#08-5131 (Wackenhut Corporation)
AG R E E M ENT08-5131
for
Security Services
n ~
THIS AGREEMENT, made and entered into on this ) l~ day of J"of/~
2009, by and between The Wackenhut Corporation, authorized to do busin 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":
WIT N E SSE T H:
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",
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, PurchasingjGS 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 of8
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 Liability: 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
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 of8
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 U.s.e. 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.
Page5of8
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.
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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.
ATTEST:
~ "i'
Dwitht E. B"qck, Clerk of Courts
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BOARD OF COUNTY COMMISSIONERS
COLLIER C~NTY' FLORIDA
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By: ~
Donna Fiala" Chairman
The Wackenhut Corporation
Contractor
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Bf~)ik (ratJi:J
t Signature
First Witness
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tTypefprint witness namet
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econd Witness
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Typed signature and title
Approved as to form and
legal suffic' nc}j'
JQp
torney
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Page 7 of8
EXHIBIT A
Traditional Pricing Hourly Rates
For
Contract 08-5131 - Security Services
Chief of Security
Patrol (CPOjBasic)
Security Supervisor (Operations Managerj
CPO Capt)
Level I Security Officer (Asst. Supervisor j
Sergeant)
Level I Courthouse Personnel
(Screener j 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 of 8
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
OT /Holiday Bill Rate
NjA
$26.70
$38.58
$31,33
$29.30
$29.30
$29.30
$31,33
$31.33
$31,33
$31.33
ACORD"
DATE (MM/DD/VYvY)
10/09/2008
PRODUCER
AOn Risk services, Inc of Florida
1001 Brickell Bay Drive
Sui te 1100
Miami FL 33131 USA
THIS CERTlFICA TE IS ISSUED AS A MATTER OF INFORMA TlON ONLY
AND CONFERS NO RIGHTS UPON THE CERTlFICA TE HOLDER. THIS
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE
COVERAGE AFFORDED BY THE POLICIES BELOW.
PHONE- 866 283-7122
'AX. 847 953-5390
INSURERS AFFORDING COVERAGE NAIC#
INSURER A Arne ri can Home Assurance Co. 19380 ~
~
INSURER B National Un; on Fi re Ins Co of pi ttsbu rgh 19445 5
..
New Hampshire Ins Co 23841 ~
INSURER C "0
-
Illinois National Insurance Co 23817 ~
INSURER D ~
"0
INSURER E Insurance company of the State of PA 19429 Q
II:
INSURED
The wackenhut corporation
4200 wackenhut Drive, #100
palm Beach Gardens FL 334109603 USA
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLlCY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OlliER DOCUMENT Willi RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN ]S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LIMITS SHOWN ARE AS REQUESTED
INS.
LTR INS
TYPE OF INSURANCE
POLICY NUMBER
POLl(..Y EFFECTIVE POLICY EXPIRATION
DATE(MM\DDlYY} DATE(MMIDD\YY)
10/02/08 10/02/09
LIMITS
B
~ERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE [!] OCCUR
GL1871993
General Liability (TWC)
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea ocourelloe)
(Anyollcpersoll)
$5,000,000
$5,000,000
Exc u e
N
$5,000,000 N
0
~
$5,000,000 '"
0
H
$5,000,000 M
0
0
"-
~
0
$5,000,000 Z
$
.
~
'"
'f:
~
U
PERSONAL & ADV INJURY
GENERAL AGGREGATE
GEN'L AGGREGATE LIMIT APPLIES PER.
[2] POLICY
O PRO. 0 LOC
JECT
PRODUCTS. COl'4PIOP AGG
A
AurOMOBILE LIABILITY
X ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON OWNED AUTOS
CA6079124 10/02/08
Automobile AOS (TWC)
CA6079126 10/02/08
Automobile VA (TWC)
CA6079125 10/02/08
Automobile MA (TWC)
10/02/09
10/02/09
10/02/09
COMBINED SINGLE LIMIT
(Eaaccidcllt)
B
B
BODILY INJURY
(Perpcrsoll)
BODlLY INJURY
(Peraccidellt)
PROPERTY DAMAGE
(Peraccidcllt)
GARAGE LIABILITY
B ANY AurO
EXCESS !UMBRELLA LIABILITY
D OCCUR D CLAIMS MADE
AUTO ONLY - EA ACCIDENT
OTHER THAN
AUTO ONLY
EAACC
AGG
EACH OCCURRENCE
AGGREGATE
BDEDUCTIBLE
RETENTION
D
10/02/08
10/02/08
10/02/09
OTH-
ER
c
WORKERS COMPENSATION AND
EMPLOYERS' LlABILfIY
MY PROPRIETOR I PARTNER I EXECUTIVE
OFflCERfldEMBEREXCLUDED?
If yes. describe UIlder SPECIAL PROVISIONS
below
WC
WC - All Other
wc4800740
wc - Wl (TWC)
wc4800736
wc - FL (TWC)
1
D
States (
DESCRIPTION OF OPERATIONSILOCATlONS/VEI-UCLESIEXCLUSIONS 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 Mana~ement Department are named as Additional Insured excluding workers'
compensation and Employers' Liabillty as required by written contract but limited to the operations of the
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$1,000,000 ~
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.
Insured ~
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10/02/09
E.L DlSEASE~EA El\1PLOYEE
E.L DlSEASE-POLl('Y LIMIT
ornER
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 OFl1IE ABOVE DESCRlBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WlLL 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 UAOILlTY
OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUlliORlZED REPRESENTATIVE
~~9"..........k
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Attachment to ACORD Certificate for The Wacke"hut co'pocatio"
The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the 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 INSRD TYPE OF INSURANCE POLICY DESCRIPTION EFFECTIVE EXPIRATION LIMITS
LTR DATE DATE
WORKERS COMPENSATION
we4800735 10/02/08 10/02/09
A we - eA (TWe)
we4800738 10/02/08 10/02/09
B we - OR (n,rc)
we4800737 10/02/08 10/02/09
E we - MA (TWC)
DESCRIPTlQN OF OPERATlONSILOCATIONSIVEHICLESIEXCLUSTQNS ADDED BY ENDORSEMENT/SPECiAL PROVISIONS
under said contract, and always subject to the policy terms, conditions and exclusions.
Certificate No :
570031065022