HomeMy WebLinkAbout09-City Administrator
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Fred Wilson, City
Administrator
Subject: Master Services Agreement
with Inland Valley Development
Agency for provision of City services
for non-aviation portion of Norton Air
Force Base.
Dept: City Administrator's Office
Date: July 11, 2002
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Synopsis of Previous Council Action:
MlCC July 15, 2002
1/13/97 - Resolution #97-5 approved extension of original agreement through 1/31/97.
5/5/97 - Resolution #97-116 approved Master Services Agreement by and between
the Inland Valley Development Agency and the City through 6/30/98.
7/20/98 - Resolution #98-227 approved Master Services Agreement by and between
the Inland Valley Development Agency and the City through 6/30/99.
6/21/99 - Resolution #1999-134 approved Master Services Agreement by and between
the Inland Valley Development Agency and the City through 6/30/00.
7/10/00 - Resolution #2000-190 approved Master Services Agreement by and between
the Inland Valley Development Agency and the City through 6/30/01.
6/18/01 - Resolution #2001-154 approved Master Services Agreement by and between
the Inland Valley Development Agency and the City through 6/30/02.
Recommended Motion:
Adopt Resolution.
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Contact person: FrAd WilAnn
phnnA' 5122
Supporting data attached:
Yes
Ward:
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FUNDING REQUIREMENTS: Amount:
$120,800 reimbursement to City.
Source: (Acct. No.)
001-000-4671
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Council Notes:
128:,0 ~d(:j:);J. -,;:l.:L <"0
No, 9
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT: Resolution of the City of San Bernardino approving a Master Services Agreement
by and between the Inland Valley Development Agency and the City for Fiscal Year 2002/2003,
BACKGROUND: The City entered into a Master Services Agreement with Inland Valley
Development Agency (IVDA) for provision of caretaker services for the non-aviation portion of
Norton Air Force Base in February 1996, The most current agreement will terminate on June 30,
2002,
In order to authorize continued provision of these caretaker services, it is necessary to approve
the attached Master Services Agreement, which shall be in effect from July 1, 2002, and
terminate on June 30, 2003,
Provisions of this agreement include:
. Services of one police sergeant for supervision and management of the Office of
Airport Security, The Sergeant will be responsible for recruiting, hiring, determining
appropriate training and limited in-house training, managing, scheduling and
disciplining approximately fifty part-time security officers, The Agency shall
compensate the City $57,400 for the Sergeant's services for each six-month period
covered by this contract. This amount represents an increase of $1 0,800 over the
annual cost of providing this service to IVDA for FY 200112002,
. All fire related services including suppression, disaster response services and other
services needed to ensure that an adequate level of fire protection is provided at the
base.
. All necessary equipment and supplies, including trucks and tools used in connection
with the performance of the fire-related services.
. The City shall provide maintenance services for two traffic signals on Harry Sheppard
Boulevard, one traffic signal at Mill Street and Tippecanoe A venue, and one traffic
signal at Mill Street and Lena Road at a total cost of $6,000 per year.
The attached Master Services Agreement with the Inland Valley Development Agency (IVDA)
was approved at the July 10,2002, meeting of the IVDA Board.
FINANCIAL IMPACT: The City shall be reimbursed at a rate of $57,400 for each six months
for the services of the Sergeant, and $6,000 for traffic signal maintenance, for a total annual
reimbursement of $120,800.
RECOMMENDATION: Adopt Resolution.
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RESOlUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING A MASTER SERVICES AGREEMENT BY
AND BETWEEN THE INLAND VALLEY DEVELOPMENT AGENCY AND THE
CITY OF SAN BERNARDINO FOR PROVISION OF CITY SERVICES FOR FISCAL
YEAR 2002/2003.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
11 directed to execute on behalf of said City, a Master Services Agreement by and between the
12 Inland Valley Development Agency and the City of San Bernardino for the provision of
13 services for the non-aviation portion of Norton Air Force Base for Fiscal Year 2002/2003. A
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copy of the Master Services Agreement is attached hereto as Exhibit "A," and incorporated
herein by reference as though fully set forth.
SECTION 2. This agreement is rescinded if the parties to the agreement fail to
execute it within one hundred twenty (120) days of the passage of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING A MASTER SERVICES AGREEMENT BY
AND BETWEEN THE INLAND V ALLEY DEVELOPMENT AGENCY AND THE
CITY FOR PROVISION OF CITY SERVICES FOR FISCAL YEAR 2002/2003.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
5 and Common Council of the City of San Bernardino at a
meeting thereof, held on the
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_ day of
, 2002, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
LIEN
MCGINNIS
DERRY
SUAREZ
ANDERSON
MC CAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
2002.
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
James F. Penman
City Attorney
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By:
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MASTER SERVICES AGREEMENT
This MASTER SERVICES AGREEMENT ("Agreement") is made and entered
into as of the 1st day of July, 2002, by and between the INLAND VALLEY DEVELOPMENT
AGENCY, a public entity established pursuant to Government Code Section 6500, et seo., 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:
I. 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 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 Airport Security. The City shall be the sole
employer of the Sergeant who shall work at the direction of the Chief of Police of the City of San
Bernardino or his designee. The Chief of Police or his designee, in his sole discretion, may allow
the Sergeant to accept direction from the Director of the San Bernardino International Airport
Authority or his designee, as 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 available for all emergency training exercises as directed by the Executive Director.
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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.
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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 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 (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 I, 2002, the Agency shall compensate the City for the Sergeant's services in
the amount of fifty-two thousand dollars ($57,400) 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.
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, which shall
include fire extinguishing training. The City shall also provide emergency response for structural
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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 Aircraft Rescue Firefighting. Provision of apparatus, equipment and
supplies will be governed as indicated in a separate contract between City and SBlAA, adopted by
City of San Bernardino Resolution 1999-20.
3.3.1 Fire Related Services Other than Aircraft Rescue. The City shall provide
all necessary trucks, tools, equipment and supplies. Maintenance of trucks, tools, equipment and
supplies shall be performed by the City, as needed.
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Additional Services.
The City shall provide maintenance service for two traffic signals on Harry Sheppard
Boulevard, one traffic signal at Mill Street and Tippecanoe Avenue, and one traffic signal at Mill
Street and Lena Road at a total cost of $6,000.00 per year.
5. Expenses and Payment of Invoices. Expenses arising from the provision of the police
sergeant services will be invoiced per the monthly appropriations report. A copy of the montWy
appropriations report will be attached to the invoice as supporting documentation and will be
submitted on a monthly basis. Traffic signal maintenance will be invoiced per reports of actual
maintenance performed on each traffic signal as maintained by the Development Services
Department.
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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.
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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 oflabor, 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.
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7. Maintenance of Services.
Neither the City nor its employees shall hinder, delay, limit or suspend the continuity of the
non-aviation portions ofNAFB'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.
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This Agreement is an amended extension of an original agreement that commenced on the
1 st day of February, 1994. This extension shall commence on July 1, 2002, 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, 2003.
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
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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, attorneys, 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. The costs, salary and expenses of the City Attorney and members of his office in
enforcing this contract on behalf of the City shall be considered as "attorney's fees" for the purposes
of this paragraph.
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 cornmissioners, officers, employees and agents, against claims for bodily
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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 (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 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.
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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.
9.2.6 The Agency shall purchase and maintain in effect, at its own expense, during
the term of this Agreement insurance from insurers acceptable to the City protecting said Agency,
the City, 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 Agency's activities in connection with the performance of this
Agreement, whether such activities be of the Agency, the Agency's agent, or of anyone employed
by the Agency. The types of insurance coverage as well as the amounts of such coverage shall be as
follows:
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9.2.7 The Agency 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
Agency in the performance of the duties described herein.
9.2.8 The Agency 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.
9.2.9 Within ten (10) days after the acceptance of this Agreement by the City, the
Agency shall deliver to the City certificates of insurance evidencing that insurance has been
purchased by the Agency as required in Section 9.2.8 and copies of endorsements providing (i)
thirty (30) days' written notice of cancellation, non-renewal, or reduction in coverage by the insurers
to the City, and (ii) automobile liability and comprehensive general liability insurance shall include
the City, its commissioners, officials, officers, employees, and agents as additional insured. Said
certificates of insurance and copies of endorsements shall be on file with the City at all times
. thereafter during the term of this Agreement. Failure of the Agency to provide the certificates of
insurance or subsequent receipt by the City of a notice of cancellation of the insurance policy(ies)
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by the Agency's insurance company(ies) shall constitute a material breach of this Agreement and
this Agreement may be terminated by the City upon written notice. All policies of insurance
required and provided by the Agency under this Section 9.2 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 City, its commissioners, officials, officers, employees and agents.
9.2.1 0 Notwithstanding the foregoing, the Agency may substitute a bona fide self-
insurance program for any of the insurance requirements indicated in this Section 9.2. The Agency
shall provide the City 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:
Ifto 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
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. 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 Integration. 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.
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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 Headings. 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 Assignment. 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.
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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 renegotiated as the
needs to resolve new issues arise.
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MASTER SERVICES AGREEMENT WITH THE
INLAND V ALLEY DEVELOPMENT AGENCY
2002
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
first above written.
INLAND V ALLEY DEVELOPMENT AGENCY
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By: ~ ~ -'
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Executive Director
SEAL
A TTEST0
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By: , . ....~L'fl~L~
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Clerk of the Board " .
CITY OF SAN BERNARDINO
By:
Mayor
SEAL
A TIEST:
By:
City Clerk
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TO:
Inland Valley Development Agency Board Members
FROM:
Alex Estrada, Senior Project and Property Manager
DATE:
June 12, 2002
SUBJECT: APPROVE RENEWAL OF THE MASTER SERVICES AGREEMENT
WITH THE CITY OF SAN BERNARDINO FOR FISCAL YEAR 2002 -
2003 FOR AN AMOUNT NOT TO EXCEED 5120,800.00
RECOMMENDED ACTION:
Approve the renewal of the Master Services Agreement with the City of San Bernardino for
Fiscal Year 2002-2003 for an amount not to exceed $120,800.00; and authorize the Executive
Director to execute the agreement. .
FINANCIAL IMPACT:
This item is included in the Fiscal Year 2002-2003 Inland Valley Development Agency (IVDA)
budget. The cost of the agreement will increase from $104,750.00 a year to $120,800.00 a year.
BACKGROUND AND COMMENTS:
The IVDA first entered into a Master Services Agreement with the City of San Bernardino in
1994 for various City services, such as police, fire, and traffic signal maintenance on a year-to-
year basis. The City of San Bernardino has been most cooperative in assisting the IVDA staff in
maintaining this facility in a safe and efficient manner. On June 17, 2002, the City Council will
approve the attached draft Master Services Agreement.
Because of inflation and increases in labor costs, the City is proposing the following cost
increase:
Sergeant Services
$104,000.00
Fiscal Year
2002-2003 Budl!et
$114,800.00
$ 6,000.00
Net Cost Increase
to IVDA
Fiscal Year
2001-2002 BudlZet
Traffic Signal
Maintenance at
Harry Sheppard,
Mill Street and
Lena Road (on-call)
$ 6,000.00
$10,800.00
$ 0.00
Total Annual Reimbursement
$120,800.00
The total net increase amount to the IVDA will be $10,800.00.
I:\AGENDA\2002\06I:zcmm..a.r..w. .-doc
ITEM NO. 13
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Staff recommends that the Board approve renewal of the Master Services Agreement with the
City of San Bernardino for Fiscal Year 2002-2003 for an amount not to exceed $120,800.00; and
authorize the Executive Director to execute the agreement
1:\AGENDA'I:ZG01\06I~"'''-'-
ITEM NO. 13a
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TO:
Inland V alley Development Agency Board Members
FROM:
Alex Estrada, Senior Project and Property Manager
DATE:
July 10,2002
SUBJECT: RATIFY CHANGES TO THE MAsTER SERVICES AGREEMENT WITH
THE CITY OF SAN BERNARDINO FOR FISCAL YEAR 2002-2003
RECOMMENDED ACTION:
Ratify proposed changes to the Master Services Agreement with the City of San Bernardino as
noted in the attached letter from Ms. Jan Wages, dated June 24, 2002; and authorize the
&~~~Directorto~~~theagreem~. .
FINANCIAL IMPACT:
This item is included in the Fiscal Year 2002-2003 Inland Valley Development Agency (lVDA)
budget. The cost of the agreement will increase from $104,750.00 a year to $120,800.00 a year.
BACKGROUND AND COMMENTS:
On June 12,2002, the Board members approved the annual Master Services Agreement with the
City of San Bernardino. According to the attached letter dated June 24, 2002, there were a few
items that needed to be corrected.
Staff recommends that the Board ratify the proposed changes to the Master Services Agreement
with the City of San Bernardino as noted in the attached letter from Ms. Jan Wages, dated June
24, 2002; and authorize the Executive Director to execute the agreement.
ivdI\apndI\01l002
ITEM No.8
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Dma OF THE CrrY ADMJNIS'l'llATOR
,..,......... A. WILSON - CITY AJlIoIoIlnUI'Oa
REC'D J UN 2 4 2a~Nortb "D" Stteet-San Bemanlino _ CA92418-0001
909.314.5122 - Fax: 909.384.5138
www.ci.san-bemardino.ca.us
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June 24, 2002
Mr. Alex Estrada
Senior Project &: Property Manager
. San Bernardino International Airport and Trade Center
294 S. Leland Norton Way, Suite #1
San Bernardino, CA 92408-0131
Dear Mr. Estrada:
Pursuant to our telephone conversation on Friday, June 21, 2002, I am returning to you the two
original agreements that were signed by the IVDA Executive Director and the Clerk of the Board.
I am also enclosing two revised original documents.
As we discussed on Friday. the City Attorney's Office requested the addition of the following
language under Section 9.1.1:
. Inclusion of the word "attorneys" in the first sentence of the second paragraph (page
6), to read, "The Agency will accept the full responsibility for and shall defend,
indemnify and save harmless the City and its commissioners, officials, officers,
attorneys. employees and agents..."
. Addition of this sentence at the end of second paragmph (page 6). to read, "The
costs. salary and expenses of the City Attorney and members of his office in
enforcing this contract on beholf of the City sholl be considered as "attorney's fees"
for the purposes of this paragraph
Also, at the bottom of the signature page (page 12) change of the word "Secretary" to City Clerk.
I understand that you will be taking this back to your Board on July I 0"; we will schedule the
item for the July 15dt meeting of the Mayor and Common Council, with an effective date of July
1,2002, (page I, first paragraph) of the Master Services AgJeelDent
Please give me a call at (909) 384-5122 if you have any questions.
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Administrative
em or SAN BDNAiDll:lo
ADoPTI!D SHAUD V ALtlES: Integrity. Accountability. Re5pe(:t for Human DigDity - Honesty
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Airport and Trade Center
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San Bernardino International
July 11,2002
HAND DELIVERED
Ms. Jan Wages
City of San Bernardino
300 North "D" Street, 6th Floor
San Bernardino, CA 92418
RE: MASTER SERVICES AGREEMENT
Dear Ms. Wages:
At the regularly scheduled Inland Valley Development Agency (IVDA) Board meeting
held on Wednesday, July 10,2002 the Board approved to ratify changes to the Master Services
Agreement with the City of San Bernardino for Fiscal Year 2002-2003. Enclosed is a copy of
the staff report that was presented to our Board and two original agreements for signature; once
signed, please return an original back to us for our files.
If you have any questions, please do not hesitate to contact me at (909) 382-4100
extension 231. Thank you.
Sincerely,
SAN BERNARDINO INTERNATIONAL
AIRPORT
~~-c <
Senior Project & Property Manager
AE:lm
Ene
ee: T. Milford Harrison
Penny Chua
Martin Romeo
1:\ WORDDOC\2002\AlexVuly\0081.mastersvcsagr.doc
294 S. Leland Norton Way, Suite #1 . San Bernardino. CA 92408-0131' (909) 382-4100 . FAX (909) 382-4106
email:ivda@sbdairport.com . http://www.sbdairport.com
A PROJECT OF THE INLAND VALLEY DEVELOPMENT AGENCY AND SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY
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OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.q. . CITY CLERK
300 North "0" Street. San Bernardino . ~A 92418.()()()]
909.384.5002' Fax; 909.384.5158
WWw.ci.san.btrnardino.ca.us
'iM
July 18, 2002
Mr. Alex Estrada
Senior Project & Property Manager
San Bernardino International Airport and Trade Center
294 S. Leland Norton Way, Suite #1
San Bernardino, CA 92408-0131
Dear Mr. Estrada,
Enclosed is one (I) fully executed original Master Services Agreement between tIte Inland
Valley Development Agency and the City of San Bernardino for Fiscal Year 2002-2003;
If you have any questions, please do not hesitate to call me at (909) 384.5002.
Thank you,
!
Michelle Taylor
Senior Secretary
CITY OF SAN BERNARDINO '
AU()PTEll SII\RFIl Y~LU~S: Integrity. Accountability . Respect for Human Dignity' ronesty
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 'I-IS-o.;;L Item #
Vote: Ayes /-1) Nays ~
9 Resolution # ;;l.OOd- -;;;)J"
Abstain .er- Absent <'Y
Change to motion to amend original documents: -
Reso. # On Attachments: ~ Contract term: FloP /03
Note on Resolution of Attachment stored separately: =-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W /COUNTY
Date Sent to Mayor: f) - 110 -0 ;;>-
Date of Mayor's Signature: f)-I i-D;;)
Date of Clerk/CDC Signature: f)-I i-<J;;r
Date Memo/Le r Sent for Signature:
60 Day Reminder Letter Oth day:
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
See Attached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney /
Parks & Rec.
Code Compliance Dev. Services
Police Public Services Water
Notes:
NullNoid After: \';)-0 PP<'}S / II-P--o.::>
,
By:
Reso. Log Updated: ,/
Seal Impressed: ,/
Date Returned: -
Yes ~ No By
Yes No ,/ By
Yes No ,/ By
-
Yes No ,/ By
Yes No/ By
EDA
Finance ,/
p.O("(\,n.
MIS
Others:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: (1'1'1
Date: (H Y.-o?
Revised 01112/0 I