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Agenda 12/14/2021 Item #16H 2 (Assumption Agreement for Contract #18-7429 to Universal Protection Services, LLC d/b/a Allied Universal Security Services, LLC)12/14/2021 16.H.2 EXECUTIVE SUMMARY Recommendation to approve an Assumption Agreement assigning all rights, duties and benefits, and obligations to Universal Protection Service, LLC d/b/a Allied Universal Security Services LLC. concerning Agreement #18-7429 "Security Services." OBJECTIVE: To ensure continued security services to Collier County property, the public and County personnel. CONSIDERATIONS: On January 22, 2019 (Agenda Item No. 1 LD), the County entered into Agreement #18-7429 "Security Services," ("Agreement") with G4S Secure Solutions (USA) Inc., for security services to County Courthouse and other County maintained building, to ensure the safety of the public, building personnel, including State and federal officials. Universal Protection Service, LLC d/b/a Allied Universal Security Services, LLC ("Allied Universal"), through the execution of an Assignment and Assumption Agreement dated October 8,2021, represents, and warrants to the County that Allied Universal is now the successor in interest to Agreement #18-7429 with the County. Staff obtained documentation of the acquisition, along with other necessary business documents from Allied Universal, which have been reviewed and accepted by the County Attorney's Office. Staff is recommending approval of the attached Assumption Agreement with Universal Protection Service, LLC d/b/a Allied Universal Security Services, LLC., assigning all rights, duties, benefits, and obligations under Agreement, including any amendments thereto. FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To approve an Assumption Agreement assigning all rights, duties and benefits and obligations to Universal Protection Service, LLC d/b/a Allied Universal Security Services, LLC under Agreement #18-7429, "Security Services," and authorize the Chair to sign the attached Agreement. Prepared by: Priscilla Doria, Procurement Strategist, Procurement Services Division ATTACHMENT(S) 1. 18-7429 Assumption Agreement CAO Vendor Signed (PDF) 2. Business Documents -Combined (PDF) 3. 18-7429 G4S SecureSolutions Amend#1 FullyExecuted(PDF) 4. 18-7429 - Fully Signed Amendment #2- (PDF) 5. COI Allied Universal Insurance Certificate (PDF) Packet Pg. 2207 16.H.2 12/14/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.H.2 Doe ID: 20788 Item Summary: Recommendation to approve an Assumption Agreement assigning all rights, duties and benefits, and obligations to Universal Protection Service, LLC d/b/a Allied Universal Security Services LLC. concerning Agreement #18-7429 "Security Services." Meeting Date: 12/14/2021 Prepared by: Title: — Procurement Services Name: Priscilla Doria 12/08/2021 11:21 AM Submitted by: Title: Manager - Procurement — Procurement Services Name: Sandra Herrera 12/08/2021 11:21 AM Approved By: Review: Procurement Services Agenda Clerk Preview Procurement Services County Attorney's Office County Attorney's Office Office of Management and Budget County Attorney's Office County Manager's Office Board of County Commissioners Vanessa Miguel Level 1 Purchasing Gatekeeper Geoffrey Willig Agenda Clerk Preview Sandra Herrera Director Review Geoffrey Willig Level 2 Attorney Review Scott Teach Additional Reviewer Geoffrey Willig Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Mark Isackson Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 12/08/2021 11:28 AM Skipped 12/08/2021 11:55 AM Completed 12/08/2021 11:56 AM Skipped 12/08/2021 11:56 AM Completed 12/08/2021 1:02 PM Skipped 12/08/2021 11:54 AM Completed 12/08/2021 3:14 PM Completed 12/08/2021 3:18 PM 12/14/2021 9:00 AM Packet Pg. 2208 16. H.2.a ASSUMPTION AGREEMENT This Assumption Agreement is made and entered into on this of , 20 by Universal Protection Service, LLC d/b/a Allied Universal Security Services LLC. ("Allied Universal" or "Contractor") and Collier County, a political subdivision of the State of Florida (the "County")(collectively, the "Parties"). WHEREAS, on January 22, 2019 (Agenda Item No. I LD), the County entered into Agreement #18-7429, "Security Services," with G4S Secure Solutions (USA) Inc., (hereinafter referred to as the "Agreement" together with Amendments to the Agreement attached hereto as Exhibit "A"); and WHEREAS, ALLIED UNIVERSAL represents and warrants to the County that through a purchase acquisition, ALLIED UNIVERSAL is now the successor in interest to the Agreement with the County (see Assignment and Assumption Agreement, attached as Exhibit "B"); and NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the Parties, it is agreed as follows: 1. ALLIED UNIVERSAL accepts and assumes all rights, duties, benefits, and obligations of the Contractor under the Agreement, as amended, including all existing and future obligations to pay and perform under the Agreement. 2. ALLIED UNIVERSAL will promptly deliver to County evidence of insurance consistent with the requirements of the Agreement. 3. Notices required under the Agreement to be sent to ALLIED UNIVERSAL shall be directed to: Principal Address: Universal Protection Service, LLC d/b/a Allied Universal Security Services LLC. 1551 N. Tustin Avenue, #650 Santa Ana, CA 92705 Local Address: 13461 Parker Commons Blvd, Suite 200 Fort Myers, Florida 33912 Attention: William "Bill" Cramer Main Phone: (941) 266-9499 Email: William.C;ramermaus.com 4. Further supplements to, or modifications of, the Agreement shall be approved in writing by both Parties. Page 1 of 3 Assumption to Agreement #18-7429 "Security Services" a CAO Packet Pg. 2209 16.H.2.a 5. The County hereby consents to ALLIED UNIVERSAL assumption of the Agreement in order to continue the services provided under Agreement #18-7429. No waivers of performance or extensions of time to perform are granted or authorized. The County will treat ALLIED UNIVERSAL as the Contractor for all purposes under the Agreement. 6. Except as provided herein, all other terms and conditions of the Agreement, as amended, remain in full force and effect. IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption Agreement effective as of the date first above written by an authorized person or agent. ATTEST: Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller MIE , Deputy Clerk Approved as to form and legality: Print Name/Title BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PENNY TAYLOR, Chair Page 2 of 3 Assumption to Agreement #18-7429 "Security Services" a CAS Packet Pg. 2210 16.H.2.a Contractor's Witnesses: itness Signature Print/Type witn�iamS. -� witness name Universal Protection Service, LLC d/b/a Allied Universal Security Services C. By: 'ignature Print/Type Name Title Page 3 of 3 Assumption to Agreement #18-7429 "Security Services" OCAO a Packet Pg. 2211 16.H.2.a Exhibit A co co ti 0 N C L 0 0 Q U r c a� E 0 0 L Q 0 Q E 3 N N a N ti co T- C d E t V R r a nx® Packet Pg. 2212 16.H.2.a FIXED TERM SERVICE AGREEMENT # 18-7429 for SECURITY SERVICES THIS AGREEMENT, made and entered into on this �. day of ]jncu ..20)2L, by and between G4S Secure Solutions USA Inc. J, authorized to do business in the State of Florida, whose business address is 13461 Parker Commons Boulevard Suite #200 Fort Myers,, Florida 33901 (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITN9S—SE TH: AGREEMENT TERM. The Agreement shall be for a three (3 } year period, commencing ❑ upon the date of Board approval or ❑ on and terminating on three (.�j year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2_____) additional one (1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES, The Contractor shall commence the work upon issuance of a 0 Purchase Order ❑ Notiee•-to-Preceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ Request for Proposal (RFP) ❑ invitatilen-to--Sid- lTB) ❑ Other ( ) # 18-7429 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ❑ The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. page 1 of 17 Fixed Term Service Agreement 42017-002 (Ver.1) aD in 0 0 a U r E aD ;v a� Q _ 0 a N a N ti 00 T- El < Packet Pg. 2213 16.H.2.a 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 4, THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): F-1 I=ump Sum (Fixed PFiGG)� A fipm fixed -total priGe offering W a "e0t; tHe FISKS are eet ma rut ;aid 0 Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 0 Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. Page 2 of 17 Fixed Term Service Agreement N2017-002 (Ver. t ) Packet Pg. 2214 16.H.2.a 4A ❑ ale! �1 raver �eim��r as ale-€ ta"&G Tavel -a � - - Aetual j Aetu&l oa -ef e-meM4haA4469:8D- "ht Actual -salt aici-er-, cart-�lr +ousiae —Antral-Bost-o ei#k�er ta�c+-er-alr or# #1 sU-Sine Rei +rtsable iteffis etheF4han4ayel-LWenses-shall one len6-d#s#anGe GhaFges, seal es -ate pestag mbum le ire w4kbe•-paid-on 'ded-alle feep d-expmses ass^slat URde#a-1% mePA 5. SALES TAX, Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85.8016966531 C, 6, NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emalled to the Contractor at the following: Company Name: G4S Secure Solutions USA Inc. Address; 13461 Parker Commons Boulevard, Suite 200 Fort Myers, Florida 33901 -- Authorized Agent: John D'A ata, Senior Vice President Attention Name & Title: Leonardo Montufar, District Manager Telephone: 239.768-0808 E-Mail(s): Leonardo. Mont uFar Far(a) . 4s cam All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Page 3 of 17 Fixed Tcrai ScrVice Agreement if2617-092 (Var.]) Packet Pg. 2215 16.H.2.a Board of County Commissioners for Collier County, Florida Division Name: Facilities Mana meat Division Division Director: Damon Grant Address: 3335 Tamiami Trail East Naples, Florida 34112 Administrative Agent/PM: Miguel Carballo Manager Facilities & Security Telephone: 239-252-8380 E-Mail(s): Mi uel.Carballo colliercount fl. ov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8, PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County, All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9, NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County, Page A of 17 Fixed Term Service Agreement #2017-002 (Ver.1) Y 0 Packet Pg. 2216 16.H.2.a 10, TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice, The County shall be sole judge of the non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11'. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A, 0 Commercial General Liability: Coverage shall have minimum limits of $1,0001000 Per Occurrence, $ 2,000,000 _ aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. © Business Auto Liabillt : Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. FW Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $ 1,000,000 _ for each accident. G,, y4he--Center F te-ensure-'its -legal elalm and aggregate. Z- ❑ F, [*Employee Dishonesty, including Theft of Property of Others: C minimum limits of $1,000,000 per claim. Page 5 of 17 Fixed Term Service Agreement M17-002 (Ve€.1) G C� O Packet Pg. 2217 16.H.2.a Special Requirements:' Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy $,hall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13, INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals` fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph, This section does not pertain to any incident arising from the sole negligence of Collier County. 13A The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. Page 6 of 17 Fixed Term Service Agreement 42017-002 (Ver. E) c Packet Pg. 2218 16.H.2.a 14. AGREEMENT ADMINISTRATION, This Agreement shall be administered on behalf of The County by the Facilities Manaciement Division 15, CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16, COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), Q Exhibit A Scope of Services, Exhibit S Fee Schedule, © RFP/ ❑ ❑ Gthei # 18-7429, including Exhibits, Attachments and Addenda/Addendum, ❑ subsequent quotes, and ❑ GtheF ExhibiYAttaGhmems: 17, APPLICABILITY. Sections corresponding to any checked box { ■) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19, PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: Page 7 of 17 Fixed Term Service Agreement #2017-002 (Ver.1) Packet Pg. 2219 16.H.2.a IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1, Keep and maintain public records required by the public agency to perform the service, 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency, 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. Page 8 of 17 Fixed Tenn Service Agreement #2017-002 (Ver, l ) & Packet Pg. 2220 16.H.2.a 22, PAYMENTS WITHHELD, The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections, The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. - - 24. STANDARDS OF CONDUCT: PROJECT MANAGER SUPERVISOR EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. ❑ WARRANTY, - i C � MINMENAM- Page 9 of 17 COP Fixed Term Service AgreementN2017-Oo2 (Ver.1) Packet Pg. 2221 16.H.2.a �.r.�rars TESTS AND 1NISPEGTIGNISS. If the Gentraet GUM GentmateF ehall assume full Fespensibility therefore. Gen ne et! On- therewith inspeetions, Itests OF app"evals shall be performed ..In a manner- and by n5 27. ❑ PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 2& SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials form specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally, Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. Page 10 of 17 Fixed 'rerm Service Agreement 112017-002 (Ver.1) W Packet Pg. 2222 16.H.2.a 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMSISERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures, 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44,102, Fla, Stat. 33, VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. E] KEY PERSONNEL. The Contractor's personnel and management to be utilized for th� fig f t "a .�Yr nII-Rc" 7�'nTG � ,.1ei# i and eaGh R assigned shall be a-vailable fef an ameunt of time adequate4e-fn et the Fequlrac�'� dates. The GOAtFaGtOF-Shall not ehange Key Personnel unless the following eanditione, n sar-n�-re of better qu'a'l'ifi.GatiGAG Th uny FWJ AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. Page 11 of 17 O Fixed Tenn Service Agreement #2017-002 (Ver.l) G� Packet Pg. 2223 16.H.2.a 35. FN� ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. - - - - ._ _ _Z3.Mimi - - - .. - - 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. if Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37, SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs, If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliiergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. Page 12 of 17 Fixed Term Service Agreement #2017.002 (Ver.1) Cep Packet Pg. 2224 16.H.2.a 38. 0 SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or properly within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property, Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (intentionally left blank -signature page to follow) Page 13 of 17 Fixed Term Service Agreement #2017-002 (Ver.l ) GAO Packet Pg. 2225 16.H.2.a IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST; Crya#ai K i�inzel, CIe < of Courts & C tt'q ler sB "Dated.:` d , r�,ci lO�lall'l)lall r 5 Contractor's Witnesses: r� Contractor's First Witness �49 C1, 0 _ 11c; (Type/print witness nameT cj4iz) Ad c 4 Contractor's Second Witness TTy 6e/print witne nameT "pro—\?ed as tr a legality: County Attorney Print ame BOARD OF COUNTY COMMISSIONERS COLLIER CCOU , LQR'iDA By, W, t cDaniel, Jr., Cha man G4S Secure Solutions USA Inc. Contractor By; Z' Sig a re �Cfz Via- /�s TTvD rint ianature and til Pogo 14 of 17 VNed Term Service Agreemelit 112017.002 (Vert 1) � Packet Pg. 2226 16.H.2.a Exhibit A Scope of Services Q following this page (containing 12 pages) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Agreement #2017-002 (yer. i Packet Pg. 2227 16.H.2.a RFP# 18-7429-Security Services SCOPE OF SERVICES The Scope of Services will establish requirements for Security Services for Collier County from a qualified company. The following outlines Collier County's general objectives in regard to the daily scope of work and expectations in regard to security officer's conduct and appearance. Collier County reserves the right to remove any officer from duty, on a temporary or permanent basis without cause, Compliance with the County's Standard Operating Procedures Manual. The Facilities Management Division's ("Division") "Security Standard Operating Procedures Manual" (SOP) will be incorporated by reference and deemed exempt from public records. The Contractor will be responsible for insuring that all of the rules, procedures, and policies within the SOP are followed. The Contractor will be required to sign a confidentially agreement as applicable and directed by the County's Facilities Director or designee, as the referenced document is exempt from public records. The Contractor will not make copies of this document and will return each document to the Division. competencV of Contractor The Contractor must meet the following minimum requirements: A. Contractor shall have a minimum of five thousand (5,000) weekly hours of service in Collier, Lee, Broward, and Dade Counties or surrounding counties within a forty (40) mile radius and shall have a minimum of one (1) contract within these counties with a minimum of one thousand (1,000) hours per week of continual service and shall have maintained this level of service for a duration not less than thirty-six (36) consecutive months immediately prior to the date of the Request for Proposal (RFP) #18- 7429. 8. Contractor must have experience providing the same levels of service required in the RFP with regard to the qualifications of the officers. This experience must have been permanent service, for more than twenty-four (24) consecutive months and this information must be verified. C. Contractor must have an in-house training department, licensed by the State of Florida, capable of providing the necessary training outlined and required by the RFP within their operating office. D. Contractor must demonstrate the ability to provide continuous and uninterrupted security service in the event of a natural disaster. E. Contractor must currently provide the same levels of service required in the RFP to similar type agencies and supply evidence that they have provided this service for a. minimum of three (3) consecutive years. All personnel assigned to this Contract must meet the following minimum requirements: fifty (50) full- time security officers currently working for their company in Lee andlor Collier County. Contractor's Responsibilities It shall be understood and agreed that any and all services, materials and equipment shall comply fully with all Local, State and Federal laws and regulations. C1111 The Contractor, as well as Contractor's employees or other representatives, including all sub -contractors Page 1 of 12 Packet Pg. 2228 16.H.2.a at every tier (including vendors, repair persons and/or delivery individuals) who will have physical access to County facilities or locations related to security or public safety shall be required to comply with the fingerprinting and background checks, In these instances, all new formal competitive County solicitations (e.g.; bid invitations and requests for proposals) and contracts shall include a clause that mandates fingerprinting and background checks performed by County Security Section staff and paid for by the Contractor or sub -contractor, etc., as the case may be. The clause shall mandate that the contractor in privity with the County shall be responsible to ensure that these requirements are complied with at all lower tiers associated with the project. To the greatest extent possible, the results of these background checks should be on file in the Security Section files prior to the commencement of work. Fixed Hourly Rates Billing for services rendered will be based on the rates outlined in Exhibit B-Fee Schedule. Thefixed hourly rates shall contain all charges, including wages,and benefits paid to all Contractor personnel. There may be additional charges to the County for additional training and/or equipment and/or supplies, pursuant to Exhibit B-Fee Schedule and as requested by the County. The County reserves the right to be able to adjust the hourly billing rates in order to attract and retain the highest quality personnel. This will allow the County to take into account other economic conditions and remain competitive with other security projects in the geographical area. In any case all changes to hourly rate will be in writing by the County's Facilities Management Director or his designee and processed by a formal written amendment to this Agreement. The County may at its sole discretion provide an annual cost of living adjustment to the Contract and processed by a formal written amendment to this Agreement. The intent of this clause is that the officers benefit from this increase. Public Relations An important aspect of security duties involves public relations. The security officer is usually the first person contacted by visitors. The impression created by the officer in the performance of the officer's duties has a direct bearing on an initial opinion formed of Collier County Government. It is the officer's responsibility to ensure that this impression is highly favorable. The officer's actions will be firm and determined, yet polite in all dealings with staff, visitors, and other persons. A cheerful "Good morning", or "Good evening", in greeting visitors sets a favorable impression of officer performance. Courtesy and tact are essential in dealing with Collier County staff, visitors, vendors, contractors, and all other persons Collier County. Holidays The County observes the following holidays and may not require coverage or the same amount of coverage from security personnel: New Year's Martin Luther King President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Page 2 of 12 9 Packet Pg. 2229 16.H.2.a Day after Thanksgiving Christmas Day Day after Christmas The Contractor will pay employees at a rate of time and one half for working any County observed holiday. The Contractor will invoice the County at a rate of time and one half. Recruitment & Selection The following guidelines must be used by the Contractor in the selection of personnel to be assigned to the Collier County designated facilities, posts or details. After a potential hire is processed through selection as stated below, the individual shall be made available to a Collier County authorized representative for interview and evaluation prior to being assigned a post or assignment. The documentation concerning screening/selection should be made available to Collier County at this time. The final decision as to acceptability of any person for assignment will rest with the Facilities Management Director or designee. All officers must be fingerprinted, and background checked by County's Facilities Management staff at the Contractor's expense, at the beginning and continuously throughout the contract period (currently, every 5 years or as directed). Any costs incurred will be deducted from the Contractor's monthly invoice. Any arrests of any of the Contractor's officers working for Collier County Government must be reported to the County's Facilities Management Director or his designee immediately. Officer Certification The Contractor will provide the County's Contract Officer with annual written proof of each officer's valid State of Florida Security licenses (D&G) and CPR/AED certifications (American Heart or American Red Cross). Wage Determination & Benefits The Contractor shall provide officers according to the following categories as assigned to this Contract and must meet the following minimum requirements. The Contractor will provide the County with a fixed Contractor mark-up for each category for the duration of the contract, as provided Exhibit B to this Agreement, CONTRACTOR'S PROGRAM MANAGER The Contractor's Program Manager (Program Manager) is required to ensure understanding of, and compliance with, the following in regard to courtesy, knowledge, training and responsibilities of subordinates. The performance of work will be in compliance with the schedule of posts/hours and the Post Orders/Emergency Response Procedures. Additional directives may be established at any time during the contract period. The Program Manager or his /her designee will also conduct professional investigations as part of his / there assigned duties. More extensive duties (as directed by the County's Contract Officer) may be assigned by the County's Contract Officer as an additional service at an additional cost pursuant to the fees outlined in Exhibit B- Fee Schedule to the County. Conducts building / plant surveys. The Program Manager is responsible for the administrative functions associated with overseeing the continuing implementation of measures designed for the safety and security of the Collier County Government Security Contract, C4C Page 3 of 12 Packet Pg. 2230 16.H.2.a The following duties are normal for this position which reports directly to the County's Facilities Management Director or his designee. These are not to be construed as exclusive or all inclusive. Other duties may be required and assigned. This position is a salariedlexempt position. These duties are at the discretion of the County's Facilities Management Director or his/her designee and on behalf of the County. • Ensures Division (Facilities Management Division) compliance with applicable codes, laws, rules, regulations, standards, policies and procedures; initiates any actions necessary to correct deviations or violations. • Consults with assigned staff to review work requirements, status, and problems; assists with complex or problem situations; provides direction, advice, and technical expertise. • Develops/implements policies and procedures as required; initiates emergency procedures as warranted. • Reviews operational problems and recommends changes in procedures and programs. • Investigates unusual occurrences when needed and ensures proper documentation. • Reviews logs, incident reports, and other documentation prepared by subordinate staff. • Processes a variety of documentation associated with County's Division operations, per established procedures and within designated time frames; distributes documentation or retains records as appropriate. • Communicates with Client, employees, other departments, law enforcement personnel, court officials, outside agencies and other individuals as needed to coordinate work activities. • Oversees the fingerprinting and criminal history checks in accordance with the existing Collier County Ordinance. • Maintains liaison with the Collier County Sheriffs Bureau on matters of mutual concern. • Monitors the annual Security Budget and maintain spreadsheet showing all contract security expenses by detail or post. Maintains a monthly incident report overview and send to Facilities Management Director. • Provides security for Collier County functions that have not been budgeted for. • Conducts internal investigations as requested, • Conducts security audits, site inspections as requested. • Maintains spreadsheets showing number of persons visiting County buildings and number of prohibited persons held at various checkpoints. • Performs other related duties as required by the Director of Facilities Management. • Review construction plans and make security recommendations as requested. • Works with building occupants to determine security needs. • Coordinates with vendors on security systems to be installed. • Attends meetings; serves on committees or boards as needed. • Provides monthly AED and Assistance Box inspections with existing staff • Manages the County's Background checks (fingerprinting) program as directed by the County's Contract Officer. CONTRACTOR'S ASSISTANT PROGRAM MANAGER Assists the Program Manager as directed. May relieve the Program Manager as needed. The following duties are normal for this position. These are not to be construed as exclusive or all inclusive. Other duties may be required and assigned. • Training: The County may, at its expense, secure within the scope of the Contract, the services of an Assistant Program Manager in charge of training. This is in addition to any other training clauses addressed within this Contract. • Oversees Executive Protection • Provides monthly AED and Assistance Box inspections with existing staff • Investigates unusual occurrences when needed and ensures proper documentation Page 4 of 12 Packet Pg. 2231 16.H.2.a • Conducts internal investigations as requested, • Conducts security audits, site inspections as requested • Works with building occupants to determine security needs CONTRACTOR'S OPERATIONS SUPERVISOR Assists the Program Manager as directed. May relieve the Program Manager as needed. The Operations Supervisor is responsible for the operational work functions associated with overseeing the continuing implementation of measures designed for the safety and security of the Collier County Government Campuses, The following duties are normal for this position. These are not to be construed as exclusive or all inclusive. Other duties may be required and assigned. • Supervises, directs, and evaluates assigned staff, processing employee concerns and problems, directing work, counseling, disciplining, and completing employee performance appraisals. • Coordinates daily work activities; organizes and prioritizes workload; prepares work schedules to ensure adequate coverage; maintains attendance records; makes work assignments; monitors statues of work in progress; inspects completed work; troubleshoots problem situations. • Ensures adherence to established safety procedures; monitors work environment and use of safety equipment to ensure safety of employees and other individuals. • Maintains records pertaining to employee attendance and reviews time sheets for shift personnel, Reviews operational problems and recommends changes in procedures and programs. • Investigates injuries, incidents, grievances, complaints, or allegations made by/about staff; initiates problem resolution; adjusts employee grievances in accordance with policy, Interprets and enforces public safety rules, regulations and procedures; maintains a secure and peaceful environment on the campus, • Supervises completion of applicable forms, securing of lost property and explaining of campus rules, regulations and procedures. • Ensures availability of adequate equipment and supplies; initiates requests for new or replacement items. Communicates via telephone and /or two-way radio; provides information and assistance; takes and relays messages; responds to requests for service or assistance. • Operates a computer to enter, retrieve, review or modify data; verifies accuracy or entered data and make corrections as appropriate; utilizes word processing, spreadsheet, database, desktop publishing, e-mail or other software programs) CONTRACTOR'S POST SUPERVISOR The Post Supervisor is responsible for daily operations associated with overseeing the continuing implementation of measures designed for the safety and security of the Collier County Government Security Contract. • Supervises, directs, and evaluates assigned staff, processing employee concerns and problems, directing work, counseling, disciplining, and completing employee performance appraisals. • Coordinates daily work activities; organizes and prioritizes workload; prepares work schedules to ensure adequate coverage; maintains attendance records; makes work assignments; monitors status of work in progress; inspects completed work; troubleshoots problem situations, • Ensures compliance with all applicable codes, laws, rules, regulations, standards, policies and procedures; initiates any actions necessary to correct deviations or violations. • Ensures adherence to established safety procedures; monitors work environment and use of safety equipment to ensure safety of employees and other individuals. cA Page 5 of 12 Packet Pg. 2232 16.H.2.a • Consults with assigned staff to review work requirements, status, and problems; assists with complex or problem situations; provides direction, advice, and technical expertise. • Maintains records pertaining to employee attendance, available vacation/sick benefits, and other personnel/payroll issues; reviews/approves time sheets for shift personnel. • Conducts training for subordinates in methods and techniques used in the administration of government security; conducts emergency drills; conducts roll calls; ensures that in-service training is presented and properly documented. • Developslimplements policies and procedures as required; initiates emergency procedures as warranted, • Reviews operational problems and recommends changes in procedures and programs. • Assumes responsibilities of command officer in emergency situations for the Facilities Management Divisions, • Investigates injuries, incidents, grievances, complaints, or allegations made by/about staff; initiates problem resolution; adjusts employee grievances in accordance with policy. • Coordinates scheduled activities on the campus. CONTRACTOR'S SECURITY OFFICER Former law enforcement experience, retired career military, military elite forces, police academy training, criminal justice degree or other degrees as approved by the County's Contract Officer, Other backgrounds with the approval of the County's Contract Officer. Clinical drug test and physical examination. • MMPI Psychological test. • Integrity test. • 7-year prior employer check. • Out -of -State criminal records check (back to the age of 18). • Neighborhood Canvas performed by a State of Florida licensed investigator. • Driver's license check. • Credit check. • Personal Reference check, • FDLE / FBI Criminal check. CONTRACTOR'S EXECUTIVE PROTECTION OFFICER • Former law enforcement experience, retired career military, military elite forces, police academy training, criminal justice degree or other degrees as approved by the County's Contract Officer. Other backgrounds with the approval of the County's Contract Officer. • Clinical drug test and physical examination. • MMPI Psychological test. • Integrity test, 7-year prior employer check. Out -of -State criminal records check (back to the age of 18). • Neighborhood Canvas performed by a State of Florida licensed investigator. • Driver's license check. • Credit check. • Personal Reference check. • FDLE / FBI Criminal check. • Must be able to ass a modified Cooper Age and Gender Base Standards or US Secret Service Physical Agility Test. • Must attend all training provided by both the Contractor and the County. Page 6 of 12 Packet Pg. 2233 1ti.H.2.a Executive Protection Officers will be paid an additional $5.00 per hour In addition to their regular rate while on the detail and 1.5 hours for travel. Overtime is paid if appropriate in addition to the $5.00 per hour detail deferential. The Contractor shall provide a benefit package for each officer, including medical benefits with a significant portion of the cost must be paid by the Contractor. A summary of these benefits and cost to the officers must be detailed in the proposal submitted to the County's RFPThese benefits will be maintained through- out the term of the Contract. Contractor must contribute to more than 50% of the premium for employee only health insurance benefits (AHC compliant), Spouse or dependent health insurance coverage and 401 K benefits must be offered, but there is no minimum contribution set forth for the Contractor. The County anticipates adding positions as needed. not specifically identified within this Agreement or County's RFP. The Contractor will submit percentage make -ups as provided for in Exhibit B-Fee Schedule. The Facilities Management Director may approve in writing and with the approval of the Procurement Servicesadditional wages for extraordinary circumstances and/or additional assignments or general or individual salary and or hourly rate adjustments. Overtime Coverage A. The County shall be invoiced for overtime incurred per the Overtime Rate as defined in the Exhibit B-Fee Schedule. B. New Assignments with less than 24-hour notice - The County will attempt to give reasonable notice to the Contractor of any new assignments. C. The County's Contract Officer may approve overtime charges based on Exhibit B-Fee Schedule for new or additional assignments / details. D. Overtime charges may be approved during natural or manmade disasters with the approval of the County's Contract Officer. Posts / Weekly Hours The following is a summary of the post assignments and hours which will be'required for Collier County. The Contractor will develop recommendations for coverage after conducting an analysis of the security needs. The number of officers and hours are at the discretion of the County's Security Director or their designee. Typical positions and hours include but are not limited to: Salary/ Posts Position Hourly Weekly Hours Administration Program Manager Salary 40 7:00 AM to 3:30 PM Assistant Program Administration Manager Salary 40 7:30 AM to 4:30 PM Courthouse Operations Supervisor Salary 40 6:30 AM to 3:00 PM Courthouse Post Supervisor Hourly 40 5:00 AM to 1:00 PM Courthouse Post Supervisor Hourly 40 1:00 PM to 9:00 PM Courthouse Officer Hourly 40 8:00 AM to 4:00 PM Page 7 of 12 T0. Packet Pg. 2234 16.H.2.a Courthouse Officer Hourly 40 7:00 AM to 3:00 PM Courthouse Officer Hourly 40 7:00 AM to 3:00 PM Courthouse Officer Hourly 40 7:30 AM to 3:30 PM Courthouse Officer Hourly 40 7:30 AM to 3:30 PM Courthouse Officer Hourly 40 1:00 PM to 9.00 PM Courthouse Officer Hourly 40 1:00 PM to 9:00 PM Courthouse Officer' Hourly 40 1:00 PM to 9:00 PM Courthouse Sat AM Officer Hourly 4 8:00 AM to 12:00 PM Courthouse Sun AM Officer Hourly 4 8:00 AM to 12;00 PM Courthouse Annex Officer Hourly 50 7:30 AM to 5:30 PM Courthouse Annex (optional) Officer Hourly 50 7:30 AM to 5:30 PM Admin Building (F) Post Supervisor Hourly 50 7:00 AM to 5:00 PM Admin Building (F) Officer Hourly 40 6:15 AM to 3:00 PM Admin Building (F) Officer Hourly 40 7:00 AM to 3:00 PM Admin Building (F) Officer Hourly 30 3:00 PM to 9:00 PM Admin Building (F) Officer Hourly 30 3:00 PM to 9:00 PM Health Building Lobby Officer Hourly 50 7:30 AM to 5:30 PM Health Building 3rd Fl Officer Hourly 45 8:00 AM to 5:00 PM Imm Gov't Center Officer Hourly 47.5 7:45 AM to 5:15 PM North County rover Officer Hourly 40 8:00 AM to 4:00 PM South County rover Officer Hourly 40 8:00 AM to 4:00 PM Emerg Ser Center Officer Hourly 40. 8:00 AM to 5:00 PM Desk - Operations Center Officer Hourly 40 8:00 AM to 5:00 PM Operations Center Officer Hourly Ops - 40 4:00 PM to 12:00 AM Operations Center Officer Hourly Ops - 40 12:00 AM to 8:00 AM Evening Patrol Officer Hourly 15 9:00 PM to 12:00 AM Evening Patrol Officer Hourly 15 9:00 PM to 12:00 AM Public Utilities PUD Supervisor Officer Hourly 40 4:00 PM to 12:00 AM PUD Patrol Officer Hourly 40 Varies PUD Patrol Officer Hourly 40 Varies Plant Officer Officer Hourly 40 7:00 AM to 3:00 PM Plant Officer Officer Hourly 40 7:00 AM to 3:00 PM Plant Officer Officer Hourly 40 7:00 AM to 3:00 PM Plant Officer Officer Hourly 40 7:00 AM to 3:00 PM All posts and hours will be adjusted as needed throughout the Contract period. Posts .requiring armed guards will be paid for the G license, posts not requiring armed will be paid at a D license rate. Meals and L.od in in the event that the Emergency Operation Center is activated due to a natural or manmade disaster, the security staff may become imbedded with County Staff. In this event, at the sole discretion of the County's Contract Officer, the County may elect to feed and/or house the Contractor's personnel at the County's expense. Page 8 of 12 cn� a Packet Pg. 2235 16.H.2.a All Contractor employees are required to display the needed qualities of honesty, alertness, loyalty and intelligence which are essential for the efficient performance of security duties at all times while on duty. County may request selected individuals of the Contractor to work special details, especially when a particular shill set and/or personality are required for the assignment. Habits: A dignified bearing will be maintained on duty at all times. Tobacco use and gum chewing while on post is prohibited. Tobacco use is prohibited throughout the site by any Security Officers or Representatives while on duty. Discipline: Prompt and willing obedience to all orders of the designated Collier County Representative is required at all times. Uniform and Appearance: Uniforms will be provided to each officer by the Contractor, at no cost to the employee or the County. New uniforms shall be issued without deposit. Replacements shall be provided when necessary and/or as directed by Collier County. Replacements should be provided when normal wear and/or extraordinary duty causes uniform to cease to produce a positive professional appearance. However, the proper care and maintenance of the uniforms and equipment is the responsibility of each individual and reasonable standards of neatness will be maintained at all times. The County must approve any uniform worn on County sites and details. The position of Contractor's Program Manager will wear a business suit each day or as directed by the County's Contract Officer. The uniform will be Kept clean, in good repair, and pressed. Shoes will be kept neatly polished. The complete prescribed uniform and equipment will be worn while on duty. Identification Cards: All officers, regardless of rank will carry on their person and be fully visible at all times and ID card provided by the County in addition to any other requirements made by their employer or the State of Florida. Lost or stolen badges will be reported immediately to the County's Facilities Management Division Director or Manager. An employee who separates from the Account must return the badge issued to him/her. Employees are personally responsible for the loss or willful damage to County badges. Collier County reserves the right to charge the Contractor $10,00 for lost or damaged badges. LosVstolen badges shall be reported and documented accordingly. Personal H ien : Personal cleanliness and neatness are basic requirements for all officers and members of the Government Security Section. Neatness in appearance calls for freshly showered & free of body odor, hair properly cut and colored fingernails and hands clean, uniforms presentable, and appropriate jewelry and piercing. Driving CounLy Vehicles: Page 9 of 12 Packet Pg. 2236 16.H.2.a With the approval of the County's Contract Officer, Contractor employees may drive County vehicles. Anyone driving a County vehicle will consent to having their driver's license reviewed for traffic violations at least annually, sign the County's Fleet Management's Agreement and will follow all County rules and regulations including those included with the County Manager's Administrative Policies (CMAs), The County's Contract Officer may revoke driving privileges at any time withoutcause. Training: The training program for Collier County will be unique in concept. It is an attempt by Collier County to pull the best from the Contractor's training resources then add specialized input from Collier County, The Contractor is responsible for required training and coordination. Required includes those requirements necessary to maintain the officer's licenses and CPRIAED. The conditions below are meant to be minimum requirements. Changes and additions will be published as required to meet security needs within a changing environment. The Contractor is required to respond to such modifications by promptly making appropriate, reasonable and timely alterations to the training program. All State regulatory requirements shall be met. Additional Training Pro ram is meant to be over and above all initial and required training. The County, at its sole discretion, may reimburse Contractor for special training required by the County's Facilities Management Division — Government Security Section and 1 or may at its expense, train both County's Contract Officers and in-house officers using outside experts at its expense. This insures that all officers are trained alike. Additional Training and or certification programs and special assignments may be approved by the County's Contract Officer and paid for by the County when it is deemed in the best interest of the County. Programs may include but are not limited to: Firearm Training, Dignitary 1 Executive Protection, Self Defense Training, Medical Training (Advanced Medical courses and 1 or First Aid Training) and the associated travel costs. Contractor's officers are expected to attend all training programs provided by the County at the County's expense. Training provided to the County from the Contractor when requested by the County will be invoiced within the Contractors monthly invoice and presented as a jump sum price inclusive of all costs (speakers, experts, range and or facilities fees, food, etc.). Training Requirements: Officers assigned must maintain a valid Florida security D and G licenses. Collier County must approve training plans and shift assignments. It is the responsibility of the Contractor to keep all officers proficient at all skills. Contractor agrees to pay for all initial and basic training as required by law and as addressed within this Contract. Testing, Each officer assigned to posts with x-ray machines will participate in weekly computer -generated tests, identifying threats (guns, knives, bombs, etc.). These tests are generated from the x-ray machines. At least once a week each officer assigned to posts will test on a software package (Safe Passage). This system provides threat images associated with building security. Page 10 of 12 O Packet Pg. 2237 16.H.2.a On an irregular basis, the County and or the 20th Judicial Circuit will conduct actual physical tests employing individual and or equipment, testing the efficiently of the screening procedures. At its discretion, the County reserves the right to request Reasonable -Suspicion Drug Testing in accordance with Collier County CMA. Failed Screening Tests_ The County reserves the right to fine the Contractor and deduct from invoices, at the discretion of the County's Contract Officer, for failure to comply with the contract for test failures by the District Courts system and or Facilities Management,-- Government Security: Schedule: First Failure -- Oral Warning Second Failure -- Written Warning Third Failure — $500 Fourth Failure — $1 000 Failures after the 4fh failure - $1,000 The County may elect to have the officer retained in lieu of or in addition to fines. The Contractor may supply the County with supplies, equipment and training expertise (in-house or sub- contractors). The cost will be invoiced to the County as a lump sum and be attached to the monthly invoice. When the use of alcohol or controlled substances by a Contractor employee is confirmed through authorized test, employees will be recommended for corrective action, up to and including removal, from contract. Vehicles; The County has the right to request the Contractor to provide vehicles. Examples of vehicles includes but are not limited to golf cart, Segway, car, truck, etc. In the event of a natural or manmade disaster, Contractor will procure vehicles to use during and post event. Examples of vehicles include but are not limited to: Golf Cart Segway Sedan SUV Pickup Truck Equipment: Telephones; Contractor shall ensure that all post telephones are used for official business relating to performance of security duties only and not for personal calls. Personal calls shall be limited to incidental use only and shall not be conducted using the primary security telephone as it may impact emergency response. Compliance with Collier County internette-mail policy is required. Each Contractor employee must sign the Information Technology User Agreement. Firearms: Any officer assigned a side arm will receive approval from the County's Contract Officer or his/ her designee. Each uniformed officer assigned to a post or detail will carry a quality, approved .38 or 357 revolver with .38 ammunition or with the County's Contract Officer approval, a 9MM, Page 11 of 12 0 U Packet Pg. 2238 16.H.2.a Plain clothes armed officers will carry a Sig Sauer 9mm pistol (Either a P226 or P229). Officers assigned to the Government Security headquarters and Operations Center may be assigned a 9mm semi -automatic pistol regardless of the type of uniform. This clause is subject to change by the County's Contract Officer and may be managed 1 changed on an individual basis. Ammunition: Only County authorized, Contractor purchased ammunition will be used while on County posts and or assignments. Tasers: The Contractor will at their expense equip their employees with County's Contract Officer approved tasers at the request of the County's. Contract Officer. OC Spray: The Contractor will at their expense equip their employees with County's Contract Officer approved OC Spray at the request of the County's Contract Officer. Handcuffs: The Contractor will at their expense equip their employees with County's Contract Officer approved handcuffs at the request of the County's Contract Officer. Office Supplies: The Contractor will, at their expense, equip their employees with supplies and equipment to include but not limited to; computers, printers, and general office supplies necessary to conduct day to day operations. Reports/Manuals: The Contractor or it's Subcontractor may be directed to write special reports, SOP's, Policy and Procedures including the rewriting, pursuant to the rates listed in Exhibit B-Fee Schedule. Unauthorized Equipment: No officer will have in their possession any equipment not approved in advance by the County's Contract officer. Posts: Each post has a set (often changing) of post orders. These may include but are not limited to: locking and unlocking doors, setting out parking cones, assisting the public with directions and or information, protecting details and other duties associated with keeping the building and its occupants 1 visitors' safe. Posts, details, surveys and investigations are established and delegated by the County's Contract Officer as needed. Page 12 of 12 9� Packet Pg. 2239 16.H.2.a Exhibit B Fee Schedule following this page (containing 1 pagels) Page 16 of 17 Fixed Term Service Agreement 42017.002 (Ver. t) � Packet Pg. 2240 16.H.2.a 18-7429- SECURITY SERVICES EXHIBIT B FEE SCHEDULE Position Officer Pay Rate Program Manager $ 32.83 Assistant Program Manager $ 27.78 Operations Supervisor $ 25.26 Post Supervisor $ 18.39 Security Officer $ 15.76 Executive Protection Officer $ 16.81 Exe Prot. Officer* on details $ 21.91 Officer (armed)* $ 15.76 Officer (not armed)* $ 14.71 PUD Supervisor (armed) $ 18.39 PUD Patrol (armed) $ 1.5.76 PUD Officers (armed) $ 15.76 County Hourly Rate $ 42M $ 36.43 $ 33.18 $ 26.26 $ 22.68 $ 24.11 $ 31.05 $ 22.68 $ 21.02 $ 26.26 $ 22.68 $ 22.68 Mark-up Percentage mark up on labor 41.87% Percentage mark up over what the employee receives for unidentified positions 41.87% *Percentage mark up on ammunition, equipment, and supplies shall not exceed 10.00% Vehicles Vehicle (daily rate)- Golf Cart Cost to the County $ 14.00 Vehicle (month) rate)- Golf Cart $ 420.00 Vehicle (daily rate) $ 105.00 Vehicle - Chevy Trax (monthly rate)100 miles per day, any additional mileage will be billed at $0.385 per mile $ 3,150.00 Vehicle - Chevy Trax (monthly rate)15,000 miles/year, any additional mileage will be billed at $0.385 per mile $ 1,177.00 The County may pay overtime at a rate of 1.5 for officers working detials over 40 hours per week or 8 hours per day. The Contractor will pay employees at a rate of time and one half for working any County Observed Holiday. Pricing should Include any impact the Patient Protection and Affordable Care Act might have on their employees now or In the future Executive Protection Officers will be paid an additional $5.00 per hour In addtion to their regular rate while on detail and 1.5 hours for travel. Overtime Is paid if appropriate In addition to the $5,00 per hour detail deferential. Emergency Rates The County will pay a rate of $53 per hour/Security Officer. This rate is all inclusive to include travel. Packet Pg. 2241 16.H.2.a Other Exhibit/Attachment Description; ❑ following this page (containing pages) no this exhibit is not applicable ova Page 17 of 17 Fixed Term Service Agreement #2017-002 (Ver.1) Packet Pg. 2242 16.H.2.a Exhibit B co co ti 0 N C L 0 0 Q U r c a� E 0 0 L Q 0 Q E 3 N N a N ti co C d E t 0 R r a Packet Pg. 2243 16.H.2.a ASSIGNMENT AND ASSUMPTION AGREEMENT FORCLfENT: Collier County Goyt ("Client") This Assignment and Assumption Agreement is executed and delivered this gE►k day of October, 2021 (the "Effective Date"), by and between 04S Secure Solutions (USA) Inc., a Florida corporation ("G4T% and Universal Protection Service,1,11, a California limited partnership, for itself and on behalf of its wholly -owned subsidiary Universal Protection Service,l,T_,C, a Delaware limited liability company, both d/b/a Allied Universal Security Services, which may be performing work in certain jurisdictions and localities (collectively "Allied Universal"), successor to G4S. RECITALS WHERAS, G4S previously entered into an agreement with Client (tile "Security Service Agreement") for the provision of security services and related services at Client's facilities (each a "Prot7erty" and, collectively, the "Pro erties'); WHEREAS, G4S desires to assign and Allied Universal desireto receive the Service Agreement pursuant to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, and for other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, G4S and Allied Universal do hereby agree as follows: 1. Assi�LnmQnt and Assumption. G4S hereby assigns, sells, transfers and sets over to Allied Universal all of G4S' right, title, benefits, privileges and interest in the Security Service Agreement (collectively, the "Assets"), and all of 048' obligations and liabilities in connection to such Assets (collectively, the "Assignment'). Allied Universal hereby accepts the Assignment and assumes and agrees to observe and perfonn all of the duties, obligations, terms, provisions and covenants, and to pay when due and discharge all of the liabilities of G4S to be observed, performed, paid or discharged frorn and alter the Effective Date, in connection to the Assets Allied Universal assumes by the operation of this Assignment. 2. Successors and Assigns. Except as otherwise provided in this Agreement, the rights and obligations of G4S and Allied Universal hereunder will be binding upon and inure to the benefit of their respective successors, assigns, heirs, executors, administrators and representatives, 3. facsimile or Scanned Signature. This Agreement may be executed and delivered in counterpart signature pages executed and delivered via facsimile transmission or via email with scan or email attachment, and any such counterpart executed and delivered via facsimile transmission or via email with scare or email attachment will be deemed an original for all intents and purposes. All signatures will be deemed to be delivered simultaneously. [Signature Page Follows] �tt� Packet Pg. 2244 16.H.2.a IN WITNESS WHEREOF, the Parties have executed this Assignment and Assumption Agreement as of the date first written above. Universal Protection Service, i.P d/b/a Allied Universal Security Services By: Name: Title: Regional Vice President 04S Secure Solutions (USA) Inc. By - Name: Title: Vice President Packet Pg. 2245 11/24/21, 12:40 PM Detail by Entity Name 16.H.2.b DIVISION OF CORP w► official 3twe of Florida websiee Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Limited Liability Company UNIVERSAL PROTECTION SERVICE, LLC Filing Information Document Number M12000000566 FEI/EIN Number 56-0515447 Date Filed 01/30/2012 State DE Status ACTIVE Last Event LC AMENDMENT Event Date Filed 03/29/2017 Event Effective Date NONE Principal Address 1551 N. Tustin Avenue,#650 Santa Ana, CA 92705 Changed: 04/08/2019 Mailing Address 1551 N. Tustin Avenue,#650 Santa Ana, CA 92705 Changed: 04/08/2019 Registered Agent Name & Address C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 Authorized Persons) Detail Name & Address Title Member Universal Protection Service, LP 1551 N. Tustin Avenue #650 Santa Ana, CA 92705 Title President and Chief Executive Officer https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrl Packet Pg. 2246 11/24/21, 12:40 PM Detail by Entity Name I 16.H.2.b Jones, Steven S. 1551 N. Tustin Ave. Suite 650 Santa Ana, CA 92705 Title Senior Vice President, Chief Financial Officer and Treasurer Brandt, Timothy 1551 N. Tustin Ave. Suite 650 Santa Ana, CA 92705 Title Executive Vice President, General Counsel and Secretary Buckman, David I. 161 Washington Street Suite 600 Conshohocken, PA 19428 Annual Reports Report Year Filed Date 2020 01 /15/2020 2021 02/01 /2021 2021 08/31 /2021 Document Images 08/31/2021 —AMENDED ANNUAL REPORT View image in PDF format 02/01/2021 --ANNUAL REPORT View image in PDF format 01/15/2020 --ANNUAL REPORT View image in PDF format 07/23/2019 -- AMENDED ANNUAL REPORT View image in PDF format 04/08/2019 -- ANNUAL REPORT View image in PDF format 10/01/2018 -- AMENDED ANNUAL REPORT View image in PDF format 06/18/2018 -- AMENDED ANNUAL REPORT View image in PDF format 04/04/2018 -- ANNUAL REPORT View image in PDF format 04/05/2017 -- ANNUAL REPORT View image in PDF format 03/29/2017 -- LC Amendment View image in PDF format 03/21/2017 -- LC Amendment View image in PDF format 03/17/2016 -- ANNUAL REPORT View image in PDF format 12/07/2015 -- AMENDED ANNUAL REPORT View image in PDF format 03/19/2015 -- ANNUAL REPORT View image in PDF format 05/27/2014 -- AMENDED ANNUAL REPORT View image in PDF format 04/12/2014 -- ANNUAL REPORT View image in PDF format 10/18/2013 -- LC Amendment View image in PDF format 06/07/2013 -- ANNUAL REPORT View image in PDF format 08/30/2012 -- LC Name Change View image in PDF format 01/30/2012 -- CORLCMMRES View image in PDF format 01/30/2012 -- Foreign Limited View image in PDF format https:Hsearch.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrl Packet Pg. 2247 11 /24/21, 12:34 PM sunbiz.org - Florida Department of State 16.H.2.b DIVISION OF CORPORATIONS 'org i Previous on List Next on List Return to List No Filing History Fictitious Name Detail Fictitious Name ALLIED UNIVERSAL SECURITY SERVICES, LLC Filing Information Registration Number G16000073407 Status ACTIVE Filed Date 07/26/2016 Expiration Date 12/31/2021 Current Owners 1 County MULTIPLE Total Pages 1 Events Filed NONE FEI/EIN Number 56-0515447 Mailing Address 1551 N. TUSTIN AVE., STE 650 SANTA ANA, CA 92705 Owner Information UNIVERSAL PROTECTION SERVICE, LLC 1551 N. TUSTIN AVE., STE 650 SANTA ANA, CA 92705 FEI/EIN Number: 56-0515447 Document Number: M12000000566 Document Images 07/26/2016 -- REGISTRATION I View image in PDF format Previous on List Next on List Return to List No Filing History 1rr��^^}} rr C.00. PC)--t rjrl:J xf fill offir•iui :Slug of Iluri a live isit- Florida Department of State, Division of Corporations Fictitious Name Search Submit Fictitious Name Search Submit dos.sunbiz.org/scripts/ficidet.exe?action=DETREG&docnum=Gl 6000073407&rdocnum=G 16000073407 Packet Pg. 2248 16.H.2.b ALLIED UNIVERSAL TOPCO LLC SECRETARY'S CERTIFICATE The undersigned, David I. Buckman, does hereby certify and declare that: 1. I am the duly appointed Executive Vice President, Secretary and General Counsel of Allied Universal Topco LLC, a Delaware limited liability company ("AU Topco"). 2. AU Topco is the parent company that ultimately controls various indirect subsidiaries, including: (a) Atlas UK Bidco Limited, a private limited company incorporated in the United Kingdom ("Bidco"); (b) Universal Services of America, LP, a California limited partnership; (c) Universal Protection Service, LP d/b/a Allied Universal Security Services, a California limited partnership; and (d) Universal Protection Services, LLC d/b/a Allied Universal Security Services, a Delaware limited liability company (collectively, the "AU Entities"). 3. Effective April 6, 2021, the shares of G4S plc (N/K/A G4S Limited), the ultimate parent company of the G4S organization, were acquired by Bidco (the "Transaction"). 4. As a result of the Transaction, AU Topco is the parent company that ultimately controls G4S Limited and its subsidiaries, including G4S Worldwide Holdings Limited (collectively, the "G4S Entities"), together with AU Entities. 5. AU Topco is the common parent company of the AU Entities and the G4S Entities. IN WITNESS WHEREOF, I have affixed my hand this 29th day of October, 2021. David I. Buckman Packet Pg. 2249 16.H.2.b W009 Request for Taxpayer Form (Rev. October2018) Identification Number and Certification Give Form to the requester. Do not Department of the Treasury Internal Revenue Service ► Go to www.irs.gov/FormWg for instructions and the latest Information. send to the IRS. 1 Name (as shown on your income tax return). Name Is required on this line; do not leave this line blank. UNIVERSAL PROTECTION SERVICE, LP 2 Business name/disregarded entity name, if different from above UNIVERSAL PROTECTION SERVICE, LLC 1 OBA ALLIED UNIVERSAL SECURITY SERVICES CH 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to fo€lowing seven boxes. certain entities, not individuals; see o ❑ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation 21 Partnership ❑ Trust/estate instructions on page 3): w Qo single -member LLC Exempt payee code (if any) ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► o Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting c ul LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S, federal tax purposes. Otherwise, a single -member LLC that code {if any) IL :t= is disregarded from the owner should check the appropriate box for the tax classification of its owner, ° 4)Other see instructions { ) ► 1/Wplfes fo ac+cvunts maintained oufsltle the U.S.) N 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) P.O. BOX 828854 fi City, state, and ZIP code PHILADELPHIA, PA 19182-8854 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid soda€ security number backup withholding, For individuals, this is generally your social security number (SSN. However, fora resident alien, sole proprietor, or disregarded entity, see the instructions for Part 1, later. For other entities, it Is your employer identification number (EIN). If you do not have a number, see Mow to get a TIN, later. or Note: If the account Is in more than one name, see the instructions for line 1. Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. j—j__1 AMMMMMM"nr. Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you ar�.-u t�required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. bign Signature of Here U.S. person ► pate ► /y d y General Instructions `,� Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov1FarmW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Farm 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form Packet Pg. 2250 ACTION BY WRITTEN CONSENT OF THE SOLE MEMBER OF UNIVERSAL PROTECTION SERVICE, LLC November 16, 2021 The undersigned being the sole member of Universal Protection Service, LLC, a Delaware limited liability company ("Company"), hereby takes the following action by written consent in lieu of a meeting, pursuant to Section 18-302 of the Delaware Limited Liability Company Act, and adopts the following resolutions and consents to the filing of this written consent ("Consent") in the minute book of the Company as of the date above written. RESOLVED, that the following employee of the Company, Bob Burbank, Regional Vice President, be, and he hereby is, authorized to take the following actions: execute and deliver, on behalf of and in the name of the Company and any of its subsidiaries, any and all agreements, instruments, certificates and other documents, as deemed by such individual in the exercise of his judgment to be appropriate or necessary for the conduct of the business of the Company and its subsidiaries in the ordinary course regarding the following transaction: Assignment, sale, transfer and set over to the Company of all the rights, title, benefits, privileges and interest of G4S Secure Solutions (USA), Inc. ("G4S") in and to Contract #18-7429 "Security Services" by and between G4S and Collier County, Florida (the "Transaction"), including without limitation, executing and delivering in the Company's name and on its behalf that certain Assignment and Assumption Agreement, New Business/Vendor Form and other documents concerning the Transaction, and it is further RESOLVED, that all actions previously taken by the Company and/or Bob Burbank in connection with the matters contemplated by the foregoing resolutions are hereby adopted, ratified, confirmed and approved in all respects. IN WITNESS WHEREOF, the undersigned sole member of the Company has executed this Action by Written Consent acting in such capacity as of the date first set forth above. UNIVERSAL PROTECTION SERVICE, LLC By: Universal Protection Service, LP, sole member By: Universal Protection GP, Inc., general partner of Universal Protection Service, LP By: A-� 51�k� David I. Buckman Secretary Packet Pg. 2251 16.H.2.b �tat...��.,�- r0riaa a" Bppartment of —*tatr I certify the attached is a true and correct copy of the Amendment, filed on March 29, 2017, for UNIVERSAL PROTECTION SERVICE, LLC, a corporation organized under the laws of Delaware, authorized to transact business in the State of Florida, as shown by the records of this office. k Ir A .a The document number of this corporation is M12000000566. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Eighteenth day of November, 2021 Laurel . Lee CW�IE022 (01-11) Secretary of State Packet Pg. 2252 1 16.H.2.b APPLICATION BY FOREIGN LIMITED LIABILITY COMPANY TO FILE AMENDMENT TO CERTIFICATE OF AUTHORITY TO TRANSACT BUSINESS IN FLORIDA SECTION 1 (1-4 must be completed) I. Name of limited liability Company as it appears on the records of the Florida Department of State: Universal Protection Service, LLC Enter new principal office address, if applicable: (Principal office address MUST BE A STREET AAARESS) Enter new mailing address, if applicable: Wailinje address MAY BE A POST OFFICE BOX) M12000000566 v 2. The Florida document number of this limited liability company is: � 3. Jurisdiction of its organization: DE 1 /30/2012 i 4. Date authorized to do business in Florida: SECTION 11(5-9 complete only the applicable changes) :O. 5. New name of the limited liability company: (must contain "Limited Liability Company," "L.L.C.," or "LLC.") (If name unavailable, enter alternate name adopted for the purpose of transacting business in Florida and attach a copy of the written consent of the managers or managing members adopting the alternate name. The alternate name must contain "Limited Liability Company," "L.L.C." or "LLC.") 6. If amending the registered agent and/or registered officer address on our records, enter the name of the new registered agellt and/or the new registered office address here: Name of New Registered Agent: New Registered Office Address: Enter Florida Street Address Florida City Zip Code New Registered Agent's Signature, if changing Registered Agent: 1 hereby accept the appointment as registered agent and agree to act in this capacity. 1 further agree to comply with the provisions of all statutes relative to the proper and complete performance of my duties, and I am familiar with and accept the obligations of my position as registered agent as provided for in Chapter 605, F.S. Or, if this document is being filed to merely reflect a change in the registered office address. I hereby confirm that the limited liability company has been notified in writing of this change, if Changing Registered Agent, Signature of New Registered Agent 3 Packet Pg. 2253 16.H.2.b 7. If the amendment changes the jurisdiction of organization, indicate new jurisdiction: N/A 8. If the amendment changes person, title or capacity in accordance with 605.0902 (1)(e), indicate that change: Title/ Capacity Chief Financial Officer General Counsel and Executive Vice Presideet Name William Tonolini David Buckman Address Type of Action 161 Washington Street, Suite 600 Conshohocken, PA 19428 QAdd n Remove 161 Washington Street, Suite 600 Conshohocken, PA 19428 FM Add n Remove nAdd 0 RerRdve Add cj } ReM'9ve Add n Remove 9. Attached is a certificate, if required: no more than 90 days old, evidencing the aforementioned amend ent(s), duly authenticated by the official having custody of records in the jurisdiction unde of w thi ntity is organized. Signature of the authorized representative Ste n Jo s Typed or printed name of signee Filing Fee: $25,00 Packet Pg. 2254 E-Verifv- EW Company ID Number:715866 Client Company ID Number:722747 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS USING A WEB SERVICES E-VERIFY EMPLOYER AGENT ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS), the Universal Protection Service LP (Employer), and the Web Services E-Verify Employer Agent. The purpose of this agreement is to set forth terms and conditions which the Employer and the Web Services E-Verify Employer Agent will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the E-Verify Employer Agent, the Social Security Administration (SSA), and DHS. References in this MOU to the Employer include the Web Services E-Verify Employer Agent when acting on behalf of the Employer. For purposes of this MOU, the E-Verify browser refers to the website that provides direct access to the E-Verify system: https://e-verify.uscis.gov/emp. You may access E-Verify directly free of charge via the E-Verify browser Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. Section 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E- Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. For purposes of this MOU, references to the Employer include the Web Services E-Verify Employer Agent when acting on behalf of the Employer. 2. By enrolling in E-Verify and signing the applicable MOU, the Employer asserts that it is a legitimate company which intends to use E-Verify for legitimate purposes only and in accordance with the laws, regulations and DHS policies and procedures relating to the use of E-Verify. 3. The Employer agrees to display the following notices supplied by DHS (though the Web Services E-Verify Employer Agent) in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: A. Notice of E-Verify Participation B. Notice of Right to Work 4. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of o the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such w information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. y 5. The Employer agrees to become familiar with and comply with the most recent version of theE-Verify User m Manual. The Employer will obtain the E-Verify User Manual from the Web ServicesE-Verify Employer Agent, and will be notified by the Web Services E-Verify Employer Agent when a new version of the E-Verify User Manual becomes available. t 6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: A. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" Q documents that contain a photo. (List B documents identified in 8 C.F.R. 274a.2(b)(1)(B)) can be Page 1 of 17 1 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 Packet Pg. 2255 E-Verifv- Ow Company ID Number:715866 Client Company ID Number:722747 presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. B. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form 1-9. 7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures. A. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti -discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. B. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E- Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E-Verify for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify (through its Web Services E-Verify Employer Agent) for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article 111.13 below) to contact DHS with information necessary to resolve the challenge. 13. The Employer agrees not to take any adverse action against an employee based upon the employee's Page 2 of 17 1 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 Packet Pg. 2256 E-Verifv- MW Company ID Number:715866 Client Company ID Number:722747 perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. Section 274a.1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-4218 (customer service) or 1-888-897-7781 (worker hotline). 14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration -related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti -discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 15. The Employer agrees that it will use the information it receives from E-Verify (through its Web Services E- Verify Employer Agent) only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as Personal Identification Numbers and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify@uscis.dhs.gov. Please use "Privacy Incident - Password" in the subject line of your email when sending a breach report to E-Verify. 17. The Employer acknowledges that the information it receives from SSA through its Web ServicesE-Verify Employer Agent is governed by the Privacy Act (5 U.S.C. Section 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E- Verify, which includes permitting DHS, SSA, their contractors and other agents, upon reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E- Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally -approved, federally -certified, or federally -recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. Page 3 of 17 1 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 Packet Pg. 2257 E-Verifv- EW Company ID Number:715866 Client Company ID Number:722747 22. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E- Verify according to this MOU. B. RESPONSIBILITIES OF THE WEB SERVICES E-VERIFY EMPLOYER AGENT 1. The Web Services E-Verify Employer Agent agrees to complete its Web Services interface no later than six months after the date the Web Services User signs this MOU. E-Verify considers your interface to be complete once it has been built pursuant to the Interface Control Agreement (ICA), submitted to E-Verify for testing, and approved for system access. 2. The Web Services E-Verify Employer Agent agrees to perform sufficient maintenance on the Web Services interface in accordance with the requirements listed in the ICA. These requirements include, but are not limited to, updating the Web Services interface to ensure that any updates or enhancements are incorporated no later than six months after the issuance of an ICA. Web Services E-Verify Employer Agents should be aware that this will require the investment of time and resources. Compliance with the requirements of the ICA must be carried out to the satisfaction of DHS and or its assignees. 3. The Web Services E-Verify Employer Agent agrees to provide to SSA and/or DHS the names, titles, addresses, e-mail addresses, and telephone numbers of the Web Services E-Verify Employer Agent representative who will access information, as well as ensure cooperation, communication, and coordination with E-Verify. In addition, Web Services E-Verify Employer Agents must provide to SSA and/or DHS the names, titles, addresses, and telephone numbers of its clients and their staff who will access information through E-Verify. Web Services E-Verify Employer Agents must ensure the contact information is updated with SSA and DHS whenever the points of contact change. 4. The Web Services E-Verify Employer Agent agrees to become familiar with and comply with theE-Verify User Manual and provide a copy of the most current version of the manual to the Employer so that the Employer can become familiar with and comply with E-Verify policy and procedures. The Web Services E-Verify Employer Agent agrees to obtain a revised E-Verify User Manual as it becomes available and to provide a copy of the revised version to the Employer no later than 30 days after the manual becomes available. 5. The Web Services E-Verify Employer Agent agrees that any person accessing E-Verify on its behalf is trained on the most recent E-Verify policy and procedures. 6. The Web Services E-Verify Employer Agent agrees that any of its representatives who will perform employment verification cases will complete the E-Verify Tutorial before that individual initiates any cases. A. The Web Services E-Verify Employer Agent agrees that all of its representatives will take the refresher tutorials initiated by E-Verify as a condition of continued use of E-Verify, including any tutorials for Federal contractors, if any of the Employers represented by the Web Services E-Verify Employer Agent is a Federal contractor. B. Failure to complete a refresher tutorial will prevent the Web Services E-Verify Employer Agent and Employer from continued use of E-Verify. 7. The Web Services E-Verify Employer Agent agrees to grant E-Verify access only to current employees who need E-Verify access. The Web Services E-Verify Employer Agent must promptly terminate an employee's E- Verify access if the employee is separated from the company or no longer needs access to E-Verify. 8. The Web Services E-Verify Employer Agent agrees to obtain the necessary equipment to use E- Verify as required by the E-Verify rules and regulations as modified from time to time. 9. The Web Services E-Verify Employer Agent agrees to, consistent with applicable laws, regulations, and policies, commit sufficient personnel and resources to meet the requirements of this MOU. 10. The Web Services E-Verify Employer Agent agrees to provide its clients with training on E-Verify processes, policies, and procedures. The E-Verify Employer Agent also agrees to provide its clients with ongoing E- Verify training as needed. E-Verify is not responsible for providing training to clients of E-Verify Employer Agents. 11. The Web Services E-Verify Employer Agent agrees to provide the Employer with the notices described in Article II.B.2 below. 12. The Web Services E-Verify Employer Agent agrees to create E-Verify cases for the Employer it represents in accordance with the E-Verify Manual, the E-Verify Web -Based Tutorial and all other published E-Verify rules and procedures. The Web Services E-Verify Employer Agent will createE-Verify cases using information provided by the Employer and will immediately communicate the response back to the Employer. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Web Services E-Verify Employer Agent's attempting, in good faith, to make inquiries on behalf of the Employer during the period of unavailability. If, however, the Web Services interface is unavailable due to no fault of E-Verify, then the three-day time period is not extended. In such a case, the Page 4 of 17 1 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 Packet Pg. 2258 E-Verifv- Ow Company ID Number:715866 Client Company ID Number:722747 Web Services E-Verify Employer Agent must use the E-Verify browser during the outage. 13. The Web Services E-Verify Employer Agent agrees to ensure that all notices, referral letters and any other materials otherwise including instructions regarding tentative nonconfirmations, will be consistent with the most current E-Verify tentative nonconfirmation notices and referral letters, which are available on E-Verify's website. 14. The Web Services E-Verify Employer Agent agrees that any system or interface it develops will follow the steps for creating E-Verify cases and processing tentative nonconfirmations, as laid out in the ICA, this MOU and the User Manual, including but not limited to allowing an employer to close an invalid case where appropriate, allowing an employer to refer a tentative nonconfirmation only when an employee chooses to contest a tentative nonconfirmation (no automatic referrals), and referring a tentative nonconfirmation to the appropriate agency at the time the employer prints the referral letter and provides the letter to the employee. The Web Services E-Verify Employer Agent understands that any failure to make its system or interface consistent with proper E-Verify procedures can result in DHS terminating the Web Services E-Verify Employer Agent's agreement and access with or without notice. 15. When the Web Services E-Verify Employer Agent receives notice from a client company that it has received a contract with the FAR clause, then the Web Services E-Verify Employer Agent must update the company's E-Verify profile within 30 days of the contract award date. 16. If data is transmitted between the Web Services E-Verify Employer Agent and its client, then the Web Services E-Verify Employer Agent agrees to protect personally identifiable information during transmission to and from the Web Services E-Verify Employer Agent. 17. The Web Services E-Verify Employer Agent agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access toE-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at . Please use "Privacy Incident - Password" in the subject line of your email when sending a breach report to E- Verify. 18. The Web Services E-Verify Employer Agent agrees to fully cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, including permitting DHS, SSA, their contractors and other agents, upon reasonable notice, to review Forms 1-9, employment records, and all records pertaining to the Web Services E-Verify Employer Agent's use of E-Verify, and to interview it and its employees regarding the use of E-Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E-Verify. A. The Web Services E-Verify Employer Agent agrees to cooperate with DHS if DHS requests information about the Web Services E-Verify Employer Agent's interface, including requests by DHS to view the actual interface operated by the Web Services E-Verify Employer Agent as well as related business documents. The Web Services E-Verify Employer Agent agrees to demonstrate for DHS the functionality of its interface to E-Verify upon request. B. The Web Services E-Verify Employer Agent agrees to demonstrate, if requested by DHS, that it has provided training to its clients that meets E-Verify standards. Training programs must provide a focused study of the topics covered in the E-Verify User Manual and pertinent Supplemental Guides. Furthermore, training programs and materials must be updated as E-Verify changes occur. The Web Services E-Verify Employer Agent is encouraged to incorporate information from existing E-Verify materials, including the Enrollment Quick Reference Guide, the E-Verify Employer Agent Client Handbook (formerly known as the Designated Agent Client Handbook), and existing tutorials and manuals into their training program. E-Verify also encourages the Web Services E-Verify Employer Agent to supervise first-time use of the E-Verify browser or Web Services interface by its staff and Employer clients as part of any training program. The Web Services E-Verify Employer Agent agrees to submit its training program materials to DHS for review upon request. Failure to provide adequate training could, in some instances, lead to penalties as described in Article V.F.1. of this MOU. 19. The Web Services E-Verify Employer Agent shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Web Services E-Verify Employer Agent shall not describe its services as federally -approved, federally -certified, or federally -recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your Web Services E- Verify Employer Agent services and any claim to that effect is false. 20. The Web Services E-Verify Employer Agent shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Web Services E-Verify Employer Agent agrees that E-Verify trademarks and logos may be used only Page 5 of 17 1 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 Packet Pg. 2259 E-Verifv- EW Company ID Number:715866 Client Company ID Number:722747 under license by DHS/USCIS (see ) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Web Services E-Verify Employer Agent's services, products websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E- Verify. 22. The Web Services E-Verify Employer Agent understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Web Services E-Verify Employer Agent may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. C. RESPONSIBILITIES OF FEDERAL CONTRACTORS The Web Services E-Verify Employer Agent shall ensure that the Web Services E-Verify Employer Agent and the Employers it represents carry out the following responsibilities if the Employer is a Federal contractor or becomes a federal contractor. The Web Services E-Verify Employer Agent should instruct the client to keep the Web Services E- Verify Employer Agent informed about any changes or updates related to federal contracts. It is the Web Services E- Verify Employer Agent's responsibility to ensure that its clients are in compliance with all E-Verify policies and procedures. 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not reverify the employee through E-Verify. A. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E- Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. B. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. C. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. D. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. E. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: Q i. That Form 1-9 is complete (including the SSN) and complies with Article II.A.6, Page 6 of 17 1 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 Packet Pg. 2260 E-Verifv- EW Company ID Number:715866 Client Company ID Number:722747 ii. The employee's work authorization has not expired, and iii. The Employer has reviewed the information reflected in the Form 1-9 either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). F. The Employer shall complete a new Form 1-9 consistent with Article II.A.6 or update the previous Form 1-9 to provide the necessary information if: i. The Employer cannot determine that Form 1-9 complies with Article II.A.6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a U.S. passport or Form I- 551) that expired after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E- Verify User Manual. G. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. D. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer (through the E-Verify Employer Agent) against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides (through the E-Verify Employer Agent) through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E- Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. Section 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the E-Verify Employer Agent. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight -day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the E-Verify Employer Agent. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. E. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer (through the E-Verify Employer Agent) to conduct, to the extent authorized by this MOU: A. Automated verification checks on alien employees by electronic means, and B. Photo verification checks (when available) on employees. 2. DHS agrees to assist the E-Verify Employer Agent with operational problems associated with its participation in E-Verify. DHS agrees to provide the E-Verify Employer Agent names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. Page 7 of 17 1 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 Packet Pg. 2261 E-Verifv- EW Company ID Number:715866 Client Company ID Number:722747 3. DHS agrees to provide to the E-Verify Employer Agent with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train E-Verify Employer Agents on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require E-Verify Employer Agents to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer (through the E-Verify Employer Agent) a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of justice. 6. DHS agrees to issue each of the E-Verify Employer Agent's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides (through the E-Verify Employer Agent), and to limit access to such information to individuals responsible for the verification process, for evaluation of E- Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide .2 them with the notice and letter containing information specific to the employee's E-Verify case. The a Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to y employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer Q must allow employees to contest the finding, and not take adverse action against employees if they choose 00 to contest the finding, while their case is still pending. ti 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative 0 nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the 0 employee may determine whether he or she will contest the tentative nonconfirmation. c 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E E-Verify. The Employer must record the case verification number, review the employee information U submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative w nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee c information that SSA requests, to SSA for verification again if this review indicates a need to do so. E 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. c SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work p days of the referral unless it determines that more than 10 days is necessary. y 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. c 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration .y m number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS c E 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify t employees in private of the finding and provide them with the notice and letter containing information Q specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must Page 8 of 17 1 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 Packet Pg. 2262 E-Verifv- EW Company ID Number:715866 Client Company ID Number:722747 allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to D only when the employee chooses HScontest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by D , the Employer will instruct the HS employee to contact D through its toll -free hotline (as fouH9 on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or passport card to D for review by: HS A. Scanning and uploading the document, or B. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to D as described in the preceding parWaph. The Employer agrees to resolve the case as specified by the D representative who will determineHSe photo match or mismatch. 8. D will electronically transmit the resNl$ of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and D will not charge the Employer or thd!YVeb Services E-Verify Employer Agent for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V SYSTEM SECURITY AND MAINTENANCE A. DEVELOPMENT REQUIREMENTS 1. Software developed by Web Services E-Verify Employer Agents must comply with federally -mandated information security policies and industry security standards to include but not limited to: 2. Public Law 107-347, "E-Government Act of 2002, Title III, Federal Information Security Management Act (FISMA)," December 2002. 3. Office of Management and Budget (OMB) Memorandum (M-10-15), "FY 2010 Reporting Instructions for the Federal Information Security Management Act and Agency Privacy Management," April 2010. 4. National Institute of Standards and Technology (NIST) Special Publication (SP) and Federal Information Processing Standards Publication (FIPS). 5. International Organization for Standardization/International Electrotechnical Commission (ISO/IEC) 27002, Information Technology - Security Techniques - Code of Practice for Information Security Management. 6. The Web Services E-Verify Employer Agent agrees to update its Web Services interface to reflect system enhancements within six months from the date D notifies the Web Services User of tH& system update. The Web Services User will receive notice from D in the form of an Interface ControlbWgreement (ICA). The Web Services E-Verify Employer Agent agrees to institute changes to its interface as identified in the ICA, including all functionality identified and all data elements detailed therein. 7. The Web Services E-Verify Employer Agent agrees to demonstrate progress of its efforts to update its Web Services interface if and when D requests such progress reports. HS Page 9 of 17 1 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 Packet Pg. 2263 E-Verifv- EW Company ID Number:715866 Client Company ID Number:722747 8. The Web Services E-Verify Employer Agent acknowledges that if its system enhancements are not completed to the satisfaction of D or its assignees within six monthsMG)m the date D notifies the Web Services User of the system update, then the Web Services User's E-Verify account may be suspended, and support for previous releases of E-Verify may no longer be available to the Web Services User. The Web Services E-Verify Employer Agent also acknowledges that D may suspend the Web Services U9irs's account after the six-month period has elapsed. 9. The Web Services E-Verify Employer Agent agrees to incorporate error handling logic into its development or software to accommodate and act in a timely fashion should an error code be returned. 10. The Web Services E-Verify Employer Agent agrees to complete the technical requirements testing which is confirmed upon receiving approval of test data and connectivity between the Web Services E-Verify Employer Agent and D HS 11. D will not reimburse any Web ServiddS E-Verify Employer Agent or software developer who has expended resources in the development or maintenance of a Web Services interface if that party is unable, or becomes unable, to meet any of the requirements set forth in this MOU. 12. Housing, development, infrastructure, maintenance, and testing of the Web Services applications may take place outside the United States and its territories, but testing must be conducted to ensure that the code is correct and secure. 13. If the Web Services E-Verify Employer Agent includes an electronic Form 1-9 as part of its interface, then it must comply with the standards for electronic retention of Form 1-9 found in 8 CFR 274a.2(e). B. INFORMATION SECURITY REQUIREMENTS Web Services E-Verify Employer Agents performing verification services under this MOU must ensure that information that is shared between the Web Services E-Verify Employer Agent and D is appropriately protected comparable to the protection provided when the information is within the D environment [OMB Circular A-130 HS Appendix III]. To achieve this level of information security, the Web Services E-Verify Employer Agent agrees to institute the following procedures: 1. Conduct periodic assessments of risk, including the magnitude of harm that could result from the unauthorized access, use, disclosure, disruption, modification, or destruction of information and information systems that support the operations and assets of the D , SSA, and the Web ServicesE-VerifM!Employer Agent and its clients; 2. Develop policies and procedures that are based on risk assessments, cost-effectively reduce information security risks to an acceptable level, and ensure that information security is addressed throughout the life cycle of each organizational information system; 3. Implement subordinate plans for providing adequate information security for networks, facilities, information systems, or groups of information systems, as appropriate; 4. Conduct security awareness training to inform the Web Services E-Verify Employer Agent's personnel (including contractors and other users of information systems that support the operations and assets of the organization) of the information security risks associated with their activities and their responsibilities in complying with organizational policies and procedures designed to reduce these risks; 5. Develop periodic testing and evaluation of the effectiveness of information security policies, procedures, practices, and security controls to be performed with a frequency depending on risk, but no less than once per year; 6. Develop a process for planning, implementing, evaluating, and documenting remedial actions to address any deficiencies in the information security policies, procedures, and practices of the organization; 7. Implement procedures for detecting, reporting, and responding to security incidents; 8. Create plans and procedures to ensure continuity of operations for information systems that support the operations and assets of the organization; 9. In information -sharing environments, the information owner is responsible for establishing the rules for appropriate use and protection of the subject information and retains that responsibility even when the information is shared with or provided to other organizations [NIST SP 800-37]. 10. D reserves the right to restrict Web 66rvices calls from certain IP addresses. 11. D reserves the right to audit the Web Services E-Verify Employer Agent's application. 12. Web Services E-Verify Employer Agents and Software Developers agree to cooperate willingly with the D assessment of information security and privacy practices used by the company to develop and maintain the HS Page 10 of 17 1 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 Packet Pg. 2264 E-Verifv- EW Company ID Number:715866 Client Company ID Number:722747 software. C. DATA PROTECTION AND PRIVACY REQUIREMENTS 1. Web Services E-Verify Employer Agents must practice proper Internet security; this means using HTTP over SSL/TLS (also known as HTTPS) when accessing DHS information resources such as E-Verify [NIST SP 800- 951. Internet security practices like this are necessary because Simple Object Access Protocol (SOAP), which provides a basic messaging framework on which Web Services can be built, allows messages to be viewed or modified by attackers as messages traverse the Internet and is not independently designed with all the necessary security protocols for E-Verify use. 2. In accordance with DHS standards, the Web Services E-Verify Employer Agent agrees to maintain physical, electronic, and procedural safeguards to appropriately protect the information shared under this MOU against loss, theft, misuse, unauthorized access, and improper disclosure, copying use, modification or deletion. 3. Any data transmission requiring encryption shall comply with the following standards: A. Products using FIPS 197 Advanced Encryption Standard (AES) algorithms with at least 256-bit encryption that has been validated under FIPS 140-2. B. NSA Type 2 or Type 1 encryption. 4. User ID Management (Set Standard): All information exchanged between the parties under this MOU will be vi done only through authorized Web Services E-Verify Employer Agent representatives identified above. t LM 5. The Web Services E-Verify Employer Agent agrees to use the E-Verify browser instead of its own interface if L it has not yet upgraded its interface to comply with the Federal Acquisition Regulation (FAR) system �a changes. In addition, Web Services E-Verify Employer Agents whose interfaces do not support the Form 1-9 c from 2/2/2009 or 8/7/2009 should also use the E-Verify browser until the system upgrade is completed. •9 6. aM The Web Services E-Verify Employer Agent agrees to use the E-Verify browser instead of its own interface if y it has not completed updates to its system within six months from the date DHS notifies the Web Services E- M Verify Employer Agent of the system update. The Web Services E-Verify Employer Agent can resume use of its interface once it is up-to-date, unless the Web Services E-Verify Employer Agent has been suspended or °' terminated from continued use of the system. (D m L D. COMMUNICATIONS a 1. Web Services E-Verify Employer Agents and Software Developers agree to develop an electronic system 0 that is not subject to any agreement that would restrict access to and use of by an agency of the United 0- States. E 2. The Web Services E-Verify Employer Agent agrees to develop effective controls to ensure the integrity, Q accuracy and reliability of its electronic system. 3. The Web Services E-Verify Employer Agent agrees to develop an inspection and quality assurance program 00000 that regularly, at least once per year, evaluates the electronic system, and includes periodic checks of N electronically stored information. The Web Services E-Verify Employer Agent agrees to share the results of its regular inspection and quality assurance program with DHS upon request. 4. c The Web Services E-Verify Employer Agent agrees to develop an electronic system with the ability to produce legible copies of applicable notices, letters, etc. E 5. 0 All information exchanged between the parties under this MOU will be in accordance with applicable laws, 0 regulations, and policies, including but not limited to, information security guidelines of the sending party with respect to any information that is deemed Personally Identifiable Information (PII), including but not E limited to the employee or applicant's Social Security number, alien number, date of birth, or other E information that may be used to identify the individual. 0 6. Suspected and confirmed information security breaches must be reported to DHS according to Article � N II.A.17. Reporting such breaches does not relieve the Web Services E-Verify Employer Agent from further requirements as directed by state and local law. The Web Services E-Verify Employer Agent is subject to applicable state laws regarding data protection and incident reporting in addition to the requirements U) herein. m E. SOFTWARE DEVELOPER RESTRICTIONS E 1. The Web Services E-Verify Employer Agent agrees that if it develops a Web Services interface and sells such interface, then it can be held liable for any misuse by the company that purchases the interface. It is the responsibility of the Web Services E-Verify Employer Agent to ensure that its interface is used in accordance a with E-Verify policies and procedures. Page 11 of 17 1 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 Packet Pg. 2265 E-Verifv- EW Company ID Number:715866 Client Company ID Number:722747 2. The Web Services E-Verify Employer Agent agrees to provide software updates to each client who purchases its software. Because of the frequency Web Services updates, an ongoing relationship between the software developer and the client is necessary. 3. DHS reserves the right to terminate the access of any software developer with or without notice who creates or uses an interface that does not comply with E-Verify procedures. 4. Web Services Software Developers pursuing software development independent of serving clients as a Web Services E-Verify Employer Agent are not eligible to receive an ICA. At this time, E-Verify does not permit Web Services software development without also being a Web Services E-Verify Employer Agent or Web Services Employer. F. PENALTIES 1. The Web Services E-Verify Employer Agent agrees that any failure on its part to comply with the terms of the MOU may result in account suspension, termination, or other adverse action. 2. DHS is not liable for any financial losses to Web Services E-Verify Employer Agent, its clients, or any other party as a result of your account suspension or termination. ARTICLE VI MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. B. TERMINATION 1. The Web Services E-Verify Employer Agent may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. In addition, any Employer represented by the Web Services E-Verify Employer Agent may voluntarily terminate its MOU upon giving DHS 30 days' written notice. The Web Services E-Verify Employer Agent may not refuse to terminate the Employer based upon an outstanding bill for verification services. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Web Services E-Verify Employer Agent's participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Web Services E-Verify Employer Agent or Employer, or a failure on the part of either party to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 3. A Web Services E-Verify Employer Agent for an Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Web Services E-Verify Employer Agent must provide written notice to DHS. If the Web Services E- Verify Employer Agent fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non -Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Web Services E-Verify Employer Agent agrees that E-Verify is not liable for any losses, financial or otherwise, if the Web Services E-Verify Employer Agent or the Employer is terminated from E-Verify. ARTICLE VII PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Web Services E-Verify Employer Agent, its agents, officers, or employees. Page 12 of 17 1 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 Packet Pg. 2266 E-Verifv- MW Company ID Number:715866 Client Company ID Number:722747 C. The Web Services E-Verify Employer Agent may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Web Services E-Verify Employer Agent or the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Web Services E-Verify Employer Agent or the Employer. E. The Web Services E-Verify Employer Agent understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer, the Web Services E-Verify Employer Agent and DHS respectively. The Web Services E-Verify Employer Agent understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Web Services E-Verify Employer Agent, as the case may be, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS, the Employer, and the E-Verify Employer Agent. Universal Protection Service LP (Employer) hereby designates and appoints Rebekah Smith (E- Verify Employer Agent), including its officers and employees, as the E-Verify Employer Agent for the purpose of carrying out (Employer) responsibilities under the MOU between the Employer, the E-Verify Employer Agent, and DHS. Page 13 of 17 1 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 Packet Pg. 2267 M[r�. M1si tt[.'f�l E-Verifv- Ow Company ID Number:715866 Client Company ID Number:722747 If you have any questions, contact E-Verify at 1-888-464-4218. Approved by: Employer Name (Please Type or Print) Title Signature Date E-Verify Employer Agent Employment Tax Servicing Corp. Name (Please Type or Print) Rebekah Smith Title Signature Electronically Signed Date November 19, 2021 Department of Homeland Security - Verification Division Name Title Signature Date Page 14 of 17 1 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 Packet Pg. 2268 E-Verifv- Mw Company ID Number:715866 Client Company ID Number:722747 Information Required for the E-Verify Program Information relating to your Company: Company Name Universal Protection Service LP Company Facility Address 1551 N. Tustin Ave. Suite 650 Santa Ana, CA 92705 Company Alternate Address County or Parish Orange Employer Identification Number 33-0973846 North American Industry Classification Systems Code Administrative And Support Services (561) Parent Company Number of Employees 10,000 and over Number of Sites Verified for 0 Page 15 of 17 1 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 Packet Pg. 2269 Mr M1si : t['f�4 E-Verifv- Mw Company ID Number:715866 Client Company ID Number:722747 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: Page 16 of 17 1 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 Packet Pg. 2270 E-Verifv- Mw Company ID Number:715866 Client Company ID Number:722747 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name om Troup Phone Number (714) 619-9742 Fax Number Email Address Tom.Troup@aus.com Name aclyn Vazquez Phone Number (714) 619-9700 Fax Number Email Address Jaclyn.vazquez@aus.com Page 17 of 17 1 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 Packet Pg. 2271 16.H.2.c FIRST AMENDMENT TO AGREEMENT #18-7429 ITITAt SECURITY SERVICES THIS AMENDMENT made and entered into on this Oda ay of JOAhe 2019, by and between G4S Secure Solutions (USA) Inc. (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WHEREAS, on January 22, 2019, (Agenda Item 11.D), the County entered into an Agreement with the Contractor to obtain quality security services to protect Collier County property, the public and County personnel; WHEREAS, the parties desire to amend the Agreement revise Exhibit B Fee Schedule to include pricing for Marco Island Historical Museum security services (armed officer); and WHEREAS, all other terms and conditions of the Agreement shall remain the same. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the parties as follows: 1. Exhibit B Fee Schedule is hereby amended, a outlined in Exhibit B-1, attached hereto and incorporated into the Agreement. Words Strue'r 'T'hr are deleted; Words Underlined are added "Remainder of this page left blank intentionally* Page 1 of 3 First Amendment to Agreement 418-7429 CAO Packet Pg. 2272 16.H.2.c IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Amendment on the date and year first written above. CONTRACTOR G4S SECURE SOL By Dat Contractor's it First witness Fare T"I' print Nvi s nan)eT LSAw Second Witness CtJr►'b•, Soe-Kee+r TType/print witness nameT HOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Y ' Edward F. Coyman Jr. Director of Procurer ent Services Division •. SAD oily Date ppi ve a to • n a Legality: Deputy County Attorney .4 2 /� 4t Print Name Page 2 of 3 First Amendment to Agreement i118-7429 Packet Pg. 2273 16.H.2.c 18-7429- SECURITY SERVICES EXHIBIT B-1 FEE SCHEDULE Position Officer Pay Rate Program Manager $ 32.83 Assistant Program Manager $ 27.78 Operations Supervisor $ 25.26 Post Supervisor $ 18.39 Security Officer $ 15.76 Executive Protection Officer $ 16.81 Exe Prot. Officer* on details $ 21.91 Officer (armed)* $ 15.76 Officer not armed)* $ 14.71 PUD Supervisor armed $ 18.39 PUD Patrol armed $ 15.76 PUD Officers armed $ 15.76 Marco Island Historical Museum $ 19.00 Armed Security Officer (armed) County Hourly Rate $ 42.93 $ 36.43 $ 33.18 $ 26.26 $ 22.68 $ 24.11 $ 31.05 $ 22.68 $ 21.02 $ 26.26 $ 22.68 $ 22.68 $ 26.95 Mark-up Percentage mark up on labor 41.87% Percentage mark up over what the employee receives for unidentified positions 41.87% *Percentage mark up on ammunition, equipment, and supplies shall not exceed 10.00% Vehicles Vehicle(daily rate)- Golf Cart $ Cost to the County 14.00 Vehicle(monthly rate)- Golf Cart $ 420.00 Vehicle(daily rate $ 105.00 Vehicle - Chevy Trax (monthly rate) 100 miles per day, any additional mileage will be billed at $0.385 per mile $ 3,150.00 Vehicle - Chevy Trax (monthly rate) 15,000 miles/year, any additional mileage will be billed at $0.385 per mile $ 1,177.00 The County may pay overtime at a rate of 1.5 for officers working details over 40 hours per week or 8 hours per day. The Contractor will pay employees at a rate of time and one half for working any County Observed Holiday. Pricing should include any impact the Patient Protection and Affordable Care Act might have on their employees now or in the future Executive Protection Officers will be paid an additional $5.00 per hour in addition to their regular rate while on detail and 1.5 hours for travel. Overtime is paid if appropriate in addition to the $5.00 per hour detail deferential. Emergency Rates The County will pay a rate of $53 per hour/Security Officer. This rate is all inclusive to include travel. Page 3 of 3 First Amendment to Agreement #18-7429 Packet Pg. 2274 DocuSign Envelope ID: 1ABED815-822F-4897-9332-ACFDA28E17D9 SECOND AMENDMENT TO AGREEMENT No. 18-7429 16. H.2.d FOR SECURITY SERVICES THIS AMENDMENT made and entered into on this day of 2020, by and between G4S Secure Solutions (USA) Inc. (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County")(collectively, the "Parties"). WHEREAS, on January 22, 2019, (Agenda Item 11.D), the County entered into Agreement No. 18- 7429 (the "Agreement") with the Contractor to obtain quality security services to protect County property, the public and personnel working on County property; and WHEREAS, on June 20, 2019, the County entered into a First Amendment to the Agreement with the Contractor to include pricing for Marco Island Historical Museum security services (an armed officer); and WHEREAS, the Parties desire to further amend the Agreement to include Additional Screening Services at the Collier County Courthouse and the Courthouse Annex/employee entrance (the "Facility") as more specifically provided in 201 Judicial Circuit Court Administrative Order No. 2.39, as amended, affixed hereto as Attachment "C." Those Additional Screening Services include screening individuals for symptoms relating to Coronavirus (COVID-19) as expressly provided in Attachment "D," which also includes additional terms required by this Second Amendment to implement those services; and WHEREAS, all other terms and conditions of the Agreement shall remain the same. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: 1. The Agreement is hereby amended to add the temporary additional services, terns, and conditions provided in Attachments "C" and "D" referenced above, which are hereby incorporated into the Agreement. 2. The court ordered Additional Screening Services procedures will come at no further cost to the County, and shall only apply at the Facility. The only additional costs that may be incurred by the County would be related to any required extra manpower needed to perform the temporary additional services subject to the written request from the County's Facilities Management Division. Words Strreli Thra are deleted; Words Underlined are added * * Remainder of this page left blank intentionally * * Page 1 of 2 Second Amendment to Agreement #18-7429 C �o Packet Pg. 2275 DocuSign Envelope ID: 1ABED815-822F-4897-9332-ACFDA28E17D9 16. H.2.d IN WITNESS WHEREOF, the Parties hereto, by an authorized person or agent, have executed this Second Amendment on the date and year first written above. CONTRACTOR G4S SECURE SOLUTIONS USA INC 1/ D�oc/u.Signedby. V � / �k` `Aivx 22C1D2292F4C424... Drew Levine TTypelprint signature and titleT Contractor's Witnesses: First Witness TTypelprint witness name's Second Witness Type/print witness name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DocuSigned by: S.d H 3ECCC8279B554F5... Director of Procurement Services Division Approved as to Form and Legality: Es DocuSigned by: ASVT (2. Qeace, D5597943DC414... Deputy County Attorney Y Page 2 of 2 Second Amendment to Agreement #l8-7429 Packet Pg. 2276 DocuSign Envelope ID: 1ABED815-822F-4897-9332-ACFDA28E17D9 ATI`ACH= C TO SECOND AMMUV ENT 16. H.2.d IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR THE STATE OF FLORIDA IN RE: MITIGATING MEASURES IN ADMINISTRATIVE RESPONSE TO COVID-19 & ORDER OPERATIONAL PLAN FOR NO.2.39 RESUMPTION OF COURT - Second Amended - PROCEEDINGS AND SERVICES 1 WHEREAS, in response to the outbreak of the Coronavirus Disease 2019 (COVID-19), the Governor of the State of Florida issued Executive Order No. 20-52 on March 9, 2020, declaring a state of emergency, and, subsequently, on April 1, 2020, the Governor of the State of Florida entered his "Safer at Home" Executive Order Number 20-91; and WHEREAS, in AOSC20-12 (issued March 11, 2020) and AOSC20-13 (issued March 16, 2020), the Florida Supreme Court expressed that preparing for the impact of COVID- 19 on court operations is a high priority for the Florida State Court System, and directed that all chief judges of the circuit courts take such mitigating measures as may be necessary to address the effects of the COVID-19 outbreak on their respective courts, while keeping the courts open to the fullest extent consistent with public safety; and WHEREAS, in AOSC20-13, the Florida Supreme Court temporarily suspended grand jury proceedings, jury selection proceedings, and criminal and civil jury trials, and temporarily suspended all time periods involving the speedy trial procedure, in criminal and juvenile court proceedings; and WHEREAS, in AOSC20-13, the Florida Supreme Court temporarily suspended all rules of procedure, court orders, and opinions applicable to court proceedings that limit or prohibit the use of communication equipment for the conducting of proceedings by remote electronic means; and WHEREAS, on March 17, 2020, the Florida Supreme Court issued AOSC20-15, which; (1) required that all circuit and county courts continue to perform specifically designated essential court proceedings and proceedings critical to the state of emergency or the public health emergency, and penuitted the chief judge to determine that additional proceedings are essential or critical to the state of emergency or the public health emergency; (2) required circuits to employ all methods practicable to minimuze the risk of COVID-19 exposure to individuals involved in essential court proceedings and proceedings critical to the state of emergency or the public health emergency, or the general public; and (3) directed that all non -essential and non- critical court proceedings and events be rescheduled, postponed, or cancelled unless the chief judge determines that such other specific proceedings or events can he effectively conducted remotely using telephonic or other electronic means available without the necessity of in -person court appearances; and WHEREAS, on March 18, 2020, the Florida Supreme Court issued AOSC20-16, which relaxed the requirements for oaths and permitted parties and witnesses to be sV—�� 11 10EYD aid MAY 2 9 2020 r� f Llnda Doggett, Clerk Circuit Court Lee Ca Packet Pg. 2277 DocuSign Envelope ID: 1ABED815-822F-4897-9332-ACFDA28E17D9 16. H.2.d WHEREAS, on March 18, 2020. in response to the prior Florida Supreme Court Administrative Orders,1, as Chief Judge, issued local Administrative Order 2.39, In re: Mitigating Measures in Response to COVID-19, to establish essential and critical court proceedings and the manner in which to handle them, preferably remotely, but, if not possible, in person with precautions taken. Also, in accordance with the prior Florida Supreme Court Administrative Orders. local Administrative Order 2.39 directed that all non -essential and non- critical court proceedings be suspended, unless the matter could effectively be conducted remotely using communication equipment and with the approval of the Chiej'Judge; and WHEREAS, on March 24, 2020 the Florida Supreme Court issued AOSC20-17, which was intended to combine and extend the temporary measures implemented in the previous Administrative Orders involving COVID-19, specifically AOSC20-13, AOSC20-15, and AOSC20-16. In AOSC-17, the Florida Supreme Court included a section entitled "MAINTAINING WORKFLOW AS FEASIBLE," which stated that "[t]o maintain judicial workflow to the maximum extent feasible, eldef judges are directed to take all possible steps to facilitate conducting proceedings with the use o f technology, " and further stating that "[t]hese emergency measures are necessary to ensure public health and safety during this unprecedented pandemic; however, the constitutional right o access to the courts b , the puhlic mast be considered by the presiding judge in al! cases." (emphasis added); and WHEREAS, subsequent to issuing local AO 2.39, and being mindful of the subsequently issued Florida Supreme Court Administrative Orders, I, as Chief Judge, issued memorandums dated March 20. 2020 (Re: COVID-19 — Essential Court Proceedings — Jar! Management). March 27, 2020 (Re: COVID-19 —Courts Remain Open with Limitations to Mitigate effects of COVID-19), April 16, 2020 (Re: COVID-19 — Courts Retain Open with Limitations to Mitigate effects of COVID-19 — AMENDED), and April 24, 2020 (Re: COVID-19 -- Courts Remain Open with Limitation to Mitigate effects of COVID-19 -- SECOND AMENDED), for the purpose of clarifying and modifying the prior list of essential or critical court proceedings, as well as non- essential and non -critical proceedings, with updated instructions as to how those proceedings should be handled; and WHEREAS, subsequent to issuing AOSC20-17, the Florida Supreme Court issued several more Administrative Orders related to COVID-19, which culminated in the issuance on April 6, 2020, of AOSC20-23, In re: Comprehensive COVID-19 Emergency Measures. or the Florida State Courts; and WHEREAS, on April 29, 2020, the Governor of the State of Florida issued Executive Order 20-112, initiating Phase 1 of the "Safe. Smart. Step -by -Step. Plan for Florida's Recovery." which lifted many restrictions on individual activities and businesses previously imposed (except for in Miami -Bade, Broward, and Palm Beach counties), with limitations and precautions to be taken, while still strongly encouraging senior citizens and individuals with a significant underlying medical condition to stay at home; and WHEREAS, on May 4, 2020, the Florida Supreme Court issued an amended version of AOSC20-23, In re: Comprehensive COVID-I9 Emergency Measures for the Florida State Courts, which revised portions of the original AOSC20-23; and Packet Pg. 2278 DocuSign Envelope ID: 1ABED815-822F-4897-9332-ACFDA28E17D9 16. H.2.d WHEREAS, on May 8, 2020, in response to the Florida Supreme Courts amended version of AOSC20-23,1, as Chief Judge, issued an amended version of local Administrative Order 2.39, In re: Mitigating Measures in Response to COVID-19. so as to comport with the amendments made by the Florida Supreme Court; and WHEREAS, and on May 14. 2020, the Governor of the State of Florida issued Executive Order 20-123, bringing all Florida counties into Full Phase 1 recovery. WHEREAS, on May 21, 2020, the Florida Supreme Court issued a second amended version of AOSC20-23. In re: Comprehensive COVID-19 Emergency Measures for the Florida State Courts, with the intent to extend, refine, and strengthen previously enacted temporary remedial measures; and WHEREAS, on May 21, 2020, the Florida Supreme Court issued AOSC20-32, hire: COVID-19 Public Health and Safety Precautions for Phase 2, establishing four (4) phases of the pandemic specifically related to the Florida State Court System, adopting findings and recommendations on the continuation of all court operations and proceedings statewide in a manner that protects health and safety, and, providing guidance for protective measures that will allow the progressive and safe return of judges, personnel, parties, counsel, jurors, and the public to court facilities; and WHEREAS, in AOSC20-32, the Florida Supreme Court ordered that (1) Court reopening protocols and practices small be guided by Centers for Disease Control and Prevention (CDC) recommendations and align with guidance provided by the Florida Department of Health, county health departments. and local medical professionals, and (2) In order to transition to Phase 2 and expand in -person activities in a manner consistent with AOSC20-23, Amendment 2. each appellate court and each trial court must: (a) have met the five benchmark criteria provided in Workgroup's report, Requirements, Benchmarks, and Guidelines Governing the Transition to Linrfred In -Person Contact (Phase 2), (b) have developed an operational plan addressing, at a minimum, implementation of the requirements identified in the Workgroup's report. (c) have consulted with judges, court administrators, justice partners, county administrators, other building occupants, if any, and county health departments or local health experts in developing the operational plan, and (d) have filed the operational plan with the Office of the State Courts Administrator once finalized by the ciuef judge; and WHEREAS, the Courts of the Twentieth Judicial Circuit have been and are currently in that which is essentially equivalent to the Florida Supreme Court's description of Phase I of resuming court proceedings and services. with the intent of proceeding to Phase 11 on or after June 1, 2020, and WHEREAS, in accordance with the Florida Supreme Court's AOSC20-32, and for the benefit of the citizens of the Twentieth Judicial Circuit, and for the purpose of ensuring due process and access to the courts to the greatest extent possible while still ensuring safety from the threat of COV1D-19, an operational plan has been established herein setting forth the benchmarks and phases for the resumption of court proceedings and services to Phase II; W, THEREFORE, in accordance with the authority vested in the Chief Judge Fla. R. Jud. Admin. 2.21 5. and pursuant to the Florida Supreme Court's tive Order AOSC20-32,1. as Chief Judge of the Twentieth Judicial Circuit herebti Packet Pg. 2279 DocuSign Envelope ID: 1ABED815-822F-4897-9332-ACFDA28E17D9 16. H.2.d adopt the below Operational Plan formals establishing Phase I and Phase II of operation and resumption of court proceedings and services, with the intent that court operations and proceedings shall proceed to Phase I1. upon having met all Phase II benchmarks as required by the Florida Supreme Court, effective on or after June 1, 2020. COURTS OF THE TWENTIETH JUDICIAL CIRCUIT OPERATIONAL PLAN FOR RESUMPTION OF COURT PROCEEDINGS AND SERVICES: PHASE I & PHASE II 1. PHASE I — The Courts of the Twentieth Judicial Circuit have been and are currently in that which is essentially Phase I, where in -person contact is inadvisable, access to court facilities is extremely limited, and in -person proceedings are limited to essential or critical court proceedings that cannot otherwise be conducted remotely. A. PHASE 1- ESSENTIAL OR CRITICAL COURT PROCEEDINGS — The following matters are deemed essential or critical court proceedings which the circuit and county courts are required to continue performing during Phase I: 1. First appearance hearings; 2. Criminal arraignments. as necessary; 3. Hearings on motions to set or modify monetary bail for individuals who are in custodv: 4. Juvenile dependency shelter and arraignment hearings. including shelter reviews: 5. Juvenile delinquency detention and arraignment hearings, as necessary; b. Hearings on petitions for temporary injunctions relating to safety of an individual: 7. Hearings on petitions for risk protection orders; 8. Hearings on petitions for the appointment of an emergency temporary guardian. 9. Hearings to determine whether an individual should be involuntarily d d h Bak A t th M hm act cornnvtte un er t e er c or a arc an . , 10. Hearings on petitions for extraordinary writs as necessary to protect r constitutional rights; 11. Hearings on petitions for judicial waiver of notice pursuant to section E ')90.01114(4). Florida Statutes; and 12. Hearings related to the state of emergency or the public health E emergency, including but not limited to proceedings related to violation of quarantine or isolation, violation of orders to limit travel, violation of orders to close public or private buildings, and enforcement of curfew in orders. 21 13. For Jail Management Purposes: Ui • In -custody change of plea hearings that may result in a releasecm from incarceration. • In -custody hearings on motions to modify a sentence that may o result in a release from incarceration. • In -custody VOP Advisement hearings that may result in a plea and release from incarceration. 4 E z Q Can Packet Pg. 2280 DocuSign Envelope ID: 1ABED815-822F-4897-9332-ACFDA28E17D9 16. H.2.d 13. PHASE I - HANDLING OF ESSENTIAL OR CRITICAL COURT PROCEEDINGS 1. Essential or critical court proceedings shall be handled by the divisional judge, magistrate, hearing officer, or duty judge who would normally hear the matter. 2. When possible, essential court proceedings shall be held remotely using communication equipment. 3. However, these essential or critical court proceedings do allow for in - person court appearances as long as all available methods of "social distancing" are being taken to minimize the risk of COVID-19 exposure to individuals involved in the proceedings or the general public. 4. For essential court proceedings involving in -custody defendants, the in - custody defendants shall appear remotely utilizing, communication equipment. No inmate housed in any jail facility is to be transported to any courthouse or court facility absent a written order from the Chief Judge. 5. Baker Act and Marchman Act proceedings may be conducted remotely utilizing communication equipment, as long as the judicial or quasi- judicial officer finds that holding the hearing remotely would not cause a violation of a party`s right to due process. b. For in -person hearings, the only persons allowed in the courtrooms are attorneys, parties, witnesses, court personnel (including deputy clerks and bailiffs) and the media, subject to the approval of the presiding judge and subject to all available "social distancing" methods. 7. In addition, at this time, the only persons (other than employees) allowed entry into the courthouse itself or court facility, for in -person hearings or otherwise, are attorneys, parties, witnesses, court reporters, court interpreters, the media, and persons with official court business. No one shall be permitted to accompany persons who are otherwise allowed in the courthouse, and there shall be no loitering. At a minimum, and in accordance with CDC guidelines, all persons entering any public area of the courthouse or court facility, without exception, shall wear a face mask or appropriate face covering and all efforts shall be made to ensure six -feet of social distancing between all persons (with the exception of persons with children or within a single family unit). Any person, regardless of status, who is exhibiting symptoms consistent with COVID- 19, or any person who has traveled or has knowingly been in contact with another person who is suffering from the effects of the COVID- 19 virus, is prohibited from entering any court facility. Court Bailiffs and local Sheriff Deputies are hereby granted the authority to conduct health screens, conduct no -contact temperature checks, and enforce all social distancing guidelines and to eject persons from courtrooms. courthouses. or court facilities in accordance with this Administrative Order. (The requirements and procedures for screening, social distancing, and face masks/coverings under Phase I1 shall apply equally to Phase I.) Packet Pg. 2281 1 DocuSign Envelope ID: 1ABED815-822F-4897-9332-ACFDA28E17D9 16. H.2.d C. PHASE I - NON -ESSENTIAL OR NON -CRITICAL COURT PROCEEDINGS — The following non -essential or non -critical court proceedings are deemed amendable to being conducted remotely during Phase 1: 1. Alternative dispute resolution proceedings; 2. Status, case management, and pretrial conferences in all case types; 3. Non -evidentiary and evidentiary motion hearings in all case types; 4. Arraignments and pleas in absentia in county court misdemeanor cases; S. Hearings in juvenile delinquency cases; b. Hearings in noncriminal traffic infraction cases; 7. Hearings in involuntary commitment of sexually violent predator cases; 8. Problem -solving court staffings, hearings, and wellness checks; and 9. Non jury trials in all case types, except for: • Criminal cases unless the parties in such case agree to the remote conduct of a non -jury trial; or ■ Termination of parental rights or juvenile delinquency cases, unless the chief judge or the presiding judge in the case determines that the non jury trial should proceed remotely. 1). PHASE I - HANDLING OF NDN-ESSENTIAL OR NON -CRITICAL PROCEEDINGS 1. Non -essential or non -critical court proceedings shall be handled by the divisional judge, magistrate, hearing officer. or duty judge who would a, normally hear the matter. 2. All of the above -listed non -essential or non -critical court proceedings e shall proceed and shall be held to the fullest extent possible. E 3. In accordance with the directive of the Florida Supreme Court. each of the N above -listed non -essential or non -critical proceedings shall be conducted a using telephonic or other electronic means available, unless a judge 00 determines that remote conduct of the proceeding is inconsistent N ith the LO United States or Florida Constitution, a statute or a rule of court that has CD not been suspended by administrative order or would be infeasible because N the court, the clerk, or other participant in a proceeding lacks the *k technological resources necessary to conduct the proceedings or, for reasons directly related to the state of emergency or the public health E emergency, lacks the staff resources necessary to conduct the proceeding. 4. The above -listed non -essential or non -critical proceedings shall not be E conducted through in -person hearings. CD E. PHASE I —JURIES —In accordance with the directives of the Florida Supreme in Court, all grand jury proceedings, jury selection proceedings, and criminal and 21 civil jury trials are to remain suspended through July 2, 2024, or through such Ui other date established by further order of the Florida Supreme Court. N ti c as E 5 a Packet Pg. 2282 DocuSign Envelope ID: 1ABED815-822F-4897-9332-ACFDA28E17D9 16. H.2.d II. PHASE II -- Upon meeting the five benchmarks established in AOSC20-32, the courts of the Twentieth Judicial Circuit shall transition to Phase II, where limited in -person contact is authorized for certain purposes and/or requires use of protective measures. To the extent possible, the courts of the Twentieth Judicial Circuit will continue to use technology, such as teleconferencing and videoconferencing, and will continue to explore additional technology to facilitate the remote conduct of proceedings as an alternative to in -person proceedings so as to limit and minimize person -to -person contact. A. PHASE II — TRANSITIONING CRITERIA — FIVE BENCHMARKS — In accordance with the five benchmarks established by the Florida Supreme Court in AOSC20-32, which is consistent with the criteria utilized by the White House (Opening Up America Again plan), Governor DeSantis (Re -Open Florida), the CDC, and the U.S. Courts, the following criteria shall be met prior to the Courts of the Twentieth Judicial Circuit transitioning to Phase il. No confirmed or suspected cases of COVID- 19 in the court facility within a 14-day period; or confirmed or suspected cases have occurred in the court facility but deep cleaning of exposed areas and applicable employee self -quarantine actions have been taken. • Lee County — there have been no confirmed or suspected cases of COVID- 19 in the court facility within the past 14 days, or in response to any confirmed or suspected cases, deep cleaning of exposed areas and applicable employee self -quarantine actions have been taken — CRITERIA MET. • Collier County — there have been no confirmed or suspected cases of COVID-I in the court facility within the past 14 days. or in response to any confirmed or suspected cases. deep cleaning of exposed areas and applicable employee self -quarantine actions have been taken — CRITERIA MET. • Charlotte County — there have been no confirmed or suspected cases of COVID-19 in the court facility within the past 14 days, or in response to any confirmed or suspected cases, deep cleaning of exposed areas and applicable employee self -quarantine actions have been taken -- CRITERIA MET. • Hendry County — there were 2 confirmed or suspected cases of COVID-19 in a non -court entity within the Hendry County Courthouse, and deep cleaning of exposed areas is expected to take place on Friday, May 29`h or Saturday, May 3)Oth. If this action is completed as required. this criteria will be deemed met. If not. Hendry County courts are not permitted to proceed to Phase II until this criteria is confirmed to have been met — CRITERIA CONDITIONALLY MET. • Glades County — there have been no confirmed or suspected cases of COVID-19 in the court facility within the past 14 days, or in response to any confirmed or suspected cases, deep cleaning of exposed areas and applicable etnplovee self -quarantine actions have been taken — CRITERIA MET. (_X� ' ' ' " Packet Pg. 2283 DocuSign Envelope ID: 1ABED815-822F-4897-9332-ACFDA28E17D9 16. H.2.d 2. Rescission of local and state restrictive movement and/or stay-at-home orders. Lee County — on April 29, 2020, the Governor of the State of Florida issued Executive Order 20-112. initiating Phase 1 of the "Safe. Smart. Step -by -Step. Plan" for Florida's Recovery, and on May 14, 2020, the Governor of the State of Florida issued Executive Order 20-123, bringing all Florida counties into Full Phase 1. There are currently no state or local orders that would restrict movement and there are currently no stay-at-home orders in place — CRITERIA MET. Collier County — on April 29, 2020, the Governor of the State of Florida issued Executive Order 20-112, initiating Phase 1 of the "Safe. Smart. Step -by -Step. Plan" for Florida's Recovery, and on May 14, 2020, the Governor of the State of Florida issued Executive Order 20-123, bringing all Florida counties into Full Phase 1. There are currently no state or local orders that would restrict movement and there are currently no stay-at-home orders in place — CRITERIA MET. Charlotte County — on April 29, 2020, the Governor of the State of Florida issued Executive Order 20-112, initiating Phase 1 of the "Safe. Smart. Step -lay -Step. Plan" for Florida's Recovery, and on May 14, 2020, the Governor of the State of Florida issued Executive Order 20-123, bringing all Florida counties into Full Phase 1. There are currently no state or local orders that would restrict movement and there are currently no stay-at-home orders in place — CRITERIA MET. Hendry County — on April 29, 2020, the Governor of the State of Florida issued Executive Order 20-112, initiating Phase 1 of the "Safe. Smart. Step -by -Step. Plan" for Florida's Recovery, and on May 14. 2020, the Governor of the State of Florida issued Executive Order 20-123. bringing all Florida counties into Full Phase 1. There are currently no state or local orders that would restrict movement and there are currently no stay-at-home orders in place — CRITERIA MET. r c • Glades County -- on April 29, 2020. the Governor of the State of Florida issued Executive Order 20-112, initiating Phase 1 of the "Safe. Smart. Step -by -Step. Plan" for Florida's Recovery, and on May 14, 2020, the Governor of the State of Florida issued Q Executive Order 20-123, bringing all Florida counties into Full Phase 1. There are currently no state or local orders that would restrict movement and there are currently no stay-at-home orders N in place — CRITERIA MET. U_ 3. Improving COVID-19 health conditions over a 14-day period in the N community, including conditions such as the number of confirmed ti 00 COVID- 19 cases and related deaths in relation to a community's population density, downward trajectory of positive tests as a percent of total tests, size of particularly vulnerable populations, and availability of medical facilities including emergency and intensive care capacity. ]r "a. Packet Pg. 2284 DocuSign Envelope ID: 1ABED815-822F-4897-9332-ACFDA28E17D9 16. H.2.d Lee County — Having tracked available COVID-19 data from the Florida Department of Health dashboard, the Daily Florida Disaster Report, and the daily DOH reports for Lee County over a 15-day period from May 13, 2020 through May 27, 2020, there appears to be an overall downward trajectory of new cases and positive cases as a percent of total tests administered in Lee County, hence reflecting improved COVID-19 health conditions -- CRITERIA MET. Collier County — Having tracked available COVID-19 data from the Florida Department of Health dashboard, the Daily Florida Disaster Report, and the daily DOH reports for Collier County over a 15-day period from May 13, 2020 through May 27, 2020, there appears to be an overall downward trajectory of new cases and positive cases as a percent of total tests administered in Collier County, hence reflecting improved COVID-19 health conditions — CRITERiA MET. Charlotte County — Having tracked available COVID- 19 data from the Florida Department of Health dashboard, the Daily Florida Disaster Report, and the daily DOH reports for Charlotte County over a 15-day period from May 13, 2020 through May 27, 2020, there appears to be an overall downward trajectory of new cases and positive cases as a percent of total tests administered in Charlotte County, hence reflecting improved COVID-19 health conditions — CRITERIA MET. Hendry County — Having tracked available COVID-19 data from the Florida Department of Health dashboard, the Daily Florida Disaster Report, and the daily DOH reports for Hendry County over a 15-day period from May 13, 2020 through May 27, 2020, there appears to be an overall downward trajectory of new cases and positive cases as a percent of total tests administered in Hendry County, hence reflecting improved COVID-19 health conditions — CRITERIA MET. Glades County — Having tracked available COVID-19 data from the Florida Department of Health dashboard. the Daily Florida Disaster Report, and the daily DOH reports for Glades County over a 15-day period from May 13, 2020 through May 27, 2020, there appears to be an overall downward trajectory of new cases and positive cases as a percent of total tests administered in Glades County, hence reflecting improved COVID-19 health conditions — CRITERIA MET. 4. Adequate testing programs in place, increased availability of COVID-19 tests, and emerging antibody testing. Lee County — Current Testing Sites — CRITERIA MET. CenturyLink Sports Complex in Fort Myers (State supported testing site) r Lee Convenient Care - Page Field in Fort Myers Walmart on Lee Blvd. in Lehigh Acres Lee County Department of Health on Michigan Avenue in Fort Packet Pg. 2285 DocuSign Envelope ID: 1ABED815-822F-4897-9332-ACFDA28E17D9 16. H.2.d Myers ➢ Walmart parking lot located on Pine Island Road in North Fort Myers Walmart parking lot located on Colonial Boulevard in Fort Myers Collier County — Current Testing Sites —CRITERIA MET. Physicians Regional - Collier Boulevard in Naples ➢ EPN Urgent Care in Naples ➢ Telford Auditorium in downtown Naples Charlotte County — Current Testing Sites — CRITERIA MET. ➢ Charlotte Sports Park in Port Charlotte MedExpress in Port Charlotte Hendry and Glades Counties — Current Testing Sites —CRITERIA MET. ➢ Hendry County Health Department in Clewiston Hendry County Health Department in LaBelle ➢ Glades County Health Department in Moore Haven ➢ Forbes Family Medicine in Clewiston r Hendry Convenient Care in LaBelle Florida Community Health Centers in Clewiston Hendry Regional Medical Center in Clewiston Consultation with other building occupants and with justice system partners (including, but not limited to, clerk of court. state attorney, public defender, law enforcement, local bar, and others necessary to resume certain case types, such as the Department of Children and Families). + Since mid -March, the Chief Judge of the Twentieth Judicial Circuit has held weekly telephone conferences every Friday at noon to provide information and to discuss pandemic related issues and solutions, most recently including the transition from Phase I to Phase II. Participants include, representatives from all five counties. including Administrative Judges, court managers, the State Attorney, the Public Defender, the Regional Counsel. Clerks, County staffladministrators, County Sheriffs, Department of Children and Families, Department of Corrections. and representatives of the private bar. A subcommittee was created to make recommendations to the Chief Judge, and the subcommittee included the State Attorney, the Public Defender, the Regional Counsel, representatives of the private bar, the Clerks, and the Trial Court Administrator. Prior to the weekly telephone conference held on Friday, May 22, 2020, participants were provided with a copy of AOSC24-32. and the telephone conference included discussions of preparations for proceeding to Phase 11, and questions and input were invited. Recommendations by the subcommittee have been made throughout this process and, most recently, have been made as to which limited in -person hearings should be prioritized once the Courts transition to Phase 1I — CRITERIA MET. IR Packet Pg. 2286 DocuSign Envelope ID: 1ABED815-822F-4897-9332-ACFDA28E17D9 16. H.2.d B. PHASE II — OPERATIONAL PLAN — In developing this operational plan, the following county health departments and/or local health experts have been consulted as to the content of this Operational Plan and have indicated no objections: ■ Lee County -- Angela M. Smith, BS. MHA, Administrator of the Florida Department of Health in Lee County (DOH -Lee). • Collier County — Kristine Hollingsworth, Assistant to the Administrator, on behalf of Stephanie Vick, M.S., B,S.N., R.N. Administrator of the Florida Department of Health in Collier County (DOH -Collier). • Charlotte County — Dr. Joseph Pepe, Ed. D., MSA, Administrator of the Florida Department of Health in Charlotte County (DOH - Charlotte). ■ Hendry County - Dr. Joseph Pepe, Ed. D., MSA, Administrator of the Florida Department of Health in Hendry County (DOH -Hendry). • Glades County Dr. Joseph Pepe, Ed. D., MSA, Administrator of the Florida Department of Health in Glades County (DOH -Glades). 1. Remote Hearings — To the extent possible, all essential/critical and non- essential/non-critical proceedings shall be conducted remotely via teleconferencing, videoconferencing, or other means, unless litigants or other court participants are unable to successfully participate in a remote hearing for reasons beyond the court's control. Hybrid hearings (concurrently in -person and remotely) may be conducted, if appropriate. To the extent possible and for the purpose of promoting consistency. judges within the same division should make every effort to establish uniform procedures and forms necessary for conducting remote hearings Remote Work — The Administrative Office of the Courts of the Twentieth 00 Judicial Circuit is unique in that it manages more programs and offers o more comprehensive self-help programs than most other circuits. v Resources to allow remote work are limited. Accordingly, the Trial Court N Administrator will necessarily consider requests from employees to work - from -home on a limited and case -by -case basis, with particular a consideration given to employees who are vulnerable based on health conditions or age. The Administrative Office of the Courts fully complies with the new federal Families First Coronavirus Response Act (FFCRA). a the Emergency Paid Sick Leave Act (EPSLA), and the Emergency Family CD and Medical Leave Expansion Act (EFMLEA), and information has been a, provided to all employees of the Administrative Office of the Courts on in these new leave types. Employees with questions are encouraged to 21 contact Human Resources for further guidance. Ui Health and Safety Screening N ti a) The Administrative Office of the Courts of the Twentieth Judicial 00 Circuit will take all reasonable precautions to ensure that no one enters the courthouses or court facilities of the Twentieth Judicial Circuit when there is a likelihood that they may have COVID-19. a I] r* Packet Pg. 2287 DocuSign Envelope ID: 1ABED815-822F-4897-9332-ACFDA28E17D9 16. H.2.d b) The CDC lists the most common symptoms of COVID-19 to include: • Cough • Shortness of breath or difficulty breathing • Fever • Chills ■ Muscle pain • Sore throat • New loss of taste or smell. 0 The CDC has defined "fever' as subjective fever (feeling feverish) or a measured temperature of 100.4 degrees F (38 degrees C) or higher. d) All judges, judicial staff, and employees who work within any courthouse or court facility, regardless of the agency or entity for which they work, shall self -check for symptoms of CDVID-19. If any such person presents any of the symptoms of COVI❑-19, they must not report to work within any courthouse or court facility, and should contact their supervisor and should consult their doctor or other medical professional. e) All others entering any courthouse or court facility, without exception, are required to undergo a health screening with a no - contact temperature check. The screening shall be conducted by court security (either employees or contract court security representatives) or by deputies responsible for the normal screening of persons entering the courthouse or court facility. In addition to a no -contact temperature check, the screening shall include the following questions: uestion 1: D❑ you have any of the following symptoms (excluding those due to a known medical reason): Cough > Shortness of breath or difficulty breathing > Chills Muscle pain > Sore throat ➢ New loss of taste or smell ■ Question 2: Are you currently awaiting the results of a test to determine if you have CQVID- 19? • Question 3: Are you under instructions to self -isolate or quarantine due to CDVID- 19? • Ouestion 4: Have you had close contact with someone with a CQVID- 19 diagnosis or who is awaiting test results for COVID-19? • Ouestion 5: Have you travelled to an area with a notably high concentration of CDVID-19 cases? f} Any person who has a fever of 100.4 degrees F or greater, answers affirmatively to any of the symptoms in Question 1, or answers affirmatively to Questions 2, 3, 4 or 5 shall not be allowed to enter the courthouse or court facility. Likewise, any person who fails to 12 Packet Pg. 2288 DocuSign Envelope ID: 1ABED815-822F-4897-9332-ACFDA28E17D9 16. H.2.d cooperate by refusing to allow a no contact temperature screening, refusing to answer any of the questions, or otherwise refusing to comply with any other requirements or guidelines (i.e. wearing a face mask or appropriate face covering), shall not be allowed to enter the courthouse or court facility. Such persons refused entry shall be re -directed to a designated employee of the Administrative Office of the Courts stationed at or near the entrance to the facility for the purpose of assisting the person in making alternative arrangements in lieu of entry into the facility. The designated employee assisting shall first complete a form identifying the person denied entry, the reason given for seeking entry into the facility, and, to safeguard against the release of sensitive health information, solely whether the person was denied entry (1) based on refusal to cooperate or otherwise comply with the guidelines, or (2) based on the screening/ temperature check. Further details as to the reason for denial of entry shall not be included on the form. The designated employee shall then offer to assist the person refused entry with alternative arrangements, such as providing phone numbers or contact information so that the person denied entry can handle their business over the phone or remotely, contacting the courtroom or judicial office to report that the person has been denied entry, rescheduling a hearing, or other means as may be appropriate. g) Inmates or detainees from jail and juvenile facilities who may be transported to a courtroom are to be screened as above by the jail or juvenile facility prior to transport to any courthouse or court facility. No inmate or detainee who fails to pass the screening questions or temperature check, or who refuses to cooperate or otherwise comply with the guidelines, shall be admitted into any courthouse or court facility, and the jail or juvenile faciIit), shall notify the court. h) Court Bailiffs and local Sheriff Deputies are hereby granted the authority to screen and eject persons from courtrooms, courthouses, or court facilities in accordance with this Administrative Order. Social ❑istancin� a) Current CDC social distancing guidelines recommend staying at least six feet from other people.' b) The Administrative Office of the Courts of the Twentieth Judicial Circuit will take all reasonable precautions and efforts to ensure that the CDC recommendation of maintaining six feet of social distance is enforced within all courthouses and court facilities. c) Social distancing requirements shall apply in all areas of courthouses and court facilities, including areas of private circulation. Specifically, social distancing shall be practiced in lot be strictly applied to persons of a single family unit or household. 13 �711 Packet Pg. 2289 DocuSign Envelope ID: 1ABED815-822F-4897-9332-ACFDA28E17D9 16. H.2.d public common areas, galleries and wells of the courtrooms, hallways, elevators, restrooms, or other locations where the public may gather. d) Where practicable and appropriate, areas of the courthouse or court facility will be reconfigured and chairs, benches or other furniture will be removed or taped off so as to facilitate and enforce social distancing. Likewise, in areas where people may be required to stand in lines, such as security screening areas or self-help offices maintained by the Administrative Office of the Courts, markings will be placed on the floor so as to designate the required six feet of social distancing. e) The galleries of all courtrooms in the Twentieth Judicial Circuit have been measured and the seating has been marked so as to ensure the required six feet of social distancing. In addition, a revised maximum capacity has been established and posted for all courtrooms and provides the maximum number of people allowed in the gallery of each courtroom at any one given time so as to allow for proper social distancing. This maximum capacity applies specifically to the gallery of each courtroom, and does not include judges, deputy clerks, bailiffs, court reporters or others within the well or bench area of the courtroom (i.e. attorneys and parties before the court at that time). The revised maximum capacities for the galleries of all courtrooms shall be strictly enforced. People scheduled to appear in person before the court may be asked to wait outside of the courtroom until their case is called. Social distancing while waiting outside of a courtroom shall also be strictly enforced. fj So as to further facilitate social distancing, persons allowed in the courtrooms will be limited to those essential to the proceedings. Family members and friends who are not essential to the proceedings will not be allowed into the courtrooms, and are encouraged to not enter the courthouse or court facility at all. g) All efforts shall be taken to schedule in -person hearings on a staggered schedule so as to minimize the potential of exceeding the social distancing capacity in common areas such as hallways. restrooms, and elevators. h) Court Bailiffs and local Sheriff Deputies are hereby granted the authority to enforce all social distancing guidelines and to elect persons from courtrooms, courthouses, or court facilities in accordance with this Administrative Order. flvaiene Protocols and Personal Protective C ui ment PPE a) Hygiene protocols such as hand washing and covering coughs and sneezes will be encouraged and enforced. b) Visible signage in, at a minimum, English and Spanish and in compliance with the ADA. will be readily posted through all courthouses and court facilities reminding individuals of hygiene protocols, including hand washing, as well as social distancing, directional guidance and any changes to processes due to the 14 *c� Packet Pg. 2290 DocuSign Envelope ID: 1ABED815-822F-4897-9332-ACFDA28E17D9 16. H.2.d pandemic, c) Hand sanitizer will be widely available for use throughout the courthouses and court facilities, including inside courtrooms. d) Face masks or appropriate face coverings are required for everyone entering the courthouse or court facilities, including judges, court staff, and employees of ali other occupants of the courthouse or Gourt facility, with no exceptions. Face masks or appropriate face coverings shall be worn at all times throughout the courthouse and court facilities, including inside courtrooms. e) Judges. court staff, and employees of all other occupants of the courthouse or court facility do not have to wear a mask in their private chambers or office as long as social distancing is possible. If they do not have a private office, and ample social distancing is not observed, a face mask or appropriate face covering shall be worn while at their desk. f) If visitors with official court business do not have a face mask or appropriate face covering, one will be provided to them at no cost, for as long as supplies last. The Administrative Office of the Courts will continue to diligently seek and procure an adequate supply of face masks, but there is much uncertainty as to the availability of all PPE. If the supply of masks has been exhausted and the visitor does not otherwise have a face mask or appropriate face covering, admittance will be denied. Admittance will likewise be denied to any person who refuses to wear a face mask or appropriate face covering. g) Face shields will be available for those participants involved in a court proceeding where facial expressions or features must be observed or where audio is hampered and jeopardizes the creation of an accurate court record. h) To the extent that health experts have noted that proper hand hygiene is generally preferable to gloves, the wearing of protective gloves is not required within the courthouses or court facilities, though it is encouraged for certain tasks requiring direct contact. such as bailiffs taking fingerprints of a defendant. i) CDC guidance on cleaning and disinfecting public spaces, workplaces, and other public locations shall be followed in all areas of the courthouses and court facilities publically accessible. 'This CDC guidance is available at: htt s://\vAu.cdc. ovlcoronavirus/2019-ncov/community/reo en- guidance.html. j) Other agencies or entities within the courthouses or court facilities will be responsible for enforcing these hygiene protocols within their own areas of operation. The Administrative Office of the Courts will not provide signage, hand sanitizer, or face masks for other agencies or entities, or the employees or agents of those other agencies or entities. k) Contractors of the Administrative Office of the Courts will be responsible for providing their own face mask or appropriate face covering. 15 Packet Pg. 2291 DocuSign Envelope ID: 1ABED815-822F-4897-9332-ACFDA28E17D9 16. H.2.d 6. Judge and Court Staff Trainin — To the extent that training or other technical assistance to judges and court staff is necessary on changes required by the operational plan, such training or technical assistance will be provided by the Administrative Office of the Courts. 7. Vulnerable Populations a) Vulnerable individuals are those overage 65 and individuals with serious underlying health conditions, such as high blood pressure, chronic lung disease, diabetes, obesity, astluna, and those whose immune systems are compromised such as by chemotherapy for cancer or other conditions requiring such therapy. b] If an in -person hearing is scheduled, and a person who meets the above definition of a "vulnerable individual" wishes to request an accommodation to avoid an in -person appearance, that person shall file a motion with a copy to the appropriate judicial office and all counsel or parties of record. The parties may stipulate to the granting of the motion, or a telephonic or videoconference hearing on the motion should be scheduled by the judicial office. c) When feasible and where due process rights are not negatively impacted, and if good cause is shown, a motion requesting accommodations should be granted to reduce the need for vulnerable individuals to appear in -person at the courthouse. d) If good cause is shown. but granting the requested accommodation is not feasible or would impact the right to due process, a non- essential or non -critical hearing should be continued. If the hearing is essential or critical, the judge and parties, with the assistance of the Administrative Office of the Courts, shall make every effort to schedule and conduct the in -person hearing in a manner so as to provide the maximum available safety precautions and social distancing, for example, providing a special set hearing, eliminating all other persons from the gallery of the courtroom. or providing a hybrid -type of accommodation. Courthouse Facility and Security a) Exterior • Queuing areas AU be established outside of the entrances of courthouses and court facilities with markings at six-foot intervals to serve as social distancing aids. • Directional signage will be provided, if necessary. b) Interior • If necessary, interior queuing areas at security checkpoints will be reconfigured so as to facilitate social distancing. • Interior queuing areas at security checkpoints will have markings at six-foot intervals to serve as social distancing aids. • Only persons with scheduled proceedings, appointments or official court business will be allowed into the courthouses or court facilities. Family members or friends who are not essential to the proceeding or court business are strongly 16 Packet Pg. 2292 DocuSign Envelope ID: 1ABED815-822F-4897-9332-ACFDA28E17D9 16. H.2.d discouraged from entering the courthouses or court facilities, and should preferably wait outside. Bringing children to the courthouses or court facilities is likewise discouraged, if possible. Depending upon capacity and the number of people already in the courthouse or court facility, family members or friends may be denied entrance so as to ensure social distancing within the courthouse or court facility for those who are essential to the proceedings or court business. Persons with scheduled proceedings or appointments shall not enter the courthouse or court facility more than ten minutes prior to their scheduled proceeding or appointment. and shall immediately leave the building upon conclusion of their scheduled proceeding or appointment or other court lousiness. There shall be no loitering within any courthouse or court facility. Social distancing shall be observed by employees in all break rooms or lunch rooms. If social distancing cannot be achieved, the use of break rooms or lunch rooms may be limited or prohibited at the discretion of the Trial Court Administrator. Physical barriers, such as sneeze guards and partitions already exist or shall be installed in spaces where an employee might come into close contact with large numbers of people, such as information desks or self-help windows. ■ The number of persons allowed in shared restrooms at any given time, both public and employee, shall be limited by the number of enclosed stalls. Persons shall not wait or loiter within any shared restroom, and shall, to the extent possible, practice social distancing of six -feet. if an adult or adults have children with thetas, the persons allowed in any shared restroom shall be limited to that single family group. • The number of persons allowed in any elevator at any given time, both public and employee, shall be limited to Mo adults. If an adult or adults have children with them, the persons allowed in any elevator shall be limited to that single fancily group. c) Security ■ If needed, security screening stations shall be reconfigured so as to facilitate social distancing requirements. ■ Health screenings and no -contact temperature checks shall be conducted by court security (either employees or contract court security representatives) or by deputies responsible for the normal screening of persons entering the courthouse or court facility. ■ Court Bailiffs and local Sheriff Deputies are hereby granted the authority to enforce all social distancing guidelines and the wearing of face masks or appropriate face covers and to W1 Packet Pg. 2293 DocuSign Envelope ID: 1ABED815-822F-4897-9332-ACFDA28E17D9 16. H.2.d eject persons from courtrooms, courthouses, or court facilities in accordance with this Administrative Order. 9. Cleaning and Disinfectin a) The Administrative Office of the Courts shall maintain a supply of hand sanitizer and disinfecting wipes and shall make them available to employees and throughout the courthouse. including courtrooms. b) Each county of the Twentieth Judicial Circuit has contractors to provide cleaning services to the buildings in which the courthouses or court facilities are located. Those contractors are to clean and disinfect high traffic areas and frequently touched surfaces multiple times per day, including restrooms. elevators, and entry doors, with enhanced nightly cleaning and disinfecting of public areas. c) Employees are encouraged to clean or disinfect shared equipment. such as copiers, before every use. d) Disinfecting wipes will be available in the courtrooms at counsel tables and podiums to be used by counsel or parties to clean shared surfaces. C. PHASE II -PRIORITY OF_NON-ESSENTIAL O R NON -CRITICAL PROCEEDINGS —To the extent possible. during Phase I1, all essential/critical and non-essentiallnon-critical proceedings shall be conducted remotely via teleconferencing, videoconferencing, or other means. However, where non- essential court proceedings cannot be effectively or successfully conducted remotely, below is the priority in which the trial court should conduct in -person or hybrid hearings.2 Prior to scheduling in -person non -essential or non -critical court proceedings, judges shall consult with their Administrative Judge, who shall review and coordinate the priority of requested in -person dockets within their division to avoid contemporaneous court events, minimize overcrowding, and ensure social distancing measures to the fullest extent possible. 1. Civil N a) Petitions to determine incapacity and other guardianship matters. b) Authorized ex parte matters, e.g., administrative, emergency, or E settlement matters. as c) Cases in which a statutory timeframe may soon expire. E d) Actions subject to summary procedure under Chapter 51, Florida Statutes. e) Claims of exemption from a garnishment of wages. f) Approvals of settlements, structured settlements (e.g., annuities), and transfers of structured settlement payment rights. M N ' Each case is often unique on its own facts and. similarly, each of the proceedings listed may be qualitatively different from one case to the next. For these reasons, the priority of any given case listed herein may be dictated by ao ing, but not limited to, the nature of the underlying charge, the stage or case, or the potential based on the outcome of the proceeding. Accordingly, the presiding judge shall have discretion in -iority of any given case listed herein based on the above referenced factors. E t c� -- Q 18 Packet Pg. 2294 DocuSign Envelope ID: 1ABED815-822F-4897-9332-ACFDA28E17D9 16. H.2.d Family Law[Unified Family' Court a) Termination of parental rights trials, advisory hearings, and dependency arraignment hearings. The presiding judge shall have discretion as to the order in which the cases are tried with considerations that include, but are not limited to, the length of time the child has been in care, the age of the child, or the number of people involved in the case. b) Juvenile delinquency trials. The presiding judge shall have discretion as to the order in which the cases are tried. c) Child Support Contempt Hearings. Efforts shall be made to limit the number of cases that are set for each docket with the appropriate amount of time set between each hearing in order to limit congestion in the courtroom or hallways. d) Other family law court hearings that do not use mass calendar docketing, e.g., final judgments for dissolution of marriage, name changes, adoptions, or evidentiary hearings. 3. Criminal3 a) Sentencings or violation of probation or violation of community control hearings. b) Pleas, including out -of -custody pleas. c) Evidentiary hearings. d) Motions to dismiss (e.g., C4, double jeopardy, or defect). e) Motions related to custody (e.g., pretrial detention, non -adversarial probably cause, adversarial preliminary hearings, 33-day motions, or post -trial release). f) Motions to suppress, if dispositive. g) Motions related to evidence, if dispositive (e.g., Williams rule/sex crimes, motions in limine, or Daubert issues) h) Stand Your Ground hearings. i) Motions and hearings (except status hearings) related to incompetence, mental health experts, intellectual disability, or insanity. j) Motions relating to indigent for costs or to appoint mitigation experts. k) Jimmy Ryce Act Proceedings (except for trial proceedings) workgroup provided recommendations as to which non-essemial in -person criminal proceedings should hi est priority. The tap three priorities should be given to: Violation of Probation Hearings, Out -of - and all Evidentiary hearings. Even though the Florida Supreme Court workgroup also created a Miiatst for proceedings of medium and lowimportance, those proceedings are not at this time included as ion Plan For the Courts of the Twentieth Judicial Circuit for Phase 11. 19 Packet Pg. 2295 DocuSign Envelope ID: 1ABED815-822F-4897-9332-ACFDA28E17D9 16. H.2.d I1I. GENERAL PROVISIONS A. All other remedial treasures established by the Florida Supreme Court or by this local Administrative Order shall remain in effect until vacated or superseded by subsequent order by either this Court or the Florida Supreme Court. B. This second amended Administrative Order supersedes the original and first amended Administrative Order and all of this Court's subsequently issued memorandums relating to COVID-19. and shall be effective immediately and shall remain in effect unt'sl the dates established herein or until superseded by further order of this Court or the Florida Supreme Court. DONE AND ORDERED in chambers in Fort Myers, Lee County, Florida, this rr' day of 2020. Michael T. McHugh Chief Judge History. -- Administrative Order 2.39 (March 18, 2020): Administrative Order 2.39 (amended May 8, 2020) '[1 C N E t V fC a+ Q Packet Pg. 2296 DocuSign Envelope ID: 1ABED815-822F-4897-9332-ACFDA28E17D9 16. H.2.d Attachment D Procedures 1. The Twentieth Judicial Circuit Court Administration {"Court Administration") will work directly with G4S to establish written procedures that align with Judicial Administrative Order No. 29, the Centers for Disease Control's ("CDC") guidelines and all applicable federal, state, and local laws. Those written procedures shall include at a minimum: a. The manufacturer's instructions for operating the temperature screening equipment. b. Guidelines on the acceptable and unacceptable temperature ranges for individuals to enter the facility. C. Procedures for what the G4S security officer should do if: (i) an individual refuses to be screened; (ii) an individual's temperature exceeds the acceptable range established in the CDC guidelines; (iii) the officer is unable to get a reading from the temperature screening equipment or if the reading is inconclusive; or (iv) if there is a malfunction with the equipment, including the name and contact information for a Court Administration employee onsite that is authorized, and required to, immediately respond to these situations. d. Procedures on storage and disposal of equipment. e. Procedures for the safety and security of the G4S security officers including physical controls and barriers and procedures and supplies for hand washing and cleaning of surrounding, areas in accordance with OSHA guidelines and coordinated through Collier County Facilities Management. f. Any documentation necessary for the performance of the Additional Screening Services. g. G4S security officers will not physically detain or physically prohibit an individual from entering or exiting the facility because he or she refuses to submit to screening or otherwise does not meet the acceptable range articulated by Court Administration. Should detainment be necessary G4S will notify the appropriate Sheriff's Office staff. Equipment 2. Court Administration agrees to provide all screening equipment necessary for the performance of these services and all Personal Protection Equipment ("PPE") recommended for the G4S Security Officers including face shields, gloves, and hand sanitizers. Court Administration shall remain responsible for the calibration, maintenance, repair, replacement and disposal of all temperature screening equipment. Court Administration shall provide the appropriate training and documentation for use of the equipment. All of the time 64S personnel spends in the fit testing (if applicable), training and other associated time will be billed to County at the applicable bill rate per the Exhibit B Fee Schedule attached to Agreement No. 18-7429. Representations and Warranties 3. G4S is acting as an independent contractor working on behalf of the County and is performing the Additional Screening Services in that capacity. Packet Pg. 2297 DocuSign Envelope ID: 1ABED815-822F-4897-9332-ACFDA28E17D9 16. H.2.d 4. Court Administration shall be responsible for procuring the necessary consents of any parties to be subjected to the Additional Screening Services. Court Administration hereby authorizes G4S personnel to verbally deny entry to the facility if the person's body temperature is detected to be at or above the threshold level designated by Court Administration for denial of admittance and pursuant to Administrative Order 2.39, as amended. Court Administration shall make the following disclosure (or something similar) highly visible to all individuals entering the premise: "This Facility is screening for persons with fever but cannot determine if someone has contracted Covid-19 or any other particular disease. Staff is instructed to deny entry to any person who has a body temperature of or above 140.4 degrees Fahrenheit." 5. Court Administration acknowledges that the Additional Screening Services are intended only to test whether a person's temperature exceeds the maximum level established by the CDC, NIH, or other controlling authority. Although COVIDD-19 is prevalent, it can he asymptomatic. Thus, the Screening Services may not identify a person who is infected with the COVID-19 virus, or prevent an infected person from entering the Collier County Courthouse and the Courthouse Annex/employee entrance (the "Facility"). A body temperature above the established level is not a declaration that a person is infected by the COVID-19 virus. A body temperature below the established level is not a declaration that a person is not infected by the Covid-19 virus or any other disease. 6. To the fullest extent permitted by law, G4S does not warrant that the performance of the Additional Screening Services shall be uninterrupted or error -free. In particular, G4S shall not be liable for any false or incorrect readings produced by the equipment. Any condition, warranty or other term concerning the equipment that might otherwise be implied, whether by statute, common law or otherwise, is expressly excluded. 7. The Parties are aware that the Public Readiness and Emergency Preparedness Act ["PREP Act") provides covered persons with immunity from suit and liability under Federal and State law with respect to all claims for loss caused by, arising out of, relating to, or resulting from the administration to or the use by an individual of a covered countermeasure. See 42 U.S.C.A. § 247d- 6d. To the extent that Court Administration is recognized as a program planner under the PREP Act, G4S is acting at the direction of Administrative Order No. 2.39, as amended, for purposes of providing temperature screening as a covered countermeasure designed to reduce or combat the spread of COVID-19, a recognized pandemic. The Additional Screening Services provided by G4S are part of the good faith emergency actions taken in response to public health declarations, recommendations from authoritative health authorities like the CDC, and/or governmental orders in an effort to protect the health of the County, its employees and visitors to the Facility. 8. The foregoing shall not constitute an agreement by either party to assume any liability of any kind for the acts, omissions, and/or negligence of the other party, its officers, officials, employees, agents, or contractors. Nothing herein is intended to serve as a waiver of sovereign immunity by County and its rights and limits of liability existing under Section 768.28, Florida Packet Pg. 2298 DocuSign Envelope ID: 1ABED815-822F-4897-9332-ACFDA28E17D9 16. H.2.d Statutes or of any theory of limited liability that G4S' may assert or be entitled to under State or federal law. Staffine and Applicable Rates 9. No additional fees shall be billed for the performance of these additional temporary services by existing G4S personnel; rather the County will continue to be billed for security personnel provided at the applicable contracted rates, per the Exhibit B fee schedule attached to Agreement No. 18-7429. 14. If G4S is required to bring in additional, temporary security personnel to perform Additional Screening Services due to staffing shortages at the Facility or as a result of a request from County, G4S will make commercially reasonable efforts to provide additional personnel, including subcontractor personnel, but shall not be penalized under any contract provisions for failure to meet additional staffing requests No additional security personnel will be provided and billed for without the written approval of the County. Term and Termination 11. The anticipated term for providing the Additional Screening Services under this Amendment shall remain in effect during the duration of Administrative Order 2.39, as amended. Packet Pg. 2299 Certificate Of Completion Envelope Id: 1ABED815822F48979332ACFDA28El7D9 Subject: Please DocuSign: Second Amendment G4 Solutions.pdf Source Envelope: Document Pages: 25 Signatures: 3 Certificate Pages: 2 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-05:00) Eastern Time (US & Canada) Record Tracking Status: Original 6/20/2020 3:40:05 PM Security Appliance Status: Connected Storage Appliance Status: Connected Signer Events Drew Levine drew.levine@usa.g4s.com President, G4S Secure Solutions — North America G4S Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sandra Herrera Sandra.Herrera@Colliercountyfl.gov Procurement Director Collier County Board of County Commissioners Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Scott R. Teach Scott.Teach@colliercountyfl.gov Deputy Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Holder: Sue Zimmerman Sue.Zimmerman@colliercountyfl.gov Pool: StateLocal Pool: Collier County Board of County Commissioners Signature EDI-Signed by: 22=2292F4C424... Signature Adoption: Pre -selected Style Using IP Address: 107.72.178.135 Signed using mobile ED—Signed by: 3ECCC8279B554F5... Signature Adoption: Pre -selected Style Using IP Address: 76.7.93.3 by: [,',c"S1g"ed �VV- a. Q"ac/. A6D6597943DC414... Signature Adoption: Pre -selected Style Using IP Address: 76.7.93.3 Signature Status Status Status 16. H.2.d Docu�i , E C o R 9 Status: Completed Envelope Originator: Sue Zimmerman 3295 Tamiami Trail East, Naples, Florida Naples, FL 33967 Sue.Zimmerman@colliercountyfl.gov IP Address: 76.7.93.3 Location: DocuSign Location: DocuSign Timestamp Sent: 6/22/2020 10:39:10 AM Viewed: 6/22/2020 11:46:10 AM Signed: 6/22/2020 11:46:26 AM Sent: 6/22/2020 11:46:30 AM Viewed: 6/22/2020 12:19:15 PM Signed: 6/22/2020 12:19:52 PM Sent: 6/22/2020 12:19:55 PM Viewed: 6/22/2020 1:18:50 PM Signed: 6/22/2020 1:29:23 PM Timestamp Timestamp Timestamp Timestamp Packet Pg. 2300 16. H.2.d Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Glory RosCOPIED Sent: 6/22/2020 10:39:13 AM glory.ross@usa.g4s.com Managing Counsel, Contracts G4S Secure Solutions (USA) Inc. Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/22/2020 12:19:55 PM Certified Delivered Security Checked 6/22/2020 1:18:50 PM Signing Complete Security Checked 6/22/2020 1:29:23 PM Completed Security Checked 6/22/2020 1:29:23 PM Payment Events Status Timestamps Packet Pg. 2301 16.H.2.e A� " CERTIFICATE OF LIABILITY INSURANCE TE D11/24/2021DIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MARSH USA INC 1717 Arch Street CONTACT NAME: PN CNNo. Ext : A/C No): E-MAIL ADDRESS: Philadelphia, PA 19103 Attn: Philadelphia.cerls@marsh.com / Fax: (212) 948-0360 INSURERS AFFORDING COVERAGE NAIC # INSURER A: Lexington Insurance Company 19437 CN1 1 8025105-ALL-STAND-21-22 INSURED Allied Universal Topco, LLC (See Attached for Additional Named Insureds) INSURER B : Greenwich Insurance Company 22322 INSURER C : XL Insurance America 24554 INSURER D : Indian Harbor Insurance Company 36940 161 Washington Street, Suite 600 Conshohocken, PA 19428 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: CLE-006801903-02 REVISION NUMBER: 2 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 BY 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. INSR LTR OF INSURANCE ADDTYPE INSD SUER POLICY NUMBER EFF MMIDD/YYYY D CY EXP MMIPOLICY D/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY X 082695264 01/01/2021 01/01/2022 EACH OCCURRENCE $ 10,000,000 CLAIMS -MADE M OCCUR AMA TO RENTED PREM SES (E. occur ence)$ 10,000,000 X MED EXP (Any one person) $ CONTRACTUAL LIABILITY X SIR$1,750,000 PERSONAL & ADV INJURY $ 10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10,000,000 X POLICY PRO JECT ❑ LOC PRODUCTS -COMP/OP AGG $ 10,000,000 $ OTHER: B AUTOMOBILE LIABILITY X RAD9437818-04 01/01/2021 01/01/2022 COMBINED SINGLE LIMIT Ea accident $ 5,000,000 BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB X OCCUR X RES943799401 01/01/2021 01/01/2022 EACH OCCURRENCE $ 10,000,000 X AGGREGATE $ 10,000,000 EXCESS LIAB CLAIMS -MADE EXCESS OF GENERAL LIABILITY DED RETENTION $ $ C C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? � (Mandatory In NH) N/A RWD3001203-05(AOS) RWR3001204-05(WI) 01/01/2021 01/01/2021 01/01/2022 01101I2022 X 1PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Certificate Holder is included as additional insured where required by written contract with respect to General Liability and Auto Liability. Liability coverage shall be primary and non-contributory where required by written contract. Waiver of subrogation is applicable where required by written contract. Fixed Term Service Agreement No.18-7429 CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3295 Tamiami Tr East Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. @ 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 2302 16.H.2.e Named Insured: Allied Universal Topco, LLC Additional Named Insured: Advent Systems, LLC Advent Systems, LLC, dba Allied Universal Technology Services Allied Security Holdings LLC Allied Universal Executive Protection and Intelligence Services, Inc. Allied Universal Holdco LLC Allied Universal Risk Advisory and Consulting Services, Inc. AlliedBarton (NC) LLC AlliedBarton (NC) LLC, dba Allied Universal Security Services AlliedBarton Security Services LLC AllieclBarton Security Services LLC, dba Allied Universal Security Services Apollo Security International, Inc. First Alarm Security & Patrol, Inc. First Alarm Security & Patrol, Inc., dba First Alarm First Alarm Security & Patrol, Inc., dba First Security First Alarm Security & Patrol, Inc., dba First Security Services FJC Security Services, Inc. FJC Security Services, Inc., dba Allied Universal Security Services Guardsmark (Puerto Rico), LLC Guardsmark (Puerto Rico), LLC, dba Allied Universal Security Services, LLC Guardsmark (Puerto Rico), LLC, dba Universal Protection Service, LLC Intelligent Access Systems of North Carolina, LLC Intelligent Access Systems of North Carolina, LLC, dba Allied Universal Technology Services Intelligent Access Systems of North Carolina, LLC, dba Securadyne Systems Mid -Atlantic Peoplemark, Inc. Securadyne Systems Intermediate LLC Securadyne Systems Intermediate LLC, dba Allied Universal Technology Services Securadyne Systems Texas LLC Securadyne Systems Texas LLC, dba Allied Universal Technology Services SFI Electronics, LLC SFI Electronics, LLC, dba Allied Universal Security Systems SFI Electronics, LLC, dba Allied Universal Technology Services SFI Electronics, LLC, dba Universal Protection Security Systems SOS Security LLC SOS Security LLC, dba Allied Universal Risk Advisory and Consulting Services SOS Security LLC, dba Allied Universal Security Services SOS Security LP SOS Security LP, dba Allied Universal Security Services Spectaguard Acquisition LLC Staff Pro Inc. Staff Pro Inc., dba Allied Universal Event Services TSI Security LLC U.S. Security Associates, Inc. U.S. Security Associates, Inc., dba Allied Universal Risk Advisory and Consulting Services Packet Pg. 2303 16.H.2.e Universal Building Maintenance, LLC Universal Building Maintenance, LLC, dba Allied Universal Janitorial Services Universal Building Maintenance, LLC, dba Allied Universal Landscaping Services Universal Protection Security Systems, LP Universal Protection Security Systems, LP, dba Allied Universal Security Systems Universal Protection Security Systems, LP, dba Allied Universal Technology Services Universal Protection Service of Canada Corporation Universal Protection Service of Canada Corporation., dba Allied Universal Security Services of Canada Universal Protection Service of Seattle, LLC Universal Protection Service of Seattle, LLC, dba Allied Universal Security Services Universal Protection Service, LLC Universal Protection Service, LLC, dba Allied Universal Risk Advisory and Consulting Services Universal Protection Service, LLC, dba Allied Universal Security Services Universal Protection Service, LLC, dba Allied Universal Security Services, LLC Universal Protection Service, LP Universal Protection Service, LP, dba Allied Universal Risk Advisory and Consulting Services Universal Protection Service, LP, dba Allied Universal Security Services Universal Protection Service, LP, dba Allied Universal Security Services, LP Universal Services of America, LP Universal Thrive Technologies, LLC Universal Thrive Technologies, LLC, dba Allied Universal Monitoring and Response Center Universal Thrive Technologies, LLC, dba Allied Universal Technology Services Universal Thrive Technologies, LLC, dba Thrive Intelligence The below entities are included as insureds effective 01/16/2021: American Security Programs, Inc. SecurAmerica Corporation SecurAmerica, LLC ERMC, LLC ERMC of America, LLC Central Defense Services, LLC Champion National Security, Inc. Northwest Security Services, Inc. Mastermind Inc. Packet Pg. 2304 16. H.2.e POLICY NUMBER: RAD943781804 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the folicwing: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM XIC 414 1013 With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Schedule Additional Insureds Work Any person or organization you have agreed to All Operations include as an additional insured under written contract, provided such contract was executed prior to the date of loss. COVERED AUTOS LIABILITY COVERAGE, Who Is An Insured, is amended to include as an "insured" the person or organization listed in the Schedule above, but only with respect to liability for "bodily injury" or "property damage" otherwise covered under this policy caused, in whole or in part, by the negligent acts or omissions of 1. You, while using a covered "auto"; or 2. Any other person, except the additional Insured or any employee or agent of the additional insured, operating a covered "auto" with your permission; In the performance of your work as described in the Schedule above. In no event shall any person or organization listed in the Schedule become an "Insured" pursuant to this Endorsement If such person or organization is solely negligent. IT IS FURTHER AGREED THAT IN NO EVENT SHALL ANY CONTRACT OR AGREEMENT ALTER THE CONDITIONS, COVERAGES OR EXCLUSIONS SET FORTH IN THIS POLICY. All other terms and conditions of this policy remain unchanged. XIC 414 1013 ® 2013 X.L. America, Inc. All Rights Reserved. Page 1 of 1 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Packet Pg. 2305 16. H.2.e POLICY NUMBER: RAD943781804 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: ALLIED UNNERSAL TOPCO, LLC Endorsement Effective Date: January 1, 2021 SCHEDULE Name(s) Of Person(s) Or Organlzadon(s): Any person or organization where waiver of our right to recover is required by written contract with such person or organization provided such contract was executed prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the 'loss" under a contract with that person or organization. CA 04 44 10 13 ® Insurance Services Office, Inc., 2011 Page 1 Packet Pg. 2306 16.H.2.e ENDORSEMENT #050 This endorsement, effective 12:01 AM 01/01/2021 Forms part of policy number: 082695264 Issued to: ALLIED UNIVERSAL TOPCO, LLC By., LEXINGTON INSURANCE COMPANY ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided by the following: GUARDSECURE GENERAL AND PROFESSIONAL LIABILITY COVERAGE FORM A. SECTION II - Who Is An Insured is amended to include as an additional insured a person(s) or organization(s) who is required to be added by written contract or written agreement which does not require that a specific form number be used. B. The insurance provided to additional insureds applies only to "bodily injury", "property damage", "professional liability" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf In the performance of your ongoing operations for the additional insured; or "your work" performed for that additional insured and included in the "products -completed operations hazard" However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured Is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insuranc a shown in the Declarations. D. The additional insured must see to it that: 1. We are notified as soon as practicable of an 'occurrence" or offense that may result in a claim. 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured also has rights an insured or additional insured. E. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: 1. The additional insured is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. All other terms and conditions remain as written. Packet Pg. 2307 16. H.2.e LEXD00O21 LX0404 Authorited R®R Cuunteldign®ture (Gt stntee whr�u ri�pticnblr� r Q Packet Pg. 2308 16. H.2.e ENDORSEMENT #24 This endorsement, effective 12:01 AM 01/01/2021 Forms part of policy number: 082695264 Issued to: ALLIED UNIVERSAL TOPCO, LLC By: LEXINGTON INSURANCE COMPANY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: SECURITY GUARD GENERAL AND PROFESSIONAL LIABILITY COVERAGE PART SCHEDULE Name of person or Organization: Where required by written contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) The TRANSFER OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard." This waived applies only to the person or organization shown in the Schedule above. All other terms and conditions remain as written. LEXD00O21 LX0404 LP Awharwzµ{t RoppresAntaliye OR Cuunlersignalur+r (In etiles where applicable) Packet Pg. 2309 16. H.2.e WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that You perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization where waiver of our right to recover is required by written contract with such person or organization provided such contract was executed prior to the date of loss. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise slated (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01-01-2021 Policy No. RWD3001203-05 Endorsement No. Insured ALLIED UNIVERSAL TOPCO, LLC Insurance Company Countersigned by XL Insurance America, Inc. WC 00 03 13 (Ed. 4-84 ) 1983 National Council on Compensation Insurance. Packet Pg. 2310