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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Garrett W. Zimmon, Chief of Police
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Subject: 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.
Dept: Police Department
Date: January 2, 2003
Synopsis of Previous Council Action
Resolution # 1999-323, authorizing the Police Department to award a contract and annual purchase
order #200377 with the Wackenhut Corporation through June 00 with three single-year renewal
optlons.
Resolution #1999-148, adopted 6-12-99, authorizing the Police Department to extend the contract
and annual purchase order #99-2249 with the Wackenhut Corporation until December 31, 1999 to
allow sufficient time to re-bid the contract for jail operations.
Resolution #98-197, adopted 7-6-98, authorizing the Police Department to extend the contract and
annual purchase orders with the Wackenhut Corporation for jail operations until June 30, 1999.
Resolution #95-437, adopted 12-18-95, authorizing the Police Departmel1t to contract with the
Wackenhut Corporation to provide jail operations for the city jail, pursuanf.to Bid #F096-13. The
contract was for one ycar with two possible one-year extensions based upon performance.
Recommended Motion:
Adopt Resolution.
~LO~b-
MICHAEL BILLDT, ASSISTANT CHIEI\OF POLICE
Contact person:
Sergeant M. Blechinger
Phone: 384-5604
Su pporting data attached: Yes
Ward: All
FUNDING REQUIREMENTS: Amount: $173,821
Council Notes:
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Agenda Item No. c;( D
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
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 an annual purchase order to the Wackenhut Corporation an amount not to
exceed $149,021 to the Wackenhut Corporation for jail operations effective 2/1/03 through
6/30/03.
BACKGROUND:
On December 18, 1995, Resolution #95-437 was adopted authorizing the Police Department to
contract with the Wackenhut Corporation to provide jail operations for the city jail, pursuant to Bid
#F-096-13. The contract was for one year with two possible one-year extensions based upon
performance.
On July 6, 1998, Resolution #98-197 was adopted authorizing the Police Department to extend the
contract and annual purchase order with the Wackenhut Corporation for jail operations until June
30, 1999.
On June 21, 1999, Resolution #99-148 was adopted authorizing the Police Department to extend
the contract and annual purchase order #992249 with the Wackenhut Corporation until December
31,1999, to allow sufficient time to re-bid the contract for jail operations.
On December 20, 1999, Resolution #99-323 was adopted authorizing the Police Department to
contract with the Wackenhut Corporation to provide jail operations for the city jail, pursuant to Bid
F-00-023. Annual purchase order 200377 was issued for the period July 1, 2000 through December
31, 2000 with three single year renewal options.
Annual purchase order #203293 in the amount of $161,950 was issued for the period of 7/1/02
through 12/31/02 (when the contract expires). Since there were no extension provisions to this
purchase order, the City Attorney's office recommended an interim purchase order for $24,800
(pO#996626). Purchase order #996626 was established for the period 1/1/03 through 1/31/03 to
allow time for the Common Council to approve the new contract.
ANALYSIS:
Police Department staff worked with the Purchasing Division to develop appropriate bid
specifications to re-bid the contract for jail services. On November 8, 2002, request for Bid #F03-
018 was distributed to four potential vendors and advertised in the San Bernardino Sun newspaper
and on the City of San Bernardino website with a submission date of December 5, 2002. Two
vendors were present for the pre-proposal meeting and the Wackenhut Corporation was the only
respondent to submit a bid. The bid price of $160,046.85 for 1/3/03 through 6/30/03 and
$320,093.71 for 7/1/03 through 6/30/04 is approximately 4.4% higher than actual expenditures for
jail services during the 2001/2002 fiscal year. Therefore, it is reconunended that the City award a
service agreement and an annual purchase order with the Wackenhut Corporation.
Awarding of a service agreement and an annual purchase order to the Wackenhut Corporation will
allow the continued operation of these vital services without interruption. The purchase order will
be for 5 months with the option of three single year renewals (if murually agreed upon) and will
conunence on February 1, 2003. Contracting out these services has proven to be cost effective and
efficient. The Department's efficiency would be negatively impacted by the loss of the jail staffing
as other city employees would need to be hired or redirected to assume these duties on a regular or
overtime basis which would exceed the cost of the jail services.
FINANCIAL IMPACT:
The Police Department's adopted budget for FY 02/03 includes $335,900 for contracrual jail
services under account 001-228-5505 Gail/Professional Services). We anticipate expending $161,950
of these funds by December 31, 2002 for continued jail operations pursuant to Resolution $99-148.
The remaining budgeted funds amounting to $173,821 will be sufficient to cover the jail staffing
costs with the Wackenhut Corporation for the remaining six months of FY 02/03.
RECOMMENDATION
Adopt Resolution.
RESOLUTION NO.
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8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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.
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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 thc Wackenhut Corporation. The services are being extended from January I, 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 the 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 I,
2003 through June 30. 2003 with three single-year renewal options. The purchase order shall
21 reference the Resolution #
and shall read, "The Wackenhut Corporation for jail
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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.
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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.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
7 and Cpmmon Council of the City of San Bernardino at a
meeting thereof, held
8 on the
,2003, by the following vote, to wit:
day of
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Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
LONGVILLE
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
Rachel G. Clark, City Clerk
,2003.
The foregoing resolution is hereby approved this _ day of
Approved as to
Form and legal content:
Judith Valles. Mayor
City of San Bernardino
JAMES F. PENMAN.
City Attorney
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SERVICES AGREEMENT
THIS AGREEMENT is entered into this first day of February, 2003, between
THE WACKENHUT 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 the most advantageous and
best responsible bid for the providing of such services;
NOW THEREFORE. the parties hereto agree as follows:
]. 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
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 behalf of the city 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 effect policies 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 'D' Street
San Bernardino CA 92401
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TO THE CONTRACTOR:
The Wackenhut 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
the day and date first above shown.
Date:
by:
Business Name
Signature
CITY OF SAN BERNARDINO
Date:
by:
Judith Valles
Mayor
City of San Bernardino
ATTEST:
Rachel Clark, City Clerk
Approved as to form
and legal content:
James F. Penman
City Attorney
Byt-. Ii-<--
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OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
300 North "D" Street. San Bernardino. CA 92418-0001
909.384.5002. Fax: 909.384.5158
www.ci.san-bernardino.ca.lls
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January 28,2003
The Wackenhut Corp.
756 The City Drive South, Suite 360
Orange, CA 92868
Dear Sir or Madam:,
At the Mayor and Common Council meeting of January 21, 2003, the City of San Bernardino
adopted Resolution 2003-26 ~ Resolution authorizing a service agreement and annual purchase
order to the Wackenhut Corporation in an amount not to exceed $149,021 for jail operations
effective February 1, 2003 through June 30, 2003.
Enclosed is one (1) original agreement. Please obtain signatures in the appropriate locations and
return the original agreement to the City Clerk's Office, Altn: Michelle Taylor, P.O. Box 1318,
San Bernardino, CA 92402, as soon as possible.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by March 24, 2003
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,.. ./
lJr (! GIJi-J)
Michelle Taylor
Senior Secretary
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Enclosure
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity. Accountability. Respect for Human Dignity. Honesty
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
February 14, 2003
TO:
Sg!. M. Blechinger
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2003-26 - Agreement with Wackenhut Corporation
CC:
Veronica Martinez, Finance
Attached is a fully executed copy of the agreement with The Wackenhut Corporation for jail
operations from February 1,2003 through June 30, 2003. The original agreement is on file in the
City Clerk's Office.
If you have any questions, please call me at ex!. 3206.
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): I" "21"0:-; Item #
Vote: Ayes l-., Nays h
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Abstain
Change to motion to amend original documents:
Resolution #
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Zoo3<)Cp
Absent Jd-
See Attached: L Date Returned: ~ -0 3.
See Attached:
See Attached:
Reso. # On Attachments: V Contract term: -
Note on Resolution of Attachment stored separately: --=-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
tJO
Date Sent to Mayor:
Date of Mayor's Signature:
Date of Clerk/CDC Signature:
1-.23~'-:>)
l- Z,-O:S
1- rye, 2,
Date Memo/Letter Sent for Signature:
(r"Zl. '"<::J"';"
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney /
Parks & Rec.
Code Compliance Dev. Services
Police ,/ Public Services Water
Notes:
NuUNoid After: leo 0"1-':, I 3-:?4-<'3
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By: -
Reso. Log Updated:
Seal Impressed:
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Yes /" No By
Yes NoL By
Yes No --L- By
Yes No / By
Yes No 7 By
EDA
Finance ,/'
MIS
Others:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.l
Ready to File: tn,
Date: 61-11-0':':,
Revised 01112/01