HomeMy WebLinkAbout1996-022
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RESOLUTION NO. 96-22
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AMENDMENT NO. I TO THE SERVICES AGREEMENT BETWEEN THE
3 WACKENHUT CORPORATION AND THE CITY OF SAN BERNARDINO
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS
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SECTION]. The Mayor of the City of San Bernardino is hereby authorized and directed
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to execute on behalf of said City Amendment No. ] to the Services Agreement between THE
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WACKENHUT CORPORATION and the CITY OF SAN BERNARDINO, a copy of which is
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attached hereto marked Exhibit "A" and incorporated herein by reference as fully as though set forth
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at length.
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SECTION 2. The authorization to execute the above-referenced agreement is rescinded
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if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
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resolution.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 'I'
adjourned
Common Council ofth.c City of San Bernardino at a regular meeting thereof, held on the
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96-;12
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AMENDMENT NO. ] TO THE SERVICES AGREEMENT BETWEEN THE
2 W ACKENHUT CORPORATION AND THE CITY OF SAN BERNARDINO
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Q~_ CL/1YG
City <Slerk
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The foregoing resolution is hereby approved this .A'~day of January, 1996.
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. _/0/11. _.. I!(!c)r"
Tom Mmor, Mayor
City of San Bernardino
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Approved as to
form and legal content:
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JAMES F. PENMAN,
City Attorney
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96-22
AMENDMENT NO.1
This amendment dated the 22nd day of January, 1996, modifies the Services Agreement by
and between THE WACKENHUT CORPORATION, hereinafter referred to as CONTRACTOR
and the CITY OF SAN BERNARDINO, hereafter referred to as CITY, as follows:
Page 2, Paragraph 5 shall be amended in its entirety to read as follows:
5.
Insurance:
CONTRACTOR shall procure and maintain, at its cost and for the
duration of this Agreement, comprehensive general liability and property damage insurance, including
automobile and excess liability insurance, against all claims for injuries against persons or damages
to property which may arise from or in connection with the performance of the work hereunder by
CONTRACTOR, its agents, representatives, employees, or subcontractors. If applicable,
CONTRACTOR shall also carry Workers' Compensation Insurance in accordance with State of
California Workers' Compensation laws
All of CONTRACTOR's insurance shall name the CITY, its officers, officials, employees,
agents, representatives and volunteers (collectively hereinafter "City and City Personnel") as
additional or co-insureds and contain no special limitations on the scope of protection afforded to
City and City Personnel. All of CONTRACTOR's insurance (i) shall be primary insurance and any
insurance or self-insurance maintained by City or City Personnel shall be in excess of the
CONTRACTOR's insurance and shall not contribute with it; (ii) shall be "date of occurrence" rather
than "claims made" insurance; (iii) shall apply separately to each insured against whom claim is made
or suit is brought, except with respect to the limits of the insurer's liability; and (iv) shall be written
by insurance companies qualified to do business in California and rated "B+" or better in the most
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96-22
recent edition of Best Rating Guide, and only if they are of a financial category Class X or better,
unless such rating qualifications are waived by the CITY in its sole and absolute discretion.
Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided,
canceled, reduced in coverage or in limits, or non-renewed, without thirty (30) days prior written
notice thereof given by the insurer to CITY by u.s. Mail, certified, or by personal delivery.
CONTRACTOR shall furnish CITY with duplicate originals of insurance certificates and
endorsements effecting coverage required by this Agreement which shall be received and approved
by CITY before work commences. The duplicate originals and original endorsements for each
insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf
The procuring of such insurance or the delivery of duplicate originals and endorsements evidencing
the same shall not be construed as a limitation on CONTRACTOR's obligation to indemnify the City
and City Personnel.
The amount of insurance required hereunder shall be as follows:
(i) General Liability (including premises and operations, contractual liability, personal
injury, independent contractors liability): Five Million Dollars ($5,000,000.00), Single Limit, per
occurrence and annual aggregate.
(ii) Automobile Liability (including owned, non-owned, and hired autos): Five Million
Dollars ($5,000,000.00), Single Limit, per occurrence and annual aggregate.
(iii) Workers' Compensation and Employer's Liability: One Million Dollars
($1,000,000.00) (if CONTRACTOR is required to have).
(iv) Professional Liability: Five Million Dollars ($5,000,000.00), per occurrence and
annual aggregate.
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Any deductibles or self-insured retentions must be declared to and approved by the CITY prior to
the execution of this Agreement by CITY.
If CONTRACTOR is required to provide Workers' Compensation Insurance,
CONTRACTOR shall file with CITY the following signed certification
"I am aware of, and will comply with, Divisions 4 and 5 of the California Labor Code
by securing, paying for, and maintaining in full force and effect for the duration of the
contract, complete Workers' Compensation Insurance, and shall furnish a Certificate
ofInsurance to CITY before execution of the Agreement"
For any Workers' Compensation and Employer's Liability Coverage, the insurer shall agree
to waive all rights of subrogation against the City and City Personnel arising from work performed
by CONTRACTOR for CITY CONTRACTOR shall require all subcontractors similarly to provide
such Workers' Compensation Insurance for their respective employees.
In the event CONTRACTOR has no employees requiring CONTRACTOR to provide
Workers' Compensation Insurance, CONTRACTOR shall so certify to the CITY in writing prior to
the CITY's execution of this Agreement. The City and City Personnel shall not be responsible for
any claims in law or equity occasioned by failure of CONTRACTOR to comply with this section or
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96-22
with the provisions oflaw relating to Workers' Compensation.
All other terms and conditions of the original Agreement remain as is.
CITY OF SAN BERNARDINO
A Municipal Corporation
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By: / r,,-y]/\ . 1/~/Z4'I
. Torn Min~r, Mayor '
ATTEST:
~~ cLad-
Rachel lark, City Clerk
THE W ACKENHUT CORPORA nON
By i~~I!:~
t, California District
By
Corporate Ofllcer (Seal)
James P. Rowan, Vice President
APPROVED AS TO }'ORM AND
LEGAL CONTENT:
James F. Penman
City Attorney
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