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HomeMy WebLinkAbout31-Police Department CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Michael A. Billdt, Chief of Police Subject' Resolution of the Mayor and Common Council authorizing a service Dept: Police Department agreement with The Wackenhut Corporation to provide jail staffing per bid Date: August 31, 2006 F-07-03 in an amount not to exceed$362,200 for FY 2006-07 with three optional renewal years. M/CC DATE: September 5, 2006 Synopsis of Previous Council Action Resolution #2003-26, adopted January 27, 2006, authorizing the Purchasing Manager to issue an annual purchase order to The Wackenhut Corporation with three optional renewal years. Resolution #1999-323, authorizing the Purchasing Manager to award a contract and annual purchase order #200377 with the Wackenhut Corporation through June 00 with three single-year renewal options. Resolution #1999-148, adopted 6-12-99, authorizing the Purchasing Manager 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 Purchasing Manager 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 Purchasing Manager to issue a contract purchase order to The Wackenhut Corporation to provide jail operations for the city jail, pursuant to Bid#F096-13. The contract was for one year with two possible one-year extensions based upon performance. Recommended Motion: Adopt Resolution. MICHAEL A. BILLDT, CHIEF OF POLICE Contact person: Captain Steve Klettenberg Phone: 384-5606 Supporting data attached: Yes Ward: All FUNDING REQUIREMENTS: Amount: $362,200 Source: #001-228-5505, Other Professional Services Council Notes: Finance Agenda Item No. C? /old av CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: 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. BACKGROUND: The Wackenhut Corporation has staffed the Police Department detention center continuously since August 1996. Requests for Proposals to provide staffing of the detention center were solicited in 1995, 2000, and 2003. On each occasion, The Wackenhut Corporation was either the sole respondent or provided the most competitive bid for services. ANALYSIS: Police Department staff developed bid specifications to re-bid the contract for jail services. On April 20, 2006, request for Bid #F-07-03 was advertised on the City of San Bernardino web site and in the Sun Newspaper. Bid packages were distributed to 6 potential vendors. A total of four vendors submitted bids. On June 19, 2006, a bid evaluation committee comprised of Lt. Theodis Henson, IS Public Safety Systems Manager Michael Eckley and Civilian Administrative Manager Robert Curtis evaluated the bid responses using the standard evaluation criteria provided by the Purchasing Department. The combined scores and ranking of the vendors are as follows. Ranking Vendor Business Price A verage Location Quote Score 1 Wackenhut Corporation Riverside, CA $344,677 86.0 2 Correctional Systems -Cornell Anaheim, CA $481,969 82.7 3 All Phase Security Sacramento, CA $400,092 73.8 4 All American Private Security Riverside, CA $321,200 36.7 The Wackenhut Corporation was the only qualified vendor that submitted a quote below the $362,200 budgeted by the Police Department. Correctional Systems' price quote was $119,769 higher than the Police Department's budget, while All Phase Security's price quote was $37,892 higher. All American Private Security provided the lowest price quote but was not selected as their proposal clearly demonstrated that they lacked the experience and expertise necessary to fulfill the requirements contained in the Request for Bids. As the Wackenhut Corporation was the lowest responsible bidder, the Police Department recommends that services agreement and purchase order in an amount not to exceed $362,200 for FY 2006/07, with three optional renewal years, be issued to the Wackenhut Corporation for jail services. FINANCIAL IMPACT: The Police Department's adopted budget for FY 2006-07 includes $362,200 for contractual jail services in account 001-228-5505 Qail/Professional Services). RECOMMENDATION Adopt Resolution. 1 Y ` 1 RESOLUTION NO. 2006- � 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING 3 A SERVICE AGREEMENT WITH THE WACKENHUT CORPORATION TO 4 PROVIDE JAIL STAFFING PER BID F-07-03 IN AN AMOUNT NOT TO EXCEED 5362,200 FOR FY 2006-07 WITH THREE OPTIONAL RENEWAL YEARS. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 i 8 SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and 9 directed to execute, on behalf of the City of San Bernardino, a Service Agreement with the j 10 Wackenhut Corporation to provide jail staffing services, per bid specifications F-07-03, a copy j 11 of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as 12 though set forth at length. 13 SECTION 2. The authorization granted hereunder shall expire and be void and of no 14 further effect if the Agreement is not executed by both parties and returned to the Office of the 15 16 City Clerk within sixty(60) days following the effective date of the resolution. 17 18 19 20 21 22 23 24 !' 25 26 27 � r 1 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING A SERVICES AGREEMENT AND AN ANNUAL PURCHASE ORDER TO THE 4 WACKENHUT CORPORATION TO PROVIDE JAIL STAFFING IN AN AMOUNT NOT TO EXCEED $362,200 FOR FY 2006-07 WITH THREE OPTIONAL RENEWAL 5 YEARS. 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 7 and Common Council of the City of San Bernardino at a meeting thereof, held on 8 the day of 2006, by the following vote, to wit: 9 10 Council Members Aves Nays Abstain Absent 11 ESTRADA 12 BAXTER 13 VACANT 14 DERRY 15 KELLY 16 JOHNSON 17 18 MCCAMMACK 19 Rachel G. Clark, City Clerk 20 The foregoing Resolution is hereby approved this day of . 2006. 21 22 23 Patrick J. Morris, Mayor City of San Bernardino 24 A proved as to 25 26 MES F. PENMAN, 27 ity Attornev 28 i Exhibit 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 "CITY") , and the WACKENHUT CORPORATION, . a Florida corporation with a local service center in Riverside, California (hereafter the "CONTRACTOR") . 1 . Agreement Documents and Precedence. In response to CITY RFP F-07-03 (Jail Services for the San Bernardino Police Department) , CONTRACTOR shall furnish jail services at the CITY' S temporary holding facility (hereafter the "CITY 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 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 transportatign 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 be responsible to perform the following services : CUSTODY ASSISTANT. Provide a uniformed custody assistant at the CITY JAIL 24-hours-a-day, seven days a week, including all weekend days, and all holidays, not to exceed 8760 hours (24 x 365) during the contract . JAILER. Provide a uniformed custody officer at the CITY JAIL 16-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 uniformed custody transportation officer who initially reports to the CITY JAIL 8-hours-a-day, seven days a week, including all weekend days, and all holidays for a total of 2920 hours (8 x 365) during the. contract . CUSTODY SUPERVISOR. Provide a uniformed custody supervisor at the CITY JAIL 8-hours-a-day, seven days a week, including all weekend days, and all holidays, not to 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 knowledge and experience. E. Have good oral communications skills . F. Be able to print legibly on written forms . G. Have good customer service skills . H. Be able to move about within the jail without assistance from others and without assistance from devices . I . Must be able to hear warning tones and ringing devices: Page 2 of 14 J. Must have normal color and visual depth-of-field perception. K. Be a high school graduate. L. Possess a valid California Bureau of Consumer Affairs Guard Card. JAILERS, TRANSPORTATION OFFICERS and CUSTODY SUPERVISORS must also meet the following minimum qualifications at all times : A. Meet all California minimum jail training standards . B. 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 of supervisory experience. . 5 . CONTRACTOR' S Employee Minimum Duties . CONTRACTOR shall provide employees who shall perform the following 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 . B. Controlling entry into and out of the CITY JAIL with an electronic door control system and manual keys . C. Monitoring CCTV cameras to insure safety of inmates, staff, and the public. D. Sounding alarms for assistance while remaining calm and alert. E. Collecting, inventorying, and safeguarding inmate property. F. Typing or writing information on log forms . G. 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. H. Accurately entering inmate information and collecting digital photographs with a Page 3 of 14 computerized mug-shot system for every inmate lodged at the CITY JAIL. I . Accurately entering inmate information into a computerized fingerprint system for every inmate not transported to a San Bernardino County Sheriff' s Department detention facility. J. Prepare release documents, including but not limited to Notices-to-Appear and property disposition sheets before releasing inmates . K. 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 . B. Controlling entry into and out of the CITY JAIL with an electronic door control system and manual keys . C. Monitoring CCTV cameras to insure safety of inmates, staff, and the public. D. Sounding alarms for assistance while remaining calm and alert . E. Collecting, inventorying, and safeguarding inmate property. F. Typing or writing information on log forms . G. 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. H. Accurately entering inmate information and collecting ' digital photographs with a computerized mug-shot system for every inmate lodged at the CITY JAIL. I . Accurately entering inmate information into a computerized fingerprint system for every inmate not transported to a San Bernardino County Sheriff' s Department detention facility. J. Prepare release documents, including but not limited to Notices-to-Appear and property disposition sheets before releasing inmates . i Page 4 of 14 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. 0. 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 jail 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 I . Complying with all directions from members of the San Bernardino County Sheriff' s Department while at one of their facilities . J. Typing or writing information on logs . K. 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. L. Prepare release documents, including but not limited to Notices-to-Appear and property disposition sheets before releasing inmates . M. Searching inmates who arrive at or are transported from the CITY JAIL. N. Direct inmates to cells based on established housing criteria . 0. Question inmates about medical history and document answers . P. Assure cleanliness of jail cells, offices, work areas, and equipment. Q. Assure cleanliness of jail transportation vans and report any maintenance needed. CONTRACTOR employees assigned to the CUSTODY SUPERVISOR position shall be responsible for accurately CA 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. Properly staffing the CITY JAIL at all times in compliance with the contract. B. Ensure that all CONTRACTOR employees are able to complete all duties listed in the appropriate sections of this service agreement . C. Interact with Police Department supervisors and managers courteously with regards to all aspects of CITY JAIL operations . D. Evaluate the daily performance of CONTRACTOR employees and serve as the initial contact point for performance related issues . E. Provide training to CONTRACTOR employees or arrange for training by CITY employees . F. Courteously provide assistance and training to CITY personnel about CITY JAIL procedures . G. Ensure cleanliness of CITY JAIL cells, work areas, and equipment and that all CONTRACTOR' S employees project a professional image. Page 6 of 14 C. 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 i JAILER 1 1 TRANSPORT OFFICER I 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 to 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 Page 7 of 14 these positions are 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. 8 . Authorized Billing Rates. CONTRACTOR is authorized to invoice the CITY for actual services provided, after the services are provided, at the following 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 Overtime and Overtime Rates . The CITY and CONTRACTOR recognize 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/her transportation duties, the following procedures shall always be used to document billable overtime : A. The TRANSPORT OFFICER shall remain at the detention facility until all inmates are properly booked into the facility or until properly relieved by a CONTRACTOR employee or a CITY employee. B. 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. C. 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 Page 8 of 14 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 projects . The CITY may elect to supplement special enforcement operations or projects 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 UNIFORMED CUSTODY OFFICERS work special enforcement operation or project overtime, the following procedures shall always be used to document billable overtime: A. 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. B. 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 Page 9 of 14 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 copy 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) -priorities; (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 AMA only. CONTRACTOR' S employees shall not remove printouts, records, data, files, or information, from CITY owned Page 10 of 14 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 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 negligent performance of this Service Agreement by CONTRACTOR, but excluding such actions, claims, demands, lawsuits 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: Page 11 of 14 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 (joint, concurrent, independent or individual) , 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. Page 12 of 14 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 within 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 24 . Governing Law. This Agreement shall be governed by and performed in accordance with the laws of the State of California . 25. Effect of Headings . 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 . CITY OF SAN BERNARDINO A Municipal Corporation By: Patrick Morris, Mayor ATTEST: _ Date: Rachel Clark, City Clerk THE WACKENHUT CORPORATION By: Diane Schreiber Manager, Contracts Administration Page 14 of 14