum may be terminated by CITY or CONTRACTOR for
cause or by CITY for convenience, upon thirty (30) days written notice by the
terminating party to the other party for such termination in which event
CONTRACTOR shall be paid its compensation for services performed to
termination date. In the event CONTRACTOR abandons this Agreement or
causes it to be terminated, CONTRACTOR shall indemnify CITY against loss
pertaining to this termination.
5. Whenever either party desires or is required under this Agreement to give notice
to any other party, it must be given by written notice, sent by registered United
States mail, with return receipt requested, 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, FL 33321
With a copy to the City Attorney at the same address.
CONTRACTOR
Drew Levine
Senior Vice President — Security Services
Wackenhut Corporation
4200 Wackenhut Drive, Suite 102
Palm Beach Gardens FL 33410
6. All other provisions of the original Agreement and subsequent Amendments
remain in effect as written except as modified herein,
2
City of Tamarac Purchasing and Contracts Division
....................................................................................... I .................... . .... . ........ . .. . ............ ..................................... It ........... ........ .... .. . .... .. .. ............ ... . .............................................................................................. ..... . .............................
IN WITNESS WHEREOF, the parties hereby have made and executed this
Agreement Addendum on the respective dates under each signature, the City of
Tamarac signing by and through its Mayor and City Manager, and The Wackenhut
Corp., signing by and through its Senior Vice President, duly authorized to execute
same.
ATTEST:
Marion Swenson, (tMC
City Clerk
(31A11OLL
Date ' '
ATTEST:
reiber, Mayor
C112al OLI
QPte — I I
a 'Jtq't�'
Affrey L"MilleF, City Manager
Ll 1,2 , L o (I
Date ' I
Apprqved �s t#form *d legaXufficiency:
ell S.
Date
� 7J o
The Wackenhut CorDoration
ompany Name
(Clorporate Secret Signatu—re of Senior Vic-e�'��nt
Robert L. Kilbride
Type/Print Name of Corporate Secy
(CORPORATE SEAL)
Drew Levine
Type/P int Name of Senior Vice President
'yp
Date
City of lamarac Purchasing and Contracts Division
1.11 ............ - .......... . .... . . - 111-1111-I.- � . . . . . . .... . . . . . . . . ................. . ............. ......................................... . .............. . ...... . . ........ . . . . ...... . . .. . ........................................................................................ . .....................................
CORPORATE ACKNOWLEDGEMENT
STATE OF FLORIDA
:SS
COUNTY OFaj 2&ck
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, Senior Vice President of The Wackenhut Corp., 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.c;Yl"— day of Arq�r, Ls- 2004.
%.j
A%.
� �x - " - -J% - & �-I" A
-j Sign#re of Notary Public
..........
elk, Stacey Horan St& of Florida at Large
MY COMMISSION# DD126065 EXPIRES
May 1, 2005
WNDED THRU TROY FAIN INSUPANCE INC
Print, Type or Stamp
Name of Notary Public
Personally known to me or
El Produced Identification
Type of I. D. Produced
El DID take an oath, or
X DID NOT take an oath.
CERTI]FICATE
1, Robert L. Kilbride, a corporate officer of The Wackenhut Corporation and Secretary thereof, a
corporation organized and existing under the laws of the State of Florida, do hereby certify that at a Regular
Ouarterly Meeting of the Board of Directors of The Wackenhut Corporation, held on July 29, 2004, the
following resolution was unanimously adopted and passed:
RESOLVED: That in order to enable The Wackenhut Corporation, hereinafter referred to as the
Corporation, to respond to domestic business opportunities wherein a client, vendor, the Internal Revenue
Service, lessor, bank or customer of the Corporation specifically requests that certain pre -qualification
instruments, bids, leases or contracts tendered by the Corporation or any benefit, 401K or similar type plan
modifications required by the Internal Revenue Code or the regulations there under, be executed by an
authorized Corporate representative, the Board of Directors does hereby authorize and empower any one or
more of the following persons designated by organizational title to sign such documents on behalf of the
Corporation, vis,:
* Chairman of the Board or Chief Executive Officer
• President or Chief Operating Officer
• Group and Divisional Presidents
• Executive Vice President or any Senior Vice President
• Corporate Vice President or any Group or Divisional Vice President
• Corporate Secretary or Assistant Secretary
• Treasurer and Assistant Treasurer
• Director, Contracts Management, Ugal Department
• Supervisor, Contracts Management, Legal Department
• Any Area or Branch Management, Regional Vice President or other Wackenhut employee who is
specifically authorized to so execute such documents by the General Counsel or Associate General
Counsel of the Company.
FURTHER RESOLVED: That the appropriate officers of the Company be fully authorized and
empowered to do all things necessary or desirable to fully effectuate the transactions contemplated by the
foregoing resolution, and to execute any and all documents, including but not limited to furnishing resolutions
and certificates, all without the necessity of obtaining further Board of Director approvals.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of said corporation
on this _OY44-day of 06L&46L&� 2004.
(SEAL)
Sworn to and subscribed before me personally
this StYgday of 2004
Sfignii� ne of Nota(tTub-lic - State of Floii7d—a
Robert L. Kilbride, Vice Pr6sident
Associate General Counsel and Secretary
"R Stacey Horon
MYCOMMISSION# DD126065 EXPIRES
May 1, 2005
SONDED THRU TROY FAJN INSUMNCE, INC
Print, Type, or Stamp Commissioned Name of Notary Public
Personally Known (X) or Produced Identification ( )
authcert.doc
U0/Ui/UJ 10;Ul rAA V011 114 44VO
07/) z ;/03 10,13 FAX 954357803F BRTD PURCHASING
PRW10tjS ITF-M
4 L
0' A""R I
SROWARD COUNTY
SoAp
.1) 01F COUNW comMISMONERS
EXHIBIT"A"
TR 10514
AGENDA ITEM # 25
j-
)Q2
EXT ITEM
meeting Date
07/08/03
Page 1 of 2
A i or Mom ALAhogity or ftquk—nt for Itan Wd "ON the outcome
,4� ity
MOTION TO APPROvF, open-end Interim Contract with Wackenhut Corporation for Securi
Services based on the same prIces, terms and conditions of the existing contract, RLI No-
090297RB, in ft estimated monthly amount of $317,000,00 for the Facilities Management
Division. The Interim Contract Vill commence on August 5, 2003 and continue month -to -
month until a new contract Is In place.
'Why is Action Necessary: In accordance Vith Broward County Procurement Code Section
21-34.a.4, the Board must approve purchases $200,000.00 and over.
What Action ACCOMP11181hes; Continues security services at various County location&
an wmrAm of " YeLwzt Wam ft
d;F-, (Pro** an Racubw 1jummy of ft 85MA mat =mwenumL)
1-. the kum 7M ffnj OwRKWO ft APM
-
THE PURCHASIN(3 DIVISION AND THE FACILITIES MANAGEMENT DIVISION
RECOMMEND APPROVAL OF THE ABOVE MOTION.
For this Interim Contrart, the vandor has agreed to honor the same milces. terMs and
conditions of the current Security Services Agreement. Section 4.8.1 of the current Agreement
provides a goal of 20% non-speciflo small disadviantaged business enterprise (SDBE)
participatic5n. The DIVision of Equal Employment and Small Business Opportunity (DEESBO)
concurs with a continuing goal of 20% non-specific participation for this Interim Contract.
The current contract with Wackenhut Corporation (RLI No. 090297RB) WaS approved by the
Board on july 7,1998 (Item 5)-
An RLI process was approved by the Board on April 8, 2003 (item 43) for replacement of the
existing contract which is due to expire August 4,2003.
dez
-7111C 9
air
Auddit Rh* iO. ftbiil . -
TyM Name, MU. Agamy 211W ROW
Phillip C. Allen, CFO & Director,
Finance and Administrative ServiWs
Depaftent (954) 357-7130
aource or Addimimi Inlormabon: T" Name. Tft. A96MY und PhOW
Glenn R. Cummings, CPPO, Director, purchasing Division (954)357-6070
Fwm 1
08/01/03 15:07 FAX 954 724 2408 CITY-TAHARAC-PURCRASING
LgJ UUJ
Purchasing ExVislon
115 S. Andrews Avenue. ptoorri 212
B!EcARD Fort Lauderdale, FL- 33301
OUMNM-TY J964) 357-6065 . FAX (954) 35T-8535
July 15, 2003
Wackenhut Corporation
Attn: Mr. VVilliam B. Schira
s499 Powerline Road Suits 303
Fort Lauderdale, FL 33309
Fa)c (954) 771-5408
Reference RLI No. 090297RB
Dear Mr. William B. Schira:
We hereby SCZSPt your offer for Interim ContraCt NO. D090297RI301 . for security Services, for
the various Broward County Agencies.
This award Is subject to all tenndcanditiOnS contained in the original IRLI No. 090297RB
approved on July 7, 1998 by the Broward Courtly B03rd of Commissioners.
This Contract Is In effect for the period beginning August 5, 2003 and will continue an a month to
0
month basis until a now contract is in place. Purchase Order(s) will IDe placed as and wh n
required.
A copy of this notice, with a copy of the above contract, including all terms and conditions, is
beflng forwarded to all aWficable Using Agencies.
Thank you for your interest insubmitting a quotation.
sincerely,
Will (31asmyer, Purchasing Agent 11, Purchasing Division
Award LetWr for Vendor [Quotalion) Poffn #50
OW02
BIWMM COUNTY IMARD OF COUKW COMM11931OPMS
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08/01/03 15:06 FAX 954 724 2408 g LTY -'�,AKAKAU- FUKUHAb i IN ki
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BR),e6.,vW4,)AR1)
06
COUNTY
PURMA4114C 131vl'-qlnN
i is s- Andrem Avenue. Rwrn 212 - F;ort uwdamals. Rodds 333DI - 954-337-6065 - FAX RYA-357-653S
June 113, 7-0O3
wwjwnbut C=Porauon
649D PowedWo ftad Suite 303
Fort Lmderdille, FL. SMES
Aftenocin-, Wjlllmrn EL Schirm. Area Manager
Dear Mr- sct*ra:
'The ourrent corood wiih Wadianhut Corporadon for Security Servicos (RLl No.
000207FIB) in nanAreg eWuofion an August 4. 2003. The Courdy is =mntly
proconsing RLI No. 2003022"-IFC-01 for a now Securky Sentices contra:t
Pleaffe indicate if ym MO enter Into an lnbdm Contract based on the same
pridng, tenns and oxididons of the curro" = ib (RLI No. (19029M). The
county is Interesbed In orWng irdo such an inWm contmot-on a morilf'Ro-
month basis until a row conbiaU la mveirded, if a now cwtrod Is not q*wved by
tha Board of County Commissioners before the aWrrzigon of the eurrent cw"cL
Note: 'rtia purpow of thin letter Is to detwmine your dwaim telative to this
proposed lrftdm =ntract. Tifo inquiry does nct const1hft an extension
*F the cwrertt contracC
Please afign in #w space provided at ft bottom of the page Indicating your
desire r%pirding the Iribadm contmct provisions.
Your response dwLdd be recelved by the Pwrcha,61ng Divisinn no later than
6:00 PK Monday, June 22, 2M3. Fail" to reapancl will be taken or, tacit
evidence that your firm is not intereWed in worcizing Its option to enta into this
InteriM MnLmc:L Your cmperation irt Wis noftr is appreciated
For further inibrrnadon please oontart Wil Glasmyer. of the Purchasing DivWon.
Tedephone No. (954)1.57-W78; Fax No. (954)36-f -aBW.
yes Z We dfer to enter Into Us linterim contrad under the
, original provisions for the contrad cited atmva-
No — We do nut 09 o0m contram
t nter Into trijs int
mme Tide
—diguafth— ---. --
T UU1
j
jaqwhw goopetiort jr� - rim anmr - Sw Gwqbunw - 'M ijp= * John 6. Rodamm. jr, - Amas A, $Cott a Cuno %iserinan-RurAl,
-q1W=K
0 "/03 10t13 FAX 954357903F
7/? It
BRWD PURMSING 002
EXHIBIT".1"
PREVIOUS ITF-M
—, W�01
gRowARg coUNTY Ej ADDENDUM #2 XT 1`11M
BOARD OF COUNTY COMMIS-SION iviseung Date
AGENDA ITEM
07/08/03
page 1 of 2
II Adkm or MOM AtfteftY or PaRanumnt for Item wid id-tuVftcutwM0
MOTION TO APPROVE open-end Interim Contract with Wackenhut Corporation for Security
Services based an the same prices, terms and conditions of the weisting contract, RLI No.
090297RB, in the estimated monthly amount of $317,000.00 for the Facilities Management
Division- The Interim Contract will commence on August 5, 2003 and continue month -to -
month until a new contract Is in place.
My is Action Necesvary In accordance Vith Broward County Procurement Code Section
21.34.a.4, the Board must approve purchases $200,000-00 and over.
What AcUan Accomplishes; Continues security services at various County locations.
(Pro4ean ececaMm Aumm" of ft 04MWA=on'ww��al the memt dalaw 'W
ujL. mm Tto W wft= emu&* ft AMM
, THE . PURCHASING DIVISION AND THE FACILITIES MANAGEMENT DIVISION
RECOMMEND APPROVAL OF THE A13OVE MOTION.
For this Interim Contract, the vendor has agreed to honor the same pfic". terms and
conditions of the current Security Services Agreement. Seaton 4.8.1 of the current Agreement
provides a goal of 20% non-apecific small disadvantaged business enterprise (SDBE)
participation. The Division of Equal Employment and Small Business Opportunity (DEESBO)
concurs with a continuing goal of 20% non-specific participation for this Interim Contract.
The current contract With Wackenhut Corporation (RLI No. 090297RB) was approved by the
Board on july 7, 1998 (Item 5)-
An RLI process was approved by the Board on April 8, 2003 (Item 43) for replacement of the
existing contract which is due to expire August 4, 2003.
IJ
RA Afs�:Att��"'
TyM Name, Tda. Agency and Fhonr
Phillip C. Allen, CFO & Director.
Finance and Administrative Services
Department (954) 357-7130
aounm orAddammi intonTmijon: Type Name, Tftia. Agoncy and Phone:
Glenn R, Cummings, CPPO, Director, Purchasing Division (954)357-6070
Farm I
Pui;�=—ing Division
BR I IS G. Andre" Avenue, RoOM 212
Fort Lauderdale. FL- 33301
.ch'D
OW.— COU (964) 357-6065 . FAX Lqs4) 357-8535
July 15, 2003
Wackenhut Corporation
Attn: Mr. William B. Schira
6499 Powedine Road Suits 30:3
Fort Lauderdale, FL 33309
Fax (954) 771-5408
Reference RLI No. 090297RB
Dear Mr. William B. Schirs;
We hereby accept your offer fbr Interim Contract No. D090297RBO 1, for Security SerVices, for
the various Broward County Agencies.
This award Is subject to all tenna/conditions contained in the original RLI No. 090297RB
approved on July 7, 1998 by the Broward County Board of Commissioners. .
This Contract Is In effect for the period beginning August 5, 2003 and will continue on a month to
month basis until a new contract is in place. Purchase Order(s) v4II t)e placed as and when
required.
A copy of this notice, with a copy of the above contract, including all terms and conditions, is
being forwarded to 211 applicable Using Agencies.
Thank you for your interest in submitting a quotation.
Sincerely,
Will Glasmyer, Purchasing Agent 11, Purchasing Division
Award Leftr for Vendor [Quotffdon) Form #50
SOM
BROWARD CCLINTY OGARD OF COUNW COMMISSICMIM
Jum*hm ftVv1kdm, Jr. - Elan Grahar- Sup Guwzbuqw - Kskiin D. J - How LkAwman - LwF Nonce P99deb - JDhn E- Raddrom. Jr- - Jwnsm A. Diane Waww"ftffk�4�
WWW-bMWxrxLOrA*WrCharJn9
B %o "I
PURCHM114C
5 S. Aridrewq Awnue, Room 212 * F�;rt =dwmls. Fjodds 33301 - 9S4-3E7-6065 - FAX 9B4-S57-8535
June I G1, 2W3
WW*AW%but CoTpomMicn
8499 Powafte Rn;zd Suits 303
Fort Lauderdatie, FL. M3W
Attenoon: Wjlllarn S. Schirm, Area Manager
Usar Mr- sd*a:
The current cordmct with Wadcanhut Corporation for Seourity Servicma (RU No.
000207RB) In newmins eWimfion an August 4. 2CK)3. The County is cwrenlly
procanxing RU No. 20030228-0-FO-ai for a naw Securfty Sende*rx contrwt
Please indicaW if you will enW Into an Intaft Contract based on the same
Pridng, leffris and OxW1111110118 of to cuffent cm*wt RLI No. 090297RD). The
County is Interesbed In Wdering into such art irdwim contracton a morffli-4o-
month basis undl a new contmu is iaw4rded, if a new cordr*ct Is rwt approved by
the Roard of County Commissioners before the opiragon of the cLxTent contract
NuW. 'Me purpose of thIn leLter is to dWarmine your degfre telative to this
propowd Intxxirn cwntruct., Tifis inquiry doev not conistibAe an wdension
of the current ccnbv=t-
Please afign In the apaw provided at ft bcftam of 11he page Indicating your
desire regardinig the Inbarim contact provii6ans.
Your response Should be received by the Pwrcheeing D10don no later than
6'.00 PK Monday, June 23. 2M& Failure to responcl will be taken ar. tacit
evidence that ymz firm is not intereaWd in exercining its option to en'tei into u1i.9
interlm conlInnct Your cWperation in this matter in appredated-
For ftnihor information P contact Will Glasmyer, of the Purchasing Divi%ion.
Tedephane No. (1a54)25749078,- Fax Ncj. (g54)357-&wZ5.
Yes We offer to enter Into this interim contract under the
original provisions for the contrad cited above.
NO — WO do not h to enter Into this interim contractI,
Name
J050*M iggI116110m Jr. - ken 12nmr - Sm GUMZbUMW - Bra--- uriWWO,ftem
11. , Johlt 6, Aoa=m. Jr. - Jamis a. Sc= - cuma wasserilhon-itwo,
INVO-1 - 4
!040
ADDENDUM #2 EXHISITT
C. uuZ
Wackrunnhut
The Wackenhut Corporation
4200 Wackenhut Drive
Palm Beach Gardens, FL 33410
Telephone: 5611,622.5656
Fax: 561.691.6680
Internet: wwwwackenhut,corn
August 12, 2004
V14 FAQS_�
IMILE & FEDEML -EXPRESS
City of Tamarac
Purchasing Division
7525 NW 88h Avenue
Tamarac, Florida 33321-24-01
Attn: Ms. Adriana Lucker
Re: Contract #D9029777RBO I; RLI No. 090297RB
Dear Adriana:
The current agreement between The Wackenhut Corporation and The City of Tamarac
(the "Current Contract'), whereby The City of Tamarac utilizes the Broward County Security
Services Contract #D90297'77RBOI for the purchase of Security Officer Services Class III from
The Wackenhut Corporation, expired on August 4, 2004. The Wackenhut Corporation hereby
acknowledges its intention to enter into an interim contract (the "Interim Contract") based on the
same terms and conditions as the Current Contract (and the original Broward County Services
Contract RLI No. 090297RJB). The Interim Contract is intended to take effect upon the
expiration of the Current Contract and continue on a month -to -month basis until a new contract
is awarded by the Broward County Board Of Commissioners and, correspondingly, The City of
Tamarac.
If you have any questions or need anything further from us with respect to the Interim
Contract, please do not hesitate to contact me. Thank you for your help with this matter.
C: Mr. Drew Levine (via hand delivery)
Mr. William Schira (via facsimile)
Very truly yours,
?Stacey L. H
Director, Contracts Management
and Coxporate Counsel
A World -Class Group 4 Falck Company
AGREEMENT
Between
EXHIBITT
BROWARD COUNTY
and
WACKENHUT CORPORATION
for
SECURITY SERVICES
RILI NO. 090297RB
ADDENDUM #2
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,"
WACKENHUT CORPORATION, a Florida corporation, hereinafter referred to as
"Contractor."
IN CONSIDERATION of the mutual terms, conditions, promises, covenants and
payments hereinafter set forth, County and Contractor agree as follows:
ego
1.1 Agreement - means this document, Articles 1 through 9, 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.
1.3 Contract Administrator - The Broward County Administrator, the Director of the
Broward County Aviation Department or designee of such County Administrator or
Director. The primary responsibilities of the Contract Administrator are to
coordinate and communicate with Contractor 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
CAF#1 12.FRM
(Rev. 6/19/97)
contrasted with ML of policy, all parties may rel� the instructions or
determinations made by the Contract Administrator; proviaf=u, however, that such
instructions and determinations do not change the Scope of Services, and provided
further that changes by the Contract Administrator which are expressly authorized
by the procurement Code (Chapter 21 of the Broward County Administrative Code)
may be relied upon by the parties.
1.4 Contract Year - shall mean twelve calendar months, beginning on August 5th of
each year and ending on the following August 4th, of each yearly period during the
term of this contract.
1.5 County Attorney - The chief legal counsel for County who directs and supervises
the Office of the County Attorney pursuant to Section 4.03 of the Broward County
Charter.
6RTICLE 2
SCOPE OF SEEVICES
2.1 Contractor shall perform all work identified in this Agreement and Exhibit A, The
parties agree that the Scope of Services is a description of Contractor'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
Contractor impractical, illogical, or unconscionable. The Contractor 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. Contractor will be required to provide
any of the three classes of Security Officers (Class 1, 11, and 111, as described in
Exhibit IS-1) needed to perform the varying functions that might be needed by a
Using Agency. In addition to the training required by Exhibli.L additional training
or certification may be required by a Using Agency for any particular function, and
such training shall be provided at the Contractor's expense and at no expense to
the County.
2.2 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
Contractor 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"). Contractor shall
inform the Using Agency and the Contract Administrator in writing of Contractor's
CAF#1 12.FRM
(Rev. 6/19/97)
representative with rr. ;t to each Using Agency to who, tters involving the
conduct of services under this Agreement shall be addressea.
2.3 Prior to the provision of any services under this Agreement to any Using Agency,
Contractor must receive an approved Purchase Order from the Using Agency. At
any time, any Using Agency may downsize usage or increase usage of Contractor's
services, at any County site, as required by the Using �gency, upon verbal
notification from the Using Agency Representative to the Contractor (followed by
written confirmation). In addition, upon verbal notice from any Using Agency
Representative (followed by written confirmation), Contractor shall cease providing
services to the respective Using Agency, effective upon the date established by the
notice.
2.4 This is a non-exclusive contract.. The Contractor acknowledges and agrees that the
County makes no guarantee as to the quantity or type of work available under this
contract, and the 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 Contractor
under this Agreement.
2.5 Contractor 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
authodzed by the Broward County Procurement Code (Chapter 21 of the Broward
County Administrative Code).
2.6 The Contractor shall promptly address any concerns raised by the Contract
Administrator or a Using Agency pertaining to the administration of services under
this contract, 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. Personnel shall be paid at least bi-weekly (once
every other week).
2.7 The Contractor 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"). The Contractor shall promptly
address any concerns raised by the Contract Administrator or a Using Agency
pertaining to the Quality Control Program.
2.8 Subject to the provisions hereof, Contractor will provide the key staff identified on
Exhibit A-2, as long as said key staff are in Contractor's employment, which key
staff shall be provided without separate charge to the County. The key staff shall
serve in the functions specified on EXhibit A-2. If any key staff person discontinues
employment with Contractor, then Contractor shall immediately notify the Contract
CAF# 112. F RM
(Rev. 6/19/97) -3-
Administrator in writi. )ntractor will obtain prior written -)vai oT tne �;ontract
Administrator prior to iwiy replacement or any other chang, . 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 Contractor in writing, and
Contractor will remove such staff and provide replacement staff that is satisfactory
to the. Contract Administrator.
2.9 Throughout the term of this Agreement, the Contractor shall keep fully informed of
all federal, state, County and local laws, ordinances, codes, rules, and regulations,
and all orders and decrees of bodies or tribunals having jurisdiction or authority
which, in any manner, affect services to be provided.. under the terms of this'
Agreement. The Contractor, its subcontractors, and their officers, agents, and
i3mployees shall at all times observe and comply with all such laws, ordinances,
codes, rules, regulations, orders, and decrees in performing its duties,
responsibilities, and obligations related to this Agreement.
ARTICLE 3
TERM AND TIME QF PERFORMANCE
3.1 The term of this Agreement shall be for a period of two (2) years, beginning on
August 5, 1998 and shall end on August 4, 2000; provided, however, that the
Purchasing Director may renew this Agreement for three (3), one-year periods, upon
the same terms and conditions, by giving written notice of renewal to the Contractor
thirty (30) calendar days prior to the end of the term or any renewal term.
Notwithstanding the foregoing, the continuation of this Agreement beyond the end
of any fiscal year shall be subject to the availability of funds from County in
accordance with Chapter 129, Florida. Statutes.
3.2 Time shall be deemed to be of the essence in performing the duties, obligations and
responsibilities required by this Agreement.
ARTICLE-4
COMPENSATION
4.1 County agrees to pay Contractor, the hourly rates for the security guards at the
rates for each year of this contract, as are established by Exhibit A-1, which
amounts shall be paid in the manner specified in Section 4.3, and as provided
below.
4.1.1 Ov?,rtirne_;ha_r99A - New Site Assignments or Additional Shifts. The County
will make an effort to give the Contractor at least 48-hours notice of any new
site assignment or additional shift requirements. If the operational needs of
CAF#1 12.FRM
(Rev. 6/19/97) -4-
'T
any Using A� result in less than 48-hours nc eing given for any
additional shift requirements or new site assignment, u ien the County shall
pay the Contractor 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
Contractor within the later to occur of ("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 Contractor beyond the Response Time shall reduce the overtime charges
on an hour -for -hour basis. The Using Agency assignments identified in
Exhibit D, attached hereto and made a part hereof, 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 assig . pmbnts or
additional shifts.
4.1.2 Qveffirae _QhXq?& - Shifts that are Less than Eight (8) Hours. If any Using
Agency requires the Contractor to provide security services for less than an
eight (8) hour shift in any 24-hour period, then upon receipt of any such
request from a Using Agency, the Contractor 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 Contractor 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 Contractor 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 Contractor shall fail to provide such notice within the aforesaid time
period, no overtime may be charged by the Contractor 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 8ctual Qygrtime Must be Workp-d - It is expected that the Contractor will
provide services pursuant to subsections 4.1.1 and 4.1.2 using security
officers on their days off or past their regular tours of duty, Notwithstanding
anything to the contrary set forth in subsections 4.1.1 and 4.1.2, 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 Contractor
for overtime compensation must be accompanied by payroll documentation
showing payments to security personnel for overtime hours directly
attributable to the request by the County for coverage pursuant to subsection
4. 1. 1 or 4.1.2.
4.2 County agrees to pay Contractor, the rates for equipment, as specified on Exhibit
A-1, in the manner specified in Section 4.3.
CAF#1 12.FRM
(Rev. 6/19/97) -5-
AIII&C-15.1 U49AIVA UVt:l M
4.3.1 Contractor may submit invoices for compensation no more often than on a
weekly basis, with a separate invoice being provided for services provided
to each Using Agency, Each invoice shall show the total number of security
guard hours and equipmbnt 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 the 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 the
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 and usage. Billings shall also indicate the cumulative
amount of SDBE 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, Contractor 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.
4.3.2 County shall pay Contractor within thirty (30) calendar days of receipt of
Contractor's proper statement, 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 Contractor 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 Representatives shall make a good faith effort to
verbally contact the Contractor 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 the
Contractor prior to making any such notation shall not be deemed a waiver
of County's right to withhold payment for any improperly submitted item on
an invoice.
CAF#1 12.FRM
(Rev. 6/19/97) -6-
4.4 Notwithstanding an� . .,vision of this Agreement to the trary, County may
withhold, in whole or in part, payment to the extent necessary to protect itself from
loss on account of fraud or reasonable evidence indicating fraud by Contractor.
When the above reasons for withholding payment are removed or resolved in a
manner satisfactory to Contract Administrator after receiving comments from any
affected Using Agency, payment may be made. The amount withheld shall not be
subject to payment of interest by County.
4.5 Payment shall be made to Contractor at:
The Wackenhut Corporation
PO Box 277469
Atlanta, GA 30384-7469
4.6 The Contractor 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.
4.7 All direct employees of Contractor, and any persons supplied by or through
Contractor, shall not be entitled to any compensation or any benefits that may be
provided by the County to its own employees, nor shall the County in any way be
liable for providing or payment of any such compensation or benefits. The
Contractor shall provide a written notice to ail persons supplied by or through
Contractor that any benefits which may be provided shall be, and are, the
responsibility of the Contractor exclusively and County shall be responsible for no
compensation or benefits to any such persons.
4.8 SUBCONTRLQIO—RS
431 Contractor shall utilize the subcontractor that is set forth in its response to
the County's Request for Letters of Interest, that was a material part of the
selection of Contractor to provide the services under this Agreement.
Contractor shall obtain written approval of Contract Administrator and the
Broward County Division of Equal Employment & Small Business
Opportunity prior to changing or modifying the list of subcontractor(s)
attached as Ex
4.8,2 Invoices for any services performed by any subcontractors shall be passed
through to County without= additional charge by the Contractor that would
represent a profit to the Contractor, All such services shall be itemized on
invoices from such subcontractors, showing work performed and charges
incurred. Contractor shall bill subcontractor services using the unit costs on
Exhibit
CAF#1 12.FRM
(Rev. 6/19/97) -7-
4,8.3 Contractor shall bind each and every approved subcontractor to the terms
stated in this Agreement and shall require the proper licensing of such
subcontractors.
4.8.4 Contractor shall provide County with copies of its contracts between the
Contractor and the approved subcontractors.
ARTICLE 5
CHANGES IN SQQPE QF!9tERVIQES
5.1 Any change to the Scop6 of Services must be accomplished by a written
amendment, executed by the parties in accordance with Section 9.1t below.
6.1 Contractor 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 Contractor, 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 extent
considered necessary by Contract Administrator and County Attorney, any sums
due -Contractor 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.
9' MM 191
7.1 In order to insure the indemnification obligation contained above, Contractor shall,
as,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.
CAF#112.FRM
(Rev. 6/19/97)
7.2 Such policy or policiF- A be without any deductible amt �nd shall be issued
by 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.
Contractor 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. Contractor's naming of the County and the
Board of County Commissioners as additional insureds pursuant to this Agreement
shall afford coverage only for the negligence of Contractor in performance of
services under this Agreement and in no event shall such coverage be construed
so as to make Contractor or its insurer liable for the negligent acts or omissions of
the Board of County Commissioners, its officers, employees or agents.
7.3 Qom)rehe 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.
Products and/or Completed Operations for contracts
Broad Form Contractual Coverage applicable to this specific Contract,
including 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 Busineas Alitoniobilp Liability. Business Automobile Liability 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.
7.5 Workers.' Cggm�ns �10 �insu �nce. Workers' Compensation insurance to apply for
all employees in compliance with the NVorkers' Compensation Law" of the State of
Florida and all applicable federal laws. In addition, the policy(ies) must include:
CAF#1 12.FRM
(Rev. 6/19/97)
Employers' Liability with a limit of One Hundred Thousand Dollars
($10G,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 Contractor shall furnish to the Contract Administrator Certificates of Insurance or
endorsements evidencing the insurance coverages specified by this Article prior to
beginning performance of work under this Agreement. The required Certificates of
insurance shall name the types of policies'provided.
7.7 Coverage is not to cease and is to remain . in force (subject to cancellation notice)
until all performance required of Contractor is completed. All policies must be
endorsed to provide County with at least thirty (30) calendar 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) calendar days' prior to the date of their expiration.
ARTICLE 8
TERMINATi-QN-
8.1 This Agreement may be terminated for cause by action of Board or by Contractor
upon ten (10) calendar days' written notice by the party that elected to terminate,
or for convenience by action of Board upon not less than thirty (30) calendar days'
written notice by Contract Administrator. This Agreement may also be terminated
by Contract Administrator upon such notice as Contract Administrator deems
appropriate under the circumstances in the event Contract Administrator determines
that termination is necessary to protect the public health, safety, or welfare.
8.2 Termination of this Agreement for cause shall include, but not be limited to, failure
to suitably perform the work, failure to continuously perform the work in a manner
calculated to meet or accomplish the objectives of County as set forth in this
Agreement, or multiple breach of the provisions of this Agreement notwithstanding
whether any such breach was previously waived or cured.
8.3 Notice of termination shall be provided in accordance with the "NOTICES" section
of this Agreement except that notice of termination by Contract Administrator 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 "NOTICES" section of this Agreement.
CAF#112.FRM
(Rev. 6/19/97) -10-
8.4 In the event this Agreement is terminated for convenience, Contractor shall be
paid for any services performed to the date the Agreement is terminated;
however, upon being notified of County's election to terminate, Contractor shall
refrain from per -forming further services or incurring additional expenses under
the terms of this Agreement. Contractor acknowledges and agrees that ten
dollars ($10.00) of the compensation to be paid by County, the adequacy of
which is hereby acknowledged by Contractor, is given as specific consideration
to Contractor for County's right to terminate this Agreement for convenience.
8.5 The term of this Agreement shall continue into or through subsequent fiscal
years only if funds for payment of the Contractor are budgeted and made
available by the Board. If for any fiscal year, funds are not budgeted by the
Board, the Contract Administrator will give the Contractor written notice of such
event prior to the end of the last fiscal year for which funds are budgeted.
Mgj�MMW
IMM"4111111MA
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mueelliumaw
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 Contractor,
whether finished or unfinished, shall become the property of County and shall be
delivered by Contractor to the Contract Administrator.
0135:014MEORL
9.2.1 County shall have the right to audit the books, records, and accounts of
Contractor that are related to the services provided under this Agreement.
Contractor shall keep such books, records, and accounts as may be
necessary in order to record complete and correct entries related to the
services provided under this Agreement, in accordance with accepted
accounting practices and standards. In addition, the Contractor shall
maintain all books and records customarily used in this type of operation.
All records and books of accounts in any way connected with this
Agreement, shall be kept at all times within Broward County, Florida.
9.2.2 Contractor 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
510
Agreement for L ;uired retention period of the Flo. 'lublic Records Act
(Chapter 119, Fla. Stat.), if applicable, or, if the Floriu,,, .-ublic Records Act
is not applicable, for a minimum period of three (3) years after termination of
this Agreement., If any audit 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 Contractors records, Contractor shall*comply with
all requirements thereof; however, no confidentiality or non -disclosure
requirement of either federal or state law shall be violated by Contractor.
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,.
JUT I I g FA I Le
9.3.1 Contractor shall not unlawfully discriminate against any person in its
operations and activities in its use or expenditure of the funds or any portion
of the funds provided by this Agreement and shall affirmatively comply with
all applicable provisions of the Americans with Disabilities Act (ADA) in the
course of providing any services funded in whole or in part by County,
including Titles I and 11 of the ADA (regarding nondiscrimination on the basis
of disability), and all applicable regulations, guidelines, and standards.
9.3.2 Contractor's decisions regarding the delivery of services under this
Agreement shall be made without regard to or consideration of race, age,
religion, color, gender, sexual orientation (Broward CountyCode, Chapter
161/2), national origin, marital status, physical or mental disability, political
affiliation, or any other factor which cannot be lawfully or appropriately used
as a basis for service delivery.
9.3.3 Contractor shall comply with Title I of the Americans with Disabilities Act
regarding nondiscrimination on the basis of disability in employment and
further shall not discriminate against any employee or applicant for
employment because of race, age, religion, color, gender, sexual orientation,
national origin, marital status, political affiliation, or physical or mental
disability. In addition, Contractor shall take affirmative steps to ensure
nondiscrimination in employment against disabled persons. Such actions
shall include, but not be limited to, the following: employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, termination,
rates of Pay, other forms of compensation, terms and conditions of
employment, training (including apprenticeship), and accessibility.
CAF#1 12.FRM _12-
(Rev. 6/19/97)
9.3.4 Contractor shall take affirmative action to ensure that applicants are
employed and employees are treated without regard to race, age, religion,
color, gender, sexual orientation (Broward County Code, Chapter 161/2),
national origin, marital status, political affiliation, or physical or mental
disability during employment. Such actions shall include, but not be limited
to; the following: employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff, termination, rates of pay, other forms of
compensation, terms and conditions of employment, training (including
apprenticeship), and accessibility.
9. 3'. 5 Contractor shall not engage in or commit any discriminatory practice in
violation of the Broward County Human Rights Act (Broward County Code,
Chapter 16Y2) in performing the Scope of Services or any part of the Scope
of Services of this Agreement.
9.3. 6 With respect to any County site that is subject to federal or state grant
requirements, and to the extent applicable to Contractor, the Contractor
- agrees to abide by the nondiscrimination requirements set forth on Exhibit
G, attached hereto and made a part hereof.
9.4 SMALL DI NESS ENTEEPRIaE PROGSAM
9.4.1 Contractor shall comply with County's Small Disadvantaged Business
Enterprise (SDBE) Affin-native Action Program, requiring goals in all County
procurement activity at One Hundred and Fifty -Thousand Dollars
($150,000) or above for construction services; Seventy -Five Thousand
Dollars ($75,000) or above in total contract value for
architectural/engineering and related services; and Fifty Thousand Dollars
($50,000) or above in total contract value for all other goods and services.
9.4 .2 Contractor must comply with the provisions of Article XIV, Chapter 20,
Broward County Code of Ordinances; and COUNTY's Administrative
Procedures implementing Article XIV, Chapter 20, Broward County Code of
Ordinances.
9.4.3 County and Contractor agree that prime and subcontract awards to Small
Disadvantaged Business Enterprises and Minority - Majority Joint Ventures
are crucial to the achievement of County's SDBE participation goals. In an
effort to assist County in achieving its established goals for this Project,
Contractor agrees to take affirmative actions to meet the current SDBE
participation goals established by County.
CAF#1 12.FRM
(Rev. 6/19/97)
9.4.4 This Agreem%-.,t .&s the following SDBE numerica. q, 3:
Minority Businm-Entgrp
I- African -American 20%
The total assigned SDBE goals for this Agreement is: 20%.
9.4.5 Contractor incorporates by Exhibit "B" the names, addresses, scope of work,
and dollar value of SDBE participation on the Schedule of SDBE
Participation. Contractor understands that each minority and women -owned
firm utilized on the Project to meet County's goals must be certified by the
Broward County Division of Equal Employment & Small Business
Opportunity.
9.4.6 Contractor understands that it is the responsib.ility of the Contract
Administrator and the Broward County Division of Equal Employment &
Small Business Opportunity to monitor compliance with the SDBE
requirements. In that regard, ' Contractor agrees to furnish quarterly reports
to both parties on the progress of.SDBE participation'commencing with the
end of the first quarter of this Agreement. In addition, the Contractor must
inform the Contract Administrator and the Broward County Division of Equal
Employment & 8mall Business Opportunity immediately when an SDBE Sub-
contractor is not able to perform. If the Contractor is unable to substitute the
unavailable SOBE with another certified SDBE, the actual substitution of a
non-SDBE subcontractor may not occur until the Broward County Division of
Equal Employment & Small Business Opportunity has verified the good faith
efforts of the Contractor to substitute the unavailable SDBE with another
certified SDBE.
Contractor represents that the execution of this Agreement will not violate the Public
Entity Crimes 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 not transact any
business with County in excess of the threshold amount 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
CAF#112.FRM
(Rev. 6/19/97) -14-
shall result in termina. if this Agreement and recovery c ionies paid hereto,
and may result in debarment from County's competitive procurement activities. In
addition to the foregoing. Contractor 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 "public entity crime" and that it has not been formally
charged with committing an act defined as a "public entity crime" regardless of the
amount of money involved.or whether Contractor has been placed on the convicted
vendor list.
9.6 INDEPENDENT ONTRAQTOR
Contractor is an independent contractor under this Agreement. Services provided
by Contract6r shall be subject to the supervision of Contractor, and such services
shall not be -provided by Contractor or its agents as officers, employees, or agents
of the County. The parties expressly acknowledge that it is not their intent to create
any rights or obligations in any third person or entity under this Agreement.
W-21:490LAIMCRi
Neither Contractor nor County intend to directly or substantially benefit a third party
by this Agreement. Therefo ' re, the parties agree that there are no third party
beneficiaries to this Agreement and that no third party shall be entitled to assert a
claim against either of them based upon this Agreement.
9.8 NDITIM-Ea
9.8.1 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 overnight courier, or 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:
[; to] W-1 - 0 A a a
Purchasing Director
Governmental Center
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
CAF#1 12.FRM
(Rev. 6/19/97) -15-
The Wackenhut Corporation
6499 powerline Road, Suite 303
Fort Lauderdale, FL 33309
9.8.2 Notices that are specific to a particular Using Agency shall be given to the
Using Agency Representative at the address designated by the Using
Agency's notice of same to the Contractor.
- 00
9.9.1 Neither this Agreement nor any interest herein shall be assigned, transferred,
or encumbered by either party and Contractor shall not subcontract any
portion of the work required by this Agreement except as authorized by this
Agreement.
9.9.2 Contractor represents that all persons delivering the services required by this
Agreement have the knowledge and skills, either by training, experience,
education, or a combination thereof, to adequately and competently perform
the duties, obligations, and services set forth in the Scope of Services and
to provide and perform such services to County's satisfaction for the agreed
compensation....
9.9.3 Contractor shall perform its duties, obligations, and services under this
Agreement in a skillful and respectable manner. The quality of Contractor'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.
1- M
9.10.1 The Contractor, its subcontractors, and their employees shall not
have or hold any continuing or frequently recurring employment or
contractual relationship that is substantially antagonistic or
incompatible with their loyal and conscientious exercise of judgment
related to their performance under this Agreement.
9.10.2 Contractor agrees that none of its officers or employees or the officers
or employees of its subcontractors, shall, during the term of this
Agreement, serve as an expert witness against County in any legal or
administrative proceeding in which he or she is not a party, unless
compelled by court process, nor shall such persons give sworn
CAF#112.FRM
(Rev. 6/19/97) -16-
testimo.., -, issue a report or writing, as an ,ssion of his or her
expert opinion, which is adverse or prejudicial to the interests of
County or in connection with any such pending or threatened legal or
administrative proceeding. The limitations of this section shall not
preclude such persons from representing themselves in any action or
in any administrative or legal proceeding.
9.10.3 In the event Contractor is permitted to utilize subcontradtors to
perform any services required by this Agreement, Contractor agrees
to prohibit such subcontractors, by written contract, from having any
conflicts as within the meaning of this section.
9.11 CON ENQE
Y F E..
Contractor warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for Contractor, 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
Contractor, 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, Board shall have the right to terminate this Agreement
without liability at its discretion, or to deduct from the Agreement price or otherwise
recover the full amount of such fee, commission, percentage, gift or consideration.
9.12 W IV R OF B C ANDMATERIALEY
County and Contractor 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. Failure by County 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.
9.13 SE�RANCE
In the event this Agreement or 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 Contractor elects to terminate this Agreement. The
election to terminate this Agreement based upon this provision shall be made within
seven (7) calendar days after the finding by the court becomes final.
CAF#112.FRM
(Rev. 6/19/97) -17-
Preparation of this Agreement has been a joint effort of County and Contractor and
the resulting document shall not, solely as a matter of judicial construction, be
construed more severely against one of the parties than any other.
•_ •_ • �IMMIMMid
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 this Agreement, the term, statement,
requirement, or provision contained in Articles 1 through 9 of this Agreement shall
prevail and be given effect.
This Agreement shall be interpreted and construed in accordance with and
governed by the laws of the State of Florida. Venue for litigation concerning this
Agreement shall be in Broward County, Florida.
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
Contractor.
9.18 RI A R NTS
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters contained
herein and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that are not
contained in this document. Accordingly, the parties agree that no deviation from
the terms hereof shall be predicated upon any prior representations or agreements,
whether oral or written. It is further agreed that no modification, amendment or
alteration in the terms or conditions contained herein shall be effective unless
contained in a written document in accordance with Section 9.17 above.
CAF#112.FRM
(Rev. 6/19/97) _1 g_
9.19 QRt Q-F E WQk- IC
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 Chapter 21.31(a) of the
Broward County Procurement Code. Execution of this Agreement by Contractor
shall also serve as Contractor's required certification that it either has or that it will
establish a drug free work place in accordance with Chapter 21.31(a) of the
Broward County Procurement Code.
9.20 FA6 REQULATIQNS AND SECURITY_
The following provisions applies to any County site covered- by Federal Aviation
Administration security requirements, and such provisions are in addition to, and
shall not be a limitation of, any other requirements of this Agreement.
Contractor agrees to observe all security requirements and other requirements of
the Federal Aviation Regulations applicable to Contractor, including, without
limitation, Part 107 and Part 139, as they may be amended from time to time. The
Contractor agrees to comply with the Airport Security Program, and amendments
thereto, as approved by the Federal Aviation Administration. The Contractor agrees
to take such steps as may be necessary or directed by the County to insure that
Contractor, its subcontractors, and their employees, agents, invitees and guests
observe the requirements of the applicable Federal Aviation Regulations and the
Airport Security Program. If required by the Aviation Department, Contractor shall
conduct background checks of its employees and of its subcontractor's employees
in accordance with applicable Federal Regulations. If, as a result of the acts or
omissions of Contractor, its subcontractors, or their employees, agents, invitees or
guests, the County incurs any fines and/or penalties imposed by the Federal
Aviation Administration or any expense in enforcing the regulations of the Federal
Aviation Administration, including, without limitation, Part 107 and Part 139, and/or
any expense in enforcing the Airport Security Program, then Contractor agrees to
pay and/or reimburse to County all such costs and expenses, including all attorney's
fees, costs of administrative proceedings, court costs, and all costs incurred by
County in enforcing this provision. Contractor further agrees to rectify any security
deficiency or other deficiency as may be determined as such by the County or the
Federal Aviation Administration. In the event Contractor fails to remedy any such
deficiency, the County may do so at the cost and expense of Contractor. The
County reserves the right to take whatever action may be necessary to rectify any
security deficiency or other deficiency. The provisions hereof shall survive the
expiration or any other termination of this Agreement.
CAF#112.FRM
(Rev. 6/19/97) -19-
Contractor warrants that any equipment or materials furnished pursuant to this
Contract, or used in connection with the provision of services under this Agreement,
or any software licensed to County hereunder, or any software, hardware or
firmware delivered, included, needed, or recommended for use in the operation of
any equipment used by Contractor pursuant to this Agreement (hereinafter
"Equipment"), if the Equipment uses or stores dates, shall be able to accurately
store. and process date/time data in four (4) digit year fields (including, but not
limited to, calculating, comparing, interfacing and sequencing) from, into, and
between the twentieth and twenty-first�'b used prior and
to,the
dur ng and afteathend 20alendar
00 and
leap year calculations, Equip p
year 2000 shall be designed to perform', at no added cost to County, so that there
shall not be experienced software abnormally ending or invalid or incorrect results
from the software, microcode, or firmware used in the operation of the Equipment.
Contractor further represents and warrants that its software or any software, which
Contractor acquires from a third party and installs in any Equipment, shall be
century -compliant, allowing for uninterrupted and fully -functioning operation and use
without regard to changes in dates from one century to another when used in
accordance with the item documentation. If Contractor discovers that any
Equipment fails to satisfy the terms of this Special Warranty, Contractor shall notify
County immediately of such conflict. Nothing in this Special Warranty shall be
construed to limit any rights or remedies
hedtha Year 2 00 performance. County may lse Ve under this
Contract with respect to defects
_Lntqre§l - The Request for
9.22 1 r t'o f
Letters of Interest (�s Request) issued
s Reued b y fthe County,f and all proposal documents
submitted by Contractor to County for evaluation in the award process pursuant to
which this Agreement was awarded to Contractor, is hereby incorporated by
reference into this Agreement and Comade a ntractorrt ereof inhespanseh theretoest areand all
called
documents provided to County byontactor
collectively, "Proposal Documents"). Contractor shall be bound by all terms,
conditions, representations, ctor shall fail to abide by ancommitments 'ned in the Proposal
d comply with any of the
Documents. In the event Contra
terms, conditions, representationsca ilu5shalallned in the be deemed aroposal
def default
Documents, then, at the option of County, such fae
of this Agreement. In the event of any conflict between this Agreement and the
Proposal Documents, this Agreement shall prevail.
9,23 rfr anc B n .The Contractor Tho sand Dollars ($600,000 00) (rformance bond ePerfo Performance
County in an
amount equal to Six Hundred
CAF#112. FRM 20-
(Rev. 6/19/97)
ure
Bond"). The Performp,Bond shall tBand sha I be eitherlinbtheafo m of
of
Contractor to the County. The Performance
cash, an Irrevocable Letter of Credit ("Letter of Credit"), or a Payment and
Performance Bond ("Bond"). The Performance Bond shall be in form and
substance satisfactory to the County's Risk Management Division. The
Performance Bond shall be submitted to the County, simultaneously with the
execution of this Agreement by the Contractor. In the event of any failure by
Contractor to perform its obligations hereunder or upon any other default hereunder,
then in addition to any other rights ands vvndown available to
fiullunty amoutlaw or in
nt of the
equity, County shall be entitled to d p
Performance Bond. Upon notice of any such draw, Contractor shall immediately
. replace the Performance Bond withe new Letter of ui ed hereunder AnyrBond or cash in the full -
Letter of Credit or Bond _
amount of the Performance Bon q
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, Contractor shall
submit evidence in form satisfactory to County that said security instrument has.
been renewed. A failure 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, 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 in form and substance satisfactory to the
County. Each Band 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 least five (SFurethermorears. Each , suBch surety cond shall ompe in s rm y must
and
substance satisfactory to the Co ty
have at least a "B+" rating in the latest revision of Best's Insurance Report.
9.23 N O TO REFERENaE
F
The truth and accuracy of each "Whereas" A. 11ause A-2 B t forthd bove is D are incorpor
ated 9 to
by the parties. The attached Exhibits
and made a part of this Agreement.
CAF#112.FRM -21-
(Rev. 6/19/97)
9.24. The County and Contractor hereby agree that effective as u, , : later date to occur
of: the date of execution of this Agreement by both parties hereto, or August 5,
1998, this Agreement shall supersede and terminate that certain agreement
between the County and the Contractor for provision of security services that was
awarded by the Board on July 11, 1995 and is identified as Bid #D-03-95-03-24.
This Agreement may be executed in up to five (5) counterparts, each of which shall
be deemed to be an original.
IN WITNESS WHEREOF, the parties hereto have rnade and executed this
Agreement: BROWARD OUNTY through its BOARD OF COUNTY COMMISSIONERS,
signing b nd through ' ha' or Vice Chair, authorized to execute same by Board action
on the day of , 1998, and WACKENHUT CORPORATION,
signing by and throug s Vi President, duly authorized to execute same.
COUN -
ATTEST: •r eoroo,�,,
tol
i
Broward County Ad' rate
*
Ex-officio Clerk of thP�3�owa_rt"�dnty
Board of County Co�nmi$slonei�§" ``'
v� Y
�. tea, •It/ f'• , ��.+Y
Approved as to Insurggce L'......, ,
Requirements by �� ,'
RISK MANAGEMENT DIVF9""" #'1
w
CAF#112.FRM
(Rev. 6/19/97)
BROWARD COUNTY, by and through
its Board of County Commissioners
;.approved as to form by
ce of County Attorney
` Broward County, Florida
SHARON L. CRUZ, Interim County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort. Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
Assistant` County attorney
-22-
AGREEMENT BETWEEN t r,,WARD COUNTY AND WACK_. JT CORPORATION FOR
SECURITY SERVICES
mz -y •-
ACKENHUT CORPORATION
By � J
Drew Levine, Vice resident
--�day 0f v �\ , 1998
(CORPORATE SEAL)
97-71.68
RLI #090297-RB
C:\APPS\WP\DATA\WACKEN.A00
June 30, 1998
CAF#112.FRM
(Rev. 6/19/97) -23-
SCOPE OF SERVICES
SECURITY SERVICES
A. The services required are designed to provide security services to any County
agency. The County and the Contractor recognize that all the requirements of the
services contemplated herein cannot be determined with precision at the time of the
award of this contract. However, it is anticipated that the services will include 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 Contractor for potential employees for this contract
shall be as an Equal Opportunity (EEO) employer.
B. Contractor must comply with the hours of coverage requested, which may be up to
twenty-four (24) hours per day. The 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 any Using Agency.
C. 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 on Exhibit A-1,
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.
Contractor will be responsible to provide and cover its employees breaks, including
lunches, rest periods, personal needs, etc. Accommodations or facilities for the
above is not required to be provided by the County. Contractor 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 under the conditions present at the particular County site.
D. The County reserves the right to add, delete or make changes to any guard
requirement, 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 the County under this Agreement is implied herein.
E. If Contractor desires to remove any guard stationed at any County site, the
Contractor shall give the Using Agency Representative at lease 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 Contractor, Contractor 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.
F. Upon written or verbal request of any Using Agency Representative or the Contract
Administrator, the Contractor 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.
11. REQ AREM N TH C NT AC O
Ihe C t c r:
A. 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 the Contractor; meet with the Contract
Administrator and the Using Agency Representatives to discuss personnel and work
performance and will work accordingly as necessary to assure satisfactory
performance of the contract. A list of names and schedule of this staff, including all
applicable telephone numbers for emergency notifications, will be provided to the
Contract Administrator prior to the execution of this Agreement. The Key Staff
identified on ExKiLit - , are subject to the requirements of Section 2.8 of the
Agreement.
B. Will insure that guards are prompt and that posts are covered at all times.
C. Will 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. Will provide all personnel with an approved I.D. card to be worn conspicuously by all
personnel on duty.
E. Will ensure that Contractor's employees will abide by all rules and regulations as set
forth by the Using Agencies.
F. Shall be responsible for deportment, appearance, conduct and supervision of all
personnel concerned with the operation of the security services provided to County
pursuant to this Agreement. All such personnel under the responsibility of the
Contractor will be required to deport 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. Shall make available to the Contract Administrator and the Using Agencies, upon
request, on an ongoing basis throughout the term of this contract, the complete
personnel file on each employee to be assigned to work under this contract. The
personnel shall contain copies of, but not limited to, the following documents:
N
Any polygraph rep(,,.8, medical examinations, training test rL its and certifications,
proof of education, firearm licenses, state guard service licenses, employment
application, and drivers license number and expiration date.
H. At its expense, will make random and routine checks by its management staff of all
on -duty personnel for proper performance of duty. However, the County reserves
the right to establish a specific schedule, at no additional cost to the 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 applicable Using
Agency Representative, within one week of such inspection.
I. Must confiscate any County -issued identification cards;,secutity pouches, and any
other County property immediately, and return the same to the County on termination
of any employee assigned to any County site pursuant to thib contract.
III. EMPLOYECIFICAT__I_O_N:
A. E E
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.
B. KNO L DI G�ABILI IES AND SKILLS: All employees assigned to the County
under this contract 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. To be polite, courteous and cooperative at all times, especially during times
of stress.
C. QUA _lFlC TIONa: All employees assigned to County under this contract must
satisfy the criteria set forth on Exhibit_ = 1 and the following criteria:
Must be in possession of all licenses and/or permits required by all County,
local, state and federal agencies as applicable to the position, including but
not limited to those required by Section 493.01, Florida Statutes.
�j
2. Employee: just produce evidence that prior secui Nork was performed
to the satisfaction of the former employer(s); such evidence being retained
in the employee's personnel file.
3. All employees must be in possession of a valid Florida Operator's Drivers
License. Contractor is required to maintain a record on each employee's
personnel file which shows driving license number and expiration date.
Contractor 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, have a high
school diploma or a G.E.D., or the higher education required by Exhibit A -
for the particular position. They must be able to successfully pass a National
Criminal Background check and any other background check required by the
Using Agency or the Federal Aviation Administration, a medical examination
which includes a drug screening (after having been offered employment by
the Contractor), and shall receive training from the Contractor as specified
in the Contractor's Proposal Documents.
g, t t of to 'da ar License me :
a. Classifications 1, 2 and 3: Florida State Guard License "D";
b. Classification 3: 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.
g. 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. ELIGI 1 I GRITERIA:
All security personnel employed by the Contractor under this contract are required
to meet certain minimum qualifications or standards regarding background,
experience, health, and licensure, as established in this section 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 has been
lawfully admitted for permanent residence as evidenced by Alien Registration
Receipt Card Form 1-151, or who presents other evidence from the
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 contract if they currently or have in the past
been involved in:
0
(a) any ,alony or sex conviction.
(b) military conduct resulting in dishonorable or undesirable discharge.
(3) Must successfully complete a medical examination, to be conducted at
Contractor's expense, prior to 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 basic as well as shades of color in both normal .
and peripheral vision, where required by the essential duties of the
position.
(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. S R TY GUARD TASKSSHALL INCLUDE S AEEROPRIATE
(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 patrol an area or facility for the
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
I:
transmittal wrens accompanying materials being re. ded 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.
(11) Turns up lighting at the beginning of each business day to permit ingress of
employees, vendors and authorized personnel, reduces and/or 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, burglary or other alarms, or other
emergency situations, evaluate 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.
A
(21) Maintains daily logs and writes daily reports, ii—dent 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, 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 a facility after normal working hours.
(27) Safeguards and protects all existing structures, utilities, service, roads, trees,
shrubbery, etc. against damage or interrupted service. in Contractor
shall oaf the
held responsible for any damage to the property g Y
negligence of Contractor'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.
IV. IBAMN_G
A. 9ENEML
. The Contractor 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 the Contractor,
i.e., the time spent by staff in such a program, though required, is not billable.
All Contractor security personnel must successfully complete and pass the
course prior to assumption of duty under this contract. This training course
is to have the components set forth in the Proposal Documents, and must be
expressly approved by the Contract Administrator.
2. All employees assigned to this contract must already have completed
orientation and basic training by the Contractor including at least eight (8)
hours facility operations before the employee is allowed to perform any
services for the County. Evidence of this must be provided to the County
prior to assigning the employee. This training will be at the Contractor's
expense.
7
3. Applicable . ast orders will be maintained on -site a ,apdated 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 the 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. A�+NING .
The Contract Administrator, and the Using Agencies as applicable, will evaluate the
quality and completeness of training provided to all Contractor 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. LN�TRUCTQR
All formal training is to be taught, and/or presented by persons who are appropriately
certified in one or both of the following ways: By an accredited institution of 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
contract supervisor or an experienced guard meeting the approval of the Contract
Administrator.
D. CURSE F INSTRUCTION
A written copy of the proposed course of instruction shall be provided for review and
approval by the Contractor to the Contract Administrator prior to the execution of this
Agreement. A representative(s) of the Contract Administrator may visit training
classes without notice, to monitor this course.
E. C R IF C _TQhL_0F TRAINING
All training, with the exception of follow-up orientation and subsequent training of
replacement guards, shall be completed prior to assignment under this contract. 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.
8
'RITy PERSONNEL
. F. TRAINING FOt�__,U
Basis Inat,ugtional 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. The Contractor may exercise full discretion over the 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, the Contractor 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.
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) o o ni dos EguiRme
Telephone
Two-way radio
Routine and emergency procedures
(c) r t o S Hour O -Sit
- 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
Access control, including people ai iu :kages
- Circulation and crowd control
Interviewing techniques
- Safety inspection and awareness
(d) RMQ_ Wt' M'
Written report methods and requirements
Requirements for legibility and -literacy
(e) a 'c it i c in CP
(� Special Situ iat o_M
- Escort services
- Loiterers
- Vandalism
- Threats to personnel safety
Burglary, robbery, or theft
- Espionage
Sabotage
Drugs/Alcohol
(g) EM"Ofta S rv' es
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
10
Reporting procedures for emerge, is or other non -routine
incidents
(h) Written c mina_lion
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 Taeti quiremErAp
As part of this training, the Contractor shalt 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 contract, a security guard must achieve a score of
75% correct answer or higher.
(b) Report Writing - This portion of the test is designed to assess the
individual's 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 the
Contractor 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 written narrative, oral presentation, or
film depicting an event, and to complete the report in an adequate
manner.
3, 5ite Qrien ation Training
The Contractor 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 contract 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
guard/office 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
11
be the sole _ssessor of that effectiveness. The Site entation 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. Befresh r Training(
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 the Contractor and may include, should circumstances dictate
(e.g. repeated violations by a guard), not only Site Orientation Training but
also any or all portions of Basic Instructional Training.
V. UNI ORMS AND E AT D UIPMENr ANDSUP DLIES FOR SECURITY QUARDS:
A. UNI O M
All uniforms shall be provided by Contractor and/or employees. The County will not
provide any uniform or uniform element. Contractor 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.
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 contract shall be required to wear the same color and style of
uniform, distinguished only by Contractor 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 contract:
(1) 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
12
B.
(4) Neck tic - st. j black unless waived for the specific io on by Using Agency
Representative.
(8) Tie bar (see (4) above)
(g) Socks - solid black
(7) Shoes - solid black
(8) Shoulder patches lettered to indicate the name of the Contractor shall be
worn on both shoulders of the uniform jacket and shirt. No other
identification of the Contractor or employee shall be worn or displayed on the
uniform except hat.
(9) "Baseball' - style cap, with a patch that identifies the company. Regulation
uniform hats may be required at certain sites and are to be provided by the
contractor. Baseball caps are not to be worn at major facilities.
(10) Name tags and current photo I.D. card issued by contractor to be worn 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 Contractor'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 the Using Agency
Representative shall have the right to require the immediate replacement of
any employee on duty who is out of uniform.
UIPME T FOR SECI� ILTY 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.
Una rM2d juards
(1) Pistol belt, without shoulder strap
(2) Whistle, with metal chain attachment
(3) Flashlight; heavy-duty (2 or more D-cells)
(4) Baton, approved police -style, belt -attached, but not usually worn.
The use of a PR.24 requires current certification of the user.
13
(5) Two-way radio, licensed for use by the Federal Communications
Commission (FCC), and meeting all requirements as specified in this
Agreement.
2. Arm d Gums
Armed Guards will be provided only as specifically requested by the Using
Agency Representative, and approved by the Contract Administrator.
(1) Pistol belt, with shoulder strap.
(2) All of the equipment listed.above.
(3) Pistol
•� eUWAMO
Security personnel may be required by the County to operate licensed motor
vehicles in order to move between non -adjacent scheduled foot -patrol assignments
or to conduct vehicular patrols of 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 contract by the Contractor and maintained by
the County for the duration of the contract. Vehicle types, color, markings, lights and
other features shall be approved by the Contract Administrator or the Using Agency
Representative. The Contractor may be required to provide a maximum of up to
three (3) off-street motorized carts. The rates for same are as specified on
Exhibit A-1.
D.MAINTENANCEF EQUIPMENT ANQ 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 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 contract or by Contract Administrator or Using Agency
Representative.
2. t a e o Un' or nd EguipMen
The Contractor is responsible for assuring that security personnel maintain
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 the
Contractor, provided by either party, shall be kept clean, well -maintained, and
14
in safe opt .ing condition at all times, free from de. s or wear which may
in any manner constitute a hazard to any person or persons on County
property.
VI U TY- &WO913 ITEM
The County shall furnish without cost to the Contractor, to be used only in connection with
the performance of this contract, -the following materials and equipment:
A. Eacili Post Order Post orders are to be prepared, with reasonable and periodic
update, for each individual post by Using Agency Representative, with the advice of
the Contract Administrator. The Contract Administrator shall have the responsibility
for distributing a single copy of the subject post orders to the Contractor, who shall
in turn be responsible for ensuring. appropriate distribution of the orders to all field
security personnel. The Contractor 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 the County.
C. c ck
Watchclocks required under this contract for the completion of security tours will be
supplied by the County. Contractor will be responsible for the repair or replacement
of County supplied watchclocks caused by harsh treatment or misused of clocks as
determined by the repair company. Dials, key and routine maintenance shall be
supplied by the County.
otQ:
Contract personnel are no to open watchclocks under any circumstances.
D. ent
Contractor assumes full responsibility for all equipment issued by the County to
Contractor solely for performance of the work contained herein. Contractor shall
reimburse County, at current market rates, for all equipment that is lost, damaged,
stolen, or otherwise unavailable. Upon termination of contract, all equipment shall
be returned to the County in good operating condition, less reasonable wear and
tear.
VII. CONIRAC OR -FUR ISHED ITEMS
A. WORKING MATERIALS
Contractor shall provide all working materials necessary for proper performance of
this contract including, but not limited to, items such as bound logs, notebooks, pens,
and pencils. These materials shall be supplied by the Contractor at no expense to
the County, unless otherwise specified by this contract or the Contract Administrator.
15
All material regjire o perform this contract and not otheiw, mentioned as being
provided by the County shall be provided by the Contractor and/or employee at their
expense.
B. MINIMUM NIFORM AND EQUIPMENT- ISSUE
In order to ensure that all on -duty security personnel are fully equipped and
meet contractual standards for neatness of appearance, the Contractor will
be required to issue to each employee, and maintain throughout the term of
this contract, 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.
(a) Two-way hand-held radios, licensed for use by the Federal
Communications Commission, are to be provided by the Contractor
to on -duty contract security guards, and supervisors.
(b) In addition, the Contractor shall provide upon request similar radios,
with portable chargers, to Security Management personnel
supervising this contract, not to exceed two in number, and to be
returned to the Contractor upon expiration of the contract. Should
any additional radios be required, the Contractor agrees to rent
additional radios to the 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) Contractor personnel must be available at the Central Dispatch
Station who have the ability and authority to take immediate action on
behalf of the County or Contractor, as required. This station shall
have a complete roster of all security officers assigned to County
posts and hours to be worked.
(e) System gue
Radio communications among system users (Le. County and
Contractor security personnel) is expected to be strong and clear at
all times ("five by five"), both transmitting and receiving. The
Contractor shall be totally responsible for providing and maintaining
system quality.
3. gther EgUin ent_- Per Sectigr!_V—B:
(a)
Pistol Belt
(b)
Flashlight
(c)
Whistle
C. F.F�1.OR99—M 2
The Contract Administrator is responsible for ensuring that the Contractor adheres
to contractual requirements with regard to uniforms and equipment issues.
C:\APPS\WP\DATA\WACKA.EXH
June 26, 1998
17
EXHI IT "A-1"
SP FI REQUIREMENTS, RATES
SECURITY SERVICES AND EQUIPMENT
The rates and charges for security guards and equipment set forth below shall be inclusive of all overhead
(including costs of Key Staff), benefits, maintenance, and other charges whatsoever.
59� U I GU D CLA SIFICATIONS AND RATES:
CLASS 1
This is the regular classification of security officer. This individual must be able to perform basic functions such
as standing post, completing reports, making notifications.
The individual must meet all of the following minimum criteria:
o High School Diploma.
o At least 21 years of age
o Successful Completion of Background Investigation, as set forth in the Proposal Documents and in
xhi i A, and including any additional requirements of any Using Agency or the FAA
o Completion of State Required 16 Hours of Training for "D" Security Officer License
o Have attended the 40-hour training class described in the Proposal Documents, to be conducted by
the Contractor prior to assignment to a County site, and have attended an 8-hour refresher course
each year.
o Acceptable appearance and demeanor, with reasonable communication skills
Per Hour f r c o tra t Y ar
Bill Rae Overtime Rate
Contract Year 1
$12.00
$ 18.00
Contract Year 2
12.00
18.00
Optional Contract Year 3
12.48
18.72
Optional Contract Year 4
12.85
19.28
Optional Contract Year 5
13.11
19.67
CLASS �1
This is the intermediate classification of security officer. This classification may be used in sensitive and high
visibility areas.
The individual must meet one or more of the following criteria:
o 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
o At least two (2) years of college experience (60 semester credit hours), resulting in an associate's degree or
higher
o One (1) year as a security supervisor, or three (3) years security experience with a meaningful employment
history
Exhibit A-1, Page 1 of 4
EXHIBIT "A„ "
CLASS-11 (continuedi
In addition, the individual must meet all of the following minimum criteria:
o Professional appearance and demeanor, with above average communication skills
o At least 21 years of age
o Successful Completion of Background Investigation, as set forth in the Proposal Documents and in
x i i , and including any additional requirements of any Using Agency or the FAA
o Completion of State Required 16 Hours of Training for "D" Security Officer License
o Have attended the 40-hour training class described in the Proposal Documents, to be conducted by
the Contractor prior to assignment to a County site, and have attended an 8-hour refresher course
each year.
Rate Per H ur for Each Contrat year - Class I
Bill gatg Qvertime RaIg
Contract Year 1 $13.98 $ 20.97
Contract Year 2 13.98 20.97
Optional Contract Year 3 14.54 21.81
Optional Contract Year 4 14.98 22.47
Optional Contract Year 5 15.28 22.92
CLASSIIII
This is the highest classification of security officer. This classification will work at courthouses and will serve as
dispatchers for Office of Environmental Services and other specialized site locations requiring this type of background.
The individual must meet all of the following minimum criteria:
o Graduate of a certified federal, state, county or local law enforcement training program, military police training
or equivalent with appropriate certificate or diploma.
o Have a minimum of three (3) full years experience in certified law enforcement in a military or civilian setting
(applies to armed officers only).
o Professional appearance and demeanor, with above average communication skills
o At least 21 years of age
o Successful Completion of Background Investigation, as set forth in the Proposal Documents and in Egb&jL6, and
including any additional requirements of any Using Agency or the FAA
o Completion of State Required 16 Hours of Training for "D" Security Officer License
o Have attended the 40-hour training class described in the Proposal Documents, to be conducted by the
Contractor prior to assignment to a County site, and have attended an 8-hour refresher course each year.
RatepgrHourf rE a Y r- I I I
Bill Rate
Contract Year 1 $16.40
Contract Year 2 16.40
Optional Contract Year 3 17.06
Optional Contract Year 4 17.57
Optional Contract Year 5 17.92
Qvertimg Rate
$ 24.60
24.60
25.59
26.35
26.88
Exhibit A-1, Page 2 of 4
Site Supervigor
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:
o Possesses verifiable supervisory eXperience within either civilian law enforcement, military, or with The
Wackenhut Corporation.
o Graduate of a certified federal, state, county or local law enforcement training program, military police
training or equivalent with appropriate certificate or diploma.
o Have a minimum of three (3) full years experience in certified law enforcement in a military or civilian
setting.
a Professional appearance and demeanor, with above average communication skills
o At least 21 years of age
o Successful Completion of Background Investigation, as set forth in the Proposal Documentsand in
Exhibit A, and including any additional requirements of any Using Agency or the FAA
o Completion of State Required 16 Hours of Training for "D" Security Officer License
o Have attended the 40-hour training class described in the Proposal Documents, to be conducted by
the Contractor prior to assignment to a County site, and have attended an 8-hour refresher course
each year.
Per Hour for Each Contract Year - Site Supervisgr
a#e OvgIjime Rate
Contract Year 1
$19.32
$ 28.98
Contract Year 2
19.32
28.98
-Optional Contract Year 3
20.09
30.14
Optional Contract Year 4
20.69
31.04
Optional Contract Year 5
21.10
31.65
Exhibit A-1, Page 3 of 4
gECURIIYI E'
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.
$ 200.00 per month, per vehicle
PATROLVE ES•
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.
$1,000.00 per month each, if assigned to a location where patrol function does not exceed
12 hours per day.
$ 1,400.00 per month each, if assigned to a location where patrol function exceeds 12
hours per day.
EATROL BIC C 5-
Raleigh 15 speed, fully equipped police quality bicycles. Rate is inclusive of all maintenance.
$ 100.00 per month each
Exhibit A-1, Page 4 of 4
The following Key Staff shall be assigned to the oversight of operations under this Agreement, at no
additional charge to the County.
William B. Schira, Area Manager and Operations Manager
Edward Farnan, Manager of Physical Security
Major Dan Poole, Area Supervisor
Major Allen Reynolds, Area Supervisor
Major James Vazquez, Area Supervisor
Captain Larry May, Senior Street Captain
Captain Joe Alls, Street Captain
Captain Sam Carrasquillo, Street Captain .
Captain Paul Burbridge, Street Captain
Captain Chris Dittmer, Street Captain
In addition, Contractor shall provide back-up security guard services (at
County) to provide relief to guard positions at County sites, such that poste
ability to take scheduled 15 minute breaks and County shall not have
interrupted during such breaks.
Exhibit A-2, Page 1 of 1
d
no additional charge to
guards shall have the
security guard service
., .
MOLOTOM
Enterprise Security, Inc.
6�OI-1
20%
Scope of Work: Provisions of Class I and Class II Guards to
sites identified on Exhibit D,
as may be changed or adjusted from time
to time upon approval of the Contract Administrator
and applicable Using Agencies.
Exhibit B, Page 1 of 1
EXHIBIT C
F DERALAND_COUNTY NO.NDISCRIMINATIQN__REQUIREMENTS
I. NONDISCRIMINATION - 49 CFR PART 21 REQUIREMENTS
During the performance of this contract; the Consultant/Contractor/
Ten a nt/Concess ion a i re/Lessee/Pe rm ittee/Licen see for itself, its personal representatives,
assigns and successors in interest (hereinafter referred to collectively as the "Contractor")
agrees as follows:
(a) Co[npliance With Regulations. The Contractor shall comply with the Regulations
relative to nondiscrimination in Federally Assisted Programs of the Department of
Transportation (hereinafter, "DOT') Title 49, Code of Federal Regulations, Part 21, as
they may be amended from time to time (hereinafter referred to as the Regulations),
which are herein incorporated by reference and made a part of this contract.
(b) Nondiscrimination. The Contractor shall not discriminate on the grounds of race, color,
religion, gender, national origin, age, marital status, political affiliation, familial status,
physical or mental disability, or sexual orientation in the selection and retention of
subcontractors, including procurement of materials and leases of equipment. The
Contractor shall not participate either directly or indirectly in the discrimination
prohibited by Section 21.5 of the Regulations, including employment practices when
the contract covers a program set forth in Appendix B of the Regulations.
(c) So' 'tation for bcontracts Inc i Pr r ment of Materials and E ui ment. In
all solicitation either by competitive, bidding or negotiation made by the Contractor for
work to _be performed under a subcontract, including procurement of materials or
leases of equipment, each potential subcontractor or supplier shall be notified by the
Contractor of the Contractor's obligation under this contract and the Regulations
relative to nondiscrimination on the grounds of race, color, religion, gender, national
origin, age, marital status, political affiliation, familial status, physical or mental
disability, or sexual orientation.
(d) Information and Reports. The Contractor shall provide all information and reports
required by the Regulations or directives issued pursuant thereto and shall permit
access to its books, records, accounts, other sources of information, and its facilities
as may be determined by the County or the Federal Aviation Administration (FAA) to
be pertinent to ascertain compliance with such Regulations, orders, and instructions.
Where any information required of Contractor is in the exclusive possession of another
who fails or refuses to furnish this information, the Contractor shall so certify to the
County or the FAA, as appropriate, and shall set forth what efforts it has made to
obtain the information.
Exhibit C, Page 1 of 5
(e) ,unctions for Noncomoligram. In the event of the Contractor's noncompliance with the
nondiscrimination provisions of this contract, the County shall impose such contract
sanctions as it or the FAA may determine to be appropriate, including, but not limited
to: (1) withholding of payments under the contract until there is compliance, and/or (2)
cancellation, termination, or suspension of the contract, in whole or in part. In the
event of cancellation or termination of the contract (if such contract is a lease), the
County shall have the right to re-enter the Premises as if said lease had never been
made or issued. These provisions shall not be effective until the procedures of Title
49 CFR, Part 21 are followed and completed, including exercise or expiration of appeal
rights.
(f) Incorporation of Provisions. The Contractor shall include the provisions of paragraphs
(a) through (e), above, in every subcontract, including procurement of materials and
leases of equipment, unless exempt by the Regulations or directives issued pursuant
thereto. The Contractor shall take such action with respect to any subcontract or
procurement as the County or the FAA may direct as a means of enforcing such
provisions including sanctions for noncompliance. Provided, however, that in the event
Contractor becomes involved in, or is threatened with, litigation with a subcontractor
or supplier as a result of such direction, the Contractor may request the County to
enter into such litigation to protect the interests of the County and, in addition, the
Contractor may request the United States to enter into such litigation to protect the
interests of the United States.
(g) The Contractor, as a part of the consideration hereof, does hereby covenant and
agree that in the event facilities are constructed, maintained, or otherwise operated on
the said property described in this contract, for a purpose for which a DOT program
or activity is extended or for another purpose involving the provision of similar services
or benefits, the Contractor shall maintain and operate such facilities and services in
compliance with all other requirements imposed pursuant to 49 CFR, Part 21,
Nondiscrimination in Federally Assisted Programs of the Department of
Transportation, and as said Regulation may be amended.
(h) The Contractor, as a part of the consideration hereof, does hereby covenant and
agree that: (1) no person on the grounds of race, color, religion, gender, national
origin, age, marital status, political affiliation, familial status, physical or mental
disability, or sexual orientation shall be excluded from participation in, denied the
benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2)
that in the construction of any improvements on, over, or under the premises and the
furnishing of services thereon, no person on the grounds of race, color, religion,
gender, national origin, age, marital status, political affiliation, familial status, physical
or mental disability, or sexual orientation shall be excluded from participation in, denied
the benefits of, or otherwise be subjected to discrimination, and (3) that the
Exhibit C, Page 2 of 5
Contractor shall use the premises in compliance with an other requirements imposed
by or pursuant to 49 CFR, Part 21, Nondiscrimination in Federally Assisted Programs
of the Department of Transportation, and as said Regulations may be amended.
During the performance of this contract, the Consultant/Contractor/Tenant/
Concessionaire/Lessee/Permittee/Licensee, for itself, its assignees and successors in interest
(hereinafter referred to collectively as the "Contractor") agrees as follows:
The Contractor assures that it will undertake an affirmative action program as required by 14
CFR Part 152, Subpart E, to insure that no person shall on the grounds of race, color,
religion, gender, national origin, age, marital status, political affiliation, familial status, physical
or mental disability, or sexual orientation be excluded from participation in any employment,
contracting, or leasing activities covered in 14 CFR Part 152, Subpart E. The Contractor
assures that no person shall be excluded on these grounds from participating in or receiving
the services or benefits of any program or activity covered by this Subpart. The Contractor
assures that it will. require its covered suborganizations to provide assurances to the
Contractor that they similarly will undertake affirmative action programs and that they will
require assurances from their suborganizations as required by 14 CFR Part 152, Subpart E,
to the same effect.
The Contractor agrees to comply with any affirmative action plan or steps for equal
employment opportunity required by 14 CFR Part 152, Subpart E, as part of the affirmative
action program, and by any federal, state, or local agency or court, including those resulting
from a conciliation agreement, a consent decree, court order or similar mechanism. The
Contractor agrees that state or local affirmative action plans will be used in lieu of any
affirmative action plan or steps required by 14 CFR Part 152, Subpart E, only when they fully
meet the standards set forth in 14 CFR 152.409. The Contractor agrees to obtain a similar
assurance from its covered organizations, and to cause them to require a similar assurance
• of their covered suborganizations, as required by 14 CFR Part 152, Subpart E.
If required by 14 CFR Part 152, Contractor shall prepare and keep on file for review by the
FAA Office of Civil Rights an affirmative action plan developed in accordance with the
standards in Part 152. The Contractor shall similarly require each of its covered
suborganizations (if required under Part 152) to prepare and to keep on file for review by the
FAA Office of Civil Rights, an affirmative action plan developed in accordance with the
standards in Part 152. .
Exhibit C, Page 3 of 5
a. -
If Contractor is not subject to an affirmative action plan, regulatory goals and timetables, or
other mechanism providing for short and long-range goals for equal employment opportunity
under Part 152, then Contractor shall nevertheless make good faith efforts to recruit and hire
minorities and women for its aviation workforce as vacancies occur, by taking any affirmative
action steps required by Part 152. Contractor shall similarly require such affirmative action
steps of any of its covered suborganizations, as required under Part 152.
Contractor shall keep on file, for the period set forth in Part 152, reports (other than those
submitted to the FAA), records, and affirmative action plans, if applicable, that will enable the
FAA Office of Civil Rights to ascertain if there has been and is compliance with this subpart,
and Contractor shall require its covered suborganizations to keep similar records as
applicable.
Contractor shall, if required by Part 152, annually submit to the County the reports required
by Section 152.415 and Contractor shall cause each of its covered suborganizations that are
covered by Part 152 to annually submit the reports required by Section 152.415 to the
Contractor who shall, in turn, submit same to the County for transmittal to the FAA.
III. biONDISC IMINATI N - GENERAL CIVIL RIGHTS PROVISIONS
The Cons ultant/Contractor/Tenant/Concessionaire/Lessee/Permittee/Licensee for itself, its
assignees and successors in interest (hereinafter referred to collectively as the "Contractor")
assures that it will comply with pertinent statutes, Executive Orders and such rules as are
promulgated to assure that no person shall, on the grounds of race, color, religion, gender,
national origin, age, marital status, political affiliation, familial status, physical or mental
disability, or sexual orientation be excluded from participating in any activity conducted with
or benefiting from Federal assistance. This Provision obligates the Contractor or its
transferee for the period during which Federal assistance is extended to the airport program,
except where Federal assistance is to provide, or is in the form of personal property or real
property or interest therein or structures or improvements thereon. In these cases, the
Provision obligates the party or any transferee for the longer of the following periods: (a) the
period during which the property is used by the sponsor or any transferee for a purpose for
which Federal assistance is extended, or for another purpose involving the provision of similar
services or benefits; or (b) the period during which the airport sponsor or any transferee
retains ownership or possession of the property. In the case of contractors, this Provision
binds the contractors from the bid solicitation period through the completion of the contract.
Exhibit C, Page 4 of 5
(a) policy. It is the policy of the Department of Transportation (DOT) that disadvantaged
business enterprises, as defined in 49 CFR Part 23, shall have the maximum
opportunity to participate in the performance of contracts financed in whole or in part
with Federal funds under this agreement. Consequently, the DBE requirements of 49
CFR Part 23 apply to this agreement.
(b) DBE Obligation. The Contractor agrees to ensure that disadvantaged business
enterprises, as defined in 49 CFR Part 23 have the maximum opportunity to participate
in the performance of contracts and subcontracts financed in whole or in part with
Federal funds provided under this agreement. In this regard, all contractors shall take
all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that
disadvantaged business enterprises have the maximum opportunity to compete for
and perform contracts. Contractors shall not discriminate on the basis of race, color,
religion, gender, national origin, age, marital status, political affiliation, familial status,
physical or mental disability, or sexual orientation in the award and performance of
DOT -assisted contracts.
Exhibit C, Page 5 of 5
EXHIBIT D
BROWARD COUNTY SECURITY SERVICES
HOURS
BROWARD COUNTY FACILITY PER WEEK
FACILITIES MANAGEMENT DEPARTMENT
NORTH REGIONAL COURT
WEST REGIONAL COURT
MIDRISE
MIDRISE PARKING (MBE Contractor —
ENTERPRISE)
SOUTH REG. COURT (MBE Cbntractor—
ENTERPRISE)
CARVER RANCHES (MBE Contractor -
ENTERPRISE)
MILLS MULTIPURPOSE
ENVIRONMENTAL SERVICES DEPARTMENT
ENVIRONMENTAL /COPANS
SCOES DISPATCH
AVIATION DEPARTMENT
AVIATION - AIRPORT GATES
AVIATION DEPARTMENT
AIRPORT EMP. PARKING LOT PATROL
AIRPORT PARK'N SAVE (MBE Contractor -
ENTERPRISE)
TRANSIT
NW BUS TERMINAL
WEST BUS TERMINAL (MBE Contractor -
ENTERPRISE)
LIBRARIES
COLLIER (MBE Contractor -ENTERPRISE)
Ftkw*nd library (MBE Contractor - ENTERPRISE)
Mizell Library (Service when requeSted)
MISCELLANEOUS BROWARD COUNTY SITES
STREETS & HIGHWAYS
SEXUAL ASSAULT TREATMENT CENTER (MBE
Contractor- ENTERPRISE)
BUILDING & ZONING
SW LANDFILL
CURRENT TOTAL HOURS
80,0
123.0
85.0
80.0
122.5
16.0
64.3
126.0
168.0
280.0
30B.0
168.0
166.4
93.3
168.0
25.0
6.5
118.0
2198.0