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