HomeMy WebLinkAboutAS1- City Attorney 'C-!TV -OF= SAN BERK RDINO - REQUEST F R COUNCIL ACTION
From: James F. Penman Subject: Resolution of the City of San Bernardino
Authorizing the Execution of Amendment No. 1 to
Dept: CI'T'Y ATPORNEY the Services Agreement Between the Wackenhut
Co ration and the Cit y of San Bernardino
Date: January 18, 1996 r�� t
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Synopsis of Previous Council action:
12-18-95 -- Mayor and Council approved Services Agreement.
Recommended motion:
Adopt resolution
Signature
JJmes F. Penman
Contact person: James F_ penman Phone: 5355
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount:
< Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:/, , 1 1 Yev,
Q)w.a uA - 17,3 7 affa,& 3 V;�4 5o 7 -
, ,� D', 40 Agenda Item No.
CITY 01P SAN BERIORDINO - REQUEST L-)R COUNCIL ACTION
STAFF REPORT
On December 18, 1995, the Mayor and Council approved a Services Agreement with The
Wackenhut Corporation for operation of the detention facility in the new police building. Apparently,
the final draft of the Agreement did not reach Wackenhut's corporate headquarters in Florida until
after the Mayor and Council approved it. Wackenhut executed and returned the document with a
request that certain language be added to the paragraph covering insurance and made it clear that its
approval of the agreement was contingent on the City's acceptance of the amendment.
For reasons immaterial at this point, we found the amendment unacceptable. Further
discussions resulted in Wackenhut agreeing to withdraw its proposed amendment and accept one
incorporating the same insurance requirements found in its agreement with the City of Irvine. These
requirements are substantially equal to those in the original agreement. Key provisions that remain
unchanged include a minimum$5,000,000 policy limit in "occurrence" form, designation of the City,
its officials and employees as additional insureds, and a requirement that Wackenhut's insurance be
"primary" to City's. New provisions include one giving the City the right to review any deductible
or a self-insured retention and one allowing the City to reject a policy written by a company which
lacks Best's rating of`B+" or better.
We recommend approval of the amendment.
75-0264
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AMENDMENT NO. 1 r
This amendment dated the 11th day of January, 1995 modifies the Services Agreement by
and between THE WACKENHUT CORPORATION, hereinafter referred to as CONTRACTOR
and the CITY OF SAN BERNADINO, hereinafter referred to as CITY, as follows:
I Page 2, item 5 B shall be changed to read as follows:
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 additional
insureds However, CONTRACTOR's naming of the CITY, its appointed and elected officials,
and its employees as additional insureds in its liability policy pursuant to this agreement, shall
afford coverages only for the negligent performance of activity by CONTRACTOR for the CITY
pursuant to this Agreement, be limited by the terms and conditions appearing in such Agreement,
and in no event be construed for any purpose so as to make CONTRACTOR or its insurer liable
for the acts or omission of the CITY, its appointed and elected officials, and its employees.
All other terms and conditions of the original Agreement remain as is.
I
CITY OF SAN BERNADINO
A Municipal Corporation
I By:
Tom Minor, Mayor
ATTEST:
Rachel Clark, City Clerk
THE WACKENHUT CORPORATION
By: `"
Y
HenrylB. Vurm
ce P esi a California District
APPROVED AS TO FORM
LEGAL CONTENT: By
Corporate Officer (Seal)
James P. Rowan, Vice President
By
James F. Penman, City Attorney
AMENDMENT NO. 1
This amendment dated the 11th day of January, 1995 modifies the Services Agreement by
and between THE WACKENHUT CORPORATION, hereinafter referred to as CONTRACTOR
and the CITY OF SAN BERNADINO, hereinafter referred to as CITY, as follows:
Page 2, item 5 B shall be changed to read as follows:
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 additional
insureds However, CONTRACTOR's naming of the CITY, its appointed and elected officials,
and its employees as additional insureds in its liability policy pursuant to this agreement, shall
afford coverages only for the negligent performance of activity by CONTRACTOR for the CITY
pursuant to this Agreement, be limited by the terms and co ditions appearing in such Agreement,
and in no event be construed for any purpose so as to m e CONTRACTOR or its insurer liable
for the acts or omission of the CITY, its appointed and lected officials, and its employees.
}
All other terms and conditions of the origin 1'Agreement remain as is.
I TY OF SAN BERNADINO
A Municipal Corporation
By:
Tom Minor, Mayor
ATTEST:
IRachel Clark, City Clerk
THE WACKENHUT CORPORATION
By:
Henry . to
Vice n , California District
APPROVED AS TO CORM
LEGAL CONTENT:/ By
rporate O icer (Seal)
James P. Rowan, Vice President
By
James F. Penman, City Attorney
tA)aJ",r_
CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
TO- Rachel Clark
City Clerk
FROM: Rica J. Morillo
Sr. sistant City Attorney
DATE: January 22, 1996
RE: Amendment to Agreement with Wackenhut Corporation
Item No. ASA 1 -- Meeting of January 22, 1996
COPIES: Mayor and Common Council; City Administrator
Attached is the original Amendment in the above matter duly executed by
Wackenhut Corporation. It has also been signed by Mr. Penman, reflecting approval as
to legal form and content. We are distributing copies to the Mayor and Common Council
so they will have it prior to taking action at today's meeting. (Note: The attached item is
unchanged from the document we submitted for the supplemental agenda.)
Please let me know if you have any questions.
Attachment
Entered into Record at
CouncillCmyDevCms Mtg:
by �l tuj��dv oy -
re Agenda Item A:5
City CterkICDC Secy
City of San Bernardino
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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Exhibit "A"
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 ihirty (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
of Insurance 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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with the provisions of law relating to Workers' Compensation.
All other terms and conditions of the original Agreement remain as is.
CITY OF SAN BERNARDINO
A Municipal Corporation
By:
Tom Minor, Mayor
ATTEST:
Rachel Clark, City Clerk THE WACKENHUT CORPORATION
By:
Henry B. Sturm
Vice President, California District
By:
Corporate Officer (Seal)
James P. Rowan, Vice President
APPROVED AS TO FORM AND
LEGAL CONTENT:
James F. Penman
City Attorney
By: �i,
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