Loading...
HomeMy WebLinkAbout1998-227 .. _ '-t r . . , RESOLUOON NO. 98-227 1 2 RESOLUOON OF TIlE CITY OF SAN BERNARDINO APPROVING A CERTAIN MASTER SERVICES AGREFMENT BY AND BETWEEN TIlE INLAND 3 VALLEY DEVELOPMENT AGENCY AND TIlE CITY. 4 BE IT RESOLVED BY TIlE MAYOR AND COMMON COUNCIL OF TIlE 5 CITY OF SAN BERNARDINO AS FOllOWS: 6 7 SECllON 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute, on behalf of said City, a Master Services Agreement by and between 8 of Norton Air Force Base. SECllON 2. This agreement is rescinded if the parties to the agreement fail to 14 execute it within sixty (60) days of the passage of this resolution. 15 16 III 17 18 19 20 21 III III III III III 22 III 23 24 III 25 III 26 III 27 July 10, 1998 1 28 ~. ~ ", 98-227 RESOLUTION AUlHORIZING AGREEMENT WITH IVDA FOR MASTER SERVICES AGREEMENT FOR NON-AVIATION PORTION OF NAFB. 1 2 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor 3 4 and Common Council of the City of San Bernardino at a regular meeting thereof, 5 held on the 20th day of July 6 Council Members AYES , 1998, by the following vote, to wit: ABSTAIN ABSENT NAYS 7 ESTRADA 8 x x LIEN 9 10 11 SCHNETZ 12 13 14 15 16 ARIAS x x DEVLIN x ANDERSON x MILLER x ().~ /! h,~ ~erk 17 18 19 The foregoing resolution is hereby appr ved this _day of July , 1998. 20 21 22 Approved as to form and legal content: 23 24 James F. Penman, City orney ALLES, Mayor City f San Bernardino 25 26 27 July 10, 1998 } . ,~:u..~ 2 28 CITY OF SAN BERNARDINO INTEROFFICE MEMORANDUM CITY CLERK'S OFFICE RECORDS & INFORMA nON MANAGEMENT (RIM) PROGRAM DATE: August 21,1998 TO: To The File - For The Record FROM: Melanie Miller, Senior Secretary RE: Res 98-227 CC: Rachel Clark, City Clerk; Sandra Medina, Administrative Operations Supervisor At the July 20, 1998 Mayor and Common Council Resolution 98-227 was adopted approving a master services agreement with the Inland Valley Development Agency (IVDA) for caretaker services for the non-aviation portion of the former Norton Air Force Base (AFB). The services included: Police Sergeant services, Fire services, and maintenance of 2 traffic signals on Harry Sheppard Boulevard. One (I) original and two (2) duplicate originals were transmitted to the IVDA for execution. I requested that one (I) original and one (I) duplicate original be returned to us. IVDA returned two (2) duplicate originals to us. Pursuant to this memorandum to the file - for the record I, Melanie Miller, Senior Secretary, certify that the attached duplicate original agreement contains the signatures of: Judith Valles Rachel G. Clark Mayor City Clerk City of San Bernardino City of San Bernardino and is a full, true and correct copy of the original document on file with the IVDA. Dated: 08/21/1998 ~&:k~ ~ Melanie Miller, Senior Secretary Attachment /-/ (/ . , 98-227 MASTER SERVICES AGREEMENT This MASTER SERVICES AGREEMENT ("Agreement") is made and entered into as of the 1st day of July, 1998, by and between the INLAND VALLEY DEVELOPMENT AGENCY, a public entity established pursuant to Government Code Section 6500, et ~., for the joint exercise of powers ("Agency") and the CITY OF SAN BERNARDINO, a charter city under the laws and Constitution of the State of California ("City"), with reference to the following facts: THEREFORE, the Agency and the City agree as follows: 1. Enactment of the Citv The Agency hereby engages the City to provide the police sergeant, fire, and traffic signal maintenance services described in Sections 2, 3 and 4 of this Agreement, and the City hereby accepts such engagement and agrees to provide such services under this Agreement during the term specified in Section 8. 2. Police Serqeant Services The City shall provide the services of one (1) police sergeant (" Sergeant") to the Agency for basic supervision and management of the Office of Resource Protection. The City shall be the sole employer of the Sergeant, who shall work at the direction of the Director, or his designee, of the San Bernardino International Airport Authority, so long as such direction is not inconsistent with all relevant federal, state and local laws and all relevant rules and regulations of the City Police Department. 1 98-227 The Sergeant shall be responsible for recruiting, hiring, determining appropriate training and limited in-house training, managing, scheduling and disciplining approximately fifty (50) part-time security officers. The Sergeant shall also be responsible for initiating requests for and determining which equipment and supplies are to be used in connection with the performance of his and the part-time security officers' services. The City shall provide an automobile for use by the Sergeant in connection with the performance of his services under this Agreement. The Sergeant's services shall be provided by the City on a forty (40) hour per week basis. The Sergeant's services shall commence on the date set forth herein and shall continue until the termination date of the Agreement, unless otherwise modified by the Agency upon thirty (30) days prior written notice. Both parties understand and accept the importance of having coverage of the Sergeant's position and agree that it lS in their mutual interest that the position not be vacant for long periods of time. Therefore, when a situation becomes apparent that will result in a lengthy vacancy in that position (e.g., vacation or injury of the Sergeant), the parties agree to meet to make arrangements to back- fill the position in the most cost and resource-effective manner. Beginning July 1, 1998, the Agency shall compensate the City for the Sergeant's services in the amount of Forty-five Thousand Dollars ($45,000) for each six (6) month period covered by this contract. It is understood that the City's police personnel may not have authority to respond in a Federal jurisdiction, and shall respond only in these areas in which they have authority. 2 98-227 3 . Fire Services 3.1 Description of Services. The City shall provide all fire related services which are required to be performed by the Agency, including without limitation, fire suppression/detection systems, disaster responses, fire protection operations, fire protection technical services and fire protection training. The City shall also provide emergency response for structural fires, paramedic and life-threatening situations, and typical fire engine response services, including without limitation, fire hazardous waste spills and medical emergencies. The aircraft rescue firefighting response related services shall be provided by the City twenty-four (24) hours per day, seven (7) days per week on an emergency response and stand-by basis. All other fire related services shall be provided by the City twenty-four (24) hours per day, seven (7) days per week on an immediate basis, via 911. Non-emergency services will be on a call-in basis upon reasonable notice from the Agency. The services described in this Section 3.1 shall commence on the date set forth hereinabove and shall continue until the termination date of the Agreement, unless otherwise modified by the Agency upon (30) days prior written notice. 3.2 The City shall require all prospective occupants of facilities to comply with the City's Municipal Code fire inspection provisions as a condition of occupying the facilities. 3.3 Equipment and Supplies. The City shall provide all necessary trucks, tools, equipment and supplies which are to be used in connection with the performance of the fire related services under this Agreement. Maintenance of trucks, tools, equipment and supplies shall be performed by the City as needed. 3 98-227 4. Additional Services. The City shall provide maintenance service for two traffic signals on Harry Sheppard Boulevard at a cost of $3,000 per year. 5. Exoenses and PaYment of Invoices. Expenses arising from the provision of the police sergeant, and traffic signal maintenance services will be invoiced per the monthly appropriations report for each department. A copy of the monthly appropriations report will be attached to the invoice as supporting documentation and will be submitted on a monthly basis. The Agency shall reimburse the City upon receipt of an invoice and supporting documentation submitted by the City Finance Department. Once appropriate invoice{s) and proper documentation are submitted and accepted, invoices are to be paid within 30 days. If invoices are not paid within 30 days, interest will be charged at the local Agency Investment Fund (LAIF) rate. 6. Personnel. The City shall employ capable employees to enable it to perform the police, fire and Additional Services. All matters pertaining to the hiring, employment, supervision, compensation, promotion and discharge of such employees are the responsibility of the City, which is, in all respects, the sole employer of such employees. The Agency shall be the sole employer of the security officers working for the Office of Resource Protection. The City shall be entitled to negotiate with any union lawfully entitled to represent such employees and may execute in its own name, and not as agent for the Agency, collective bargaining agreements or labor contracts resulting therefrom. The City shall comply with all applicable laws and regulations with regard to worker's compensation, social security, unemployment insurance, hours of labor, wages, working conditions, and other employer-employee related subj ects. The Agency may request that any person employed by the City to perform police, 4 98-227 fire and Additional Services no longer be permitted to perform such services. Such request of the Agency to the City shall be made in writing and shall specify the reasons therefor. 7. Maintenance of Services. Neither the City nor its employees shall hinder, delay, limit or suspend the continuity of the non-aviation portions of NAFB's function, operation or service in any manner. The City shall not in any manner coerce, intimidate, instigate, endure, sanction, suggest, conspire with, promote, support, sponsor, engage in, condone or encourage any employee to participate in any strike, slowdown, mass resignation, mass absenteeism or any type of concerted work stoppage. In the event any of the above-described actions occur, the City shall be obligated to maintain the police, Fire and Additional Services which are the subject of this Agreement. 8. Term and Termination. This Agreement is an amended extension of an original agreement that commenced on the 1st day of February, 1994. This extension shall commence on July 1, 1998 and unless sooner terminated or extended by both the City and the Agency in writing upon thirty (30) days prior written notice, this Agreement shall terminate on June 30, 1999. 9. Indemnification and Insurance. 9.1 Indemnification. 9.1.1 The City will accept the full responsibility for and shall defend, indemnify and save harmless the Agency and its commissioners, officials, officers, employees and agents from all claims for all loss or damage to property, including loss of 5 98-227 use thereof, and injury to persons resulting from the negligent execution or performance of this Agreement as well as for any claims made by or on behalf of City's agents, servants, and/or employees arising out of their employment or work pertaining to the operations under this Agreement; moreover, the City shall at all times defend, indemnify and hold the Agency, its commissioners, officials, officers, employees and agents harmless from and against any and all liabilities, demand, claims, suits, losses, damages, causes of action, fines, or judgments, including costs, attorneys' and witnesses' fees, and expenses incident thereto, arising out of or in connection with the execution or performance of this Agreement or as a result of the failure by the City to comply with all laws, ordinances or governmental regulations applicable to the City or the conduct of the City's business, including, without limitation, laws, ordinances or governmental regulations applicable to the use, storage, handling or disposal of petroleum products, hazardous materials or waste, or toxic substances. The City will be an independent contractor at all times and in every respect and not the agent of the Agency. Nothing contained herein and no direction or notification from the Agency or the Executive Director to the City shall be construed so as to create a partnership, joint venture or Agency relationship between the parties hereto. The Agency will accept the full responsibility for and shall defend, indemnify and save harmless the City and its commissioners, officials, officers, employees and agents from all claims for all loss or damage to property, including loss of use thereof, and injury to persons resulting from the negligent execution or performance of this Agreement as well as for any claims made by or on behalf of the Agency's agents, servants, and/or employees arising out of their employment or work pertaining to the operations under this Agreement; moreover, the Agency shall at all times defend, indemnify and hold the City, its commissioners, officials, officers, employees and agents harmless from and against any and all liabilities, demand, claims, 6 98-227 suits, losses, damages, causes of action, fines, or judgments, including costs, attorneys' and witnesses' fees, and expenses incident thereto, arising out of or in connection with the execution or performance of this Agreement or as a result of the failure by the Agency to comply with all laws, ordinances or governmental regulations applicable to the Agency or the conduct of the Agency's business, including, without limitation, laws, ordinances or governmental regulations applicable to the use, storage, handling or disposal of petroleum products, hazardous materials or waste, or toxic substances. 9.2 Insurance. The City shall purchase and maintain in effect, at its own expense, during the term of this Agreement insurance from insurers acceptable to the Agency protecting said City, the Agency, its commissioners, officers, employees and agents, against claims for bodily injury, including personal injury, property damage, including loss of use thereof, which may arise or be alleged to have arisen, from the City's activities in connection with the performance of this Agreement, whether such activities be of the City, the City's agent, or of anyone employed by the City. The types of insurance coverage as well as the amounts of such coverage shall be as follows: 9.2.2 The City shall furnish worker's compensation and employers' liability insurance as required by the laws of the State of California covering all persons employed by the City in the performance of the duties described herein. 9.2.3 The City shall provide public liability insurance coverage in the amounts of not less than $10,000,000 for property and $10,000,000 for the death or injury of one person and $5,000,000 for anyone accident or casualty, covering the performance of the services herein ordered. 9.2.4 Within ten this Agreement by the Agency, (10) days after the acceptance of the City shall deliver to the Agency 7 98-227 certificates of insurance evidencing that insurance has been purchased by the City as required in this Section 9.2.4 and copies of endorsements providing (i) thirty (30) days' written notice of cancellation, non-renewal, or reduction in coverage by the insurers to the Agency, and (ii) automobile liability and comprehensive general liability insurance shall include the Agency, its commissioners, officials, officers, employees, and agents as additional insured. Said certificates of insurance and copies of endorsements shall be on file with the Agency at all times thereafter during the term of this Agreement. Failure of the City to provide the certificates of insurance or subsequent receipt by the Agency of a notice of cancellation of the insurance policy(ies) by the City's insurance company (ies) shall constitute a material breach of this Agreement and this Agreement may be terminated by the Agency upon written notice. All policies of insurance required and provided by the City under this Section 8.2 shall include, or be endorsed to provide, a waiver by the insurers of any rights of subrogation that the insurers may have at any time against the Agency, its commissioners, officials, officers, employees and agents. 9.2.5 Notwithstanding the foregoing, the City may substitute a bona fide self-insurance program for any of the insurance requirements indicated in this Section 9.2. The City shall provide the Agency with evidence of excess coverage upon written request. 10. Miscellaneous. 10.1 Notices. Any and all notices be given hereunder shall be in writing delivered or mailed by certified or receipt requested, postage prepaid, to the addresses indicated below: required or permitted to and shall be personally registered mail, return the respective parties at 8 98-227 If to Agency: Inland Valley Development Agency 294 S. Leland Norton Way, Suite #1 San Bernardino, CA 92408 Attn: Executive Director If to City: City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Attn: Fred Wilson, City Administrator Rachel Clark, City Clerk The City Department(s) to which the subject matter of the particular notice pertains. With copies to: Any party may change its address by a notice given to the other party in the manner set forth above. Any notice given personally shall be deemed to have been given upon service and any notice given by certified or registered mall shall be deemed to have been given on the third (3rd) business day after such notice is mailed. 10.2 Inteqration. This Agreement supersedes all prior agreements and understandings between the parties relating to the subject matter hereof. Neither of the parties has relied upon any oral or written representation or oral or written information given to it by any representative of the other party. 10.3 Severabilitv. If one or more of the provisions of this Agreement is hereafter declared invalid or unenforceable by judicial, legislative or administrative authority of competent jurisdiction, the parties hereto agree that the invalidity or unenforceability of any of the provisions shall not in any way affect the validity or enforceability of any other provisions of this Agreement. 10.4 Amendment: Modification. No change or modification of the terms or provisions of this Agreement shall be deemed valid 9 .. 98-227 unless in writing and signed by both parties subject to governmental approval, if required. 10.5 Governinq Law. This Agreement shall be construed, interpreted and applied in accordance with the laws of the State of California. 10.6 Waiver. No waiver of any breach or default shall be construed as a continuing waiver of any provision or as a waiver of any other or subsequent breach of any provision contained in this Agreement. 10.7 Headinqs. The headings of Sections of this have been inserted for convenience of reference only and affect the interpretation of any of the provisions Agreement. Agreement shall not of this 10.8 Assiqnment. Neither hypothecate, or otherwise transfer or delegate such party's duties written consent of the other party party hereto shall assign, such party's rights hereunder, hereunder, without the prior hereto. 10.9 Reneqotiation of the Aqreement. The City and the Agency agree that needs may arise for which this Agreement is insufficient, and further agree that effective services are mutually beneficial. Therefore, any provision of this Agreement may be re-opened and renegotiated as the needs to resolve new issues arise. 10 98-227 .. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. INLAND VALLEY DEVELOPMENT AGENCY By:N~ Executive Director SEAL lerk of SEAL ~ ATTEST: By:r'2"J, f A. ~ ~ary worddoc/aejmay9B/mstrsvc.doc 11