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Backup Documents 01/27/2009 Item #16E 3 - 16[3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original document'> "hnuld bo.:: halld delivered to thl' Hoard Ol1icc 111c completed routing slip and original documents are to be forwarded to the Board Office only after: the R03rd hus taken action on the ilcTl1_l ROUTING SLlI' Complete routing lines #\ through #4 as appropriate for additional signatures, dales, and/or infomlalioll needed. If the document is already complete with the fed 1 h h 1 # 1 h I kl exception 0 the 'halrman's sIgnature, raw a me 1 wlIgtl routine: lIIe.~ 1 l1fOug #4, camp de the thee 1St, :md forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. - 2. 3. 4. Jeffrey A. Klatzkow, County Attorney County Attorney JAK 1-29-09 5. Sue Filson, Executive Manager Board of County Corrnnissioners 6. Minutes and Records Clerk ofCourt's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Nomlally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCe Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Lyn Wood, Contract Specialist Phone Number 252-2667 Contact Agenda Date Item was 1-27-09 Agenda Item Number 16-E-3 Approved by the BCC Type of Document Contract 08- 5 131 Number of Original Two Attached Documents Attached 1 INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a fO riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County AttoD1ey's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the Bee Chairman and Clerk to the Board and possibly Slate Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce I the BCC Chairman and the Clerk to the Board The Chairman's signature line dale has been entered as the date ofBCC approval of the document or the final negotiated contract date whichever is a )licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the Bce office within 24 hours ofBCe approval. Some documents are time sensitive and require forwarding to Tallahassee within a cCltain time frame or the Bce's actions are nullified. Be aware of your deadlines~ The document was approved by the BCC on 1-27-09 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. Yes (Imtial) JAK N/A(Not A licable) 2. 3. 4. 5. 6. JAK JAK JAK JAK JAK J: Fonns/ County FOlms/ Bee Forms/ Original Documents ROUTing Slip WV,'S Original 903.04, Revistd 1.2h.U5, R('vi~ed 2.24.05 09-PRC.i)1086/2 16E3 MEMORANDUM DATE: January 30, 2009 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Teresa Polaski, Deputy Clerk Minutes and Records Department RE: Contract: #08-5131 "Security Services" Contractor: The Wackenhut Corporation Enclosed, please find an original, referenced above (Agenda Item #16E3) approved by the Board of County Commissioners on Tuesday, January 27, 2009. An original Agreement is being held in the Minutes and Records Department in the Official Records of the Board's If you should have any questions, you may contact me at 252-8411. Thank you, Enclosures 16[3, A G R E E MEN T 08-5131 for Security Services THIS AGREEMENT, made and entered into on this )J~ day of )' GI'~ 2009, by and between The Wackenhut Corporation, authorized to do busine s in the State of Florida, whose business address is 2830 Winkler Avenue, Suite 101, Fort Myers, Florida 33993, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on award by the Board of County Commissioners and terminating twelve (12) months thereafter. 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 two (2) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide security services in accordance with the terms and conditions of RFP #08-5131 Security Services and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County Project Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement, an estimated total amount of Nine hundred ninety-five thousand two hundred thirty-seven Dollars, ($995,237.00), based on the aggregate of the units actually ordered and furnished at the unit price set forth in Exhibit A attached hereto and incorporated herein by reference, subject to Change Orders as approved by the parties in writing. Payment will be made upon receipt of a proper invoice and upon approval by the Contract Manager or his designee, and in compliance with Chapter 218, Fla Stats., otherwise known as the "Local Government Prompt Payment Act". 76[3 4. 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. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: The Wackenhut Corporation 2830 Winkler Avenue, Suite 101 Fort Myers, Florida 33993 Attention: Jerry Casselli, Area Office General Manager Telephone: 239-768-0808 Facsimile: 239-939-7445 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 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. 6. 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. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218,80, F.5., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. 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. Page 2 of'8 16E3 8. 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 contract 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. 9, 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 immediately 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 non-performance. Contractor may terminate this Agreement, with or without cause or penalty, by providing sixty (60) days written notice to the County, 10, NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11, INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $5,000,000 Per Occurrence, Combined Single Limit 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 Liabilitv: Coverage shall have minimum limits of $300,000 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. 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. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Page 3 of8 16E3 Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement, Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date, There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subContractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions, 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall 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, 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. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Department. 14, 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. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, RFP 08-5131 Specifi- cations/Scope of Services and Addenda. 16. 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. 17. 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, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following Page 4 of 8 16[3 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 contract held by the individual and/ or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 use 1324, et seq, and regulations relating thereto, as either may be amended. 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. 19. 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. 20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 21. 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. 22. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contactor. 23. 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. Page 5 of8 16E3 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. 24. KEY PERSONNEl/PROTECT STAFFING: The proposer's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise, The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the contract. Selected firm shall assign as many people as necessary to complete the project on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Project Schedule. Firm shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience and (2) that the County is notified in writing as far in advance as possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. , , , , , , , Page 6 ot'8 1" " ~t3 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATT=rio;;: c" . \...\~.I.. "':'/'-''', 9~. ";. t B.Br;)8i:.~oClerk of court~ ,- .~~~z'; . .. ~a't~d: ... I ~O .~ < . (SEAL) >, . . ., ~'- " ",. "\-' ~ ;L(:~.l~~,r~'~\" l,.iJ l,..1I.. ,,...,. . s j 9l1at..... 0111' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By &~ d,,,-~ Donn~ hale, Chairman The Wackenhut Corporation Contractor First Witness ']) I {Ln t' ,Se hrJ' ( bt'r tTypej print witness namet BY:c;jJL/~ Signature , ,:?(tuu l1!u.a!,-{l) ~~=ss ~ " ' 'J I Ii v ,1/L-Jv:1 tTypej print witness namet ']";( I 'i:llmf ~S1lc:..:-~ ~c(K~ / Typed signature and title Approved as to form and legal suff ien : Item # I (''E3 Agenda 1 \~1 )~ Date ~ Date ,131d1 Rsc'd ~ M~ Deputy Clerk ty ttorney ,-k rp(~ ' \~LhjPol Pro Name Page 7 of8 EXHIBIT A Traditional Pricing Hourlv Rates For Contract 08-5131 - Security Services Chief of Security Patrol (CPO/Basic) Security Supervisor (Operations Manager/ CPO Capt) Level I Security Officer (Asst. Supervisor/ Sergeant) Level I Courthouse Personnel (Screener/CPO) Level I Security Officer (Other Facilities) (CPO) Level I Security Officer (Operations Center) (CPO) Special Events Armed Officer Plain Clothes Plain Clothes Armed .... - Page 8 of8 Regular Bill Rate $36.02 $19.21 $27.56 $22.26 $20.77 $20.77 $20.77 $22.26 $22.26 $22.26 $22.26 1." '.3 OT (Holiday Bill Rate N/A $26.70 $38.58 $31.33 $29.30 $29.30 $29.30 $31.33 $31.33 $31.33 $31.33 ACORD 31 PRODUCER Aon Risk services, Inc of Florida 1001 Brickel' Bay Drive sui te 1100 Miami FL 33131 USA THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PHONE. 866 283 7122 FAX- 847 953-5390 INSlIRERS AFFORDING COVERAGE NAIC# INSURER A American Home Assurance Co. 19380 " . INSURER B National union Fi re Ins Co of pittsburgh 19445 5 .. New Hampshire Ins Co 23841 . INSURER C ::i Illinois National Insurance Co 23817 " INSURER D . ." INSURER E Insurance company of the State of PA 19429 0; == INSURED The wackenhut Corporation 4200 wackenhut Drive, #100 palm Beach Gardens FL 334109603 USA INSR LTR INSR . 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 MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDlTIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LIMITS SHOWN ARE AS REQUESTED TYPE OF INSURANCE POLICY NUMBER POLI(:Y EFFECTIVE POLICY EXPIRATION DATE(MM\DDlYY) DATE(MM\DD\YY) 10/02/08 10/02/09 EACH OCCURRENCE S5,000,000 $5,000,000 LIMITS ~ERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE [!] OCCUR GL1871993 General Liability (TWC) DAMAGE TO RENTED PREMISES (Ea o~cUJen~e) ( 1VOnellerson N N o ~ "' o ,.; m o o " ~ EXc u e $5,000,000 $5,000,000 $5,000,000 PERSONAL & ADV INJURY GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER m POLICY 0 PRO- D LOC W JECT PRODUCTS - COMP/OP AGG A CA6079124 10/02108 Automobile ADS (TWC) CA6079126 10/02108 Automobile VA (TWC) CA6079125 10/02/08 Automobile MA (TWC) 10/02/09 o $5,000,000 Z . ... " '" ';: . u AlJfOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON OWNED AUTOS COMBINED SINGLE LIMIT (Eaaccidenl) . 10/02/09 10/02/09 BODILY INJURY (Perpen;on) . BODlL Y INJURY (Per accident) PROPERTY DAMAGE (Peracc,denl) GARAGE LIABILITY B ANY AUTO EXCESS /UMBRELLA LIABILITY D OCCUR 0 CLAIMS MADE AUTO ONLY - EA ACCIDENT EA ACC OTHER THAN AUTO ONLY AGG EACH OCCURRENCE AGGREGATE DDEDUCTIBLE DRETENTION c we wc - All other we4800740 we - WI (TWC) wc4800736 WC - FL (TWC) $1,000,000 ____ - Sl,OOO,OOO ;Ii Sl,OOO,OOO ~ -ci: ........ ;;;;Ii ~ . Insured ~ ~ :2 ~ ,..Ir;; ~.5'~ i:i!! - WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR I PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED~ If yes. describe under SPECIAL PROVISIONS below States ( o 10/02/08 10/02/09 10/02/09 EL DlSEASE-EA EMPLOYEE EL DISEASE-POLiCY LIMIT 10/02/08 o OTHER DESCRIPTION OF OPERATlONSILOCATIONS/VEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: TWC office: Ft. Myers. Collier county, a political subdivision of the State of Florida Collier county Government Center, Facilities Manaqement Department are named as Additional Insured excluding workers' compensation and Employers' Liabillty as required by written contract but limited to the operations of the collier county, a political subdivision of the State of Florida, Collier county Government Center, Facilities Management Department, Attn. Skip camp 3301 Tamiami Trail, East Bldg "w" Naples, FL 34112 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTiFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATiVES. AUTHORIZED REPRESENT ATlVE ~ ~.9'..........fi:. ',. Attachment to ACORD Certificate for The wacke"hut corpocatio" 1 6 E 3 The terms, conditions and provisions noted below are hereby attached to tht:' captioned certificate as additional description ufthe coverage afforded by the insurer(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy. INSURER INSURED The wackenhut Corporation 4200 wackenhut Drive. #100 palm Beach Gardens FL 334109603 USA INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. ADD'L POLICY NUMBER POLICY POLiCY INSR INSKD TIPE OF INSURANCF, POLIO' DESCRIPTION EFFECTIVE EXPIRATION L11\UT'S LTR DATE DATE WORKERS COMPENSATION WC4800735 10/02/08 10/02/09 A we - eA (TWe) we4800738 10/02/08 10/02/09 B we - OR (TWC) we4800737 10/02/08 10/02/09 E wc - MA (TWC) DESCRIPTION OF OPERATIONS!L.UCATIONS/VEI-UCLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS under said contract, and always subject to the policy terms, conditions and exclusions. Certificate No : 570031065022