HomeMy WebLinkAbout1994-056
1 RESOLUTION NO. 94-56
2
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN
3 MASTER SERVICES AGREEMENT BY AND BETWEEN THE INLAND VALLEY
DEVELOPMENT AGENCY AND THE CITY.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6
7
8
9
10
11
12
13
14
15
16
17
18
SECTION 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 the Inland Valley
Development Agency and the City of San Bernardino for the provision
of caretaker services for the non-aviation portion of Norton Air
Force Base.
SECTION 2. This agreement is rescinded if the parties to the
agreement fail to execute it within sixty (60) days of the passage
of this resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the city of San
meeting thereof, held on the 21st
Bernardino at a
day
reqular
, 1994, by the following vote, to wit:
of
March
19
20
councilmembers AYES NAYS ABSTAIN ABSENT
21
NEGRETE X
22
CURLIN X
23
HERNANDEZ X
24 X
OBERHELMAN
25
DEVLIN X
26
POPE-LUDLAM X
27
MILLER X
28
9,~ 56
RESOLUTION APPROVING MASTER SERVICES AGREEMENT FOR NAFB
CARETAKER SERVICES.
1
2
3
4
5
6
7
~C~k
The foregoing resolution
March , 1994.
is hereby approved this 2~
/) 1
~ 1/1'--
. I tiJl;1 ,I1/[lr~
Tom Minor, Mayor
City of San Bernardino
day of
Approved as to form
8 and legal content:
9 JAMES F. PENMAN
City At~orney ~
:~ BY{J~~ 7' i~_
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-
'.
9'
, ,
t.":'
56
Res 94-56
MASTER SERVICES AGREEMENT
This MASTER SERVICES AGREEMENT ("Agreement") is made and entered
into as of this 1st day of February, 1994, by and between the INLAND VALLEY
DEVELOPMENT AGENCY, a public entity established pursuant to Government Code
Section 6500, ~ ~., 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:
A, The Agency is the caretaker of the non-aviation portions of Norton Air
Force Base ("NAFB") under that certain Basic Caretaker Cooperation Agreement ("Caretaker
Agreement") by and between the Agency and the United States of America, represented by the
United States Air Force Base Conversion Agency ("Air Force").
B. In order to assist the Agency with its obligations to the Air Force under
the Caretaker Agreement, the City is willing to provide the police, fIre and additional services
as more fully described hereunder, upon the terms and subject to the conditions in this
Agreement.
THEREFORE, the Agency and the City agree as follows:
1. Enl:ae:ement of the City,
The Agency hereby engages the City to provide the police sergeant, fIre, and additional
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 Sergeant 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 Agency's Caretaker
Manager, 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.
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.
-1-
9/. 56
, )
r1AR 15 '94 10: 07AM
P.2
The Sergeant's services shall be provided by the City on a forty (40) hour per week
basis. The Seraeant's services shall commence on the date set forth hezeinabove and shall
continue until the termination date of the Agreement, unless otherwise modi.fied by the Agency
upon thirty (30) days prior written notice. Both parties understand and accept the importance
of having coverqe of the Sergeant's position and agree that it is 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 (eg., 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.
The Agency shall compensate the City for the Sergeant's services in the amount of
Eighty-Two Thousand Dollars ($82,000) per year, at the rate of Forty-One Dollars ($41.00) per
hour.
The Agency shall provide additional compensation for the Sergeant's overtime services
at the rate of Porty-Two Dollars and Thirty Cents ($42.30) per hour. Pre-approval of the
Agency shall be obtained for overtime, except in exigent circumstances where pre-approval Is
impracticable.
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.
3. Pire Services
3.1 pescrlJltion of Services.
The City shall provide all fire related services which are required to be performed by the
Agency under Appendix No.1 an e Tec' . i s to the Caretaker Agreement, including
without limitation, fire SUppresSlOnl etection 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.
To avoid any conflict of interest, the City's Fire Department shall not be directly
responsible for the maintenance of "Pire Suppression/Detection System" as described in
paragraphs 5.4.10.1 and 5.9.3 of Appendix No.1 to the Caretaker Agreement. The Fire
Department will identify to the Agency those systems needing maintenance. The Agency will
in turn contract for such maintenance with a qualified vendor.
The emergency and disaster response related services shall be provided by the City
twenty-four (24) hours per day, seven (7) days per week on an emergency response basis. All
other fire related services shall be provided by the City twenty-four (24) hours per day, 5Cven
(7) days per week on a call-in basis upon reasonable notice from the Agency.
-2-
,
9/ 56
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 thirty (30) days prior written notice.
3.2 Excess Insoection Costs. Under no circumstances shall the Agency be liable
for the costs of inspecting the Fire Detection and Suppression Systems contained in the Level
I, II, III and IV facilities which exceed the sums to be paid by the Agency to the City for such
purpose under Section 3.4.
The Agency shall advise the occupants of such facilities in the event excess
inspection costs may arise. With respect to facilities which are occupied by, or under the Air
Force's control, the Air Force shall either: (i) pay for excess inspection costs in the event the
Air Force desires that the necessary level of inspection be performed; or (ii) provide the Agency
with written notice that the Air Force does not desire the necessary level of inspection to be
performed.
The City shall require all prospective occupants of facilities which are not
occupied by, or under the Air Force's control, to comply with the City's Municipal Code fire
inspection provisions as a condition of occupying the facilities.
3.3 Equioment and Suoolies. 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.
3.4. Comoensation.
During the 1994 Fiscal Year, which commenced on February 1, 1994 and terminates on
September 30, 1994, the Agency shall compensate the City according to the negotiated budget
set forth in Appendix 3 to the Caretaker Agreement ("Negotiated Budget") and based upon the
hourly rates set forth in the Caretaker Proposal dated August 10, 1993 ("Caretaker Proposal")
as follows:
Fire Suppression/Detection Systems
Disaster Response
Fire Department Protection Operations
Fire Department Protection Technical Services
Fire Department Protection Training
Fire Department Emergency Responses
$18,700
$300
$42,400
$17,000
$11,600
$708/per call
During the 1995 Fiscal Year, which commences on October 1, 1994 and terminates on
September 30, 1995, the Agency shall compensate the City according to the Negotiated Budget
and based upon the hourly rates set forth in the Caretaker Proposal as follows:
-3-
9. f.
,.
56
Fire Suppression/Detection Systems
Disaster Response
Fire Department Protection Operations
Fire Department Protection Technical Services
Fire Department Protection Training
Fire Department Emergency Responses
$24,000
$800
$77,600
$34,000
$0
$708/per call
During the period which commences on October 1, 1995 through the termination of this
Agreement, the Agency's compensation to the City for the services described in this Section 3.4
shall be based upon the negotiated budget(s), if any, between the Agency and the Air Force for
the applicable time period(s).
4. Additional Services.
The City shall provide additional services to the Agency, including without limitation,
trash pickup, landscaping, ground maintenance, sewer and storm drain maintenance, planning,
engineering, street sweeping, street lighting, building approval and custodial services
("Additional Services") on an as-needed basis.
The Agency shall notify the City forty-eight (48) hours in advance of the operation
necessitating the Additional Services. The City shall make reasonable efforts to provide the
Additional Services as requested if circumstances necessitate less than forty-eight (48) hours
advance notice. The Additional Services described in this Section 4 shall commence on the dates
set forth hereinabove and shall continue until the termination date of the Agreement, unless
otherwise modified by the Agency upon thirty (30) days prior written notice. The Agency shall
compensate the City for such Additional Services in accordance with the minimum compensation
the City is required to pay pursuant to the Caretaker Proposal.
5. Exoenses and Payment of Invoices. Expenses arising from the provision of the police
sergeant, fire and Additional 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. AIl 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
-4-
9l
'. ~':
56
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 subjects. The
Agency may request that any person employed by the City to perform police, 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 shall commence on the 1st day of February, 1994. 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 December 31, 1995.
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 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 all1aws,
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
-5-
'.
9/
r.: f".
,} 0
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,
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 workmen'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 (10) days after the acceptance of this Agreement by the Agency,
the City shall deliver to the Agency 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
-6-
9t ~!:::
as additional insured. Said certificates and 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 required or permitted to be given hereunder shall
be in writing and shall be personally delivered or mailed by certified or registered mail, return
receipt requested, postage prepaid, to the respective parties at the addresses indicated below:
If to Agency:
Inland Valley Development Agency
201 North "E" Street, 2nd Floor - Suite 203
San Bernardino, CA 92401-1507
Attn: William L. Bopf, Executive Director
If to City:
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Attn: Shauna Clark, City Administrator
Rachel Clark, City Clerk
With copies to:
The City Department(s) to which the subject matter of the
particular notice pertains.
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 mail shall be deemed to have been given on the third
(3rd) business day after such notice is mailed.
10.2 Inte!!ration. 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.
-7-
O!.', ~ I~.
V - t) \..'
10.3 Severability. 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 unless in writing and signed by both parties subject to
governmental approval, if required.
10.5 Governing 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 Heading:s. The headings of 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.
10.8 Assi~nment. Neither party hereto shall assign, hypothecate, or otherwise transfer
such party's rights hereunder, or delegate such party's duties hereunder, without the prior
written consent of the other party hereto.
10.9 Renegotiation of the Agreement. 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 re-
negotiated as the needs to resolve new issues arise.
-8-
-9,j
"
1... ~
h, (.
t} V
MRR 15 '94 09:41RM
P.2
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date fust above written.
SEAL
ATTEST: )
Vm c./J ~ )un~~Vl/.'
Ti : ;
SEAL
ATIEST:
By: lJt "'-clu...i. t[JL~.Lf'.:..-
'- City Clerk
ClBOlOOO6\D0C\211
312IM 11:00
INLAND V ALLEY DEVELOPMENT AGENCY
~J.,~
CITY OF SAN BERNARDINO
By~) !!:~7/( ) Att,,~,i.-.
. Mayor
-9-
a.II;:,',. /:.
_.l,
infand ~
valley <f:J
/ './ ./
/\C, .
development agency
A regional joint powers authority dedicated to the reuse of Norton Air Force Base
lor the economic benefit of the east valley
DAlE:
SUBJECT:
Ms. orrame Velarde, Executive Assistant to the Mayor
City of San Bernardino
Mr. Alex Estrada, Project Manager ~
Master Services Agreement Between
IVDA and City of San Bernardino
\Q :0
-is. I"T1
("")
I"T1
"" <:
c::
c-, fT1
0
- ;
0- s::?
--4
" --: ?
,~ "
W r-
rT1
'0 ::n
"'"
To:
FROM:
Attached is a copy of the nondiscrimination policy that Mr. Ernest Wilson requested be included
in the Master Services Agreement. Unfortunately this was not included in the agreement that
went to both the IVDA and the City CounciL I have no problem including this policy as an
attachment to the Master Services Agreement. If you have any questions, please give me a call.
Attachment
c: Ernest Wilson. Affirmative Action Officer. City ofSB
Ed Pilot, Esq. Saba & Green (w/altch)
NDA\WO\MAR94\AE\137SA.DQC
201 North "E" Street. Suite 203, San Bernardino, CA 92401-1507 909/885-4832 FAX 909/386-7591
.'"l'_' ... ,
MAR-zg-' 94 1121: 28 I b: CITY OF SAN BDNO
", /1 r.:-,....
:-. ,. ~,')
TEL ND:9i219-384-5461
ll390 P02
,
CITY OP SAN BERNARDINO
AFFIRMATIVE ACTION OPFJ:CE
J:NTEROFFICE HEMORANDUH
TO: Pred Wilson. A.sistant City Administrator
FROM: Ernest Wilson. Affirmative Action Officer
SUBJECT: Norton Air Force Base Services
DATE: March z. 1994
COPIES: Kayor Toa Minor: Shauna Clark. city Administrator
..****.*..*...*..***......*******.***.**...**..********~*.<<.*****
I believe th. fallowing language should be added to the additional
service of the Inland Valley Development Agency. carotaker contract
agreement.
NON DISCRIKINAT~ON POLICY
The City will also comply with its policy of non-
discrimination on the basis of race, sex, age, color,
etbnicity, religion, national origin, physical disability,
marital status, political affiliation, and/or beliefs or any
other category protected by law.
If you have any 1'u:rtber questions. please do not hesitate to
contact me.
~/
Ernest Willlon, Affirmative Action Officer
Ew:aj