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HomeMy WebLinkAbout2011-113 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2011-113 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 V ALLEY DEVELOPMENT AGENCY AND THE CITY OF SAN BERNARDINO FOR PROVISION OF CITY SERVICES FOR FISCAL YEAR 2011/2012. 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 2011/2012. 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, 2011; therefore, any action taken between July 1,2011 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 This agreement is rescinded if the parties to the agreement fail to execute it within one hundred twenty (120) days of the passage of this resolution. /1/ /1/ /1/ /1/ /1/ /1/ /1/ 2011-113 1 2 3 4 5 6 7 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 V ALLEY DEVELOPMENT AGENCY AND THE CITY OF SAN BERNARDINO FOR PROVISION OF CITY SERVICES FOR FISCAL YEAR 2011/2012. I HEREBY CERTIFY tha~ 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 June ,2011, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MARQUEZ x VACANT BRINKER x SHORETT x KELLEY x JOHNSON x x MC CAMMACK IJ/i/JJJ.(J~~~ _ City Clerk ~'J:iolrt The foregoing resolution is hereby approved this 8 r/1- day of June , 2011. ~ City of San Bernardino Approved as to Form: 2011-113 Exhibit "A" MASTER SERVICES AGREEMENT This MASTER SERVICES AGREEMENT ("Agreement") is made and entered into as of the 1 st day of July, 2011 ("Effective Date"), by and between the INLAND V ALLEY DEVELOPMENT AGENCY, a public entity established pursuant to Government Code Section 6500, et seq., 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: 1. Enactment of the City The Agency hereby engages the City to provide the police sergeant, planning and fire 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 7. 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. 1 2011-113 Exhibit" A" 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 commence 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 agree to meet to make arrangements to back-fill the position in the most cost and resource-effective manner. 2.4 Beginning July 1, 2011, the Agency shall compensate the City for the Sergeant's services in the amount of one hundred sixty-two thousand seven hundred and ninety dollars ($162,790) for the twelve 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 2 2011-113 Exhibit "A" 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 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 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 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 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 (attachment A and B). 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 Permit, Inspection and Plan Check Services. The City agrees to provide Permit, Inspection and Plan Check services ("Services") to the Agency on an expedited 3 2011-113 Exhibit "A" basis, if available, upon the written request of the Agency. The provision of such Services is at the sole discretion of the Director of the Community Development Department or his/her designee. Any commitment by the City to provide such Services shall be subject to reimbursement by the Agency to the City for the actual costs incurred. The parties agree that the maximum amount of the fees for the performance of Services under this Section 4 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. 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 monthly appropriations report will be attached to the invoice as supporting documentation and will be submitted on a monthly basis. Expenses arising from the provision of Permit, Inspection and Plan Check Services shall be reimbursed by the Agency to 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 by the Agency, 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 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 shall be 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. 4 2011-113 Exhibit "A" 7. Term and Termination. This Agreement shall commence on July 1, 2011, 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 30,2012. 8. Indemnification and Insurance. 8.1 Indemnification. 8.1.1 The City shall defend (if requested 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 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. 5 2011-113 Exhibit "A" 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, 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. 8.1.4 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. 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: 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. 6 2011-113 Exhibit "A" 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 8.2.2 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 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. 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 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: 7 2011-113 Exhibit "A" 8.2.6 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. 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 certificates of insurance evidencing that insurance has been purchased by the Agency as required in Section 8.2.7 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 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 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. 8 2011-113 Exhibit "A" 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 Manager 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 9 2011-113 Exhibit "A" 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 ofthe 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 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. 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. III III III III III 10 2011-113 Exhibit "A" MASTER SERVICES AGREEMENT WITH THE INLAND VALLEY DEVELOPMENT AGENCY FY 2011/2012 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. INLAND VALLEY DEVELOPMENT AGENCY By: Executive Director SEAL ATTEST: By: Clerk of the Board CITY OF SAN BERNARDINO By: City Manager SEAL Approved as to Form: ATTEST: By: City Clerk , tC..-r 11 2011-113 ATTACHMENT A 1 2 RESOLUTION NO. 2006-7 3 4 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 SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY TO PROVIDE AlRCRAFf RESCUE AND FIRE FIGHTING SERVICES AT THE SAN BERNARDINO INTERNATIONAL AIRPORT. 5 6 WHEREAS, the City of San Bernardino ("City") is a municipal corporation and charter city 7 organized and existing pursuant to the constitution of the State of California; and 8 WHEREAS, the San Bernardino International Airport Authority ("SBIAA"), a joint powers 9 10 authority organized pursuant to California Government Code Section 6500, et seQ., has the right of 11 possession of certain property located at the San Bernardino International Airport (the "Airport") 12 pursuant to a lease between the Secretary of the Air Force on behalf of the United States and the 13 SBIAA dated January 18, 1994 which includes the building commonly known as Building No. 680; 14 15 16 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 17 portions of Building No. 680 for use as an aircraft fire crash rescue facility for the benefit of the 18 aviation related activities of the SBIAA, local fire fighters, and the public benefit of the community; 19 and 20 WHEREAS, the parties also desire that the City continue to provide aircraft fire crash rescue 21 services to the Airport and the SBIAA, fire training services and facilities, and additional structural 22 fire emergency response and other life safety and paramedic services established by their previous 23 24 25 26 agreement. 27 28 1 2011-113 2006-7 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINIO AUTHORIZING 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. 4 5 NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION 1. The City and SBlAA wish to renew their agreement for certain fire fighting 8 servIces; 9 SECTION 2. The Lease Agreement with the SBIAA, in the form attached hereto as Exhibit 10 "A" and incorporated herein by this reference (the "Lease"), is hereby approved. 11 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 services 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 5. The term 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. 25 IIII 26 I I I I 27 1/1/ 28 fill 2 2011-113 2006-7 1 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 SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY TO PROVIDE AIRCRAFT RESCUE AND FIRE FIGHTING SERVICES AT THE SAN BERNARDINO INTERNATIONAL AIRPORT. 2 3 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council ofthe City of San Bernardino at a;oint regular". meeting thereof, held on 7 the 9th day of January , 2006 by the following vote, to wit: 8 ABSTAIN ABSENT Council Members: AYES NAYS 9 10 ESTRADA x 11 LONGVILLE x 12 MCGINNIS x 13 DERRY x 14 KELLEY x 15 x JOHNSON 16 x MCCAMMACK 17 ~h.~ Rac I G. Clark, City Clerk 18 19 20 The foregoing resolution is hereby approved this day of January ,2006. 21 22 23 24 Approved as to form and legal content: 25 James F. Penman 26 City torney 27 3 28 2011-113 ATTACHMENT B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION NO. 2009-53 RESOLUTION OF THE MAYOR AND COMMON COUNCIL AMENDING RESOLUTION NO. 2006-7 REGARDING THE LEASE AND SERVICE AGREEMENT WITH THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That Resolution No. 2006.7, Section 5, is amended to read as follows: I1SECTION 5. The term of the Agreement is extended from February 4, 2004 until either party elects to terminate the agreement pursuant to Section 4 of the Lease" SECTION 2. Any action taken on the Agreement between February 4, 2009 and the effective date of this Resolution is hereby ratified. fIll lIlt 15 16 17 18 19 20 21 22 23 24 /1// /1/1 fIll /1// //1/ 111/ 1/1/ /1/1 /11/ 25 /1// 26 /11/ 27 11// 28 /III I 2011-113 2009-53 t 2 3 4 5 6 7 8 9 10 RESOLUTION OF THE MAYOR AND COMMON COUNCIL AMENDING RESOLUTION NO. 2006-7 REGARDING mE LEASE AND SERVICE AGREEMENT WITH THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and joint Common Council of the City of San Bernardino at a regular meeting thereof, held on the 16th day of March ,2009, by the following vote, to wit: COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT ESTRADA x 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Approved as to form: 26 27 28 BAXTER x BRINKER x VACANT KELLEY x JOHNSON x MCCAMMACK x ~~/<:1.~ Racll!1 G. Clark, City Clerk City of San Bernardino The foregoing Resolution is hereby 3.}:'proved this /;nI day of M::ITl'h , 2009. ~~su~ ~ .. Rikke Van Johnson, Mayor Pro Tern City of San Bernardino 2 2011-113 MASTER SERVICES AGREEMENT This MASTER SERVICES AGREEMENT ("Agreement") is made and entered into as of the 1st day of July, 2011 ("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: 1. Enactment of the City The Agency hereby engages the City to provide the police sergeant, planning and fire 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 7. 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. 2011-113 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 commence 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 agree to meet to make arrangements to back-fill the position in the most cost and resource-effective manner. 2.4 Beginning July 1, 2011, the Agency shall compensate the City for the Sergeant's servIces III the amount of one hundred sixty-two thousand seven hundred and ninety dollars ($162,790) for the twelve 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, induding without limitation, fire suppression/detection systems, disaster responses, fire protection operations, fire protection technical services and fire protection training, which shall 2 2011-113 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 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 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 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 Firefi2hting. 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 (attachment A and B). 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 Permit, Inspection and Plan Check Services. The City agrees to provide Permit, Inspection and Plan Check services ("Services") to the Agency on an expedited 3 2011-113 basis, if available, upon the written request of the Agency. The provision of such Services is at the sole discretion of the Director of the Community Development Department or his/her designee. Any commitment by the City to provide such Services shall be subject to reimbursement by the Agency to the City for the actual costs incurred. The parties agree that the maximum amount of the fees for the performance of Services under this Section 4 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. 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 monthly appropriations report will be attached to the invoice as supporting documentation and will be submitted on a monthly basis. Expenses arising from the provision of Permit, Inspection and Plan Check Services shall be reimbursed by the Agency to 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 by the Agency, 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 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 shall be 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. 4 2011-113 7. Term and Termination. This Agreement shall commence on July 1, 2011, 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 oftermination, this Agreement shall terminate on June 30, 2012. 8. Indemnification and Insurance. 8.1 Indemnification. 8.1.1 The City shall defend (if requested 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 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. 5 2011-113 8.1.3 The Agency shall defend (if requested by City), indemnify, save and hold hannless 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, 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. 8.1.4 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. 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: 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. 6 2011-113 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 8.2.2 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 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 bre~ch 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. 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 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: 7 2011-113 8.2.6 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. 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 certificates of insurance evidencing that insurance has been purchased by the Agency as required in Section 8.2.7 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 sh~11 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 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 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. 8 2011-113 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 Manager With copies to: The City Department(s) to which the subject matter ofthe 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 9 2011-113 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 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. 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 ofthe 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. III III III III III 10 2011-113 MASTER SERVICES AGREEMENT WITH THE INLAND VALLEY DEVELOPMENT AGENCY FY 2011/2012 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. INLAND VALLEY DEVELOPMENT AGENCY By: ~~L ~~ _ Executive Director U SEAL --~/'- By: City Manager SEAL Approved as to Form: ATTEST: By ~ r:: il rUG City Clerk -i '4;.~~~ ~~ v~{Jad}J ~J ~~ 11 2011-113 ATTACHMENT A 1 2 RESOLUTION NO. 2006-7 3 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 SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY TO PROVIDE AIRCRAFT RESCUE AND FIRE. FIGHTING SERVICES AT THE SAN BERNARDINO INTERNATIONAL AIRPORT. 4 5 6 WHEREAS, the City of San Bernardino ("City") is a municipal corporation and charter city 7 organized and existing pursuant to the constitution of the State of California; and 8 WHEREAS, the San Bernardino International Airport Authority ("SBIAA"), a joint powers 9 10 11 authority organized pursuant to California Government Code Section 6500, et seq., has the right of 12 possession of certain property located at the San Bernardino International Airport (the "Airport") pursuant to a lease between the Secretary of the Air Force on behalf of the United"States and the 13 SBIAA dated January 18, 1994 which includes the building commonly known as Building No. 680; 14 and 15 WHEREAS, in 1999 the City and SBIAA entered into an agreement for the lease of certain 16 portions of Building No. 680 pursuant to Resolution No. 1999-20 and desire to continue to lease 17 portions of Building No. 680 for use as an aircraft fire crash rescue facility for the benefit of the 18 aviation related activities of the SBIAA, local fire fighters, and the public benefit of the community; 19 and 20 21 22 23 24 WHEREAS, the parties also desire that the City continue to provide aircraft fire crash rescue services to the Airport and the SBIAA, fire training services and facilities, and additional structural fire emergency response and other life safety and paramedic services established by their previous agreement. 25 26 27 28 1 2011-113 2006-7 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINIO AUTHORIZING 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. 4 5 NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION 1. The City and SBIAA wish to renew their agreement for certain fire fighting 8 servIces; 9 SECTION 2. The Lease Agreement with the SBIAA, in the form attached hereto as Exhibit 10 "An and incorporated herein by this reference (the "Lease"), is hereby approved. 11 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 services 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 5. The term 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. 25 IIII 26 IIII 27 IIII 28 IIII 2 20 21 22 23 24 25 2011-113 2006-7 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINIO AUTHORIZING 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. 4 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 a;oint regular", meeting thereof, held on 7 the 9th day of January Council Members: AYES ESTRADA X LONGVILLE X MCGINNIS x DERRY X KELLEY x JOHNSON X MCCAMMACK , 2006 by the following vote, to wit: 8 ABSTAIN ABSENT NAYS 9 10 11 12 13 14 15 16 x 17 ~h.~ Rae I G. Clark, CIty Clerk 18 19 Approved as to fonn and legal content: The foregoing resolution is hereby approved this day of January ,2006. James F. Penman 26 City torney 27 28 3 LULL .L .L":> ATTACHMENT B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 RESOLUTION NO. 2009-53 RESOLUTION OF THE MAYOR AND COMMON COUNCIL AMENDING RESOLUTION NO. 2006-7 REGARDING THE LEASE AND SERVICE AGREEMENT WITH THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That Resolution No. 2006-7, Section 5, is amended to read as follows: I1SECTION S. The term of the Agreement is extended from February 4, 2004 until either party elects to terminate the agreement pursuant to Section 4 of the Lease" SECTION 2. Any action taken on the Agreement between February 4, 2009 and the effective date of this Resolution is hereby ratified. 1111 I11I I111 I111 1/1/ 1/11 IIII IIII IIII 23 1III 24 /1/1 25 //1/ 26 ///1 27 28 II/I IIII I 2009-53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL AMENDING RESOLUTION NO. 2006-7 REGARDING THE LEASE AND SERVICE AGREEMENT WITH THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and joint Common Council of the City of San Bernardino at a regular meeting thereof, held on the 16th day of March ,2009, by the following vote, to wit: COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT ESTRADA x BAXTER x BRINKER x VACANT KELLEY x JOHNSON x MCCAMMACK x ~~/':1.~ Racl1lI G. Clark, City Clerk City of San Bernardino The foregoing Resolution is hereby approved this /J'R day of M::IT~h ,2009. ~LL~ iT . Rikke Van Johnson, Mayor Pro Tern City of San Bernardino Approved as to form: 2