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HomeMy WebLinkAbout07.A- City Manager RESOLUTION (ID #2000) DOC ID: 2000 O CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract From: Andrea Travis-Miller M/CC Meeting Date: 08/20/2012 Prepared by: Heidi Aten, (909) 384-5122 Dept: City Manager Ward(s): All Subject: 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 San Bernardino International Airport Authority and the City of San Bernardino for the Provision of City Services for the FY 2012/2013. Financial Impact: The City shall be compensated$177,114 for the services of the Sergeant for FY 2012-2013. Motion: Adopt Resolution. Synopsis of Previous Council Action: 1998 through 2012-Mayor and Common Council annually adopt Resolution authorizing Master Services Agreements by and between the Inland Valley Development Agency and the City. © Background: The first Master Services Agreement (the "MSA") was executed in 1994 by and between the Inland Valley Development Agency (the "IVDA") and the City of San Bernardino (the "City"). Services provided through the MSA have included police, fire, traffic signal maintenance, plan check, inspection and engineering services. Each fiscal year, the MSA is reviewed by the IVDA and the City and modified as needed to ensure the provision and cost of services are mutually beneficial to each of the agencies. For Fiscal Year 2012/2013, the MSA has been divided into two separate agreements; one for services provided from the City to the San Bernardino International Airport (the"SBIAA") and a separate MSA between the City and IVDA for services provided exclusively to the IVDA. Separation of the reimbursable costs will allow the IVDA and SBIAA to plan accordingly in each of their annual operating budgets. Public Works and Engineering services provided by the City shall be memorialized in a separate agreement by and between the City and the IVDA. In order for the City to continue providing services to the SBIAA, it is necessary to approve the attached Master Services Agreement, which shall have an effective date of July 1, 2012, and terminate June 30, 2013. Provisions of the Master Services Agreement include the following Police and Fire services: Police The City will provide the services of one police sergeant (the "Sergeant") to manage the Office of Airport Security. The Sergeant works at the direction of the Chief of Police, who may allow i the Sergeant to accept direction from the Executive Director of the SBIAA or his designee. The Police Sergeant is responsible for recruiting, hiring, training, and supervising approximately fifty Updated: 8/17/2012 by IQM2 Admin I Packet Pg. 67 2000 part-time security officers and will be available for all emergency training exercises at the airport. The Agency shall compensate the City $177,114 for the Sergeant's services for the twelve-month period covered by this contract Fire The airport is situated within territorial boundaries of the City. In order to ensure an adequate level of protection to airport facilities and the surrounding area, the Fire Department will continue to provide all fire safety related services including emergency services, paramedic and life threatening response services, emergency aircraft rescue firefighting services, and fire prevention services at no cost to the SBIAA. The provision of Aircraft Rescue and Firefighting (ARFF), apparatus and equipment, and non- emergency services as required by Federal Aviation Regulations are provided pursuant to a separate Lease and services agreement between the City and the SBIAA for the fire station (ARFF Facility) at the San Bernardino Airport. It is important to note, these are mutually exclusive contracts governing the provision of separate services. City Attorney Review: Sunnortina Documents: agrmt 2000 (PDF) reso 2000 (PDF) i I i i Updated: 8/17/2012 by IQM2 Admin Packet Pg. 68 Attachment A MASTER SERVICES AGREEMENT BETWEEN THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY AND THE CITY OF SAN BERNARDINO FOR FISCAL YEAR 2012/2013 This MASTER SERVICES AGREEMENT ("Agreement") is made and entered C into as of the I" day of July, 2012 ("Effective Date"), by and between the SAN BERNARDINO E d INTERNATIONAL AIRPORT AUTHORITY, a public entity established pursuant to Government o a Code Section 6500, et seg., for the joint exercise of powers ("SBIAA") and the CITY OF SAN v U BERNARDINO, a charter city under the laws and Constitution of the State of California("City"). d L The SBIAA and the City hereby agree as follows: t a i 1. Enactment of the Citv a L The SBIAA hereby engages the City to provide police sergeant and fire services described R r_ in Sections 2 and 3 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 5. d C G O r- 2. Police Sergeant Services a 2.1 The City shall provide the services of one (1) police sergeant ("Sergeant") to the m SBIAA for basic supervision and management of the Office of Airport Security. The City shall be N the sole employer of the Sergeant who shall work at the direction of the Chief of Police of the City o of San Bernardino or his or her designee. The Chief of Police or his designee,in his sole discretion, N may allow the Sergeant to accept direction from the Executive Director of the San Bernardino °o N International Airport Authority or his designee, as long as such direction is consistent with all E L relevant federal, state and local laws and all relevant rules and regulations of the City Police 6 Department. The Sergeant shall be available for all emergency training exercises as directed by the E Executive Director or his or her designee. m 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 SBIAA's Human Resources Department. The Sergeant shall also be responsible for initiating requests for 1 Packet Pg. 69 Attachment A ^ and determining which equipment and supplies are to be used in connection with the performan ce (V 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 E termination date of the Agreement, unless otherwise modified by written agreement of the parties a 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 `� Po g periods of time. Therefore, when a situation becomes apparent that r will result in a lengthy vacancy in that position (e.g., vacation or injury of the Sergeant),the parties L agree to meet to make arrangements to back-fill the position in the most cost and resource-effective a L manner. 0 a L 'a 2.4 Beginning July 1, 2012, the SBIAA shall compensate the City for the Sergeant's ca C services in the amount of one hundred seventy-seven thousand one hundred and fourteen dollars ($177,114) for the twelve month period covered by this contract. Expenses arising from the C 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 CO documentation and will be submitted on a monthly basis. 0 0 2.5 It is understood that the City's police personnel may not have authority to respond N in a Federal jurisdiction, and shall respond only in those areas in which they have authority. N E L 3. Fire Department Services 3.1 The airport is situated within territorial boundaries of the City. In order to ensure E an adequate level of protection to airport facilities and the surrounding area, the City shall 4i provide all fire related services, including without limitation, fire suppression/detection systems, a disaster responses, fire protection operations, fire protection technical services and fire protection training,which shall include fire extinguishing training. These services are consistent with the level of service provided throughout the City. 2 Packet Pg. 70 Attachment A 3.2 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 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. c E d 3.3 The SBIAA shall require all prospective occupants of facilities to comply with the a City's Municipal Code fire inspection provisions as a condition of occupying the facilities. U d N 3.4 The Aircraft Rescue and Firefighting (ARFF) response related services shall be L 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- a o` four(24)hours per day, seven(7)days per week on an immediate basis,via 911. a 'a 76 C 4. Personnel ° All matters pertaining to the hiring, employment, su pervision,compensation promotion and discharge of its employees to perform hereunder are the responsibility of the City, which is, in all 0 respects, the sole employer of such employees. The SBIAA is the sole employer of the security officers described in Section 2.2 hereof. The SBIAA may request that any person employed by the m City to perform police and fire services under this agreement no longer be permitted to perform M such services. Such request of the SBIAA to the City shall be made in writing and shall specify the o reasons therefore. City shall take action in responding to such request consistent with the personnel N polices of the City and in the exercise of its sole discretion. o N E 5. Term and Termination R This Agreement shall commence on July 1, 2012, and unless sooner terminated or extended E by agreement of the City and the SBIAA upon thirty (30) days prior written notice, and executed o prior to date of termination,this Agreement shall terminate on June 30,2013. c 6. Indemnification and Insurance 6.1 Indemnification The City shall defend (if requested by SBIAA), indemnify, save and hold harmless the SBIAA and its commissioners, officials, officers, employees and agents 3 Packet Pg.71 7.A.a Attachment A 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 SBIAA, its commissioners, officials, officers, employees " and agents harmless from and against any and all liabilities, demand, claims, suits, losses,damages, E causes of action, fines, or judgments, including costs, attorneys' and witnesses' fees, and expenses a 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, rn 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. q C 6.1.2 The City is and will be an independent contractor at all times and in every FU respect and not the agent of the SBIAA. Nothing contained herein and no direction or notification from the SBIAA or the Executive Director to the City shall be construed so as to create a partnership,joint venture or SBIAA relationship between the parties hereto. o 6.1.3 The SBIAA shall defend (if requested by City), indemnify, save and hold m 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, o resulting from the negligent performance of its obligations under this Agreement, as well as from N any claims made by or on behalf of the SBIAA's agents, servants, and/or employees arising out of their employment or work pertaining to the operations under this Agreement;moreover, the SBIAA E shall at all times defend, indemnify and hold the City, its commissioners, officials, officers, 0 employees and agents harmless from and against any and all liabilities, demand, claims, suits, E 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 SBIAA to a comply with all laws, ordinances or governmental regulations applicable to the SBIAA or the conduct of the SBIAA'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. 4 Packet Pg. 72 7.A.a Attachment A d.- 6.1.4 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. 6.2 Insurance The City shall purchase and maintain in effect, at its own expense, d during the term of this Agreement insurance from insurers acceptable to the SBIAA protecting said a City, the SBIAA, 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 N a Agreement, whether such activities be of the City, the City's agent, or of anyone employed by the s City. The types of insurance coverage as well as the amounts of such coverage shall be as follows: a L 0 Q L 6.2.1 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 OCity in the performance of the duties described herein. F G O 6.2.2 The City shall provide public liability insurance coverage in the amounts of a not less than $10,000,000 for property and $10,000,000 for the death or injury of one person and m $5,000,000 for any one accident or casualty, covering the performance of the services herein ordered. 0 6.2.3 Within ten (10) days after the acceptance of this Agreement by the SBIAA, N the City shall deliver to the SBIAA certificates of insurance evidencing that insurance has been o purchased by the City as required in this Section 6.2.3 and copies of endorsements providing (i) E thirty(30)days'written notice of cancellation,non-renewal, or reduction in coverage by the insurers 0 to the SBIAA, and (ii) automobile liability and comprehensive general liability insurance shall E include the SBIAA, its commissioners, officials, officers, employees, and agents as additional o insureds. Said certificates of insurance and copies of endorsements shall be on file with the SBIAA a at all times thereafter during the tern of this Agreement. Failure of the City to provide the certificates of insurance or subsequent receipt by the SBIAA 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 SBIAA upon written notice. All policies 5 Packet Pg. 73 Attachment A of insurance required and provided by the City under this Section 6.2 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 SB1AA, its commissioners,officials, officers,employees and agents. 6.2.4 Notwithstanding the foregoing, the City may substitute a bona fide self- insurance program for any of the insurance requirements indicated in this Section 6.2. The City E shall provide the SBIAA with evidence of excess coverage upon written request. a 6.2.5 The SBIAA 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 SBIAA, Z, 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 a alleged to have arisen, from the SBIAA's activities in connection with the performance of this CL Agreement, whether such activities be of the SBIAA, the SBIAA's agent, or of anyone employed �z by the SBIAA. The types of insurance coverage as well as the amounts of such coverage shall be as follows: d S 0 Ea 6.2.6 The SBIAA shall famish worker's compensation and employers' liability insurance as required by the laws of the State of California covering all persons employed by the m SBIAA in the performance of the duties described herein. n CD O 6.2.7 The SBIAA 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 N $5,000,000 for any one accident or casualty, covering the performance of the services herein E ordered. R d E 6.2.8 Within ten(10) days after the acceptance of this Agreement by the City, the SBIAA shall deliver to the City certificates of insurance evidencing that insurance has been a purchased by the SBIAA as required in Section 6.2.7 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 6 Attachment A 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 SBIAA to provide the certificates of insurance or subsequent receipt by the City of a notice of cancellation of the insurance policy(ies) by the SBIAA'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 SBIAA under this Section 6.2 shall include, or be endorsed to provide, E a waiver by the insurers of any rights of subrogation that the insurers may have at any time against a the City,its commissioners,officials, officers, employees and agents. U 3 L U 6.2.9 Notwithstanding the foregoing, the SBIAA may substitute a bona fide self- insurance program for any of the insurance requirements indicated in this Section 6.2. The SBIAA r shall provide the City with evidence of excess coverage upon written request. a r 0 0. 7. Miscellaneous. a 7.1 Notices. Any and all notices required or permitted to be °- perm' given hereunder shall be M in writing and shall be personally delivered or mailed by certified or registered mail, return receipt d requested,postage prepaid,to the respective parties at the addresses indicated below: o o L If to SBIAA: San Bernardino International Airport Authority m 1601 East Third Street San Bernardino, CA 92408 M Ann: Executive Director o 0 0 N If to City: City of San Bernardino 0 300 North"D" Street, 6s'Floor N San Bernardino,CA 92418 E Attn: City Manager M With copies to: The City Department(s)to which the subject matter of the E s particular notice pertains. a 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, 7 Attachment A 7.2 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. 7.3 Severabilitv. If one or more of the provisions of this Agreement is hereafter declared invalid or unenforceable by judicial, legislative or administrative authority of competent jurisdiction, the parties hereto agree that the invalidity or unenforceability of any of the provisions N d shall not in any way affect the validity or enforceability of any other provisions of this Agreement. L d 7.4 Amendment: Modification. No change or modification of the terms or provisions o of this Agreement shall be deemed valid unless in writing and signed by both parties subject to a governmental approval, if required. o CL L 7.5 Governing Law. This Agreement shall be construed, interpreted and applied in o accordance with the laws of the State of California. .@ c L 7.6 Waiver. No waiver of any breach or default shall be construed as a continuing c° waiver of any provision or as a waiver of any other or subsequent breach of any provision contained F in this Agreement. m C U) N 7.7 Headings. The headings of Sections of this Agreement have been inserted for o convenience of reference and shall not affect the interpretation of any provisions of this Agreement. N 0 0 0 7.8 Assi mg i ent. Neither party hereto shall assign, hypothecate, or otherwise transfer E such party's rights hereunder, or delegate such party's duties hereunder, without the prior written consent of the other party hereto. d E s U 16 7.9 Renegotiation of the Agreement. The City and the SBIAA agree that needs may a 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 SBIAA and the City. 8 Attachment A MASTER SERVICES AGREEMENT BETWEEN THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY AND THE CITY OF SAN BERNARDINO FOR FISCAL YEAR 2012/2013 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date E first above written. d rn w 0 v SAN BERNARDINO INTERNATIONAL AIRPORT CD AUTHORITY >. 0 r By Date: ¢ r Interim Executive Director 0. SEAL o Y ATTEST: d _c 0 By: S Clerk of the Board d m c m U) CITY OF SAN BERNARDINO o 0 0 N_ O By: Date: °o N Acting City Manager £ m R SEAL d E Approved as to Form: ATTEST: a By: ,,, Z City Clerk 6jes F. Penman, City Attorney 9 7.A.b 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A 3 MASTER SERVICES AGREEMENT BY AND BETWEEN THE SAN BERNARDINO 4 INTERNATIONAL AIRPORT AUTHORITY AND THE CITY OF SAN BERNARDINO FOR THE PROVISION OF CITY SERVICES FOR FISCAL YEAR 5 2012/2013. a E 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 7 CITY OF SAN BERNARDINO AS FOLLOWS: a N d v_ 8 it SECTION 1. The City Manager of the City of San Bernardino is hereby authorized rn 9 ,, 10 and directed to execute on behalf of said City, a Master Services Agreement by and between r 11 the San Bernardino International Airport Authority and the City of San Bernardino for the z 0 CL 12 provision of services for Fiscal Year 2012/2013. A copy of the Master Services Agreement is 13 attached hereto as Exhibit "A,"and incorporated herein by reference as though fully set forth. 0 14 SECTION 2. That the implementation date of the Agreement is July 1, 2012; c d 15 _ therefore, any action taken between July 1, 2012, and the date that this Resolution is adopted S c 16 ` 17 is hereby ratified. d m 18 SECTION 3. This agreement is rescinded if the parties to the agreement fail to W 19 execute it within one hundred twenty(120) days of the passage of this resolution. °o 20 0 21 N 0 22 d 23 r E 24 25 26 27 28 PacketPg.78 7.A.b 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A 2 MASTER SERVICES AGREEMENT BY AND BETWEEN THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY AND THE CITY OF SAN 3 BERNARDINO FOR THE PROVISION OF CITY SERVICES FOR FISCAL YEAR 4 2012/2013. 5 d E 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and d m a 7 Common Council of the City of San Bernardino at a meeting (D u 8 thereof, held on the_day of 2012, by the following vote, to wit: d 9 r Council Members: AYES NAYS ABSTAIN ABSENT c 10 11 MARQUEZ 0 12 JENKINS a 13 VALDIVIA o Y 14 SHORETT d 15 KELLEY c0 16 T A 17 JOHNSON 0 d m 18 MCCAMMACK rn 19 0 0 N 20 Gerogeann Hanna, City Clerk °oc 21 The foregoing Resolution is hereby approved this day of 2012. a0 22 ` C 23 E s 24 Patrick J. Morris,Mayor City of San Bernardino a 25 Approved as to form: 26 JAMES F. PENMAN, 27 City Attorney 28 By: P,000tPt:79