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HomeMy WebLinkAboutCity of Tamarac Resolution (92)Temp Reso # 9567 Page 1 of 1 March 12, 2002 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002 - 92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH WACKENHUT CORPORATION FOR SECURITY SERVICES ADOPTING BY REFERENCE ALL OF THE TERMS AND CONDITIONS CONTAINED IN BROWARD COUNTY CONTRACT #D090297RB01; AUTHORIZING AN ANNUAL EXPENDITURE OF FUNDS IN AN AMOUNT NOT TO EXCEED $45,000; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 1998 the City significantly enhanced the security of its municipal facilities through the installation of an integrated security management system; and WHEREAS, subsequent to the installation of the security system a security officer was deployed at City Hall in order to provide enhanced security at this facility; and WHEREAS, the City utilizing the provisions of City of Tamarac Code §6- 155 elected to procure security services from the Wackenhut Corporation utilizing a Broward County Board of County Commissioner's Agreement #D090297RB01 for security services rather than initiating a City bid process; and WHEREAS, the Broward County Board of County Commissioners Agreement (#D090297RB01) with the Wackenhut Corporation executed on July 14, 1998, provided for security services at Broward County Government facilities Temp Reso # 9567 Page 2 of 2 March 12, 2002 beginning August 4, 1998 for an initial period of two (2) years, with a renewal option for three (3) one-year periods, a copy of said Agreement attached hereto as Exhibit 1; and WHEREAS, on April 25, 2001, Broward County accepted a renewal of the aforesaid Agreement for the period of August 5, 2001 through August 4, 2002, a copy of said contract renewal is attached hereto as Exhibit 2; and WHEREAS, the execution of the City's contract renewal with Wackenhut Corporation was delayed following the September 11 terrorist attack on the United States in order to provide the City the opportunity to re -assess the security of City facilities; and WHEREAS, in order to comply with City's purchasing procedures it is necessary to renew the City's Agreement with the Wackenhut Corporation in order to authorize payments for services rendered; and WHEREAS, the Wackenhut Corporation has agreed to extend the terms and conditions of the Broward County Agreement to the City of Tamarac for an additional one year period, a copy of said renewal letter and certificate of insurance attached hereto as Exhibit 3; and WHEREAS, funding exists in the General Fund for this purpose; and WHEREAS, the Director of Public Works, and the Purchasing/Contracts Manager recommend that the City of Tamarac purchase security services from the Wackenhut Corporation for an additional one year period utilizing Broward County Agreement #D090297RB01 in an annual amount not to exceed $45,000; and Temp Reso # 9567 Page 3 of 3 March 12, 2002 1 1 WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the residents of the City of Tamarac to purchase security services from the Wackenhut Corporation for an additional one year period utilizing Broward County Agreement #D090297RB01 in an annual amount $45,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: The appropriate City Officials are authorized to execute an Agreement with Wackenhut Corporation adopting by reference all of the terms and conditions contained in Broward County Contract #D090297RB01, a copy of said agreement attached hereto as Exhibit 4. SECTION 3: An annual expenditure of funds in an amount not to exceed $45,000 is hereby approved. 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 # 9567 Page 4 of 4 March 12, 2002 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED, AND APPROVED this 10th day of April, 2002. ATTEST: MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to fdrm. ITCHELL S. f RAFT CITY ATTORNEY 10% JOE ... MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER A ye/ DIST 1: V/M. PORTNER Aye/ A DIST 2: COMM. MISHKIN er DIST 3: COMM. SULTANOF_ ye/ DIST 4: COMM. ROBERTS A er U\adm correspondance\agendas\9567RES- Wackenhut contract renewal.doc 1 1 1 c AGREEMENT Between BROWARD COUNTY and WACKENHUT C0 PORATION for SECURI SERVICES RLI NO. 090297RB TEMP. RESO. 9567 EXHIBIT 1 AGREEMENT Between BROWARD COUNTY and WACKENHUT CORPORATION for SECURITY SERVICES RLI NO. 090297RB 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," AND 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 DEFINITIONS AND IDENTIFICATIONS 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) -1- contrasted with m� .: of policy, all parties may rell `.he instructions or determinations made by the Contract Administrator; provided, 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 Exhibit A. The parties agree that the Scope of Services is a description of Contractor's obligations and responsibilities and is deemed to include preliminary considerations and prerequisites, and all labor, materials, equipment, and tasks which are such an inseparable part of the work described that exclusion would render performance by Contractor impractical, illogical, or unconscionable. The Contractor will provide security services to various County agencies ("Using Agencies"), as required by County. Services may encompass a range of basic operations such as standing post, completing reports, and making notifications to specialized functions such as dispatching, motorized vehicle and bicycle patrol, as well as security at specialized sites such as airport gates and courthouses. Contractor will be required to provide any of the three classes of Security Officers (Class 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 Exhibit 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 r,=4 -A 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 cease providing services to the respective Using Agency, effective upon the date established by the notice. 2.4 This is a non -ex lug_ sive contract. The Contractor acknowledges and agrees that the County makes no guarantee as to the quantity or type of work available under this contract, and the County, in its sole discretion may contract with one or more other firms to provide services similar to the services to be made available by Contractor under this Agreement. 2.5 Contractor acknowledges and agrees that the Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to -.be provided under this Agreement except as expressly authorized by the Broward County Procurement Code (Chapter 21 of the Broward County Administrative Code). 2.6 The Contractor shall promptly address any concerns raised by the Contract Administrator or a Using Agency pertaining to the administration of services under this contract, including but not limited to the security guards provided to the Using Agencies, furnishing of supplies and equipment, and procedures for timely payment of personnel, and subcontractors. Personnel shall be paid at least bi-weekly (once every other week). 2.7 The Contractor shall implement its Quality Control Program that was included in its response to the Request for Letters of Interest pursuant to which this Agreement was awarded (the "Quality Control Program"). The Contractor shall promptly address any concerns raised by the Contract Administrator or a Using Agency pertaining to the Quality Control Program. 2.8 Subject to the provisions hereof, Contractor will provide the key staff identified on Exhibit A-2, as long as said key staff are in Contractor's employment, which key staff shall be provided without separate charge to the County. The key staff shall serve in the functions specified on Exhibit A-2. If any key staff person discontinues employment with Contractor, then Contractor shall immediately notify the Contract CAF#112.FRM (Rev. 6/19/97) '3' Administrator in write..,, )ntractor will obtain prior written --)val of the Contract Administrator prior to a+ y replacement or any other change , 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 3 TERM AND TIME 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 Time shall be deemed to be of the essence in performing the duties, obligations and responsibilities required by this Agreement. ARTICLE 4 COMPENSATION 4.1 County agrees to pay Contractor, the hourly rates for the security guards at the rates for each year of this contract, as are established by Exhibit A-1, which amounts shall be paid in the manner specified in Section 4.3, and as provided below. 4.1.1 Overtime Charges - 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 Agcn result in less than 48-hours no,_eing given for any additional shift requirements or new site assignment, then the County shall pay the Contractor overtime at the "Overtime Rate" set forth on Exhibit A-1, for the first forty-eight (48) hours of any new site assignment or additional shift requirement; provided that such coverage is made available by Contractor within the later to occur of ("Response Time"): twelve (12) hours of the request by the Using Agency Representative, or the time specified by the Using Agency Representative. Any delay in providing such coverage by the Contractor beyond the Response Time shall reduce the overtime charges on an hour -for -hour basis. The Using Agency assignments identified in Exhibit D, attached hereto and made a part hereof, are the assignments that are currently in effect for the County as of the.- commencement of this Agreement and such assignments shall not constitute new assignments or additional shifts. 4.1.2 Overtime Charges - 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 Actual Overtime Must be 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 those hours worked in excess of a regular weekly tour of duty. Any and all requests by Contractor for overtime compensation must be accompanied by payroll documentation showing payments to security personnel for overtime hours directly attributable to the request by the County for coverage pursuant to subsection 4.1.1 or4.1.2. 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 (Rev. 6/19/97) -5- 4.3 LVIETHOD OF BILLING AND PAYMENT 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) '6' 4.4 Notwithstanding any p. ,vision of this Agreement to the trary, County may withhold, in whole or in part, payment to the extent necessary to protect itself from loss on account of fraud or reasonable evidence indicating fraud by Contractor. When the above reasons for withholding payment are removed or resolved in a manner satisfactory to Contract Administrator after receiving comments from any affected Using Agency, payment may be made. The amount withheld shall not be subject to payment of interest by County. 4.5 Payment shall be made to Contractor at: The Wackenhut Corporation PO Box 277469 Atlanta, GA 30384-7469 4.6 The Contractor shall pay all applicable sales, consumer, use, employment and similar taxes required by law and shall pay all employee benefits mandated by law, including without limitation, social security and unemployment insurance. 4.7 All direct employees of Contractor, and any persons supplied by or through Contractor, shall not be entitled to any compensation or any benefits that may be provided by the County to its own employees, nor shall the County in any way be liable for providing or payment of any such compensation or benefits. The Contractor shall provide a written notice to all persons supplied by or through Contractor that any benefits which may be provided shall be, and are, the responsibility of the Contractor exclusively and County shall be responsible for no compensation or benefits to any such persons. 4.8 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 Exhibi 4.8.2 Invoices for any services performed by any subcontractors shall be passed through to County without an C additional charge by the Contractor that would represent a profit to the Contractor. All such services shall be itemized on invoices from such subcontractors, showing work performed and charges incurred. Contractor shall bill subcontractor services using the unit costs on Exhibit A-1. CAF#112.FRM (Rev. 6/19/97) -7' 4.8.3 Contractor shall bind each and every approved subcontractor to the terms stated in this Agreement and shall require the proper licensing of such subcontractors. 4.8.4 Contractor shall provide County with copies of of its contracts between the Contractor and approved ARTICLE 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 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 this Agreement (unless otherwise the insurance and conditions required in Sections 7.3, 7.4, and , in accordance with the terms by this Article. CAF#112.FRM (Rev. 6/19/97) 7.2 Such policy or policies t_ A be without any deductible amoui :nd shall be issued by companies authorized to do business in the state of Florida, and having agents upon whom service of process may be made in Broward County, Florida.' Contractor shall specifically - protect County and the Broward County Board of County Commissioners by naming County and the Broward County Board of County Commissioners as additional. insureds. Contractor's naming of the County and the Board of County Commissioners as additional insureds pursuant to this Agreement shall afford coverage only for the negligence of Contractor in performance of services under this Agreement and in no event shall such coverage be construed so as to make Contractor or its insurer liable for the negligent acts or omissions of the Board of County Commissioners, its officers, employees or agents. 7.3 Comprehensive General Liability Insurance. A Comprehensive General Liability Insurance Policy shall -be provided which shall contain minimum limits of Five Hundred Thousand Dollars ($500,000.00) per occurrence combined single limit for bodily injury liability and property damage liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: Premises and/or operations. Independent contractors. Products and/or Completed Operations for contracts. Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 7.4 Business Automobile Liability. Business Automobile Liability with minimum limits of Three Hundred Thousand Dollars ($300,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Owned Vehicles. 7.5 Workers' Compensation insurance. Workers' Compensation insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: CAF#112.FRM (Rev. 6/19/97) -9- 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 work under this Agreement The e insurance coverages aequireby 'd Certificates ates of cle prior to beginning performance of of policies'provided. Insurance shall name the types p p 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. of any fthe insurance renewal policies shalges will expire prior to be furnished at least the completion of the.work, copies of 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 in accordance with the "NOTICES" section of this Agreement. CAF#112.FRM -10- (Rev. 6/19/97) 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 Contractor are budgeted and made available by the Board. If for any fiscal year, funds are not budgeted by the Board, the Contract Administrator will give the Contractor written notice of such event prior to the end of the last fiscal year for which funds are budgeted. ARTICLE 9 MISCELLANEOUS 9.1 OWNERSHIP OF DOCUMENTS Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of County. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by Contractor, whether finished or unfinished, shall become the property of County and shall be delivered by Contractor to the Contract Administrator. 9.2 AUDIT RIGHT AND RETENTION OF 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 U auired retention period of the Flo. .' ''ublic Records Act (Chapter 119, Fla. Stat.), if applicable, or, if the Florida ,-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 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 N 0Nui DNS WITH DISABILITIES ACS AMER'�" rson in its 9.3.1 Contractor shall not unlawfully discriminate nd ture of the funds oeany portion operations and activities in its use o expenditure 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 161/2), national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for service delivery. 9.3.3 Contractor shall comply with T'tthe basks of d sAmericans ability nwith emDisabilities nt and Act regarding nondiscrimination o 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 -12- (Rev. 6/19/97) 9.3.4 Contractor shall take affirmative action to ensure that applicants are employed and employees are treated without regard to race, age, religion, color, gender, sexual orientation (Broward County Code, Chapter 161/2), national origin, marital status, political affiliation, or physical or mental disability during employment. Such actions shall include, but not be limited to; the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. 9.3.5 Contractor shall not engage in or commit any discriminatory practice in violation of the Broward County Human Rights Act (Broward County Code, Chapter 16Y2) in performing the Scope of Services or any part of the Scope of Services of this Agreement. 9.3.6 With respect to any County site that is subject to federal or state grant requirements, and to the extent applicable to Contractor, the Contractor agrees to abide by the nondiscrimination requirements set forth on Exhibit 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 Hundred and Fifty -Thousand Dollars ($150,000) or above for construction services; Seventy -Five Thousand Dollars ($75,000) or above in total contract value for architectural/engineering and related services; and Fifty Thousand Dollars ($50,000) or above in total contract value for all other goods and services. 9.4.2 Contractor must comply with the provisions of Article XIV, Chapter 20, Broward County Code of Ordinances; and COUNTY's Administrative Procedures implementing Article XIV, Chapter 20, Broward County Code of Ordinances. 9.4.3 County and Contractor agree that prime and subcontract awards to Small Disadvantaged Business Enterprises and Minority - Majority Joint Ventures are crucial to the achievement of County's SDBE participation goals. In an effort to assist County in achieving its established goals for this Project, Contractor agrees to take affirmative actions to meet the current SDBE participation goals established by County. CAF#112.FRM (Rev. 6/19/97) -13- 9.4.4 This Agreement .. as the following SDBE numerical y( Minority Business Enter rQ ise ► African -American 20% The total assigned SDBE goals for this Agreement is: 20%. 9.4.5 Contractor incorporates by Exhibit "B" the names, addresses,scope of SDBE, and dollar value of SDBE participation on the Schedule 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 & Small Business Opportunity has verified the good faith efforts of the Contractor to substitute the unavailable SDBE with another 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 or public work, may not submit bids on leases of real property to County, may not be awarded or perform work as a contractor, supp ier 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 -14- (Rev. 6/19/97) shall result in terminatic. J this Agreement and recovery o, . conies paid hereto, and may result in debarment from County's competitive procurement activities. In addition to the foregoing, Contractor further represents that there has been no . determination, based on an audit, that it committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. 9.6 INDEPENDENT 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 parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them based upon this Agreement. 9.8 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 forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: Purchasing Director Governmental Center 115 South Andrews Avenue Fort Lauderdale, Florida 33301 CAF#112.FRM (Rev. 6/19/97) '15- FOR L —ON IRA- L L 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 ,=,aSIGN—ME T AND�ORMANCE 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 eN!ccees to County'sthe Scope of Services and satisfaction for the agreed to provide and perform such compensation. -- 9.9.3 Contractor shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality or Contractor's performance and all interim and final product(s) provided behalf of County shall be comparable to the best local and national standards. 9.10 QONFLICT� 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 -16- (Rev. 6/19/97) testimony „r issue a report or writing, as an ex. ,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 meaning 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, to solicit or secure this Agreement and that it has not paid or agreed to_ pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For a breach or violation of this provision, Board shall have the right to terminate this Agreement without liability at its discretion, or to deduct from the Agreement price or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 9.12 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 any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 9.13 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 (Rev. 6/19/97) -17- $.14 JOINT PREP& Ivt Preparation of this Agreement has been a joint effort of County and Contractor and the resulting document shall not, lely as a matter of of the parties than anycial otheronstruction, be construed more severely against one 9.15 PRIORITI( 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 term, and statement, requirement, or provision of this Agreement, , requirement, or provision contained in Articles 1 through 9 of this Agreement shall prevail and be given effect. 9.16 W 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 AM�NTS No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unlesscontained Agreement andnexecutednbyr hered Boardhand the same or similar formality as 9 Contractor. 9.18 PRI_REEMENTS This document incorporates andundersinclutandines gprior negotiations, correspondence, s applicable to the matters contained conversations, agreements, an herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document in accordance with Section 9.17 above. CAF#112.FRM _18. (Rev. 6/19/97) 9.19 DRUG -FREE WORT -xi \CE 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. If required by the Aviation Department, Contractor shall conduct background checks of its employees and of its subcontractor's employees in accordance with applicable Federal Regulations. If, as a result of the acts or omissions of Contractor, its subcontractors, or their employees, agents, invitees or guests, the County incurs any fines and/or penalties imposed by the Federal Aviation Administration or any expense in enforcing the regulations of the Federal Aviation Administration, including, without limitation, Part 107 and Part 139, and/or any expense in enforcing the Airport Security Program, then Contractor agrees to pay and/or reimburse to County all such costs and expenses, including all attorney's fees, costs of administrative proceedings, court costs, and all costs incurred by County in enforcing this provision. Contractor further agrees to rectify any security deficiency or other deficiency as may be determined as such by the County or the Federal Aviation Administration. In the event Contractor fails to remedy any such deficiency, the County may do so at the cost and expense of Contractor. The County reserves the right to take whatever action may be necessary to rectify any security deficiency or other deficiency. The provisions hereof shall survive the expiration or any other termination of this Agreement. CAF#112.FRM (Rev. 6/19/97) -19- 9.21 YEAR 2000 WARRANT ursuant to Contractor warrants that any equipmen fovisiontals oflservices under furnishedh s Agreemenit, Contract, or used in connection with the p , hardware or or any software licensed to County o e recommended for usunder, or any e in re the operation of firmware delivered, included, needed, any equipment used by Contractor pursuant to this Agreement (hereinafter "Equipment"), if the Equipment uses or stores dates, shall be able to accurately store and process date/time data in four (4) digit year fields (including, but not limited to, calculating, comparing, interfacing and sequencing) from, into, and between the twentieth and twenty-first centuries, ior o tduring and after the cyears 1999 and 000 and alendar leap year calculations. Equipment to be u p to ear 2000 shall be designed to perform, at ° added o� invalidoor incorrect results that there Y experienced software abnormally 9 shall not be in the operat from the software; microcode, or firmware that its software o'roany softwaren of the which Contractor further represents and warrantsand installs in any Equipment, shall be Contractor acquires from a third partyration and century -compliant, allowing for uninterrupted onecenturytooning another usedSn without regard to changes in dates from o to accordance with the item documentation. if Contractor discovers that any ec'ial Warranty, Contractor shall notify Equipment fails to satisfy the terms of this p County immediately of such conflict. Nothing in this Special Warranty shall be g construed to limit any rights or remedies County may otherwise have under this Contract with respect to defects other than Year 2000 performance. quest for 9.22 Incor oration of R s ons �o Request for Letters fand all proposal eocuments Letters of Interest ("Request) issued by the to submitted by Contractor to County for evalu on racttion in ore s hereby inco incorporated which this Agreement was awarded to Co reference into this Agreement and made a part hes ereof (tonseh thereto eare acalled documents provided to County by Contractor p collectively, "Proposal Documents"). Contractor shall be bound by all terms, conditions, representations, and commitm contained comply with any of the abide b Documents. In the event Contractor shall fail to Yposal terms, conditions, representations, or commitments )ned in the be deemed ardefault o Documents, then, at the option of County, such failure shall of this Agreement. In the event of any conflict between this Agreement and the Proposal Documents, this Agreement shall prevail. County in an 9.23 Performance Bond. The Contractor shall post Dollars ($600,000 00) (rformance bond "Performance mance amount equal to Six Hundred Thousand ol CAF#112.FRM -20- (Rev. 6/19/97) Bond"). The Performa%,; Bond shall secure the performanc ,f all obligations of Contractor to the County. The Performance Bond shall be either in the form of cash, an Irrevocable Letter of Credit ("Letter of Credit"), or a Payment and Performance Bond ("Bond"). The Performance Bond shall be in form and substance satisfactory to the County's Risk Management Division. The Performance Bond shall be submitted to the County, simultaneously with the execution of this Agreement by the Contractor. In the event of any failure by Contractor to perform its obligations hereunder or upon any other default hereunder, then in addition to any other rights and remedies available to County at law or in equity, County shall be entitled to draw down up to the full amount of the Performance Bond. Upon notice of any such draw, Contractor shall immediately replace the Performance Bond with a new Letter of Creditor Bond or cash in the full - amount of the Performance Bond required hereunder. Any Letter of Credit or Bond shall be kept in full force and effect throughout the Term of this Agreement. If a Letter of Credit is posted, then the term and all renewal terms of the Letter of Credit shall be for a period of not less than one year. Not less than sixty (60) calendar . days prior to any expiration date of any Letter of Credit or Bond, Contractor shall submit evidence in form satisfactory to County that said security instrument has been renewed. A failure to renew or replace a Letter of Credit or Bond, as applicable, shall be a default of this Agreement, entitling County to all available remedies. Each Letter of Credit provided hereunder or under any other Section or provision of this Agreement shall be provided by a financial institution of recognized standing authorized to do business in the State of Florida. Throughout the term of the Letter of Credit, the financial institution that has issued the Letter of Credit must have an office in Broward, Dade or Palm Beach County, Florida, at which the Letter of Credit may be presented for drawing down, and the financial institution must have been in business with a record of successful continuous operation for at least five: (5) years. Each letter of credit shall be in form and substance satisfactory to the County. Each Bond provided hereunder, or under any other Section or provision of the Agreement, shall be executed by a surety company of recognized standing authorized to do business in the State of Florida and having a resident agent in Broward County and having been in business with a record of successful continuous operation for at 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 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits A A-1 A-2, B, C and D are incorporated into and made a part of this Agreement. CAF#112.FRM (Rev. 6/19/97) -21- as t. 9.24. The County and Contractor hereby agree that effective f here#or oat to occur of: the date of execution of this Agreement by both part 1998, this Agreement shall supersede and terminate that certain agreement between the County and the Contr1995 and is�identified as Bid #D-03 95ision of security servicest03 24 hat s awarded by the Board on July 11, 9.25 QOUNTERPARTS This Agreement may be executed in up to five (5) counterparts, each of which shall be deemed to be an original. IN WITNESS WHEREOF, the parties BOARD OF COUNTY COMMISSIONERS, Agreement: BROWARD OUNTY through it signing b nd through' ha' or Vice Chair, authorized d WACKENHUT CORPORATION, on the ,�� day of 1 , signing by and throug s Vi President, duly authorized to execute same. COUNTY ATTEST: """'''•" Broward County AdMMis' gtpvv� ; n a: Ex-officio Clerk of th��eowi,,.A l tY _-; Board of County Co-jnmr4sjonei� •......... a Approved as to InsuraIce Requirements by p��,,,e�'" RISK MANAGEMENT DIVI8�i11'4 CAF#112.FRM (Rev. 6/19/97) BROWARD COUNTY, by and through its Board of County Commissioners ;.Approved as to form by ice of County Attorney Broward County, Florida SHARON L. CRUZ, Interim County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954, 357/-7641 Y Assistant County Attorney -22- AGREEMENT BETWEEN BK jWARD COUNTY AND WACKti SECURITY SERVICES CONTRACTOR JT CORPORATION FOR ACKENHUT CORPORATION By Drew Levine, Vice resident -`day Of �\._ , , 1998 (CORPORATE SEAL) 97-71.68 RLI #090297-RB C:\APPS\WP\DATA\WACKEN.AOO June 30, 1998 CAF#112.FRM (Rev. 6/19/97) -23- •• •. _ i ce.. c� i i i��� �. w�. i . L►"JLJCRUh�LC 7J't- 1 I 1-10`fJ -�.v 1 U: y�G�, TEMP. RESO. 9561 Joan Kimball F EXHIBIT 2 MIR! �'I I59. Andrews Avenue, Room 212 �-�Fott Lauderdale. FL 33301 RD COl1NTY (954) 357-6085 •FAX (1154) 86T-8333 April 25, 2001 To: WACXENHUT CORPORATYON Suite 303 6499 Powerline Road Ft. Lauderdale, FL. 33309-2U76 Pont-ir !lax Note 7671 o•a (A JQFs Do - TO Ff rn ooloepa CO. �}hdtUd - phGone 6 Z7( 5-W Phorm # 3 46 71 Fait le + Fox a 3 0 REFLRWCE: CONTRACT R@L4fRL 2099297RBO1 CONTRACT TITLE: PRICE AGAEZNMNT for 9ECUAITY SERVICES for the Aviation Department Doar Mr- Schira: He hereby accept youx written o=fer to renow the above referenced contract number. TrUs award is subject to all ta=w /eonditione contained in 'Cho above contract. This contract as renewed is in effect for the period beginning August 5, 2001 and ending hawast 4. 2002. A Copy of thie notice, is being forwarded to all applicable Using Agencies. Purchase Order(s) will be placed as and when required. Thank you far your intore0t in doing bveineea with Sroaard County. Sincerely, JOAN M. KIMBALL, Purchasing Agent, Purchasing Division eRawARD COUNTY BOARD of COUNTY GOMMISSION t8 - M " 00"M a W W of Seek e !!!!�ggX mW J► BMI awftr au ewK eu ougw K4P0n D. heel. auw < ghs Lwl NW a P.,bh JO- E Nis d JEWG A . too IPA r V1FIt OF w1 fie a 10M.wlt wsw. i J UL.-UO v-Il 11 : u f r KUI'1 : I Wl- r I . LHI IULKUHLt . , , SECURITY SYSTEMS AND SeRVICES THROUGHOUT THE WORL-D July 5, 2001 Broward County Facilities Utilizing Wackenhut Security Services To Whom It May Concern: THE WACKENHUT CORPORATION SUITE 303 6499 POWERLINE ROAO FORT LAUDERDALE FL 33309-2076 TELEPHONE: (954) 771-50o5 FAX: (954] 771-5408 The Contract between The Wackenhut Corporation and Broward County stipulates a billing increase effective August 51h, 2001. The increase is as follows: Class I Officers Old Rate $12.48 per hour New Rate 1$ 2.85 per hour Class II Officers Old Rate $14.54 per hour New Rate $14.98 per hour Class III Officers Old Rate $17.06 per hour New Rate $17.57 per hour Site Supervisor Old Rate $20.09 per hour New Rate $20.69 per hour Overtime Rate $18.72 Overtime Rate $19.28 Overtime Rate $21.81 Overtime Rate $22.47 Overtime Rate $25,59 Overtime Rate $26.35 Overtime Rate $30.14 Overtime Rate $31.04 On August 51h of 2002, the rates will again increase. Please renew our purchase orders as soon as possible in order to avoid lapse in payments or deductions from Broward County Accounting Department due to the rate change. If you have any questions or need additional information, please do not hesitate to call me. Thank you for your cooperation. Sinc rely, Kay M. Justice Administrative Assistant Professionalism With Integrity`"' -- -� +�• �� i- IWI, r I.LHUUtKUHLt 954-771-1845 T0:954 724 2408 PAGE:01 City of Tamarac Finance Department, Purchasing Division 7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401 Telephone: (954) 724-2450 Facsimile (954) 724-2408 Webalte: www.tomarac.org July 18, 2001 Mr. William B. Shira Wackenhut Corporation 6499 Powerline Road Fort Lauderdale, FL 33309-2076 Subject: Contract Renewal for 2001-2002 Security Services Dear Mr. Shira: TEMP. RESO. 9567 EXHIBIT 3 Broward County Contract #D090297RB01 for Security Services will expire August 5, 2000 and has been renewed by the County for the term August 5, 2001 through August 4, 2002. The renewal is based on all provisions under the original pricing, terms, conditions and specifications contained in the original County contract. Please advise if a one-year extension of the agreement between Wackenhut and the City of Tamarac, based on Broward County's contract, is acceptable to your company. Check the appropriate box in the area below and return this letter to the Purchasing Division no later than August 16'. If you have any questions, do not hesitate to call. Sincerely, ynda S. Flurry, PPO Purchasing and Contracts Manager -------------------------------------------------------------- I hereby agree to a one r ear extension of the subject con Y � tact. I am unable to pr vide a one-year extension of the subject contract. Signature/Title Date Equol Opportunity Employer TE ,�CaR©. CERTIFICATE OF LIABILITY INSURANCE DA6/22/2001`Y' PK000CER Serial #: A1578 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Ilion Risk Services, Inc. Of Florida HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO •BOX 019012 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Miami, FI 33101-9012 COMPANIES AFFORDING COVERAGE 11Art (305) 372-9950 COMPANY A American Home Assurance INSURED The Wackenhut Corporation COMPANY B National Union Fire Ins. Co. _ _ __ _ _ - -_ _ _ _ _. _ ---- -4"- - - / 4200 Wackenhut Drive, #100 COMPANY C Insurance Co. Of State Of PA Palm Beach Gardens, FL 33410 -- -__. _ -- _ COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY RMGL6123612 07/01/2001 07/01/2002 GENERAL AGGREGATE $ 5000000 A X COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG $ 5000000 CLAIMS MADE X OCCUR PERSONAL & ADV INJURY $ 5000000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ SOOOOOO X CONTRACTUAL/E&O FIRE DAMAGE (Anyone tire) $ XXXXXX X PROF. LIABILITY MED EXP (Anyone person) $ XXXXXX AUTOMOBILE LIABILITY RMCA5347954 07/01/2001 07/01/2002 COMBINED SINGLE LIMN $ � SOOOOOO A X ANY AUTO / RMCA5347955 X ALL OWNED AUTOS � ) BODILY INJURY � $ SCHEDULED AUTOS Vendor. (Per person) X HIRED AUTOS Date of Review'. BODILY INJURY Q,$ n -� `? — X NON -OWNED AUTOS Acceptable 1a (Per accident) PROPERTY DAMAGE Unt Acceptable ..► GARAGE LIABILITY Below) AUTO ONLY - EA ACCIDENT �$ - ANY AUTO 14ote Deficiencies OTHER THAN AUTO ONLY: w % EACH ACCIDENT $ % AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AWtf1 rile 19nature AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKER'S COMPENSATION AND WC5276993 (A) 07/01/2001 07/01 /2002TH- X WC S LIMITR O Y LWITATU- OS ER A EMPLOYERS' LIABILITY WC5276994 (A) EL EACH ACCIDENT $ 1000000 B THE PROPRIETOR/ X INCL WC5276995 (B) EL DISEASE - POLICY LIMIT $ 1000000 C PARTNERS/EXECUTIVE C OFFICERS ARE: EXCL WC5276996 � EL DISEASE - EA EMPLOYEE $ 1 OOOOOO OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES!SPECIAL ITEMS CONTRACT #D9029777RB01 PLEASE SEE ATTACHED CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF TAMARAC PUBLIC WORKS EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL FINANCE DEPARTMENT, PURCHASING DIVISION 90 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 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 PURCHASING AND CONTRACTS MANAGER AUTHORIZED REPR TATIV��ii ACORD 25-S (1/95) ©ACORD CORPORATION 1988 F'ACit l Ur 1 ENDORSEMENT This endorsement, effective 12:01 A.M. 07/01/01 forms a part of Policy No. GL 612-36-12 issued to THE WACKENHUT CORPORATION By AMERICAN HOME ASSURANCE COMPANY THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE COMMERCIAL GENERAL LIABILITY COVERAGE FORM ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT Section II - WHO IS AN INSURED IS AMENDED TO ADD: 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 that person or organization 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 that person or organization pursuant to said contract or agreement. 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. Thor ,tune 28, 2001 '6 BSST r! Ratings t3 Analysis Mews Publications Products & Services Insurance Information 0 About A.M. Bast f aGng SE ARCH Enter Company Name or A.M. Best Number .... More Search Options el Where in the world is A.M. aNOT4 "Find our locations What tl YO. tfry Send us your crments Accessing the pages on ambest.com constitutes the user's agreement to our terms of use; Information collected via this Web site is protected by our privacy statement; Comments or concerns should be directed to our customer service group; For other matters refer to our contact us page. Company merican Home Assurance Member of American International Group Inc A.M. Best #: 02034 NAIC #: 19380 View a list of group members or the group's rating Best's Rating A++ (Superior)" M BEST Financial Size Category XV ($2 billion or more) 'Ratings as of 612812001 11:56:58 AM E.S.T. Click for a free Best's Insurer Profile on this company, or purchase the complete Best's Company Report for in-depth analysis. Rating Category (Superior): Assigned to companies which have, on balance, superior financial strength operating performance and market profile when compared to the standards established by the A.M. Best Company These companies, in our opinion, have a very strong ability to meet their ongoing obligations to policyholders. Best's Ratings reflect our opinion based on a comprehensive quantitative an qualitative evaluation of a company's financial strength, operating performance an market profile. These ratings are not a warranty of an insurer's current or future abilit to meet its contractual obligations. (Best's Ratings are proprietary and may not b reproduced without permission from A.M. Best.) The rating symbols "A++", "A+", "A", "A- "B++", and "B+" are registered certification marks of the A.M. Best Company, Inc. Best's Security Icons are awarded to Secure rated (A++, A+, A, A-, B++, B+ companies. This special emblem displays their rating and category (Superior, Excellent or Very Good), helping you discern industry leaders at a glance. Insurance Companie interested in placing a Best's Security Icon on their web site are required to registe online. __rj--.-J--- - --- - -, No part of this report may be distributed in any electronic form or by any means, or stored in a database or retneN system, without the prior written permission of the A.M. Best Company. Refer to our terms of use for additional details. Thur. June 28, 2001 wirtbost.Com f: Ratings 8 Analysis if News Publications • Products & services • Insurance Information About A. W Best Ralting SEARCH Enter Company Name or A.M. Best Number More Search Options Where in the wodd l is A.M. NEST? Find our locations M&t d You W Send usyaur cments Accessing the pages on ambest.com constitutes the user's agreement to our terms of use; Information collected via this Web site is protected by our privacy statement; Comments or concerns should be directed to our customer service group; For other matters refer to our contact us page. 02351 - National Un I -Ire ins Pittsburgh, PA Member of American International Group A.M. Best #: 02351 NAIC #: 19445 View a list of group members or the group's rating Best's Rating M A++ (Superior)* BEST 1 Financial Size Category XV ($2 billion or more) *Ratings as of 6/28/2001 11:56:58 AM E.S.T. Click for a free Best's Insurer Profile on this company, or purchase the complete Best's Company Report for in-depth analysis. Rating Category (Superior): Assigned to companies which have, on balance, superior financial strength operating performance and market profile when compared to the standards established by the A.M. Best Company These companies, in our opinion, have a very strong ability to meet their ongoing obligations to policyholders. Best's Ratings reflect our opinion based on a comprehensive quantitative an qualitative evaluation of a company's financial strength, operating performance an market profile. These ratings are not a warranty of an insurer's current or future abilit to meet its contractual obligations. (Best's Ratings are proprietary and may not b reproduced without permission from A.M. Best.) The rating symbols "A++^, "A+", "A", "A-", "B++", and "B+" are registered certification marks of the A.M. Best Company, Inc. Best's Security Icons are awarded to Secure rated (A++, A+, A, A-, B++, B+ companies. This special emblem displays their rating and category (Superior, Excellent or Very Good), helping you discern industry leaders at a glance. Insurance Companie interested in placing a Best's Security Icon on their web site are required to registe online. Gopyrlgnt V zuu7 Dy A.M. tsesi t+Ompany, MU. MLL Mwn 1 J rXCJCr\ V w No part of this report may be distributed in any electronic form or by any means, or stored in a database or retries system, without the prior written permission of the A.M. Best Company. Refer to our terms of use for additional details. ambest.com • Ratings 8 Analysis. • News Publicaticns • Products t3 Services •I RATM • •9.129A N 1361-1 • Insurance Information s • About A.M. Best 02035 - Insurance Company of State of PA Rating SEARCH Enter Company Name Member of American International Group orA.M. Beat Number A.M. Best #: 02035 NAIC #: 19429 View a list of group members or the _group's rating Best's Rating More Search Options M BE A++ (Superior)* Financial Size Categ� ere '31111 XV ($2 billion or more) in the world is A.M. REST? *Ratings as of 6/28/2001 11:56:58 AM E.S.T. Find our locations Click for a free Best's Insurer Profile on this company, ., or purchase the complete Best's Company Report for in-depth analysis. . Wrier do yrou thirM Send us your Ci3rnments Rating Category (Superior): Assigned to companies which have, on balance, superior financial strength, operating performance and market profile when compared to the standards established by the A.MBest Company. These companies, in our opinion, have a very strong ability to meet their ongoing obligations to policyholders. Accessing the pages Best's Ratings reflect our opinion based on a comprehensive quantitative an on ambest.com qualitative evaluation of a company's financial strength, operating performance an constitutes the user's market profile. These ratings are not a warranty of an insurer's current or future abilit agreement to our terms of use; to meet its contractual obligations. Best's Ratings are proprietary and may not b g ( g p p' ry y Information collected reproduced without permission from A.M. Best.) via this Web site is protected by our privacy statement; The rating symbols "A++", "A+", "A", "A-", "B++", and "B+" Comments or concerns are registered certification marks of the A.M. Best Company, Inc. should be directed to our customer service group; For other Best's Security Icons are awarded to Secure rated (A++, A+, A, A-, B++, B+ matters refer to our companies. This special emblem displays their rating and category (Superior, Excellent contact us page. or Very Good), helping you discern Industry leaders at a glance. Insurance Companie interested in placing a Best's Security Icon on their web site are required to re iste online. No part of this report may be distributed in any electronic form or by any means, or stored in a database or retries system, without the prior written permission of the A.M. Best Company. Refer to our terms of use for additional details. AGREEMENT THIS AGREEMENT is entered into on ( Icy 2002 between the City of Tamarac, a municipal corporation with principal offices located at 7525 NW 88th Avenue, Tamarac, Florida 33321 ("the City") and Wackenhut Corporation, a Florida corporation with principal offices located at 6499 Powerline Road, Suite 303, Fort Lauderdale, Florida 33309-2076 (Contractor) for the purpose of providing security guard services to the City of Tamarac. The parties hereby agree to the following terms and conditions. In return for valuable consideration in an amount not to exceed $45,000 annually, Contractor shall comply with the terms and conditions within the Broward County Contract #090297RB attached hereto as Exhibit 1 and pursuant to Section 3.1 of said Agreement allowing for renewal of said Contract for three additional one-year periods. The City is exercising its second renewal option for the period beginning August 5, 2001 and ending August 4, 2002 as agreed to by Contractor as set forth in Exhibit 2. All terms and conditions of contract documents set forth in Exhibit 1 and Exhibit 2 are incorporated herein as if set forth in full. Upon execution of this Agreement, all references made to the Broward County Contract #090297RB in Exhibit 1 shall be interpreted as pertaining to Tamarac, and all terms and conditions of Exhibit 1 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." This agreement and Exhibit "1" constitute the entire agreement between the City and the Contractor, Wackenhut Corporation. Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. CITY City Manager City of Tamarac 7525 NW 88th Avenue Tamarac, FL 33321 With a copy to the City Attorney at the same address. CONTRACTOR Drew Levine, Vice President Wackenhut Corporation 6499 Powerline Road Suite 303 Fort Lauderdale, Florida 33309-2076 IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. The City of Tamarac, through its Mayor and Wackenhut Corporation through Drew Levine, its Vice President, duly authorized to execute same. ATTEST: Marion Swenson, CMC City Clerk Date: f o Y CITY OF TAMARAC By: oe Schreiber, Mayor Date: L4P '' !2, C2- By c� Jeffr4t Miller, City Manager Date: ��'- 9 2 form and legal . Kraft, CiK Attorney M "I/Date: ( 0 ATTEST: (Corporate Secretary Type/Print Name of Corporate Secy. (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF &c O : W CKENHUT COR ORATION By: (Authorized Signature Drew Levine, Vice President Type/Print Name of Authorized Officer Date:��-- ACKNOWLEDGEMENT :SS 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, Vice President of Wackenhut Corporation a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he executed the same. WITNESS my hand and official seal this _If_ day of !- , 2002. Signature of Notary Public Edward T. Farnan State of Florida at Large •,;�o ���o?.- Bonded 7aru Print, Type or Stamp Atlantic Bonding Co., Inc. 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.