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Home My WebLink About1995-437 r 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. 95-437 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO WACKENHUT CORPORATION FOR PROVIDING CONTRACT JAIL SERVICES, TO BE UTILIZED BY THE POLICE DEPARTMENT TO OPERATE THE POLICE DETENTION CENTER IN ACCORDANCE WITH BID SPECIFICATION #96-13. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That Wackenhut Corporation is the best responsible bidder for the furnishing of contract jail services for the Police Department to operate the police detention center, in accordance with Bid specification #96-13. Therefore, pursuant to this determination, the Purchasing Manager shall issue a Purchase Order in the amount of $248,317.74; and all other quotations therefore are hereby rejected. SECTION 2. That the Mayor of the City of San Bernardino is hereby authorized and directed to execute, on behalf of said City, an agreement for providing contract jail services for the Police Department to operate the police detention center, in accordance with Bid specification #96-13 for the total amount of $248,317.74 per year, with Wackenhut Corporation. SECTION 3. The authorization to execute the above referenced purchase order is rescinded if it is not issued within sixty (60) days of the passage of this resolution. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino as a reaular meeting thereof, held on the ~day of December , 1995, by the following vote, to wit: / / / / / / / / c,l' !.f~ ..., ::-.;- 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 CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER TO WACKENHUT CORPORATION FOR PROVIDING CONTRACT JAIL SERVICES, TO BE UTILIZED BY THE POLICE DEPARTMENT TO OPERATE THE POLICE DETENTION CENTER IN ACCORDANCE WITH BID SPECIFICATION #96-13. ABSENT AYES NAYS ABSTAIN COUNCIL MEMBERS: x -- NEGRETE x CURLIN x HERNANDEZ x OBERHELMAN DEVLIN x POPE-LUDLAM x x MILLER Cd c~ C~..;,'- '-- The foregoing resolution is hereby approved December , 1995. City Clerk this ,;l&1i day of -rt3?7lJ1~#~ Tom Minor, Mayor Approved as to form and legal content; James City F. Penman, ttorney ;). .!~ f " By: 1 1// / / / / / / / / / / / / / / / / / / / / 95-437 SERVICES AGREEMENT THIS AGREEMENT is entered into this 18th day of December, 1995, between the CITY OF SAN BERNARDINO, a municipal corporation ("CITY"), and the W ACKENHUT CORPORATION, a Florida corporation ("CONTRACTOR"). WITNESSETH: A. WHEREAS, CITY has need for operation of temporary holding facility at City jail within the Police facility and, B. WHEREAS, CONTRACTOR is competent, experienced and able to perfonn said services: and, C. WHEREAS, CONTRACTOR has provided the most advantageous and best responsible bid for the providing of such services; NOW THEREFORE, the parties hereto agree as follows: 1. Contract Documents CONTRACTOR shall furnish jail services at the CITY's temporary holding facility at the Police Department. The tenns and conditions applicable to this transaction shall be those contained in the following documents which are all hereby incorporated by reference into this agreement, in this order of precedence: A. This Agreement; B. CITY'S Bid Specification F96-13; and C. CONTRACTOR's Proposal dated November 17, 1995. In the event of any conflict between the tenns and conditions of any constituent parts of this Agreement, the tenns and conditions of the document having higher precedence shall control. 2. Payment. Over the term of this Agreement, CONTRACTOR shall be paid for [rjm:wacken.agr) if,- 'J/ '--. "_ -1 2. Pavment. Over the term of this Agreement, CONTRACTOR shall be paid for such services an amount in accordance with Bid Specification F96-13 and Bidder's Proposal and Statement. 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. 3. Term. Cancellation and Extensions. The initial term of this Agreement shall be one (1) year from the date first above shown and is subject to termination without cause by either party upon thirty (30) days written notice to the other. The term may be extended by mutual agreement of the parties for an additional two (2) years. Any such extension shall require approval of the City's Mayor and Common Council. 4. Indemnity. CONTRACTOR agrees and promises to indemnify, defend and hold harmless CITY, its officers, employees and agents, from and against all actions, claims, demands, lawsuits, and liability for damages to persons or property that may be asserted or claimed by any person, firm entity, corporation, political subdivision, or other organizations arising out of or in connection with the performance of this Agreement, but excluding such actions, claims, demands, lawsuits and liability for damages to persons or property arising from the sole negligence or willful misconduct of CITY, its officers, employees or agents. 5. Insurance. While not restricting or limiting the foregoing, during the term of this Agreement, contractor shall maintain in effect insurance as described below: A. Workers' compensation insurance as required by California law. B. Commercial general liability insurance, or equivalent form, with a combined single limit of not less than $5,000,000 per occurrence. If such insurance contains a general [rjm:wacken,agr] f/~ I) - /' ("'-.. (1 <'.-) ,./ aggregate limit, such limit shall apply separately to each project CONTRACTOR performs for CITY Such insurance shall (a) name CITY, its appointed and elected officials, and its employees as insured; and (b) be primary with respect to insurance or self-insurance programs maintained by CITY C. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $5,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. CONTRACTOR shall (a) furnish properly executed certificates of insurance to CITY prior to commencement of work under this agreement which certificates shall clearly evidence all coverages required above, including the amount of any deductible or self-insured retention, and provide that such insurance shall not be materially changed, terminated or allowed to expire except on 30 days' prior written notice to CITY; and, (b) maintain such insurance from the time work first commences until completion of the work under this agreement; and (c) replace such certificates for policies expiring prior to completion of work under this agreement. CONTRACTOR shall file a copy of all policies of insurance applicable to this Agreement with CITY's Director of Risk Management prior to commencing performance. 6. Independent Contractor. 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 7. Discrimination Prohibited. 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. [rjm:wacken,agr} ,r, ,-- I .' -'", __ / ~ i J -'. 8. Replacement of Assigned Personnel. The parties agree that "cause" for replacement of an assigned employee, as provided in Bid Specification F96-13, shall be deemed established when CITY's Chief of Police or his designee provides a written explanation to CONTRACTOR of the reason why such action is necessary. The determination of the necessity for such action shall be within the sole and unfettered discretion of the Chief of Police or his designee. 9. Notices. 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 CITY: Wayne Harp, Chief of Police 300 North "D" Street San Bernardino, CA 92418 TO CONTRACTOR: The Wackenhut Corporation 1737 Atlanta Ave., #H-3 Riverside, CA 92507 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. CONTRACTOR shall not assign or subcontract any part of the work subject to this Agreement without first obtaining the written consent of CITY. 10. Modifications. No change or modification ofthe terms or provisions of this Agreement shall be deemed valid unless in writing and signed by both parties. 11. Governinl: Law. This Agreement shall be governed by and performed in accordance with the laws of the State of California. 12. Effect of Waiver. No waiver of any breach or default shall be construed as [rjm;wacken.agr] /"-::-." ~ / -.-- < , . 13. Effect of Headinl!s. The heading sections of this Agreement have been inserted for convenience of reference only and shall not affect the interpretation of any of the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown at San Bernardino, California. SEE ATIACHED AMENDMENI No. 1 ~ CITY OF SAN BERNARDINO A Municipal C? .~- J \ By: j ,,/iA<1-~ Tom Minor, Mayor ATTEST: ~~~ Rach Clark, CIty Clerk THE W ACKENHUT CORPORA nON By Henry B. Stu Vice President, California District B~ Corporate 0 cer (Seal) James P. Rowan, Vice President APPROVED AS TO FORM AND LEGAL CONTENT: James F. Penman City Attorney By ~,,.,,.,.,, ].. ~e.-~ o [rjm:wackerugr]