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HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-1891 Temp. Reso # 10216 August 1, 2003 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT ADDENDUM WITH THE WACKENHUT CORPORATION FOR SECURITY SERVICES EFFECTIVE NUNC PRO TUNC TO AUGUST 5, 2003 THROUGH AUGUST 4, 2004 ADOPTING BY REFERENCE ALL TERMS AND CONDITIONS OF BROWARD COUNTY AGREEMENT FOR RLI NO. D090297RB; AUTHORIZING AN EXPENDITURE IN AN AMOUNT NOT TO EXCEED $4,500.00 MONTHLY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac and The Wackenhut Corporation entered into an Agreement dated July 14, 1998; said original Agreement subsequently renewed on April 10, 2000 and September 11, 2002 respectively under the same terms and conditions, pursuant to Broward County Agreement for RLI no. 090297RB, attached hereto as Exhibit 3 of Attachment A; and WHEREAS, Broward County Agreement for RLI No. 090297RB, expired on August 4, 2003, and has been extended on an open-end interim basis; and WHEREAS, The Wackenhut Corporation has authorized this extension of the original contract as evidenced in Exhibit 1 of Attachment A; and Temp. Reso # 10216 August 1, 2003 Page 2 WHEREAS, the Broward County Board of Commissioners has approved said extension as evidenced in Exhibit 2 of Attachment A; and WHEREAS, The Wackenhut Corporation has agreed to extend Broward County Agreement for RLI No. D090297RB with the City on a month -to -month basis, said Agreement Addendum attached hereto as Attachment A; and WHEREAS, the Addendum will become effective nunc pro tunc to August 5, 2003 and will end no later than August 4, 2004; and WHEREAS, The Interim Director of Public Works and the Interim Purchasing and Contracts Manager recommend the appropriate City officials approve the Agreement Addendum with The Wackenhut Corporation for security services under Broward County Agreement for 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 extend the Agreement with The Wackenhut Corporation for security guard services on a month -to - month basis effective nunc pro tunc to August 5, 2003 through August 4, 2004 in an amount not to exceed $4,500.00 monthly. 11 Temp. Reso # 10216 August 1, 2003 Page 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 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 an Agreement addendum with The Wackenhut Corporation for security services effective nuns pro tuns to August 5, 2003 through August 4, 2004 adopting by reference all terms and conditions of Broward County Agreement for RLI no. D090297RB; authorizing an expenditure in an amount not to exceed $4,500.00 monthly. 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. Temp. Reso # 10216 August 1, 2003 Page 4 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 27th day of August, 2003. a •.t JOE SCHREIBER Mayor RECORD OF COMMISSION VOTE: MARION SWENSON, CMC MAYOR SCHREIBER a.4z CITY CLERK DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM—TALABISC DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCH'ELL S.4CR FT CITY ATTORN � 1 08/01/09 15:06 FAX 954 724 2408 CITY-TAKIRAC-PURCHASING C�002 EXHIBIT 1 TR 10216 BK)�vAND WPW-•COUN--y PURMWNC DIVISIAN 4-15 S- Andmwq .1una�1 g ,2Room 403x12 • F9rt ta�dtals, FlOrlda 5309 - 9543s7.6pss • FAx 954-557-es3z 6499 Powerline Rand Suite 303 Fort Lauderdi0e, FL. M30Q Attention. W1111®m D, Schire, Area Manager Dear Mr_ sd,*a: The owrrent contract with Wadcenhut Corporation for Security Services (RLI No. 000297RB) la ntu3Ang expiration an August 4, 2003. Tho County is currently procemsing RI„ I No. 20030228-0-FG01 'For a new Security Services, contract Please indicate if you will entw Into an Interim Contract based on the same pricing, terms and conditior►s of the current avntract (ill No, 090297RB). The County is interested In entering into such an interim ccntract.on a morrth4o- month basis until a now contract is awarded, if a new eoritract is not approved by the Board of County Commissioners before the expiration of the current cone -act. Nate. Ttie purpose of th'a letter is to determine your desir® Wativa to this proposed Interim contract This inquiry does not consUMO an extension of the current contract - Please sign in the space provided at the bottom of the papa indicating your desire mgarding tiro Interim contract provisions. Your response shwid be reeved by the Pumhas"ing Division no later than &o0 PNI, Monday, June 2-3, 2003- Failure to respond will be taken e5 tacit evidence that year firm is not interested in exsrciaing Its option to enter into this interim can"ct- Your cooperation in this matter is eppredated- For furthor information pleaee contact \AAII Glasmyer, of the Purchasing Division. Terephone No. (95d)35743076; Fax No. (954)3574 535. Yes We offer to enter into this interim contract under the original provisions for the oontrad cited above. No We do nat h to enter into this interim contract. . � fi►i� Ij,�ii!lyY�e Name Title 08/01/03 15:07 FAI 954 724 2408 CITY-TAMARAC-PURCHASING IM003 WrR' July 15, 2003 Wackenhut Corporation Attn: Mr. William B. Schira 6499 Powerline Road Suite %2 Fort Lauderdale, FL 33309 Fax: (954) 771.-5408 Reference RLI No. 090297RB Purchasing Division 115 S. Andrews avenue, Room 212 Fort Lauderdale, FL. 33301 54) 357-6065 •FAX (954) 357-5535 Dear Mr, William S. Schira: We hereby accept your offer for Interim Contract No. D090297RBg1, for Security Services, for the various Broward County Agencies. This award is subject to all terms/conditions contained � C e or 9 ners. RLI No. 090297RB approved an July 7, 1998 by the Broward County Board a beginning This Contract is in affect for the period tieg 9 August 5, 2003 and will continue on a month to month basis until a new contract is in place. Purchase Order(s) will be placed as and when required. copy of this native, with a copy of the above contract, including all terms and conditions, is being forwarded to all applicable Using Agencies_ Thank you for your interest in submitting a quotation. Sincerely, jV i Will Glasmyer, Purchasing Agent 11, Purchasing DiVision Award Ledar for Vendor [QuotAohl Farm 450 9.?JQ2 }Tcnr,WARn r-c*jNTY uOARD OF caUNTY commiss.OKEF s Di... w��„r R , t V r. � A+ t"'M. Jr_ • ,home A OS/OL/03 15:07 FAX 954 724 2408 CITY-TARAC-PURCHAS: EXHIBIT --^h� BRWD PURCHASING 07/r'V03 10.13 FAX 9543578695 .���.. pREylpUS ITEM BROWARD COUNTY TR 10216 BOARD OF COUNTY COMMIssiONERS Meeting Date W'OARDAGENDA� ITEM #�BFD7/DS/03 >> COUNTY Page 1 of 2 Action Or MOUG kuthotlty or �y�sment For lte{n ar+d idanQN outcome o Recjuiest d.Acti'vri.: MOTION TO APPROVE open-. Interim Contract with Wackenhut Corporation' for Security RLI No - Services based on the same prices, terms and conditions 0,pB ftor the Facile eAsting ities Management 090297RB, in the estimated monthly amount of $317,0 pivision_ The Interim Contract will commence on August 5, 2003 and continue month -to - month until a new contract Is in place. vvl,y is Action Necessary: In accordance with Browerd County Procureand Vement Code Section 21.34.a.4, the Board must approve purchases $200,000, What Action Accomplishes: Continues security services at various County laeations- he r= - (Provide a �� an oyervr� of me rel�rrt dompa Snr 1conditions Ta�aZOIRThe r4 tt a encY r8wmmeroehorL�.�FACILITIES 1VIANAGEMENT DNISION CHASINGDIVISIOhI AND TIC OVE MOTION. EN❑ APPROVAL OF THE ABterms and terim Cantrtct, the venSe'N Gt8$ Age ement Sectiod to honor the n �8.1ra��e current Agreement of the current Security provides a goal of 20% non-specific small dis ��t� Small Business Opportunity ()aEESBO) s enterprise (SDBE) participation. The Division of Equal Employment concurs with a continuing goal of 20% non-specfc 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, 2903 (item 43) for replacement of the existing contract which i5 due to expire August 4, 2003. sec# Srgrtia#iiare4�y -r. r:.:.: ::1=;.:; �,�;,►' '(r, q .tvre cunfluns thaTrcq� appzavala from p'0�"�4 Type Noma, Trtla, Agar -yard Phone: Phillip C. Allen, CFO & Director, ,� ,Taare: �� Finance and Administrative Services �" � Z G J Department (954) 357-7130 sotto of Add5bN--1 Infortr13ti0n: Type Name, Tdie. Agency and Phone lPnn R, ('umminos, CPFO, Director, Purchasing ❑ivision (954)3�7 6a70 r Farm 1�-1-A Raves a/•1tV02 005 08/01/03 15:07 FAX 954 724 2408 CITY-TAMARAC-PURCHASING (moos 07/24/03 10;13 FAX 9543578935 BIZWD PURG'SASUC; . t 24. D) sale source standard-a�nan vn of mshtsce, repair and replacement of Johnson Cwtrols, Inc- (Johnson) equipment and systems at cum w* covered Broward county boldings, too include all aroward County buildingswhich have Johnson controls as their Min cantrai systems - ACTION= (Tfine•.70:13 AAA Approved. Mo710 TO open-end Interim contract with Wackenhut Corporation for 25' temts and conditions of the, wdsting security servioas based an the same prices, amourrt of $�i17,000 for the contract, RL1 No. 090297RB, in the estimated rn lY Facilities Management Division. The inWm contrad will commence or August 5, 2003 and continue month" month until a new contrad is in place- ACTIoN: (TI-me-1013 AAA Approved. REVEN EIND N 26. MOTIO IQ AMff three Resolutions 2003-518 *m 2003-520 authorizing cancellation ofwarrantsfromC207 9entral 4000.379Sp�tf-Icmud N. �nsurance785, court: No 09 D 2�805 8 ee No. 2090002760550, Payroll No. and Tax and License No. 2090002760916. ACTION- (T:me-10:13 AN APPrcwed, 27. M Tl N T) APPROVE ANp E C Error and Insolvenc ies Report far 2002 as required by Florida S aUe 197.492, ACTION; (7-Ime-f0-13 AM) APPr"'d- HISKMANNO D I ION 28 full and final settlement of claim No. JVG/012701 MCMA in the amount Qf $6&500. A C7nON: (Tme-10 16 AM) Approved See Page 07/08/03 -11 - No Text AGREEMENT Between BROWARD COUNTY and WACKENHUT CORPORATION for SECURITY SERVICES RLI NO. 090297RB EXHIBIT TR 10216 W? 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," S 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: ARTICLE 1 DEFINITI NS AND DENTIFICATIONS 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#112.FRM (Rev. 6/19/97) 6! contrasted with of policy, all parties may rely the instructions or A determinations made by the Contract Administrator; provioeu, 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. ARTICLE 2 SCOPE OF SERVICES 2.1 Contractor shall perform all work identified in this Agreement and Exhibi 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 I, II, and III, as described in Exhibit A-1) needed to perform the varying functions that might be needed by a Using Agency. In addition to the training required by Exhibi A 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 -today 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#112.FRM (Rev. 6/19/97) -2- 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 Agency, 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 services to the respects UsngAge yeffectve uponthe date established by the notice. 2.4 This is a non -ex lusive 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 d County Procurement Code (Chapter 21 rovided under this Agreement except as expressly authorized by the Browar County 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 b t the Contract Administrator t atoraorea Using 1pAgencly address any concerns y pertaining to the Quality Control Program. 2.8 Subject to the provisions hereof, Contractor will provide the key staff identified on Exhibit AA2, 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.FRMi _ (Rev. 6/19/97) _3 r Administrator in write. )ntractor will obtain prior written oval of the Contract Administrator prior to ai ,y replacement or any other chang4 . 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 employees 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-2 TERM AND T1M OF 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 r Time shall be deemed to be of the essence in performing the duties, obligations and responsibilities required by this Agreement. ARTICLE 4 COMP N ATION 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 Overtime Char es - 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#112.FRM (Rev. 6/19/97) -4` any Using Ac result in less than 48-hours nc eing given for any additional shift requirements or new site assignment, wen 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. ATYme shall reduceelay in 'the overtime charges ges ng such coverage by the Contractor beyond the Response on an hour -far -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 assignments or additional shifts. 4.1.2 v mime Ch r es - 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 ct a vertime Mus b Worked - 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 ll re hours worked dt n excess of a regular weekly tour of duty. Any and aq nests Y Co for overtime compensation must be accompanied by payroll documentation showing payments to by security the County for coverage pursuant to subsection attributable to the q 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#112.FRM 5^ (Rev. 6/19/97) 4.3 THOD F BILLING AND P YMENT 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 equipment usage, by specific location, security guard classification, and equipment type, provided on a daily basis. An original invoice plus one copy shall be submitted to 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#112.FRM (Rev. 6/19/97) -g- 4.4 Notwithstanding any .,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 ent indicating emoved obresolveContractor. a When the above reasons for withholding payment ar 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 all persons supplied by or through Contractor that any benefits excich may usively ely abed Countyesdshall be, ha I be responsdible fornhe o responsibility of the Contractor compensation or benefits to any such persons. 4.8 SUBCONTRACTORS 4.8.1 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 Exhibit B 4.8.2 Invoices for any services performed by any subcontractors shall be passed through to County without 2-n-Y- 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 Exhibi A-1. CAF#112.FRM _7 (Rev. 6119/97) 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. AR LE 5 CHANGES IN SCOPE OF SERVICES 5.1 Any change to the Scope of Services must be accomplished by a written amendment, executed by the parties in accordance with Section 9.17 below. ARTICLE 6 INDEMNIFICATION IFICATION 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. ARTICLE 7 INSURANCE 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) -8- 7.2 Such policy or policie III be without any deductible am( :rid shall be issued by companies authorized todo business ibehm dee of BQoward County,having Flore�idas upon whom service of p Y 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. Contractors 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 its olff'ce s employeestacts or or agentsmissions of the Board of County Commission ability 7.3 Com rehensive General Liability dedswhicheshallC containensive minimumeneral limits of Five Insurance Policy shall be pro Hundred Thousand Dollars ($500,000.00) per occurrence combined single limit for bodily injury liability and property damage liability. Coverage must be afforded on a form no more restrictive than thelatest dnts� s filed by the Insurance Services n of the Comprehensive l Liability Policy, without restrictive endorsements, a Office and must include: Premises and/or operations. Independent contractors. Products and/or Completed Operations for contracts. Broad Form Contractual Coverage ndemn indemnification agreement specific this Contract, including any hold harmless Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. ts 7.4 Business Automobile Li bili Business 00 000 DO) peer occbullity rrencehcomb combined singminimum le of Three Hundred Thousand Dollar ($ 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' Com ensation insura ehW/Vorkers' Compensation Lawers' Compensation 'nof the Statefof all employees in compliance with Florida and all applicable federal laws. In addition, the policy(ies) must include: CAF#112.FRM 9_ (Rev. 6/19/97) Employers' Liability with a limit of One Hundred Thousand Dollars ($100,000.00) each accident. If any operations are to be undertaken on or about navigable waters, coverage must be included for the U.S. Longshoremen & Harbor Workers Act and Jones Act. 7.6 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 TERMINATION 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 it 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 performing 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 C year, funds arebudgeted by the are u not eted and made available by the Board. If for any fiscal yar 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. ARTICLE 9 MISCELLANE US 9.1 OWNERSHIP OF DOCU ENTS 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. 9.2 AUDIT RI HT AND RETENTION F RECORDS 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 -11- Agreement for L quired retention period of the Flo. "'ublic Records Act (Chapter 119, Fla. Stat.), if applicable, or, if the Florio., ,-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 Contractor's 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. 9.3 NOND15 IMINATI D S, EQUAL IT ES AC OYMENT OPPORTUNITY AND AME I ANS WITH 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 II 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 County Code, Chapter 16'/�), 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#112.FRM (Rev. 6/19/97) -12- 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, Chaptter�tal national origin, marital status, political affiliation, or physical en disability during employment. Such actions shall include, but not be limited to; the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, nla coed Litermination, employment, training t ainother (informs c (including compensation, terms and conditions apprenticeship), and accessibility. 9.3.5 Contractor shall not engage in or commit any discriminatory practice in . violation of the Broward County Scope ofServi estoBany part f throward te Scope Chapter 16de '/z) in performing p of Services of this Agreement. 9.3.6 With respect to any County site that subject to federal or state the Contra tot nt requirements, and to the extent applicable - agrees to abide by the nondiscrimination requirements set forth on Exhibit C, attached hereto and made a part hereof. 9.4 SMALL DISADVANTAGED BUSINESS ENTERPRISE PROGRAM 9.4.1 Contractor shall comply with County's Small Disadvantaged Business Enterprise (SDBE) Affirmative Action Program, requiring goals in all County procurement activity at One Hund and onstructiodnreservices;Fifty-Thousand Dollars Seventy-F Seventy -Five Thousand($150,0Q0) or above for and contract value Dollars ($75,000) or above e related services; alnd Fifty Thousand Dollar architectural/engineering and ($50,000) or above in total contract value for all other goods and services. 9.4.2 Contractor must comply with the provisions andof Article COUN"1-Y'sVAdm pstrative ter 20, Broward County Code of Ordinances; 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 achievingin its actions to meet thecurrent established or this Project, t SDBE Contractor agrees to take affirmative participation goals established by County. CAF#112.FRM 13- (Rev. 6/19/97) 9.4.4 This Agreem,.,t .,s the following SDBE numerica. u' a: Minori Busines E ter rise African -American 20°�0 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 responsibility 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 & Small Business Opportunity immediately when an SDBE Sub- contractor is not able to perform. If the Contractor is unable to substitute the unavailable SDBE with another certified SDBE, the actual substitution of a non-SDBE subcontractor may not occur until the Broward County Division of Equal Employment aSmall or tloB ubstitutusinesse their able has SIDBE wfied the ith anothegood h efforts of the Cont certified SDBE. 9.5 PUBLIC ENTITY CRIMES ACT 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 f be awlarded or perform work as acontractor, ic work, may not submit bis on les of supplier, property to County, may 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 awh thered as a Contractor has blic een placty edrogatheless of the convicted amount of money involved or vendor list. 9.6 IN EPENDENT CONTRACTOR Contractor is an independent contractor under this Agreement. Services provided by Contractor 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. 9.7 THIRD PARTY BENEFICIARIES Neither Contractor nor County intend to directly or substantially benefit a third party by this Agreement. Therefore, the pares gee that there are no that No thardrparty shall bee titled to assert as rd party beneficiaries to this Agreement claim against either of them based upon this Agreement. 9.8 NOTICES 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 ovemight 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 section.forth For the presetil changed in writing in the nt, the parties design manner provided in this ate the following: FOR BROWARD OUNTY: Purchasing Director Governmental Center 115 South Andrews Avenue Fort Lauderdale, Florida 33301 CAF#112.FRM -15- (Rev. 6/19/97) FOR CON —I&--- OR: 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. 9.9 ASSIGNMENT AND ERFO MANCE 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. 9.10 COS 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.., r 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 subcontractors to perform any services required by this Agreement, Contractor agrees to prohibit such subcontractors, by written contract, from having any conflicts as within the meariing of this section. 9.11 CONTINGENCY FEE. Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Contractor, t person, or secure eu e this Agreement and that it has not paid or agreed to pay any 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 WAIVER OF BREACH AND MATERIALITY 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 bse rues t b��a provision shall Hothis t beAgreement rued toshall be a be deemed a waiver of any su q modification of the terms of this Agreement. 9.13 SEVERANCE 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 -17- (Rev. 6/19/97) 9.14 JOINT PRE A TIC 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. 9.15 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 9 of this Agreement shall prevail and be given effect. 9.16 AP LICABL LAW AND VENUE 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. 9.17 MENDMENTS 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 PRIOR AGREEMENTS This document incorporates and includes all prior negotiations, 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. GAF#112.FRM (Rev. 6/19/97) -18- 9.1.9 DRUG -FREE WOR, SCE 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 FAA REGULATIONS 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. Ies qts emblotees and'of itDs subcontract o'stemployeesl conduct background chec p Y 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 administrafQvisiornCControctor further eedings, court agreestoall re rectify any sects urity by rity County in enforcing this p 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 Y9.21 AR 20 0 WARR/-\ l Contractor warrants that any equipheen�materials services underpursuant h s Agreement, Contract, or used in connection with t provision or any software licensed to County hereunder, or any software, hardware or r use in the operation of firmware delivered, included, needed, or recommended othisoAgreement (hereinafter any equipment used by Contractorpursuant "Equipment"), if the Equipment uses or four stores4 d� it year fields (inbe cluding, accurately t store and process date/time data O 9 limited to, calculating, comparing, interfacing and sequencing) from, into, and between the twentieth and twenty-first centuries, prior to,the years 1999 and dur rig and after the oalendar 00 and leap year calculations. Equipment to b usedp year 2000 shall be designed to perform', at onsnval dCounty, or ncororect results that there shall not be experienced software abnormally eding or from the software, microcode, or firmware used in the operation of the Equipment. Contractor further represents and warrants that its software many r any software, o tw re, which Contractor acquires from a third partyuse and installsall be century -compliant, allowing for uninterruptede$fromand one century to'oanotherning ewhlen on and used Sn without regard to changes indot accordance with the item documentation. thiSpecial lf Contractor discovers that any Warranty, Contractor shall notify Equipment fails to satisfy the term County immediately of such conflict Nothing this may ophetwise haveecial tu de llthis construed to limit any rights or remedies County Contract with respect to defects other than Year 2000 performance. 9.22 Incor oration of Res once too Re nest f the Counetters of and all proposal eocuments Letters of Interest ("Request") issued by tY submitted by Contractor to County for evaluation Contractors is hereby incorporatedtby to which this Agreement was awarded reference into this Agreement and nl�actorpart inhesponse(the theretoeareand called documents provided to County by C Contractor shall be bound by all terms, collectively, "Proposal Documents") conditions, representations, and commitments Documents. In the event Contractor shall fail to abide by and comply with any of the ned in the oposal terms, conditions, representations, or commitmentssuch falure shalllbe deemed ardefault Documents, then, at the option off county, conflict of this Agreement. In the event of atlrevaeeen this Agreement and the Proposal Documents, this Agreement p 9.23 Penty in an rformance Bond. The Contractor shall post a performance bond the PC a mince amount equal to Six Hundred Thousand Dollars ($600,000.00) CAF#112.FRM 20- (Rev. 6/19/97) cure he ligations of Bond"). The Perform«, lu.: Bond shall rmt Bond shall be either) inbthe form m of Contractor to the County. The Performance cash, an Irrevocable Letter of Credit rfoemance Bondof it shall beP ny foem and nt and Performance Bond ("Bond"). The Pe substance satisfactory to the County�Q the County,gement s multaneouslynwith the Performance Bond shall be submitted execution of this Agreement by the tor. uponthe event of any any other default heaieunder, lure by Contractor to perform its obligations hereunder law then in addition to any other rights and remedies wn available theo fuloluamounty tnt of the or in equity, County shall be entitled to draw Performance Bond. Upon notice of any ewsLethtea of Credit oraBoond oraclashnin thetfull replace the Performance Bond with a n or amount of the Performance Bond required hhout ther. Any Lettr of Term of t es Bond a shall be kept in full force and effect throughout 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 etter of Cred t or Bondot less than �ContOractorcalendar shall days prior to any expiration date of any .submit evidence in form satisfactory torCeounty ace that tsaid L ttersecurity of Credit sor Bond, as been renewed. A failure to renewp applicable, shall be a default of this Agreement, entitling County to all available remedies. Each Letter of Credit be provided hereunder financialer any other Section or institution of recognized provision of this Agreement shall be p Y tate of Flrida. Throughout the term f standing authorized to do business in the Letter of Credit, the financial institutiothen 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 o m and substanceisat sfactory to the n for at least five (5) years. Each letter of credit shall be County. Each Bond provided hereunder, or under any other Section or provision of the Agreement, shall be executed by a surety company of recognized standing authorized to do business in the State buslnessand withaainrecordsof successful ent in Broward County and having been continuous operation for at least five (5) years. Each Bond shall be in form and substance satisfactory to the County. Furthermore, such surety company must have at least a "B+" rating in the Latest revision of Best's Insurance Report. 9.23 INCORP0R,gTI0N BY REFER- CE The truth and accuracy of each "Whereas" clause 8 set C a d D are in arpo�ated 9wledgto by the parties, The attached Exhibits A 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. 9.25 (Q UNTERPARTS This Agreement may be executed in up to five (5) counterparts, each of which shall be deemed to be an original. IN WITNESS WHEREOF, hroupaies hereto have made and executed this rtts BOARD OF COUNTY COMMISSIONERS, Agreement: BROW) RD OUNTY through signing b and through' ha' or Vice Chair, authorized to execute same by Board action si si the day of , 1998, and WACKENHUT CORPORATION, signing by and throug s Vi President, duly authorized to execute same. COUNTY ATTEST: frrsrarrr�r�- Broward County AdKr6lstrata Ex-officio Clerk of tt�row�rd;dTinty; Board of County Cmis�oneii3' ` r� =;;�� t ;;Pepproved as to form by Approved as to Insura�,ce ,q.., rt yMee of County Attorney Requirements by RISK MANAGEMENT DIVCP'CP4 groward County, Florida SHARON L. CRUZ, Interim County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Y B .� Telecopier: (954) 357-7641 By Assistant"County Attorney BROWARD COUNTY, by and through its Board of County Commissioners CAF#112.FRM -22- (Rev. 6/19/97) `AGREEMENT BETWEEN Ljr.�WARD COUNTY AND WACh_, JT CORPORATION FOR SECURITY SERVICES CONTRACTOR ACKENHUT CORPORATION By Drew Levine, Vice resident day of _v�•. �, 1998 (CORPORATE SEAL) 97-71.68 RLI #090297-RB C :\A P P S\W P\DATA\WAC KE N. AO 0 June 30, 1998 CAF#112.FRM -23_ (Rev. 6/19/97) DATE (MMIDDIYY) ADM'' CERTIFICATE OF LIABILITY INSURANCE 10/03/2002 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER Serial # Al578 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Aon Risk Services, Inc. Of Florida HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW PO Box 019012 COMPANIES AFFORDING COVERAGE Miami, FI 33101-9012 COMPANY American Home Assurance (J A / INSURED COMPANY Commerce & Industry �^ The Wackenhut Corporation COMPANY Insurance Co. Of State OfPA 4200 Wackenhut Drive, #100 �.., C Palm Beach Gardens, FL 33410 COMPANY D COVERAGES TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD THIS IS INDICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS_— EXCLUSIONS AND CONDITIONS — POLICY EFFECTIVE POLICYEXPIRATION XPIR TI N LIMITS CO co TYPE OF INSURANCE POLICY NUMBER YY) DATE (MMIDDIDATE A GENERAL LIABILITY RMGL6125607 10/0212002 10/02/2003 GENERAL AGGREGATE — $ 5,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTSCOMPIOP AGG $ - 5,000,000 CLAIMS MADE X OCCUR PERSONAL & ADV INJURY $ _5,000,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 5,000,000— X CONTRACTUAUE&O FIRE DAMAGE (Anyone fire) $ XXXXXX MED EXP (Anyone person) $ XXXXXX X PROF. LIABILITY a A AUTOMOBILE LIABILITY RMCA5349548 02 0/02/2003 COMBINED SINGLE LIMIT�� $ �I OOO,OOO X ANY AUTO r7 (� ALL OWNED AUTOS RMCA5349549 (TX) BODILY INJURY-1 $ RMCA5349550 (MA) (Per person) SCHEDULED AUTOS RMCA5349551 (VA) X HIRED Auros RMCA5349552,(C BODILY INJURY $ 7 'g (Per accident) X NON -OWNED AUTOS PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY - EA ACCIDENT rD — ... P��Q� C�Q �C� ANY AUTO C OTHER THAN AUTO ONLY. EACH ACCIDENT $ - ---- — w\a \� AGGREGATE $ EACH OCCURRENCE $ . - --- EXCESS LIABILITY \��a S $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM "� WC STAIU- OTH ER A WORKER'S COMPENSATION AND WC3322481 (A) 10/02/2002 10/02/2003 _X TORY.LIMITS $ 1 B EMPLOYERS' LIABILITY WC3322483 (A) EL EACH ACCIDENT ,000.000 — C TI-IC PROPRIETOR: X INCL WC3322484 (B) EL DISEASE - POLICY LIMIT _ $ 1 ,000,000 PARTNERS/EXECUTIVE -- WC3322482 (C) EL DISEASE • EA EMPLOYEE $ 1,000,000 OFFICERS ARE EXCL OTHER ENi� DESCRIPTION OF OPERATIONSlLOCATIONSNEHICLES/SPECIAL ITEMS CONTRACT #D9029777RB01 PLEASE SEE ATTACHED CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL CITY OF TAMARAC PUBLIC WORKS 90 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, FINANCE DEPARTMENT, PURCHASING DIVISION 7525 N. W. 88TH AVENUE BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY TAMARAC, FL 33321-2401 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ATTN, LYNDA S. FLURRY, CPPO AUTHOR�EO REPFj( SF3JTATIVF n Ic un�lr!n nr.Ir rn !TFn rc r1ANA FF r U ACURU CCURPORA 1 IUN 198B ACORD 25-S (1195) ,, ...,. • No Text THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ENDORSEMENT # Z This endorsement, effective I2:01 A.M. 09/01/01 forms a part of Policy No. R-NIGL 612-36-12 issued to THE WACKENHUT CORPORATION By: ANIERICAN HO!vfE ASSURANCE COMPANY ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: Section II - WHO 1S AN INSURED is amended by the addition of the following: An additional insured is any person or organization to whom the Insured becomes obligated to include as an additional insured under this policy, as a result of any contract or agreement the Insured enters into which requires the Insured to furnish insurance to the additional insured of the type provided by this policy, but only with respect to liability arising out of the Insured's operations, specifically the performance of any services for the additional insured pursuant to said contract or agreement. However, this policy does not provide any coverage for any negligence ( joint, concurrent, independent or individual ), acts, errors or omissions of any additional insured or its employees. However, irrespective of the insurance provided under this policy, the coverage afforded to an additional insured is specifically limited to the minimum coverage and the minimum coverage limits required by said contract or agreement to provide services to an additional insured. This provision shall not apply, however, in those instances where the minimum coverage or the minimum coverage limits required by said contract or agreement exceed the coverage or limits for which The Wackenhut Corporation is insured by this policy. All other terms and conditions remain unchanged Authorized Represent e FTI CA FTI m Pt)<q' k�• EwN4:1kh14►111r_191a]:I`Ibill Ji1 BETWEEN THE CITY OF TAMARAC AND THE WACKENHUT CORP. THIS AGREEMENT ADDENDUM is entered into on !� a­7 2003 between the CITY OF TAMARAC, a municipal corporation with principal offices located at 7525 NW 881" 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 FL 33410 (Contractor), for the purpose of providing security guard services to the City of Tamarac. WHEREAS, the parties entered into an Agreement dated July 14, 1998; said original agreement subsequently renewed on April 10, 2000 and September 11, 2002 respectively under the same terms and conditions, pursuant to Broward County Agreement for RLI No. 090297RB; and WHEREAS, Broward County Agreement for RLI No. 090297RB dated July 14, 1998, and which expires on August 4, 2003, has been extended on an open-end interim basis. Contractor has authorized this extension of the original contract as evidenced in Exhibit 1, and the Broward County Board of Commissioners has approved this extension as evidenced in Exhibit 2; and WHEREAS, the City and Contractor agree to extend the current agreement on a month -to -month basis pursuant to the same terms and conditions as set forth in the original agreement and subsequent amendment and/or renewals. NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1. Contractor and City shall comply with the terms and conditions of Broward County Agreement for RLI No. 090297RB, as amended, and attached hereto as Exhibit 3 on a month -to -month basis for a period not to exceed twelve (12) months, effective nunc pro tunc to August 5, 2003 and ending no Later than August 4, 2004. All terms and conditions of contract documents as set forth in Exhibit 1, Exhibit 2 and 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 based on the current hourly rates referenced in Exhibit 3. 3. Upon execution of this Agreement, all references to Broward 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 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 the City or the Contractor for cause or by the City for convenience, upon thirty (30) days written notice by the oe_� 'nlalEd4.;' 'f.dP'i.;�7ri7/!i(.J and(:(i17 t 3t; ; f )ltil:>!0/! terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date. In the event the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the 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 - [a] I VA City Manager City of Tamarac 7525 NW 88t" 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. .................................................... ........ ........ ........ 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, CMC City Clerk Date ATTEST: (Corporate Secretary) Robert L. Kilbride Type/Print Name of Corporate Secy (CORPORATE SEAL) CITY OF TAMARAC Joe Schreiber, Mayor Date Jeffrey L: 'Mill , City Manager Date Approved, as to form and legal sufficiency: Mitchell S. Kraft, City Attorney Date The Wackenhut Corporation Company Name Signature of Senior Vice _t Drew Levine Type/Print Name of Senior Vice President Date 3 i'�r rr,at<�c q 4 n ....i11(frr2.... CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA .SS COUNTY OF PALM BEACH: 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 _ day of _.c f 2003. f. S( ature of Notary Public ;r^ Stacey Horan State of Florida at Large MY COMMISSION # DD126065 EXPIRES May 1, 2005 7ONCFQ THRI) TROY FAIN INSURANCE INC ry , JIO .rQ Print, Type or Stamp Name of Notary Public Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or DID NOT take an oath. 4