HomeMy WebLinkAboutContracts & Agreements_89-99_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is made and entered into this 21 st day of September, 1999 by and between
the City of Redlands,a municipal corporation,hereinafter("City")and The Wackenhut Corporation,
hereinafter("Contractor").
AGREEMENT
Section 1. Contract Documents. Contractor shall furnish to City jail services at City's
temporary holding facility located at City's Police Department, 212 Brookside Avenue, Redlands,
California. City's Specifications for Detention Facility Security Services attached hereto as Exhibit
"A" are hereby incorporated by reference into this Agreement.
Section 2. Payment. Contractor shall be paid the sum of One Hundred Twenty Four
Thousand Eight Hundred Seventy Seven and 57/100 Dollars($124,877.57)for the services provided
under this Agreement. Contractor shall provide City with a monthly invoice and shall be entitled
to payment within thirty (30) days thereof. City retains the right to challenge all or any part of an
invoice. City and Contractor may, by mutual consent, increase the amount of payment by three to
five percent annually.
Section 3. Term and Cancellation. The term of this Agreement shall be for one(1)year
from the date first written above, and shall be automatically renewed for successive one (1) year
terms, unless terminated by either City or Contractor by providing written notice of such
termination to the other ninety (90) days prior to the date of the end of the term.
Section 4. Indemnity. Contractor shall defend, indemnify and hold harmless City, its
elected officials, officers, employees and agents, from and against any and 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 organization arising out of or
in connection with Contractors negligent acts or omissions under this Agreement; but excluding
such actions,claims,demands,lawsuits and liability for damages to persons or property arising from
the sole negligence or willful misconduct of City, its officers, employees or agents.
Section 5. Insurance. Contractor shall procure and maintain during the term of this
Agreement, comprehensive general liability and property damage insurance, including automobile
and excess liability insurance,against all claims for injuries to persons or damages to property which
may arise from or result in connection with the performance of Contractor's services, its agents,
representatives, employees or subcontractors. Contractor shall also carry Workers' Compensation
Insurance in accordance with State of California Workers' Compensation laws. All of Contractor's
insurance shall name City, its elected officials, officers, 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 (1) shall be primary insurance and any insurance or self-insurance
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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; (iv) shall be written by insurance companies qualified to do
business in California and rated`B+"or better in the most 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 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 thirty (30) days prior written
notice thereof given by the insurer to City by U.S. Mail, certified or 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 services are commenced. The duplicate originals and original endorsements for each
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:
A. General Liability(including premises and operations, contractual liability, personal
injury, independent contractor's liability): Five Million Dollars ($5,000,000), single limit, per
occurrence and annual aggregate.
B. Automobile Liability(including owned, non-owned and hired autos): Five Million
Dollars($5,000,000), single limit, per occurrence and annual aggregate.
C. Workers' Compensation and Employer's Liability: In accordance with State
Statutory requirements.
D. Professional Liability: Five Million Dollars($5,000,000),per occurrence and annual
aggregate.
Any deductible or self-insured retentions shall be declared to and approved by City prior to
the execution of this Agreement by City.
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
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execution of this Agreement."
For any Workers' Compensation and Employer's Liability Coverage,the insurer shall agree
to waive all rights or subrogation against 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. 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 with the provisions of law relating to Worker's Compensation.
Section 6. Independent Contractor. It is the express intention of the parties hereto that
Contractor is an independent contractor and not an employee or agent of City. Nothing in this
Agreement shall be interpreted or construed as creating or establishing a relationship of employer
and employee between City and Contractor. Both parties acknowledge that Contractor is not an
employee for State tax, Federal tax or any other purpose.
Section 7. Discrimination Prohibited. In the performance of this Agreement and in the
hiring and recruitment of employees, Contractor shall not discriminate on the basis of race, creed,
color, religion, sex, physical handicap, ethnic background or country of origin.
Section 8. Replacement of Assigned Personnel. The parties agree that "cause" for
replacement of an assigned employee, as provided in City's Specification for Detention Facility
Security Services, shall be deemed established when City's Chief of Police,or his designee,provides
a written explanation to Contractor as to the reason why such action is necessary. The determination
of the necessity for such action shall be within the sole and unfettered discretion of the Chief of
Police or his designee.
Section 9. Notices. Any notice to be given pursuant to this Agreement shall be deposited
with the United States Postal Service, postage prepaid and addressed as follows:
CITY: James R. Bueermann, Chief of Police
212 Brookside Avenue
P.O. Box 3005
Redlands,California 92373
CONTRACTOR: The Wackenhut Corporation
1737 Atlanta Avenue, #H-3
Riverside, California 92507
Nothing in this paragraph shall be construed to prevent the giving of notice by personal service.
Section 10. Assignment. Contractor shall not assign or subcontract any part of the
services subject to this Agreement without first obtaining the written consent of City.
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EXHIBIT "A"
SPECIFICATIONS FOR DETENTION FACILITY
SECURITY SERVICES
In accordance with the Independent Contractor Agreement between the City of Redlands ("City")
and The Wackenhut Corporation("Contractor"), Contractor shall:
1. Furnish City with professional,uniformed jail custodial personnel, 18 years of age and older,
licensed to legally operate a vehicle in California, to operate the custody facility located at
212 Brookside Avenue, Redlands, on a one (1)person schedule which covers 24 hours per
day, seven days per week, including holidays. Contractor shall fill any vacancies created by
sickness,vacations, required training, etc. Uniforms shall be furnished and uniform upkeep
shall be maintained by Contractor.
2. Furnish City with a copy of all background investigations performed on all personnel
assigned to fulfill this Agreement. Background investigations shall include: 7 year employer
review and history revealing meaningful employment; high school diploma or equivalent;
drug screening test; reference check; fingerprint check; credit check; 40 hours of
Contractor's professional training and a MMPI psychological test.
3. Furnish City with a copy of certificates or other documentation showing that personnel
assigned to fulfill this Agreement have successfully completed the following required
training, furnished at Contractor's expense:
A. Custodial Officer's Training as required by California Penal Code Section 831, which
includes eight hours of"court and temporary holding facility" training in compliance
with California minimum jail standards, California Code of Regulations, Title 15,
Section 1024; and
B. American Red Cross First Aid course, including CPR.
4. Comply with all Federal and State laws for the operation of jail facilities. Maintain a
thorough working knowledge of, and comply with, Title 15 of the California Code of
Regulations. In addition, all contract personnel assigned to fulfill this Agreement shall be
required to read applicable chapters of the Redlands Police Department Policy Manual
pertaining to Title 15 and the Jail Procedure Manual.
6. Maintain a thorough working knowledge of, and comply with, all sections of the Redlands
Police Department Jail Procedure Manual pertaining to custodial duties and jail operations.
Each contract personnel assigned to fulfill this Agreement shall be required to read
applicable chapters of this manual in full. Contractor shall be provided with one copy of the
required manual.
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7. Perform duties under the guidelines established in the Redlands Police Department Policy
Manual and Jail Procedure Manual relating to custody and transportation of prisoners,
including but not limited to:
A. Transportation of prisoners from field locations to the jail facility;
B. Assume all responsibilities for the care and processing of prisoners that would otherwise
be relegated to the arresting or booking officers relating to prisoner custody and housing.
C. Complete booking of prisoners;
D. Mandated inspections of the jail facility and persons detained therein;
E. Evaluate prisoners for criteria relating to:
1. Admittance to the Jail facility,
Il. Segregation of prisoners;
111. Need for medical attention;
IV. Feeding schedules and serving of meals;
F. Produce reports relating to incidents they witness or are involved in;
G. Notification of Police Department supervisors;
H. Booking of property into evidence;
1. Fingerprinting applicants and registrants;
J. Testify in court and/or administrative hearings;
K. Accept bail/bonds and release prisoners;
L. Transportation of prisoners from the jail facility to other locations:
1. County jail;
11. Ward - B;
111. Hospital;
IV. Other location as determined by Police Department supervisory personnel;
M. Process County prisoners in and out of jail facility.
8. Comply with the lawful orders directed by any city employee having supervisorial
responsibilities over the temporary holding facility.
9. Comply with minimum pre-service training standards and requirements for all contract
personnel assigned to fulfill this Agreement. Training conducted by City shall include, but
is not limited to: CLETS/NCIC, PMIS (Police Management Information System), report
writing, air-pack training and City/Department Customer Service Policy. Contractor shall
make contract personnel available, at Contractor's expense, in meeting this requirement.
10. Comply with in-service training standards and requirements for all contract personnel
assigned to fulfill this Agreement. Group training conducted by City shall be accomplished
in a four-hour block every three months. Contractor shall make contract personnel available,
at Contractor's expense, in meeting this requirement.
11. Contract personnel are prohibited from carrying a firearm while on-duty with City.
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The City shall:
1. Furnish Contractor and contract personnel assigned to fulfill this Agreement with one copy
of the Redlands Police Department Policy Manual Jail Operation Chapter and Jail Procedure
Manual.
2. Furnish all contract personnel assigned to fulfill this Agreement the minimum training in
CLETS,as required by the Department of Justice. Training may be conducted one-on-ane
or in group format depending on training needs and number of personnel.
3. Approve,reject and/or dismiss contract personnel assigned to fulfill this Agreement. City
shall provide written notification to Contractor upon the rejection or dismissal of contract
personnel. City shall not reject or dismiss contract without cause, and shall not discriminate
on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or
country of origin.
4. Supervise and direct contract personnel assigned to fulfill this Agreement. City retains the
right to:
A. Fingerprint and photograph contract personnel;
B. Obtain criminal history records on assigned personnel;
C. Verify background information and assigned employee's driver's license status;
D. Discuss contractual agreement with other law enforcement agencies.
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Section 11. 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.
Section 12. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
Section 13. 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.
Section 14. Attorney's Fees. In the event any action is commenced to enforce or interpret
the terms or conditions of this Agreement the prevailing party shall, in addition to any costs and
other relief, be entitled to the recovery of reasonable attorney's fees.
Section 15. Entire Agreement. This Agreement represents the entire agreement of the
parties hereto as to the matters contained herein and supersedes any and all prior written or verbal
agreements between the parties.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and
date first shown at Redlands, California.
CITY OF REDLANDS
By: ILi
William Cu ingham, lMayor
ATTEST:
Lorri PoyzerClerk
THE WACKENHUT CORPORATION
By:
By:
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