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Home My WebLink About2003-026 , . L____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2003-26 RESOLUTION OF THE MAYOR AND COMMON COUNCIL RATIFYING THE SIGNATURE OF THE MAYOR'S DESIGNEE FOR A ONE MONTH EXTENSION OF THE CURRENT CONTRACT WITH THE W ACKENHUT CORPORATION AND AUTHORIZING A SERVICE AGREEMENT AND ANNUAL PURCHASE ORDER TO THE WACKENHUT CORPORATION IN AN AMOUNT NOT TO EXCEED $149,021 FOR JAIL OPERATIONS EFFECTIVE 2-1-03 THROUGH 6-30-03. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor and Common Council of the City of San Bernardino approve and ratify the signature of the Mayor's designee, Purchasing Manager Marsha Zeller, upon the letter of agreement for an interim extension of the current contract for jail services with the Wackenhut Corporation. The services are being extended from January 1, 2003 through January 31, 2003 to allow continued jail services until the new contract can be approved and awarded during the council meeting on January 21,2003. SECTION 2. That the Mayor and Common Council of the City of San Bernardino authorize (he Purchasing Manager to issue a service agreement and annual purchase order to the Wackenhut Corporation in an amount not to exceed $149,021 for the period of February 1, 2003 through June 30, 2003 with three single-year renewal options. The purchase order shall reference the Resolution # 2003-26 and shall read, "The Wackenhut Corporation for jail services not to exceed $149.021 with three single year renewal options." SECTION 3. The authority to issue the above referenced purchase order is rescinded if not issued within sixty (60) days of the passage of this resolution. III 2003-26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL RATIFYING THE SIGNATURE OF THE MAYOR'S DESIGNEE FOR A ONE MONTH EXTENSION OF THE CURRENT CONTRACT WITH THE WACKENHUT CORPORATION AND AUTHORIZING A SERVICE AGREEMENT AND ANNUAL PURCHASE ORDER TO THE WACKENHUT CORPORATION IN AN AMOUNT NOT TO EXCEED $149,021 FOR JAIL OPERATIONS EFFECTIVE 2-1-03 THROUGH 6-30-03. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of thc City of San Bernardino at a j t. regular meeting thereof, held on the 21st day of Jap.uary Council Members: AYES ESTRADA x LONGVILLE x - MCGINNIS X DERRY x SUAREZ x ANDERSON x MCCAMMACK x - ,2003, by the following vote, to wit: NAYS ABSTAIN ABSENT Raj)i1(!~ 0' /}J/a/,l-, I .? Rachel G. Clark, ~ity Clerk DiJ-. :xJfl.Ydw..J'ytrd-t.nib {l' The foregoing resolution is hereby ap~roved thi;;,v7'jt day of J~nua '-:)../ j/ liLt . JJ,2003. Approved as to Form and legal content: Neil Derry, Mayor Pro Tern City of San Bcrnardino JAMES F. PENMAN, City Attorney By: 1W7 j, Ie.'v~ (} 2003-26 SERVICES AGREEMENT THIS AGREEMENT is entered into this first day of February, 2003, between THE W ACKENHUT CORPORATION ("CONTRACTOR") and the CITY OF SAN BERNARDINO ("CITY)". WITNESSETH: A. WHEREAS, CITY as need for operation of temporary holding facility at City jail within the Police facility and, B. WHEREAS, CONTRACTOR IS competent, experienced and able to perform said services: and, C. WHEREAS, CONTRACTOR has provided {he most advantageous and best responsible bid for the providing of such services; NOW THEREFORE, the parties hereto agree as follows: I. CONTRACTOR shall furnish jail services at the City's temporary holding facility at the Police Department in accordance with Bid Specification F 03-018. 2. Over the term of this Agreement, CONTRACTOR shall be paid for such services an amount in accordance with Bid Specification F 03-018 Bidder's Proposal and Statement. 3. CONTRACTOR shall provide the Police Department with a monthly invoice in arrears and shall be provided payment within thirty (30) days therefrom. CITY retains the right to challenge all or any part of an invoice. 4. The initial term of this Agreement shall be five (5) months from the date first shown above and is subject to termination by either party upon thirty (30) days written notice to the other. There may be three one-year extensions. 5. CONTRACTOR shall indemnify, defend and hold CITY, its officers, employees and agents harmless from any claim, demand, liability, suit, judgment or expense (including, without limitation, reasonable costs of defense) arising out of or related to 2003-26 CONTRACTOR's performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CITY's willful misconduct or sole negligence. The costs, salary and expenses of the City Attorney and members of this office in enforcing the agreement on behal f 0 f the ci ty shall be considered as cost of defense for the purposes of this paragraph. 6. While not restricting or limiting the foregoing, during the term of this Agreement, CONTRACTOR shall maintain in elrect poiicies of comprehensive public, general, and automobile liability insurance, in the amount of $1,000,000 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. 7. CONTRACTOR shall perform work tasks as directed by the Police Department, but for all intents and purposes, CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY. 8. In the performance of this Agreement and in the hiring and recruitment of employees, CONTRACTOR shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 9. Any notice to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Garrett W. Zimmon, Chief of Police San Bernardino Police Department 710 North '0' Street San Bernardino CA 92401 2 2003-26 TO THE CONTRACTOR: The Waekenhut Corp 756 the City Drive, South Suite 360 Orange, CA 92868 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on WACKENHUT CORP. the day and date first above shown. 4361 Latham St. Ste. .220 Riverside, CA 92501 Date: J..' II ' 0 3 by: Business N!me (t~ IJ L Signature Date: 1- J7' D.3 CITY. / l by: Neil Derry, or Pro Tem City of San Bernardino ATTEST: J<<u1/wi C1 (t'vJc/ Rachel Clark, C~'t Clerk .0( 5JanclAJu/'f'LQ ~ 'Y1CU bpJ2t~ U Approved as to orm / r - cr and legal content: James F. Penman CJ""'Y ^ I), By: ..A ""4> 7 .(/c 'w...-- 3