HomeMy WebLinkAbout05.F- Police RESOLUTION (ID#2475) DOC ID: 2475 A
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Robert Handy M/CC Meeting Date: 05/20/2013
Prepared by: Cynthia Taack,
Dept: Police Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of the Master Services Agreement Between the San Bernardino International Airport
Authority and the City of San Bernardino for Police and Fire Related Services. (#2475)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: $ 0
Account No. 001-210-0000-4671
Account Description: SBIAA Reimb. General Fund
Balance as o£ 04-30-13
Balance after approval of this item: $162,736
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred,but not yet processed.
Motion: Adopt the Resolution.
Other Council Action:
08-20-2012 Resolution 2012-220, authorizing the Mayor and Common Council to execute a
Master Services Agreement between SBIAA and the City.
Background:
The first Master Services Agreement (MSA) was executed in 1994 by and between the Inland
Valley Development Agency (IVDA) and the City of San Bernardino (City) to memorialize the
provision of specific services provided to the IVDA by the City including, police, fire, traffic
signal maintenance, plan check, inspection and engineering services. Each fiscal year, the MSA
is reviewed and modified as needed to ensure the provision and cost of services is mutually
beneficial to both agencies.
The Fiscal Year 2012/2013 MSA was divided into two agreements to separate reimbursable
expenses between the IVDA and the San Bernardino International Airport (SBIAA). In addition,
it was determined that an agreement for IVDA related services (i.e., signal maintenance, plan
check, inspection and engineering) was not needed at that time. The SBIAA Commission
approved the FY 2012/2013 MSA on June 12, 2012, for the provision of services from the San
Bernardino Police and Fire Departments.
Consistent with the current MSA, which expires on June 30, 2013, the only cost associated with
the proposed 2013 MSA is reimbursement for the services of one police sergeant (Sergeant). It
is recommended at this time that the 2013 MSA include a 5-year term,with the provision that the
Updated: 5/13/2013 by David Cain A I Packet Pg. 125
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cost for the Sergeant's position, which varies from year to year, be provided to the SBIAA by the
City before May of each year during the term of the agreement. This will provide sufficient time for
SBIAA to budget for the position, and eliminate the need for both governing bodies to take formal
action on an annual basis.
The 2013 MSA identifies services from the Police and Fire Departments a follows:
Police:
The City will provide the services of one police Sergeant to manage the Office of Airport
Security. The Sergeant works at the direction of the Chief of Police, who may allow 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 50
part-time security officers and available for all emergency training exercises at the airport.
The SBIAA, through this Agreement, will compensate the City $162,736 for the Sergeant's
services for the first 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 fire fighting services and fire
prevention services at no cost to the SBIAA.
The provision of Aircraft Rescue and Firefighting apparatus and equipment, and other non-
emergency services as required by Federal Aviation Regulations are provided pursuant to a
separate Lease Agreement between the City and the SBIAA. It is important to note, although
references herein, these are mutually exclusive agreements governing the provision of separate
services.
The current MSA is set to expire on June 30, 2013. In order for the SBIAA to continue receiving
these City services, it is necessary for the Commission to approve the proposed 2013 Master
Services Agreement, attached hereto for reference. The term of the Agreement will be from July
1, 2013, through June 30, 2018. It is anticipated that the 2013 MSA will be presented for
approval by the City at the May 20, meeting of the Mayor and Common Council.
City Attorney Review:
Supporting Documents:
SBIA Master Services Agreement-Resolution (PDF)
2013 City SBIAA Master Service Agreement- Exhibit A (PDF)
Updated: 5/13/2013 by David Cain A Pket
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I RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE MASTER
3 SERVICES AGREEMENT BETWEEN THE SAN BERNARDINO INTERNATIONAL
4 AIRPORT AUTHORITY AND THE CITY OF SAN BERNARDINO FOR POLICE
AND FIRE RELATED SERVICES.
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NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
6 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: as
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SECTION 1. The City Manager is hereby authorized and directed to execute on
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9 behalf of said City a Master Services Agreement between the San Bernardino International y
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Airport Authority and the City of San Bernardino for Police and Fire related services, a copy a
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of which is attached hereto marked Exhibit A and incorporated herein by reference as fully as W
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though set forth at length.
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14 SECTION 2. This agreement is rescinded if the parties to the agreement fail to 2
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15 execute it within one hundred twenty (120) days of the passage of this resolution.
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Packet P127
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF '
SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE MASTER
2 SERVICES AGREEMENT BETWEEN THE SAN BERNARDINO INTERNATIONAL
AIRPORT AUTHORITY AND THE CITY OF SAN BERNARDINO FOR POLICE
3 AND FIRE RELATED SERVICES.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a meeting CD
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thereof,held on the day of ,2013,by the following vote,to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
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9 MARQUEZ U)
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JENKINS a
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12 VALDIVIA ti
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13 SHORETT
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14 KELLEY '
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15 JOHNSON
16 MCCAMMACK E
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19 Gerogeann Hanna, City Clerk
20 The foregoing resolution is hereby approved this day of ,2013.
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Patrick J. Morris,Mayor
23 City of San Bernardino
24 Approved as to form:
25 JAMES F. PENMAN, Q
City orney
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Packet Pa. 128
2013 MASTER SERVICES AGREEMENT BETWEEN THE SAN BERNARDINO
INTERNATIONAL AIRPORT AUTHORITY AND THE CITY OF SAN BERNARDINO
This MASTER SERVICES AGREEMENT ("Agreement") is made and entered
into as of the 0 day of July, 2013 ("Effective Date"), by and between the SAN BERNARDINO E
INTERNATIONAL AIRPORT AUTHORITY, a public entity established pursuant to Government Q
Code Section 6500, et seq., for the joint exercise of powers ("SBIAA") and the CITY OF SAN
BERNARDINO,a charter city under the laws and Constitution of the State of California("City").
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The SBIAA and the City hereby agree as follows: M
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1. Enactment of the City
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The SBIAA hereby engages the City to provide police sergeant and fire services described
in Sections 2 and 3 of this Agreement, and the City hereby accepts such engagement and agrees to a
provide such services under this Agreement during the term specified in Section 5.
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2. Police Sergeant Services
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2.1 The City shall provide the services of one (1) police sergeant ("Sergeant") to the a
SBIAA for basic supervision and management of the Office of Airport Security. The City shall be
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the sole employer of the Sergeant who shall work at the direction of the Chief of Police of the City it
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of San Bernardino or his or her designee. The Chief of Police or his designee, in his sole discretion, y
may allow the Sergeant to accept direction from the Executive Director of the San Bernardino
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International Airport Authority or his designee, as long as such direction is consistent with all m
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 M
Executive Director or his or her designee. N
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2.2 The Sergeant shall be responsible for recruiting, hiring, determining appropriate v
training and limited in-house training, managing, scheduling and disciplining approximately fifty a
(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
and determining which equipment and supplies are to be used in connection with the performance
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of his or her, as well as the part-time security officers' services. The City shall provide an
automobile including service, repair and fuel for said vehicle,for use by the Sergeant in connection
with the performance of services to the SBIAA under this Agreement.
2.3 The Sergeant's services shall commence on the Effective Date and shall continue E
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until the termination date of the Agreement as identified in Section 5, unless otherwise modified by a
written agreement of the parties upon thirty-(30) day prior written notice. The Sergeant's services
shall be provided by the City on a forty-(40) hour per week basis. Any hours exceeding forty-(40) d
shall be reimbursed to the City by the SBIAA,provided that SBIAA has authorized the overtime. A d
memo shall be submitted from the Sergeant to the Executive Director with justification for
overtime. Both parties understand and accept the importance of having coverage of the Sergeant's m
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position and agree that it is in their mutual interest that the position not be vacant for long periods of Ln
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time. Therefore, when a situation occurs that will result in a vacancy in the Sergeant position that N
exceeds a 2-week period (e.g., position transition, vacation or injury), the City shall provide a
coverage for this absence in an equal capacity as is identified in this Agreement. x
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2.4 Beginning July 1, 2013, the SBIAA shall compensate the City for the Sergeant's E
services in the amount identified in Exhibit A to this Agreement for the first twelve-month period of a
this Agreement. On or before May 1 of each subsequent year during the term of this Agreement,the
City shall provide to the SBIAA the budgeted cost for the Sergeant's expenses for the upcoming
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fiscal year in a format consistent with Exhibit A, The City will use the Labor Distribution Report y
to bill actual monthly costs of the Sergeant to the SBIAA.
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2.5 It is understood that the City's police personnel may not have authority to respond r
in a Federal jurisdiction, (e.g. the Airport Operations Area) and shall respond only in the areas in
which they have authority. N
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3. Fire Department Services
3.1 The airport is situated within territorial boundaries of the City. In order to ensure a
an adequate level of protection to airport facilities and the surrounding area, the City shall
provide all fire related services, including without limitation, fire suppression/detection systems,
disaster responses, fire protection operations, fire protection technical services and fire protection
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training,which shall include fire extinguishing training. These services are consistent with the level
of service provided throughout the City and shall be provided by the City twenty-four(24) hours
per day,seven(7)days per week on an immediate basis,via 911.
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3.2 The City shall also provide emergency response for structural fires,paramedic and d
life-threatening situations, and typical fire engine response services, including without limitation, a
fire hazardous waste spills and medical emergencies. These services shall be provided by the City
twenty-four(24) hours per day, seven (7) days per week on an immediate basis, via 911. The City
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shall provide all necessary structural apparatus and aerial trucks, tools, equipment and supplies.`,
Maintenance of said apparatus and trucks,tools, equipment and supplies shall be performed by the
City, as needed. g
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3.3 The SBIAA shall require all prospective occupants of facilities to comply with the N
City's Municipal Code fire inspection provisions as a condition of occupying the facilities. Q
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3.4 Aircraft Rescue and Firefighting response related services shall be provided
twenty-four (24) hours per day, seven (7) days per week on an emergency response and stand-by d
basis. Included is the provision of apparatus, equipment and supplies, which is governed in a
separate contract between the City and the 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.
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4. Personnel Q
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All matters pertaining to the hiring, employment, supervision, compensation,promotion and ��,
discharge of its employees to perform services hereunder are the responsibility of the City,which is, M
in all respects, the sole employer of such employees. The SBIAA is the sole employer of the N
security officers described in Section 2.2 hereof. If deemed necessary by the Executive Director,
the SBIAA may require that any person employed by the City to perform police and fire services a
under this agreement no longer be permitted to perform such services for the SBIAA. Such a
requirement of the SBIAA 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.
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5. Term and Termination
The term of this Agreement shall be five (5)years, commencing on July 1,2013,and unless
sooner terminated or extended by agreement of the City and the SBIAA in writing upon thirty(30) r
days prior written notice, and executed prior to date of termination, shall terminate on June 30, E
2018.
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6. Indemnification and Insurance
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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 g
from all claims for loss or damage to property, including loss of use thereof, and injury to persons, m
resulting from its negligent performance of its obligations under this Agreement, as well as from ,j;
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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 a
all times defend, indemnify and hold the SBIAA, its commissioners, officials, officers, employees s
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and agents harmless from and against any and all liabilities, demand,claims, suits,losses,damages,
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causes of action, fines, or judgments, including costs, attorneys' and witnesses' fees, and expenses E
incident thereto, arising out of or in connection with the failure by the City to comply with all laws,
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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,
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storage, handling or disposal of petroleum products, hazardous materials or waste, or toxic 2
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6.1.2 The City is and will be an independent contractor at all times and in every r
respect and not the agent of the SBIAA. Nothing contained herein and no direction or notification M
from the SBIAA or the Executive Director to the City shall be construed so as to create a N
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partnership,joint venture or SBIAA relationship between the parties hereto.
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6.1.3 The SBIAA shall defend (if requested by City), indemnify, save and hold a
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
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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
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' E
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 d
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 ;
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materials or waste,or toxic substances.
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6.1.4 The costs, salary and expenses of the attorneys for each party in enforcing Ln
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this contract shall be considered as"attorney's fees"for the purposes of this paragraph.
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6.2 Insurance The City shall purchase and maintain in effect, at its own expense, x
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during the term of this Agreement insurance from insurers acceptable to the SBIAA protecting said
City, the SBIAA, its commissioners, officers, employees and agents, against claims for bodily E
injury,including personal injury,property damage,including loss of use thereof,which may arise or Q
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 in
City. The types of insurance coverage as well as the amounts of such coverage shall be as follows: N
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6.2.1 The City shall furnish worker's compensation and employers' liability a
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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. M
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6.2.2 The City shall provide public liability insurance coverage in the amounts of m
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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 any one accident or casualty, covering the performance of the services herein a
ordered.
6.2.3 Within ten (10) days after the acceptance of this Agreement by the SBIAA,
the City shall deliver to the SBIAA certificates of insurance evidencing that insurance has been
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purchased by the City as required in this Section 6.2.3 and copies of endorsements providing (i)
thirty(3 0)days'written notice of cancellation,non-renewal,or reduction in coverage by the insurers
to the SBIAA, and (ii) automobile liability and comprehensive general liability insurance shall
include the SBIAA, its commissioners, officials, officers, employees, and agents as additional
insureds. Said certificates of insurance and copies of endorsements shall be on file with the SBIAA E
at all times thereafter during the term of this Agreement. Failure of the City to provide the Q
certificates of insurance or subsequent receipt by the SBIAA of a notice of cancellation of the d
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insurance policy(ies) by the City's insurance company(ies) shall constitute a material breach of this
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Agreement and this Agreement may be terminated by the SBIAA upon written notice. All policies
of insurance required and provided by the City under this Section 6.2 shall include, or be endorsed g
to provide, a waiver by the insurers of any rights of subrogation that the insurers may have at any m
time against the SBIAA,its commissioners,officials,officers,employees and agents. Ln
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6.2.4 Notwithstanding the foregoing, the City may substitute a bona fide self- a
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insurance program for any of the insurance requirements indicated in this Section 6.2. The City x
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shall provide the SBIAA with evidence of excess coverage upon written request.
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6.2.5 The SBIAA shall purchase and maintain in effect,at its own expense,during Q
the term of this Agreement insurance from insurers acceptable to the City protecting said SBIAA,
the City, its commissioners, officers, employees and agents, against claims for bodily injury,
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including personal injury, property damage, including loss of use thereof, which may arise or be N
alleged to have arisen, from the SBIAA's activities in connection with the performance of this
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Agreement, whether such activities be of the SBIAA, the SBIAA's agent, or of anyone employed m
by the SBIAA. The types of insurance coverage as well as the amounts of such coverage shall be as ?
follows:
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6.2.6 The SBIAA shall furnish worker's compensation and employers' liability E
insurance as required by the laws of the State of California covering all persons employed by the
SBIAA in the performance of the duties described herein. a
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
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$5,000,000 for any one accident or casualty, covering the performance of the services herein
ordered.
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 E
purchased by the SBIAA as required in Section 6.2.7 and copies of endorsements providing (i) a
thirty(3 0)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
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the City, its commissioners, officials, officers, employees, and agents as additional insured. Said a,
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certificates of insurance and copies of endorsements shall be on file with the City at all times g
thereafter during the term of this Agreement. Failure of the SBIAA to provide the certificates of CO
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insurance or subsequent receipt by the City of a notice of cancellation of the insurance policy(ies) LO
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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 a
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required and provided by the SBIAA under this Section 6.2 shall include, or be endorsed to provide, X
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a waiver by the insurers of any rights of subrogation that the insurers may have at any time against w
the City,its commissioners,officials,officers,employees and agents. E
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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
shall provide the City with evidence of excess coverage upon written request.
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7. Miscellaneous. a
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7.1 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 M
requested,postage prepaid,to the respective parties at the addresses indicated below: N
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If to SBIAA: San Bernardino International Airport Authority
1601 East Third Street a
San Bernardino,CA 92408
Attn: Executive Director
If to City: City of San Bernardino
300 North"D" Street,Oh Floor
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San Bernardino,CA 92418
Attn: City Manager
With copies to: The City Department(s)to which the subject matter of the
particular notice pertains.
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Any party may change its address by a notice given to the other party in the manner set forth a
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.
7.2 Integration. This Agreement supersedes all prior agreements and understandings
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between the parties relating to the subject matter hereof Neither of the parties has relied upon any
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oral or written representation or oral or written information given to it by any representative of the h LO
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other party.
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7.3 Severability. If one or more of the provisions of this Agreement is hereafter w
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 E
shall not in any way affect the validity or enforceability of any other provisions of this Agreement. a
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7.4 Amendment: Modification. No change or modification of the terms or provisions
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of this Agreement shall be deemed valid unless in writing and signed by both parties subject to
governmental approval,if required.
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7.5 Governing Law. This Agreement shall be construed, interpreted and applied in "'
accordance with the laws of the State of California.
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7.6 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.
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7.7 Headings. The headings of Sections of this Agreement have been inserted for
convenience of reference and shall not affect the interpretation of any provisions of this Agreement.
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7.8 Assignment. Neither party hereto shall assign, hypothecate, or otherwise transfer
such party's rights hereunder, or delegate such party's duties hereunder, without the prior written
consent of the other party hereto.
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7.9 Renegotiation of the Agreement. The City and the SBIAA agree that needs may L
arise for which this Agreement is insufficient,and further agree that effective services are mutually
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beneficial. Therefore,any provision of this Agreement may be re-opened and renegotiated as the it
needs to resolve new issues arise. Any such revised provisions shall be finalized in writing and
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approved by the SBIAA and the City,
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IN WITNESS WHEREOF,the parties have executed this Agreement as of the date
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first above written.
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SAN BERNARDINO INTERNATIONAL
AIRPORT AUTHORITY w
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By: Date: a
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A.J. Wilson,Interim Executive Director Q
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ATTEST:
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By: �a
Clerk of the Board CITY OF SAN BERNARDINO co
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By: Date: o
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Allen J.Parker,City Manager
SEAL E
ATTEST: Approved as to Form: Q
By: `
City Clerk 6;?amrnes F.Penman, City Attorney
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