HomeMy WebLinkAbout2010-223
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RESOLUTION NO. 7010-223
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE 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 2010/2011.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager 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
services for the San Bernardino International Airport for Fiscal Year 201012011. A copy of the
Master Services Agreement is attached hereto as Exhibit "A," and incorporated herein by
reference as though fully set forth.
SECTION 2.
That the implementation date of the Agreement is July 1, 2010;
therefore, any action taken between July 1, 2010 and the date that this Resolution is adopted is
hereby ratified.
SECTION 3.
This agreement is rescinded if the parties to the agreement fail to
execute it within one hundred twenty (120) days of the passage ofthis resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE 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 2008/2009.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
joint
and Common Council of the City of San Bernardino at a regular meeting thereof, held on the
6th day of July
,2010, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
MARQUEZ
x
DESJARDINS
x
BRINKER
x
SHORETT
x
KELLEY
~
JOHNSON
x
MC CAMMACK
x
Q~h.~
City 'clerk
.p.171
The foregoing resolution is hereby approved this
day of .TlIly
,2010.
~~~
atri k J. Morns, Mayor
City of San Bernardino
Approved as to Form:
~
sF. Penman,
Attorney
2010-223
EXHIBIT "A"
MASTER SERVICES AGREEMENT
This MASTER SERVICES AGREEMENT ("Agreement") is made and entered
into as of the 1st day of July, 2010 ("Effective Date"), 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").
The Agency and the City hereby agree as follows:
I. Enactment of the City
The Agency hereby engages the City to provide the police sergeant and fire services
described in Sections 2 and 3 of this Agreement, and the City hereby accepts such engagement and
agrees to provide such services under this 1weement during the term specified in Section 6.
2. Police Sergeant Services
2.1 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 or her designee. The Chief of Police or his designee, in his sole discretion,
may allow the Sergeant to accept direction from the Executive 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 or his or her designee.
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2.2 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 activity shall be conducted in coordination with the Agency's
Human Resources Department. 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.
2.3 The Sergeant's services shall be provided by the City on a forty (40) hour per week
basis. The Sergeant's services shall cornmence on the Effective Date and shall continue until the
termination date of the Agreement, unless otherwise modified by written agreement of the parties
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
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agree to meet to make arrangements to back-fill the position in the most cost and resource-effective
manner.
2.4 Beginning July 1,2010, the Agency shall compensate the City for the Sergeant's
services in the amount of eight-one thousand, three hundred ninety five dollars ($81,395) for each
six (6) month period covered by this contract.
2.5 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
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include fire extinguishing 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 irnmediate basis, via 911. Non-emergency services will be o~ a call-
in basis upon reasonable notice from the Agency.
The services described in this Section 3.1 shall cornmence on the Effective Date and shall
continue until the termination date of the Agreement, unless otherwise modified by the Agency or
the City upon (30) days prior written notice.
3.2 The City shall require an 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 for
the performance of aircraft rescue firefighting is governed in a separate contract between City
and the San Bernardino International Airport Authority (SBIAA), adopted by City of San
Bernardino Resolution No. 2006-7 and amended by Resolution No. 2009-53. Copies of which
are attached hereto as Attachment A and Attachment B and by this reference made a part hereof.
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.
4. Additional Services
4.1 Engineering Services. The City agrees to provide engineering and
inspection services ("Services") to the Agency on an expedited basis, if available, upon the
written request of the Agency. Such Services may be provided, at the option of the Director
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of the Development Services Department or her designee, by either (i) appropriate City staff
designated by said Director, or (ii) the use of a qualified engineering firm or other licensed
civil engineer selected by said Director (the "Engineering Firm") to provide such Services.
Any commitment by the City to provide such Services shall be subject to the payment
and/or reimbursement by the Agency to the City for the actual costs incurred by either City
staff or the Engineering Firm, in the manner as provided herein. At the discretion of the
Director of the Development Services Department, the Agency may be required, on a per
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project basis, to deliver an initial deposit of funds to the City prior to City Staff or the
Engineering Firm providing Services. The parties agree that the maximum amount of the
fees for the performance of Services under this Section 4 (as further described herein) shall
not exceed seventy five thousand dollars ($75,000.00); and, whereupon should this not to
exceed amount be reached, no further Services shall be provided by the City. This section
shall cover the period July 1,2010 through June 30, 2011.
5. Expenses and Payment ofInvoices., "
Expenses arising from the provision of the police sergeant services will be invoiced per the
monthly appropriations report. 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 on the outstanding amount at the Local Agency
Investment Fund (LAIF) rate.
6. Personnel.
All matters pertaining to the hiring, employment, supervision, compensation, promotion and
discharge of its employees to perform hereunder are the responsibility of the City, which is, in all
respects, the sole employer of such employees. The Agency is the sole employer of the security
officers described in Section 2.2 hereof. The Agency may request that any person employed by the
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City to perform police and fire services under this agreement no longer be permitted to perform
such services. Such request of the Agency to the City shallb'e made in writing and shall specify the
reasons therefore. City shall take action in responding to such request consistent with the personnel
polices of the City and in the exercise of its sole discretion.
7. Term and Termination.
This Agreement shall commence on July I, 20 I 0, and unless sooner terminated or extended
by agreement of the City and the Agency in writing upon thirty (30) days prior written notice, and
executed prior to date of termination, this Agreement shall terminate on June 30, 2011.
8. Indemnification and Insurance.
8.1 Indemnification.
hi
8.1.1 The City shall defend (ifrequested by Agency), indemnify, save and hold
harmless the Agency and its commissioners, officials, officers, employees and agents from all
claims for loss or damage to property, including loss of use thereof, and injury to persons, resulting
from its negligent performance of its obligations under this Agreement, as well as from 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 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.
8.1.2 The City is and 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
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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.
8.1.3 The Agency shall defend (if requested by City), indemnify, save and hold
harmless the City and its commissioners, officials, officers, attorneys, employees and agents from
all claims for loss or damage to property, including loss of use thereof, and injury to persons,
resulting from the negligent performance of its obligations under this Agreement, as well as from
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 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, includiqs, 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.
8.1.4 The costs, salary and expenses of the City Attorney and members of his
office in enforcing this contract on behalf ofthe City shall be considered as "attorney's fees" for the
purposes of this paragraph.
8.2 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:
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8.2.1 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.
8.2.2 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.
8.2.3 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 7.2.3 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
insureds. Said certificates of insurance and,(lopies 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 7.2 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.
8.2.4 Notwithstanding the foregoing, the City may substitute a bona fide self-
insurance program for any of the insurance requirements indicated in this Section 8.2. The City
shall provide the Agency with evidence of excess coverage upon written request.
8.2.5 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
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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:
8.2.6 The Agency shall furnish worker's compensation and employers' liability
insurance as required by the laws of the State of Califomia covering all persons employed by the
Agency in the performance of the duties described herein.
8.2.7 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.
8.2.8 Within ten (10) days after the acceptance of this Agreement by the City, the
Agency shall deliver to the City certific.<1,1es of insurance evidencing that insurance has been
purchased by the Agency as required in Section 7.2.7 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)
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 7.2 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.
8.2.9 Notwithstanding the foregoing, the Agency may substitute a bona fide self-
insurance program for any of the insurance requirements indicated in this Section 8.2. The Agency
shall provide the City with evidence of excess coverage upon written request.
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9. Miscellaneous.
9.1 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
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: City,~anager
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.
9.2 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.
9.3 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
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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.
9.4 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.
9.5 Governing Law. This Agreement shall be construed, interpreted and applied in
accordance with the laws of the State of California.
9.6 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.
9.7 Headings. The headings,.pf 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.
9.8 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.
9.9 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. Any such revised provisions shall be finalized in writing and
approved by the Agency and the City.
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MASTER SERVICES AGREEMENT WITH THE
INLAND V ALLEY DEVELOPMENT AGENCY
FY 2010/2011
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
first above written.
INLAND V ALLEY DEVELOPMENT AGENCY
BY~
~;~r:
Exeetltlve D or
~
SEAL
i,l
ATTEST:
By:
<
CITY OF SAN BERNARDINO
By:
City Manager
SEAL
Approved as to Form:
ATTEST:
By:~~h.~
City Clerk
~
es F. Penman, City Attorney
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?nln ')')'1
Attachment A
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RESOUJ'TION NO. -Z.l106-7
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINIO AUTHORIZING THE CI1Y OF SAN BERNARDINO TO RENEW THE
LEASE AGREEMENT WITH THE SAN BERNARDINO INTERNATIONAL AIRPORT
AUfHORITY TO PROVIDE AIRCRAFT RESCUE AND FIRE FIGHTING SERVICES AT
THE SAN BERNARDINO INTERNATIONAL AIRPORT.
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WHEREAS, the City of San Bernardino ("City") is a municipal corporation and charter city
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organized and existing pursuant to the constitution of the Stale ofCalifomia; and
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WHEREAS, the San Bernardino International Airport Authority ("SBIAA"), a joint powers
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authority organized pursuant to California Government Code Section 6500, ~ SQ.., has the right of
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possession of certain property located at the San Bernardino International Ahllort (the "Airport")
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pursuant to a lease between the Secretary of the Air Force on behalf of the United States and the
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SBIAA daIed January 18, 1994 which includes the building commonly known as Building No. 680;
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and
WHEREAS, in 1999 the City and SBIAA entered into an agreement for the lease of certain
portions of Building No. 680 pursuant to Resolution No. 1999-20 and desire to continue to lease
portions of Building No. 680 for use as an aircraft fire crash rescue facility for the benefit of the
aviation related activities of the SBIAA, local fire fighters, and the public benefit of the community;
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and
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WHEREAS, the parties also desire that the City continue to provide aircraft fire crash rescue
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services to the Airport and the SBlAA, fire training services and filcilities, and additional structural
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fire emergency response and other life safety and paramedic services established by their previous
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agreement.
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~010-223
2006-7
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINIO AUfHORIZlNG THE CITY OF SAN BERNARDINO TO RENEW THE
2 LEASE AGREEMENT WITH THE SAN BERNARDINO INTERNATIONAL AIRPORT
AUTHORITY TO PROVIDE AIRCRAFT RESCUE AND FIRE FIGHTING SERVICES AT
3 THE SAN BERNARDINO INTERNATIONAL AIRPORT.
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NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS: .
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7 SECTION 1. The City and SBIAA wish to renew their agreement for certain fire fighting
8 seMces;
9 SECTION 2. The Lease Agreement with the SBIAA, in the fonn attached hereto as Exlubit
10 "A" and incorporated herein by this refeJ;Cllce (the "Lease"), is hereby approved.
II SECTION 3. The Mayor is hereby authorized to execute the Lease on behalf of the City in
12 substantially the form attached hereto, tOgether with such changes therein as the City Fire Chief may
13 recommend as being in the best interest of the emergency fire protection seMCes of the City. The
14 effectiveness of the Lease shall be conclusively evidenced by the signature of the Mayor upon the
15 complete execution of the Lease by all other parties. The Mayor is further authorized to do any and
16 all things and take any and all actions as may be deemed necessary or advisable to effectuate the
17 Lease; provided however, the Lease shall be fully executed by all parties.
18 SECTION 4. Said agreement will be to lease Building No. 680 for aircraft rescue and fire
19 fighting services. Said services will be provided at the Airport, located in Building No. 680;
20 SECTION S. The tenn of the Agreement is from February 4,2004 through February 4,2009;
21 therefore, any action taken between February 4,2004 and the date that the agreement is executed is
22 hereby ratified.
23 SECTION 6. The authorization to execute the above referenced Agreement is rescinded if it
24 is not executed within sixty (60) days of the passage of this resolution.
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26 /11/
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28 1/1/
2
3:1"\11"\ JJJ
2006-7
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINIO AUTHORIZING THE CITY OF SAN BERNARDINO TO RENEW THE
LEASE AGREEMENT WITH THE SA.."Il BERNARDINO INTERNATIONAL AIRPORT
AUTHORITY TO PROVIDE AIRCRAFT RESCUE AND FIRE FIGHTING SERVICES AT
THE SAN BERNARDINO INTERNATIONAL AIRPORT.
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5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a101nt re2ular'. meeting thereof; held on
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the 9th day of January
Council Members: ~
ESTRADA X
LONGVILLE X
MCGINNlS x
DERRY x
KELLEY x
JOHNSON x
MCCAMMACK
~
ABSTAIN ABSENT
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X
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~~c~
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The foregoing resolution is hereby approved this I ~ day of
January.2006,
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Approved as to form
and legal content:
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?11111_??':l.
LEASE AGREEMENT
THIS LEASE AGREEMENT is made this ~ day of ~ 2005, by
and between the City of San Bcrnardino, a municipal corporation being a charter city cxisting
pursuant to the Constitution and laws of the State of California (thc "City"), and the San
Bernardino International Airport Authority, a joint cxercise of powers authority established
pursuant to Government Code Section 6500, et seq. (the "SBIAA"),
WITNESSETH
WHEREAS, the SBIAA has the right of possession of certain property depicted
on Exhibit "A" (thc "Airport") pursuant to a Master Lease by and between the SBIAA with the
United States Air Force, including a portion thcreof which has situated thereon a fire station
suitable for maintaining an aircraft fire crash rescue operation (the "Fire Station" as additionally
depicted on Exhibit "B") in support of the aviation related activities of the SBlAA; and
WHEREAS, the City desires to lease portions of the Fire Station from the SBlAA
and use the Fire Station as an aircraft fire crash rescue facility and provide the type and Icvel of
services described herein, and the SBlAA is agreeable to lease portions of the Fire Station to the
City for the benefit of the aviation rela11'" activitics of the SBIAA upon the Airport and for the
additional public benefit of the conununity.
NOW, THEREFORE, THE CITY AND THE SBlAA HEREBY AGREE AS
FOLLOWS:
Section I.
Leased Premises.
(a) The SBlAA leases to the City, and the City leases from the SBIAA,
portions of that certain building known as Building No. 680 on the Airport and further described
as the Fire Station as set forth on Exhibit "B", inclusive of the Common Area as defined below
but exclusive of the Excluded Areas as defined bclow (the Fire Station, exclusive of thc
Excluded Areas but inclusive of the adjacent parking areas, the Common Area and other areas
depicted on said Exhibit "B" shall be considered herein as the "Leased Premises"). This le8lic
for the Leased Premises portion of the Fire Station shall include (i) the Fire Station exclusive of
the Excluded Area, (ii) tbe adjacent parlcing area to the south of the Fire Station for six (6)
passenger vehicles located within the secured fence line area which shall be available for the
exclusive use ofthc City for the parlcing of passenger vehicles only (the ''On-Site Parking''), and
(iii) the other concrete paved are8li within an approximately 40 foot radius surrolDlding that
portion of the Fire Station enclosed by the secured fence line area of the Fire Station, including
the refuse container area and the electric generator, all as further depicted in said Exhibit "B."
The City shall also have the right to use the Common Area on a non-exclusive basis together
with the tenants and thc business guests and invitces of the tenants occupying the Excluded
Areas.
(b) The Leased Premises as described in said Exhibit "B" shall specifically
exclude (i) that portion of the office areas of the Fire Station which will be separately le8lied by
J:'vSUI\sbiaa\lcues\lb city fircllItion Ic:ue 060105
?()1() ??1.
the SBIAA, or otherwise reserved by the SBIAA, for use and occupancy by the U.S. Customs
Service and the Airport Security of the Inland Valley Development Agency and the SBIAA, and
(ii) the HV AC Mechanical Room and the Electrical Room as depicted on Exhibit "B" (the
"Excluded Areas"). The lessees and all occupants and tenants of the Excluded Areas shall have
the exclusive right to use not to exceed nine (9) of the designated public parking spaces at the
location depicted on Exhibit "B" and shall have the right to use, in common with the City, the
other common area facilities including restrooms, kitchen areas and entrances and exits as
depicted on Exhibit "A" (the "Common Area").
(c) The City shall not allow to be parked, and all personnel of the City
occupying the Leased Prcmises shall not park, any vehicles and apparatus within the Leased
Premises except within (i) the area designated as the On-Site Parking for passenger vehicles only
and (ii) the service bays portion of the Fire Station for all other vehicles and apparatus; provided,
however, that the three (3) items of apparatus of SBlAA described in Section 8 hereof shall have
priority of parking in two such service bays. All other vehicles of the City shall be parked within
the public parking areas located adjacent to the Fire Station within public access areas of the Fire
Station or in other public parking lots in the vicinity of the Fire Stalion.
Section 2. Term,
The term of this Lease ~eement shall commence as of the effective date hereof
and shall remain in effect and subject to the Termination provision under Section 4 as provided
herein. The City shall be entitled to assume possession and the use and occupancy of the Leased
Premises immediately upon the effective date of this Lease Agreement whether or not the
SBIAA shall have completed all necessary and desirable improvements, modifications and
repairs to the Fire Station.
Section 3. Lease Pavment .
The annual rent payable by the City to the SBIAA pursuant to this Lease
Agreement shall be deemed to he equal to one dollar ($1.00) per year in addition to the provision
of in-kind aircraft ftre crash rescue services to be provided by the City through the San
Bernardino Fire Department for the Airport during the Initial Term hereof and any Extended
Term for which this Lease Agreement may then be in full force and effect.
Section 4,
Termination.
This Lease Agreement may be terminated by either the City or the SBIAA at any
time without cause and without any slated reason upon delivery of at least ninety (90) days'
written notice to the other party in the manner required for the delivery of notices pursuant to
Section 13 hereof. This Lease Agreement shall then be effectively terminated as of the date to be
set forth in the notice of termination as may be timely delivered by the party seeking to so
terminate this Lease Agreement.
J:\dala\obiu\lcucollbcity fin: _ _ O6Q1~
?010_?21
Section 5.
Use of Leased Premises.
The City may use the Fire Station and the Leased Premises for the purpose of
providing (i) aircraft fire crash rescue services to tbe Airport and the SBlAA, (ii) such additional
levels of structural fire, emergency response and other life safety and paramedic services as the
City may detennine at its sole option based upon demonstrated need and availability of
personnel, financial resources and equipment of the City, and (jji) fire training services and
facilities for the benefit of the Airport and the City fire fighters. Parking for vehiclc:s and
apparatus of the City shall be restricted to the locations as set forth in Section I (c) hereof.
Section 6.
AcceDtance of Leased Premises: ImDrovements.
The City agrees that it shall utilize qualified City persolUlel to inspect the Fire
Station prior to assuming actual possession thereof and shall report in writing to the SBlAA as to
any physical deficiencies in the major components set forth in the next succeeding sentence to be
cured by the SBlAA prior to such possession by the City. The City shall assume actual
possession of the Fire Station and the Leased Premises upon confinnation by the City and the
S8lAA that the following set forth major components are in a safe and working condition: the
HV AC; availability and functioning of all utilities; roof and other structural components are in a
sound condition; all pedestrian doors and overhead garage doors are confumed by the City to be
operational. The SBIAA shall have no' obligation to cause to be made any stIUctural change,
improvement, modification, alteration or addition to the Fire Stalion except to ensure the
working condition of the previously set forth items. The 88lAA shall not be obligated for
compliance with any other occupancy requirements that may be imposed upon the City,
including, but not limited to, access by disabled persons and earthquake structural safety. The
City may at its own expense and with the prior written approval of the 88lAA cause to be made
any structural or non-structural changes, improvements, modifications, alterations or additions as
may better adapt the use of the Fire Station to the requirements of the City for aircraft fire crash
rescue purposes and for providing structural fire, emergency response and other life safety and
paramedic services as the City may detennine at its sole option.
Section 7.
Eauinment Provided bv the Parties.
(a) The 881M agrees thai the following three (3) items of apparatus shaH be
the only apparatus furnished by the SBIAA to the City during the Tenn of this Lease Agreement:
Description of:
P-20 Rapid Aircraft Rescue Fire Fil!btin~ Vehicle
P-4 1500 Gallon Aircraft Rescue Fire Fi2htim! Vehicle
E-One 1500 Gallon Aircraft Rescue Fire Fi~tinS Vehicle
Tbe S81AA, and not the City, shall be responsible for the replacement and upgrade of such
enumerated apparatus from such funds as the 88lAA may have available for such purposes to
J""""'....i.._b 'ily In _on..... 06010'
2010-223
maintain such ratings and certifications as required by the Federal Aviation Administration with
respect to the Airport.
(b) The SBIAA shall continue to utilize either the County of San Bernardino
Vehicle Maintenance Facilities or any other private or governmental repair facilities capable of
repairing, servicing and providing routine tune-ups and other similar maintenance functions to
the apparatus including, but not limited to, battery replacements, brake service, tire repair and
replacement, engine repairs and drive train replacement. The SBIAA shall also have the
responsibility and obligation to provide any additional equipment or other appurtenant materials
or supplies that may be required to cause said apparatus to be or continue to remain in an
operational state at any time in addition to the obligation of the SB1AA to properly maintain and
repair the apparatus.
(c) The City agrees at it sole expense to undertake minor in-station maintensnce
of the SBIAA apparatus as may be capable of being perfonned at the Fire Station by fire fighting
personnel at a cost not to exceed a total annual cost ofSl,Ooo. The City further agrees to provide
all other personal fire fighting equipment, supplies, hoses, nozzles, ladders, axes and other
ancillary equipment as may be needed. under the circumstances in addition to those items
required to be provided by the SBIAA on each fully equipped aircraft fu:efighting and crash
rescue apparatus.
'"
Section 9. ReDairs and Maintenance.
(a) The SBIAA shall provide adequate maintenance and security for the Fire
Station at the same times and in the same manner as is generally provided by the SBIAA with
respect to other occupied buildings and structure as owned by the SBIAA within the secured and
fence enclosed areas only within the Airport areas of the properties under the control of the
SBIAA. The SBIAA shall, at its own expense, maintain and keep that portion of the premises of
the Fire Station from the external walls to the boundary line designated on Exhibit "A" and all
extemal doors, overhead doors, HV AC system, adjacent sidewalls, roof and exterior walls and
concrete access areas adjacent to the Fire Station in a safe and maintained condition.
(b) The City shall be responsible for the cleaning, interior painting, sweeping and
maintenance of all exterior areas of the Fire Station including strUCtural exterior walls and
concrete access areas adjacent to both thc Firc Station and the Leased Premises and including the
refusc container area. The City shall, at its own expense, maintain and keep thc interior walls,
electrical and utilities, plumbing, living quarters and furnishings and appliances, interior passage
doors and windows within the exterior walls of the entire Fire Station in a safe and maintained
condition, The City shall at its own cost and expense provide for the janitorial and maintenance
eithcr through City personncl, fire fighters on-duty at the Fire Station or through private service
providers. The City's area of janitorial responsibility excludes areas leased to other entities by
the SBIAA. SB1AA is responsible for cleaning the front hallway and front restroom and the City
and SBIAA are jointly responsible for the kitchen based on their individual usage of that area
each week.
J:\data'obi..~Iob<ity flit _ .....1Xi010S
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Section IO.Utilities.
(a) The SBIAA shall make available, or cause to be made available to the Fire
Station, adequate connections and service lines for the provision of all utilities, including water,
sewer, cable television service, telephone, gas, refuse collection and electricity for the Fire
Station. Tbe City shall be required to obtain directly for its own account such level of service as
required by the City for telephone, cable television and other computer access lines (the "City
Utility Services'') and shall pay for all such City Utility Services directly to the applicable utility
provider, The SBIAA shall continue to be billed for all other utility services inclUding
specifically gas, refuse collection, water and sewer and electrical service (the "SBIAA Utility
Services''). Tbe City shall not be required to pay for any of the SBJAA Utility Services until
such time as the City either maintains a full-time presence at the Fire Station or utilizes the Fire
Station for fire fighting and training pmposes beyond the limited scope contemplated by this
Agreement. At such later date, the parties may detennine that the City shall be invoiced monthly
by the SBIAA in a fair and equitable manner based upon the hours and days of usage of the
Leased Premises portion of the Fire Station by the City as compared to the hours and days of
usage of any other portion of the Fire Station by either the SBIAA or any other tenants of the
SBIAA.
(b) The City shall pay such separately metered usage charges and connection fees
for all City Utility Services directly to the governmental Agency or such other State or federally
regulated public utility company providing any of such City Utility Services to the Fire Station,
In addition, the City and not the SBIAA shall be responsible for any upgrades and repairs and
replacements or additional utility services or additional levels of utility services than is provided
as of the effective date of this Lease Agreement, regardless of whether such is considered as thc
City Utility Services or as the SBIAA Utility Services.
Section II.Removal of Eauioment and Personal Prooertv.
(a) The City shall, upon the expiration or tennination of this Lease Agreement
and for a period of time not to exceed fourteen (14) days thereafter, have the right to remove all
furniture, movable equipment and other items of personal property that are not considered as
fixtures and additions to the Fire Station. Nothing shall be removed hy the City which is in any
manner affixed or attached to the floors or walls and the removal of which would render the Fire
Station Jess usable or would cause damage to any walls, floors, ceilings or windows.
(b) Any personal property or other equipment that is placed in the Leased
Premises by the SBJAA pursuant to an inventory list delivered to the City shall remain the
personal property of the SBIAA unless ownership thereof is otherwise specifically transferred by
the SBIAA to the City by appropriate written instroment.
Section 12.Destruction of Leased Premises.
If during the term hereof the Leased Premises are damaged or destroyed by fire or
other casualty, neither party shall have any obliption to repair any portion of the Leased
Premises and this Lease Agreement shall be subject to immediate tennination effective upon
J:\d.ta\sbiu.\ieucs\sb Cil)' fire .station leae 0601 O~
?Oln_??1
receipt of notice of tennination delivered by the terminating party to the other party; provided,
however, that the City shall have the right, but not the obligation, to repair the Leased Ptemises
to the extent necessary to continue in possessiOll of the Leased Premises for the remainder of the
then current telYll of this Lease Agreement.
Section l3.Notices.
Any and all notices required or permitted to be given hereunder shall be in writing
and shall be (i) personally delivered, or (ii) mailed certified or registered mail, via United States
Postal Service, return receipt requested, postage prepaid, or (Hi) delivered by express delivery
service or messenger service, or (iv) dispatched through other electronic means or by verified fax
transmission, to the respective parties at the addresses indicated below:
If to the SBlAA:
San Bernardino International Airport Authority
294 South Leland Norton Way Suite #1
San Bernardino, CA 92408
Attn: Executive Director
Tel: 909-382-4100
Fax: 909-382-4106
F.,!
If to the City:
City of San Bernardino Pire Department
200 East Third Street
San Bernardino, CA 92410
Attn: Larry Pitzer, Fire Chief
Tel: 909-384-5286
Fax: 909-3&4-5281
Any party may change its address by delivery of notice to the other party in the
manner as set forth above.
Section 14.Amendments.
This Lease Agreement may be amended or modified by the parties at their sole
discretion only by the written agreement duly approved PUJ:ll\l8llt to official action of and
executed by both parties in the manner as required by State law. Failure 011 the part of either
party to enforce any provision of this Lease Agreement shall not be construed as a continuing
waiver of the right to compel enforcement of such provision or provisions, and such failure to
enforce any provisiOll of this Lease Agreement shall never constitute nor be deemed to constitute
an amendment to this Lease Agreement without the official actiOll of the parties to specifically
approve any such amendment
J:\dIaIa"-biN\In5es\I;bcity lire statian 1cuc 060105
?()1(l ??1.
Section 15,Indemnification and Hold Harmless.
(a) The City shall defend, indemnify and save harmless the SBIAA and its Board
members, officials, officers, employees and agents from any and all claims for all loss or damage
to real or personal property, including loss of use thereof, and injury to persons which may result
from the negligent execution or performance of this Lease Agreement in addition to any and all
claims made by or on behalf of the City's agents, servants and/or employees arising our of their
employment or work pertaining to the operations of the City under this Lease Agreement.
Additionally, the City shall at all times defend, indemnify and hold the SBIAA, its S'oard
members, officials, officers, employees and agents hazmless from and against any and all
liabilities, demands, claims, suits, lawsuits, damages, causes of action, finds or judgments,
including costs, fees of attorneys and witnesses, and expenses incident thereto, arising out of OJ
in connection with the execution or performance of this Lease Agreement or as a reault of the
failure by the City to comply with all laws, ordinances or governmental regulations applicable to
the City or to 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 shall be an independent
contractor at all times during the tenn of this Lease Agreement and in every respect and not the
agent of the SBlAA for any purpose, Nothing contained herein and no direction or notification
from the SBlAA to the City shall be construed so as to create a partnership, joint venture or
Agency relationship between the parties h<ereto.
(b) The SBIAA shall defend, indemnify and save harmless the City and its
Council members, officials, officers, employees and agents from any and all claims for all loss or
damage to real or personal property, including loss of uae thereof, and injury to persons which
may result from the negligent execution or performance of this Lease Agreement in addition to
any and all claims made by or on behalf of the SBlAA's agents, servants and/or employees
arising our of their employment or work pertaining to the operations of the SBlAA under this
Lease Agreement. Additionally, the SBlAA shall at all times defend, indemnify and hold the
City, its Council members, officials, officers, employees and agents harmless from and against
any and all liabilities, demands, claims, suits, lawsuits, damages, cauaes of action, finds or
judgments, including costs, fees of attorneys and witnesses, and expenses incident thereto,
arising out of or in connection with the execution or performance of this Lease Agreement or as
a result of the failure by the SBlAA to comply with all laws, ordinances or governmental
regulations applicable to the SBIAA or to the conduct of the SBIAA' s business, including,
without limitation, laws, ordinanCe5 or governmental regulations applicable to the use, storage,
handling or disposal of petroleum products, hazardous materials or waste, or toxic substances,
The SBlAA shall be an independent contractor at all times during the tenD of this Lease
Agreement and in every respect and not the agent of the City for any purpose. Nothing
contained herein and no direction or notification from the City to the SBIAA shall be construed
so as to create a partnership, joint venture or Agency relationship between the parties hereto.
Section 16.Insurance.
(a) The City agrees to procure and maintain in full force and effect during the
Initial Term of this Lease Agreement and any Extended Tenn of this Lease Agreement, at the
J:'daaa.bi_\lCM:S\tb city fiRl statioo 1_060105
1818 IIJ
sole cost and expense of the City, public liability insurance adequate to protect against liability
for damage claims arising out of public use of the Leased Premises comprising the Fire Station
or accidenlli which may arise or be alleged to have arisen from the activities of the City in
connection with the performance of this Lease Agreement, in a minimum amount 0($1,000,000
for each person injured, in a minimum amount of $1,000,000 for anyone accident, and in a
minimum amount of $500,000 for property damage. Such insurance policies shall name the
SBlAA as an additional insured, and the SBIAA shall be given at least thirty (30) days' prior
written notice of any cancellation or modification to the coverage limits or such policy or
policies of insurance. ,.
(b) Notwithstanding the foregoing, the City may substitute a bona fide self-
insurance program for any ofthe insurance requirements indicated in this Section. The City shall
provide the SBlAA upon request with written evidence of excess coverage insurance policies
that are required to be obtained by the City as a part of any such bona fide self-insurance
program.
Section 17.ValidilV.
If any of the tenns, conditions, provisions or covenants of this Lease Agreement shall
to any extent be judged to be invalid, unenforceable, void or voidable for any reason whatsoever
by a court of competent jurisdiction, each and all of the mnaining terms, conditions, provisions
and covenants of this Lease Agreement shall not be affected thereby and shall remain in full
force and effect and be valid and enforceable to the fullest extent pennitted by applicable law.
Section 18.Entire Al!I'eCmenl
No other understandings or agreements exist between the parties except as herein
expressly slated herein with respect to the lease of the Fire Station, except with the provision of
certain firdighting services to be provided by the City to the SBlAA as contained in that certain
Master Services Agreement by and between the parties for the 2005-06 fiscal year. Any
modifications or amendments to this Lease Agreement must be approved by the official actions
of both the Mayor and Common Council of the City and the governing board of the SBIAA and
duly executed by authorized representatives of both parties.
J:\dala\sbiaa\1cualWb city fire _\ion bee 060 105
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IN WITNESS WHEREOF, the parties have duly executed this Lease Agreement on
the day and date first set forth in the introductory paragraph hereof.
(SEAL)
A'ITEST:
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( Jh.~
CIty Clerk
Approved as to Form
and Legal Content:
James F, Penman
City Attorney
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(SEAL)
Approved as to Fo
and Legal Content:
BY:V~
General
J:\da1J\ibiu\leaseWb city fiR:....on k:Ne06OI05
City of San Bernardino
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San Bernardino International Airport Authority
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EXHIBIT "A"
(Description of Fire Station,
Leased Premises, Excluded Area
and adjacent leased areas)
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San Bernardino International Airport
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October 31, 2005
Mr. Fred Wilson, City Adminstrator
City of San Bernardino
300 North D Street, Sixth Floor
San Bernardino, California 92418
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RE: CITY OF SAN BERNARDINO FIRE STATION LEASE
Dear Mr. WilsOll:
The San Bernardino International Airport Authority (SBlAA) approved the
attached lease agreement between tbe SBlAA and the City of San Bernardino at its
October 26, 2005 Commission Meeting. The lease bas been executed by the SBlAA and
I am forwarding three original cop~ for your action and approval.
Please retUrn a fully executed copy of the agreement to my attention upon
approval. Thank you for your continued support of the SBlAA, Please feel free to
contact me at (909) 382-4100 x 243 if you have any questions,
Sincerely,
PCI..
Ene
cc: Chief Lany Pitter
Chief Deputy Dennis Reichardt
Eric Ray
1,IWORDI'.IOO200SIhm)'llktoba'\020I, Wilson.do<
294 s. Leland Norton Way. Sub #1 . San Bamordino. CA 92~13' . (909)382-4100 . FAX (9011)382-4106
amab.do_sbdairport,com . 1tlp1fo1ww,sbdalrpon.com
A PROJECT OF THE INlAND VAlLEY DEVELOPMENT AGENCY AND SAN BERNARDINO INTERNATIONAl AIRPORT AUTHORITY
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