HomeMy WebLinkAbout2006-319
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RESOLUTION NO. 2006-~
RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING
A SERVICE AGREEMENT WITH THE WACKENHUT CORPORATION TO
PROVIDE JAIL STAFFING PER BID F-07-03 IN AN AMOUNT NOT TO EXCEED
$362,200 FOR FY 2006-07 WITH THREE OPTIONAL RENEWAL YEARS.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and
directed to execute, on behalf of the City of San Bernardino, a Service Agreement with the
Wackenhut Corporation to provide jail staffing services, per bid specifications F-07-03, a copy
of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as
though set forth at length.
SECTION 2. The authorization granted hereunder shall expire and be void and of no
further effect if the Agreement is not executed by both parties and returned to the Office of the
City Clerk within sixty (60) days following the effective date ofthe resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING
A SERVICES AGREEMENT AND AN ANNUAL PURCHASE ORDER TO THE
WACKENHUT CORPORATION TO PROVIDE JAIL STAFFING IN AN AMOUNT
NOT TO EXCEED $362,200 FOR FY 2006-07 WITH THREE OPTIONAL RENEWAL
YEARS.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
joint
and Common Council of the City of San Bernardino at a regular meeting thereof, held on
the ~ day of September
, 2006, by the following vote, to wit:
Council Members
Aves
Navs
Abstain
Absent
ESTRADA
x
BAXTER
x
VACANT
DERRY
x
KELL Y
x
JOHNSON
----"--
MCCAMMACK
~
a~h, C~
Rac'/rel G. Clark, City Clerk
The foregoing Resolution is hereby approved this '7+11. day of September
~/e:::
,2006.
WellS cCarnrnack, Mayor Pro Tern
City of San Bernardino
A proved as to
MES F. PENMAN,
ity Attorney
.
2006-319
Exhibi t A
Services Agreement
This agreement is for the period starting on September
1, 2006 at 00:00 Hours (12:00 AM) and ending at 23:59.59
(11:59.59 PM) on August 31, 2007, between the CITY OF SAN
BERNARDINO, a municipal corporation (hereafter the UCITY"),
and the WACKENHUT CORPORATION, a Florida corporation with a
local service center in Riverside, California (hereafter
the uCONTRACTOR").
1. Agreement Documents and Precedence. In response
to CITY RFP F-07-03 (Jail Services for the San Bernardino
Police Department), CONTRACTOR shall furnish j ail services
at the CITY'S temporary holding facility (hereafter the
uCITY JAIL") located at the San Bernardino Central Police
Department (710 North D Street, San Bernardino, CA. 92402).
The terms and conditions applicable to this agreement shall
be those contained in the following documents which are
hereby incorporated by reference into this agreement, in
this order of precedence:
A. This Services Agreement.
B. CITY'S Bid Specification F-07-03
C. CONTRACTOR'S response to RFP F-07-03.
In the event of any conflict between the terms and
conditions of any constituent parts of this Services
Agreement, the terms and conditions of the document having
the higher precedence shall control.
2. Types of Service. CONTRACTOR shall provide the
following personnel to perform services at the CITY JAIL:
UNIFORMED CUSTODY ASSISTANTS (hereafter CUSTODY
ASSISTANTS). These employees work in the CITY JAIL control
pod and are responsible for a variety of administrative,
data entry, and clerical functions outlined in this
agreement, the' CITY'S bid specification, and the
CONTRACTOR'S response to the bid.
UNIFORMED CUSTODY OFFICERS (NON-TRANSPORT) (hereafter
JAILER/S) . These employees are responsible for a variety
of administrative, data entry, clerical, and custody
functions outlined in this agreement, the CITY'S bid
specification, and the CONTRACTOR'S response to the bid.
These employees provide limited assistance to staff
assigned to transportation duties.
UNIFORMED CUSTODY OFFICERS (TRANSPORTATION) (hereafter
TRANSPORT OFFICER/S). These employees are responsible for
a variety of administrative, data entry, clerical, and
custody functions outlined in this agreement, the CITY'S
Page 1 of 14
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2006-319
bid specification, and the CONTRACTOR'S response to the
bid. The duties focus on the transportation and lodging of
inmates.
UNIFORMED CUSTODY SUPERVISORS (hereafter CUSTODY
SUPERVISOR/S) . These employees are responsible for a
variety of administrative, data entry, clerical, custody,
and transportatiQn functions outlined in this agreement,
the CITY'S bid specification, and the CONTRACTOR'S response
to the bid. These employees also perform supervisory
duties for the CONTRACTOR with regard to the CONTRACTOR'S
employees. These employees have no supervisory authority
over CITY employees of any rank or classification.
3. CONTRACTOR'S Services. CONTRACTOR shall
responsible to perform the following services:
CUSTODY ASSISTANT. Provide a uniformed
assistant at the CITY JAIL 24-hours-a-day, seven
week, including all weekend days, and all holidays,
exceed 8760 hours (24 x 365) during the contract.
JAILER. Provide a uniformed custody officer at the
CITY JAIL l6-hours-a-day, seven days a week, including all
weekend days, and all holidays, not to exceed 5840 hours
(16 x 365) during the contract.
TRANSPORT OFFICER. Provide a
transportation officer who initially
JAIL 8-hours-a-day, seven days a
weekend days, and all holidays for a
x 365) during the. contract.
CUSTODY SUPERVISOR. Provide a uniformed
supervisor at the CITY JAIL 8-hours-a-day, seven
week, including all weekend days, and all holidays,
exceed 2920 hours (8 x 365) during the contract.
4. CONTRACTOR'S Employee Minimum Qualifications.
CONTRACTOR shall provide employees who meet the following
minimum qualifications at all times:
A. Be at least 18 years of age.
B. Be able to legally work within the United States.
C. Type at least 25 words per minute.
D. Have computer keyboarding
experience.
Have good oral communications skills.
Be able to print legibly on written forms.
Have good customer service skills.
Be able to move about within the jail without
assistance from others and without assistance
from devices.
Must be able to hear warning tones and ringing
devices..
be
custody
days a
not to
uniformed custody
reports to the CITY
week, including all
total of 2920 hours (8
custody
days a
not to
knowledge
and
E.
F.
G.
H.
1.
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Must have normal color and visual depth-of-field
perception.
Be a high school graduate.
Possess a valid California Bureau of Consumer
Affairs Guard Card.
JAILERS, TRANSPORTATION
SUPERVISORS must also meet
qualifications at all times:
A. Meet all California
standards.
Must possess a valid California Driver's License
(Class C, B, or A) .
CUSTODY SUPERVISORS must also meet the following
minimum qualifications at all times:
A. Possess at least 12 months
experience.
S. CONTRACTOR'S Employee Minimum Duties.
shall provide employees who shall perform the
minimum duties at all times:
CONTRACTOR employees assigned to the CUSTODY ASSISTANT
position shall be responsible for accurately completing the
following tasks while working at the CITY JAIL. These
duties shall be completed by the end of each shift, unless
noted otherwise, and only carried over to the next shift
with approval of the Watch Commander.
A. Answering a multiple line telephone and providing
courteous, prompt, and accurate information about
inmates and jail operations to the public and
departmental personnel.
Controlling entry into and out of the CITY JAIL
with an electronic door control system and manual
keys.
Monitoring CCTV cameras to insure safety of
inmates, staff, and the public.
Sounding alarms for assistance while remaining
calm and alert.
Collecting, inventorying,
property.
Typing or writing information on log forms.
Accurately entering inmate and arrest data into
the CITY JAIL Corrections Management System
(CMS) , for every inmate lodged at the CITY JAIL
while the person is still present at the CITY
JAIL.
Accurately
collecting
,
B.
C.
E.
F.
G.
2006-319
J.
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L.
OFFICERS and
the following
CUSTODY
minimum
minimum
jail
training
B.
of
supervisory
CONTRACTOR
following
D.
and safeguarding inmate
H.
entering
digital
inmate information
photographs with
a
and
Page 3 of 14
computerized mug-shot system for every inmate
lodged at the CITY JAIL.
Accurately entering inmate information into a
computerized fingerprint system for every inmate
not transported to a San Bernardino County
Sheriff's Department detention facility.
Prepare release documents, including but not
limited to Notices-to-Appear and property
disposition sheets before releasing inmates.
On a weekly basis the Day Shift CUSTODY ASSISTANT
shall inventory, order and stock supplies,
preprinted forms, prisoners meals and other
materials necessary for the efficient operation
of the CITY JAIL.
CONTRACTOR employees assigned to the JAILER position
shall be responsible for accurately completing the
following tasks while working at the CITY JAIL:
A. Answering a multiple line telephone and providing
courteous, prompt, and accurate information about
inmates and jail operations to the public and
departmental personnel.
Controlling entry into and out of the CITY JAIL
with an electronic door control system and manual
keys.
Monitoring CCTV cameras to insure safety of
inmates, staff, and the public.
Sounding alarms for assistance while remaining
calm and alert.
Collecting, inventorying,
property.
Typing or writing information on log forms.
Accurately entering inmate and arrest data into
the CI"TY JAIL Corrections Management System
(CMS) , for every inmate lodged at the CITY JAIL
while the person is still present at the CITY
JAIL.
Accurately entering
collecting digital
computerized mug-shot
lodged at the CITY JAIL.
Accurately entering inmate information into a
computerized fingerprint system for every inmate
not transported to a San Bernardino County
Sheriff's Department detention facility.
Prepare release documents, including but not
limited to Notices-to-Appear and property
disposition sheets before releasing inmates.
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2006-319
1.
J.
and safeguarding inmate
inmate information and
photographs with a
system for every inmate
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2006-319
K. Logging the arrival and departure of inmate
workers.
L. Coordinating work assignments for inmate workers.
M. Searching inmates who arrive at the facility.
N. Direct . inmates to cells based on established
housing criteria.
O. Question inmates about medical history and
document answers.
P. Coordinate inmate access to telephones.
Q. Fingerprint inmates on paper or with automated
systems.
R. Prepare meals for inmates and feed inmates.
S. Provide hygienic supplies as needed for proper
inmate health and bedding.
T. Assure cleanliness of j ail cells, offices, work
areas, and equipment.
U. Between 0300 Hours and 0700 Hours assist
TRANSPORT OFFICERS with the actual transportation
of inmates to San Bernardino County Sheriff's
Department detention facilities.
CONTRACTOR employees assigned to the TRANSPORT OFFICER
position shall be responsible for accurately completing the
following tasks while working at the CITY JAIL:
A. Inspect and prepare a transportation van for
transporting inmates.
B. Inspect and prepare inmate transportation
restraints.
C. Properly place all transport inmates with waist
chains or handcuffs, and leg restraints.
D. Coordinate the safe loading of inmates into a
transportation van in compliance with California
Vehicle Code restrictions regarding passenger
transportation limitations.
E. Collecting, inventorying, and safeguarding inmate
property that is to be transferred with the
prisoners.
F. Collecting, inventorying, and safeguarding inmate
booking documents that are to be transferred with
the prisoners.
G. Transporting prisoners to detention facilities in
a transportation van in compliance with all
California Vehicle Code regulations.
H. Complying with all facility regulations of the
San Bernardino County Sheriff's Department while
at one of their facilities.
Page 5 of 14
Complying with all directions from members of the
San Bernardino County Sheriff's Department while
at one of their facilities.
Typing or writing information on logs.
Accurately entering inmate and arrest data into
the CITY JAIL Corrections Management System
(CMS), for every inmate transported from the CITY
JAIL immediately upon returning from a Sheriff's
Department facility.
Prepare release documents, including but not
limited to Notices-to-Appear and property
disposition sheets before releasing inmates.
Searching inmates who arrive at or
transported from the CITY JAIL.
Direct inmates to cells based on established
housing. criteria.
Question inmates
document answers.
Assure cleanliness of jail cells, offices, work
areas, and equipment.
Assure cleanliness of jail transportation vans
and report any maintenance needed.
CONTRACTOR employees assigned to the CUSTODY
SUPERVISOR position shall be responsible for accurately
completing all of the tasks outlined for CUSTODY ASSISTANT,
JAILER and TRANSPORT OFFICER. Additionally, CONTRACTOR
employees assigned to the CUSTODY SUPERVISOR position shall
be responsible for accurately completing the following
tasks:
A.
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2006-319
1.
J.
K.
L.
M.
are
N.
O.
about
medical
and
history
P.
Q.
B.
Properly staffing the CITY JAIL at all times in
compliance with the contract.
Ensure that all CONTRACTOR employees are able to
complete all duties listed in the appropriate
sections of this service agreement.
Interact with Police Department supervisors and
manager;; courteously with regards to all aspects
of CITY JAIL operations.
Evaluate the daily performance of CONTRACTOR
employees and serve as the initial contact point
for performance related issues.
Provide training to CONTRACTOR employees
arrange for training by CITY employees.
Courteously provide assistance and training to
CITY personnel about CITY JAIL procedures.
Ensure cleanliness of CITY JAIL cells, work
areas, and equipment and that all CONTRACTOR'S
employees project a professional image.
C.
D.
E.
or
F.
G.
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2006-319
H. Ensure that all supplies and materials necessary
for efficient CITY JAIL operations are on hand or
have been ordered.
6. Authorized Staffing Levels. CONTRACTOR is
authorized and expected to always have the following staff
present and available for work at the CITY JAIL each day of
the contract:
Personnel/Shift Day shift Evening Morning Transport
0800-1600 Shift Shift shift
1600-2400 2400-0800 0400-1200
CUSTODY ASSISTANT 1 1 1
CUSTODY SUPERVISOR 1
JAILER 1 1
TRANSPORT OFFICER 1
CONTRACTOR may not increase staffing levels without
the expressed written approval of the CITY.
7. Closure of CITY JAIL/Alternative Staffing
Methods. The staffing levels for the City Jail specified
by the contract are outlined in Section 6 of this Service
Agreement. If CONTRACTOR fails to provide the staffing
specified in the contract, the CITY JAIL shall be deemed as
"under staffed." While "under staffed," the CITY reserves
the right to close the facility for safety or may
optionally provide CITY staffing to keep the CITY JAIL
operational at the staffing level in the contract.
CONTRACTOR shall not bill for any services during periods
of closure due t.o the lack of staffing specified in the
contract. If the CITY provides an employee to keep the
City Jail operational instead of closing the jail,
CONTRACTOR shall credit full cost of the city employee
(with benefits) to the CITY.
CONTRACTOR will have two hours to properly staff the
CITY JAIL after being notified by the CITY of a staffing
deficiency that leads to a "under staffed" status to remain
in compliance with contract staffing requirements. If the
CITY JAIL is still in an "under staffed" status two hours
after notification from the CITY, the CITY shall have the
right to close the facility or provide the necessary CITY
personnel needed to meet the minimum staffing levels.
CONTRACTOR'S employees assigned to CUSTODY ASSISTANT
duties may be replaced by the CITY with Police Records
Technicians, Police Community Service Officers, Police
Services Assistants or Administrative Clerks. The
reimbursement rates for each classification shall be actual
salary and benefit rates of the employee filling the
vacancy. (The current top step salary and benefit rates for
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2006-319
these positions 2lre as follows: Police Records Technicians
$20.21 per hour, Police Community Service Officer II
$23.33 per hour, Police Services Assistant $21. 48 per
hour, and Administrative Clerk III - $20.56. The only City
classifications qualified to replace CUSTODY OFFICERS or
CUSTODY SUPERVISORS are Police Officers and Reserve Police
Officers. The reimbursement rates for each classification
shall be actual salary and benefit rates of the employee
filling the vacancy. (The current top step salary and
benefit rates for these positions are as follows: Police
Officers $39.66 per hour and Reserve Police Officers
$26.00 per hour.
S. Authorized Billing Rates.
authorized to invoice the CITY for
provided, after the services are provided,
agreed upon rates:
A. CUSTODY ASSISTANT hours at $15.79 per hour.
B. JAILER AND TRANSPORT OFFICER hours at $17.29 per
hour.
C. CUSTODY SUPERVISOR hours at $18.80 per hour.
9. Authorized Transportation Overt~e and Overtime
Rates. The CITY and CONTRACTOR recogni ze that there are
many variables associated with the transportation of
inmates to San Bernardino County Sheriff's detention
facilities. When a TRANSPORT-OFFICER must work overtime to
complete his Iher transportation duties, the following
procedures shall always be used to document billable
overtime:
A.
CONTRACTOR is
actual services
at the following
The TRANSPORT OFFICER shall remain
detention facility until all inmates are
booked into the facility or until
relieved by a CONTRACTOR employee or
employee.
Upon returning to the CITY JAIL and at the end of
the officer's shift, the TRANSPORT OFFICER shall
complete a CONTRACTOR provided overtime slip.
The overtime slip must be countersigned by a CITY
supervisory employee.
CONTRACTOR may bill for transportation overtime
worked, after it has been worked, and after the
overtime slip has been countersigned by a CITY
supervisor.
All transportation overtime shall be billed at the
rate of $24.21 per overtime hour.
10. Special Enforcement Operations and Projects. At
various times, the CITY may operate special enforcement
operations or projects that result in an increase in
at the
properly
properly
a CITY
B.
C.
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2006-319
workload for the CITY JAIL. The CITY has no requirement to
increase staffing levels in the CITY JAIL specified in the
contract to accommodate such operations or proj ects. The
CITY may elect to supplement special enforcement operations
or proj ects with additional CONTRACTOR services. The CITY
will make a good faith effort to provide CONTRACTOR with 24
hours advance notice when the CITY wishes to purchase
additional staffing services. CONTRACTOR will likewise
make a good faith effort to fill the additional CONTRACTUAL
services and will convey the outcome of these efforts to
the Watch Commander prior to the commencement of the
special enforcement operation/project. CONTRACTOR
acknowledges the. variable dynamics associated with modern
municipal law enforcement services and acknowledges that
there will be circumstances where advance notice may not be
possible.
When
enforcement
procedures
overtime:
A.
UNIFORMED CUSTODY OFFICERS work
operation or project overtime, the
shall always be used to document
special
following
billable
Upon completing the assignment and before leaving
the CITY JAIL, the CUSTODY OFFICER shall complete
a CONTRACTOR provided overtime slip. The
overtime slip must be countersigned by a CITY
supervisory employee.
CONTRACTOR may bill for special enforcement
operation or project overtime worked, after it
has been worked, and after the overtime slip has
been countersigned by a CITY supervisor.
All special enforcement operation or project overtime
shall be billed at the rate of $24.21 per overtime hour.
11. Handling Inmate Money. CONTRACTOR'S employees
shall not handle. inmate money except when the money is
presented to the employee by a CITY employee in a sealed
CITY provided money envelope or evidence envelope that has
been sealed in a plastic security bag. When transporting
an inmate, or a group of inmates, to a Sheriff's Department
detention facility the CONTRACTOR'S employees shall present
inmate money to the Sheriff's Department employee while it
is still sealed in a plastic security bag. When releasing
an inmate at the CITY JAIL, the CONTRACTOR'S employees
shall present inmate money to the inmate being released
while it is still sealed in a plastic security bag.
12. CONTRACTOR Invoicing and Payment. Over the term
of this Service Agreement, CONTRACTOR shall be paid for
actual services provided, after the services have been
provided, and after an invoice for the services has been
B.
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2006-319
delivered to the CITY. CONTRACTOR shall provide the CITY
with a monthly invoice in arrears and shall be provided
payment within thirty (30) days therefrom. All overtime
hours shall be itemized separately from normal service
charges and a cepy of each CITY approved overtime slip
shall be provided with the monthly invoice. CITY retains
the right to challenge all or any part of an invoice. CITY
will deduct any reimbursement arising from using CITY
employees to fill vacancies in staffing specified by the
contract and will provide CONTRACTOR will written
documentation of the reimbursement.
13. CLETS Management Control Agreement. Pursuant to
directions from the Department of Justice, California Law
Enforcement Telecommunications Systems (CLETS), and Part 10
of the National Crime Information Center (NCIC) Operating
Manuel, it is agreed that CITY shall have management
control over all automated computer systems used by
CONTRACTOR'S employees in the City Jail.
In recognition of the necessity to conform with all
policies, rules, and procedures of National Crime
Information Center (NCIC), the Criminal Justice Information
System (CJIS) , the National Law Enforcement
Telecommunications System (NLETS) and the CLETS, it is
further agreed that CITY shall have the authority to set
and enforce (1) 'priori ties; (2) standards for selection,
supervision, and termination of assignment of personnel;
and (3) policy governing the operation of computers,
circuits and telecommunications terminals within City Jail,
used to store, process, and or transmit criminal history
and other record information derived or transmitted via the
CLETS. This management control includes the overall
supervision of applicable equipment, systems design,
programming, and operating procedures associated with the
development, implementation, and operation of any
computerized message switching or database systems utilized
by the served law enforcement agency or agencies.
CONTRACTOR shall train all of CONTRACTOR'S employees
assigned to City Jail to recognize that all automated
systems provided by the CITY within the City Jail are for
official use only. CONTRACTOR shall admonish all of
CONTRACTOR'S employees assigned to the City Jail that they
shall only make inquiries into CITY owned computer systems
regarding inmates actually at the City Jail. CITY provided
email accounts are for official business only. CITY
provided internet" services are for official CITY business
only. CONTRACTOR'S employees shall not remove printouts,
records, data, files, or information, from CITY owned
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automation systems for any reason, except during the
official course and scope of their assignment at the City
Jail. All training will be documented and CONTRACTOR will
provide CITY with copies of this documentation for each
CONTRACTOR employee assigned to provide contract services.
14. Timely Data Entry. CONTRACTOR acknowledges that
data entered into CITY owned automation systems located in
the City Jail are used by the CITY for real time operations
and essential statistical reporting. CONTRACTOR shall be
responsible for ensuring that CONTRACTOR'S employees enter
booking data on all inmates brought to the City Jail while
the inmate is still present at the City Jail. CONTRACTOR
shall ensure that CONTRACTOR'S employees completely close
an inmate's booking record within four hours of release, or
within four hours of completing transfer to a Sheriff's
Department detention facility.
Having acknowledged the importance of the data
CONTRACTOR'S employees enter into CITY owned automation
systems, if the CITY must correct, modify, repair, reenter
or delete data entered by the CONTRACTOR'S employees the
CONTRACTOR shall credit full cost of the CITY Information
Technology employee (with benefits) who has to make the
repairs to the CITY.
The reimbursement rate shall be actual the salary and
benefit rates of the employee correcting the data. (The
current top step salary and benefit rates for Information
Technician II us $47.92.)
15. Cancellation and Extensions. This Service
Agreement is subject to termination without cause by either
party upon thirty (30) days written notice to the other.
There shall be no extensions of this Service Agreement.
16. 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 prope~ty 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 negligent performance of this Service Agreement by
CONTRACTOR, but excluding such actions, claims, demands,
lawsui ts and liability for damages to person or property
arising from the negligence or willful misconduct of CITY,
its officers, employees, or agents.
17. Insurance. While not restricting or limiting the
foregoing, during the term of this Service Agreement,
CONTRACTOR shall maintain in effect insurance as described
below:
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A. Worker's compensation insurance as required by
California law.
B. Commercial general liability insurance, or
equivalent form, with a combined single limit of
not less than $5,000,000.00 per occurrence. If
such insurance contains a general 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.
CONTRACTOR'S naming of the CITY as an additional
insured on its liability policies pursuant to
this Services Agreement shall afford coverage
only for the negligent acts or omissions of
CONTRACTOR pursuant to this Services Agreement,
be limited to the terms and conditions of this
Services Agreement and shall in no event be
construed for any purpose so as to make
CONTRACTOR or the issuer of such policies liable
for the negligence (j oint, concurrent,
independent or indi vidual) , acts, errors, or
omissions of the CITY or its employees. The
additional insured coverage is provided to the
extend of the indemnification provision, in 16 -
Indemnity above.
C. Business automobile liability insurance, or
equivalent form, with a combined single limit of
not less than $5,000,000.00 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 thirty (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 Service Agreement; and
(c) replace such certificates for policies expiring prior
to completion of work under this Service Agreement.
CONTRACTOR shall file a copy of all policies of insurance
applicable to this Service Agreement with CITY'S Director
of Risk Management prior to commencing performance.
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18. Independent Contractor. CONTRACTOR shall perform
work tasks as directed by CITY, but for all intents and
purposes shall be an independent contractor and not an
agent or employee of the CITY.
19. Business License: Contractor/consultant/vendor
warrants it possesses, or shall obtain, and maintain during
the term of this Agreement a business registration
certificate pursuant to Title 5 of the City of San
Bernardino Municipal Code, and any and all other licenses,
permits, qualifications, insurance and approvals of
whatever nature that are legally required of the
contractor/consultant/vendor to practice its profession,
skill or business.
20. Discrimination Prohibited. In the performance of
this Service Agreement and in the hiring and recruitment of
employees, CONTRACTOR shall not discriminate on the basis
of race, creed, age, color, religion, sex, disability,
ethic background, or country of origin.
21. Replacement of CONTRACTOR'S Assigned Personnel.
CONTRACTOR and CITY agree that "cause" for replacement of a
CONTRACTOR'S assigned employee shall be established when
CITY'S Chief of Police or his designee provide a verbal or
written explanation to CONTRACTOOR of the reason why such
action is necessary. The determination for such action
shall be wi thin the sole and unfettered discretion of the
CITY'S Chief of Police or his designee.
22. 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:
Michael Billdt, Chief of Police
710 North "D" Street
San Bernardino, CA 92401
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.
23. Modifications. No change or modification of the
terms or provisions of this Agreement shall be deemed valid
unless in writing and signed by both parties.
Page 13 of 14
"
2006-319
24. Governing Law. This
by and performed in accordance
of California.
25. Effect of Headings.
Agreement have been inserted
only and shall not affect the
provisions of this Agreement.
Agreement shall be governed
with the laws of the state
The heading sections of this
for convenience of reference
interpretation of any of the
IN WITNESS WHEREOF,
this Agreement on the day
Bernardino, California.
the parties hereto have executed
and date first above shown at San
CITY OF SAN BERNARDINO
A Municipa rpor ~
~ 2' r; ~fc<
,~;<dy McCamrnack,
'~yor Pro Tern
ATTEST:
~1h.~
Rac 1 Clark, Clty Clerk
Date: ~ 1, L{)O"
III
THE WACKENHUT CORPORATION
BY:~~
Diane Schreiber
Manager,
Contracts Administration
9J1p(p
III
III
III
III
III
III
III
III
Page 14 of 14