Loading...
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 Jowapho F4W1k21W, J�, . Eb" Gmhff. Suo GLoutwxSW - Krk*n 0- J=Wx - 11010 LWX— imf H-W paffm. jam E- Rmddram. Jr- - Jums A. Z=A * D-9wR vlhm""uo�4� 08/01/03 15:06 FAX 954 724 2408 g LTY -'�,AKAKAU- FUKUHAb i IN ki r %. "I V Vt. 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 hm 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