HomeMy WebLinkAbout13- Administrative i
CITY OF SAN BERNAR`- y111110 - REQUEST FOR :OUNCIL ACTION
From: Fred Wilson, Asst . City Subject: Agreement with San Bernardino
Administrator International Airport Authority
Dept: Administrative Commission to provide Aircraft
Rescue & Firefighting Services
Date: September 30, 1993
Synopsis of Previous Council action:
None .
Recommended motion:
Adopt Resolution .
1410 0 L
Signature
Contact person: Fred Wilson, Assistant City Admin. Phone: 5122
Supporting data attached: Yes Ward: 1
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262 Agenda Item No. 13
'CITY OF SAN BERNARVJPO - REQUEST FOR"NCIL LION
STAFF REPORT
At the meeting of the San Bernardino International Airport
Authority Commission, held May 5, 1993 , the Commission authorized
staff to develop an RFP to solicit proposals for Interim Aircraft
Rescue and Fire Fighting services to be utilized on an on-call
basis. The RFP was sent to each of the Authority's member
jurisdictions and only one response was received, which was from
the City of San Bernardino Fire Department. Our proposal was
reviewed by the Operations Committee and negotiations were
subsequently conducted in accordance with the Committee's
instructions.
The RFP sought part-time fire protection at the airport in the
field of aircraft crash rescue. Part-time services will be
provided with adequate pre-notification by the Airport Authority.
The personnel will be off duty and on a voluntary basis.
The Airport Authority has an obligation to provide fire protection
during aircraft movements by the tenant at the airport (Lockheed) .
Also, fire protection will be required when requests are made by
airlines or others to land or use the airfield.
The City will be reimbursed by the Airport Authority commensurate
with the current overtime policy and applicable Memorandum of
Understanding. The-Airport Authority will be invoiced on a monthly
basis with a 10% administrative fee.
The Fire Department has a staff of twenty two (22) trained and
certified personnel in the field of aircraft crash rescue. The
specialized Fire Department trucks and equipment will be provided
and cared for by the Airport Authority. It should be noted that
this is an interim agreement for crash rescue services. A more
permanent solution to these services will be developed by the
Airport Authority depending on the ultimate use of the airport.
Services will begin as soon as possible after the contract signing.
The first tentatively scheduled flight will be a Boeing 747 on
October 12 , 1993 . Under the terms of the agreement, for any
incoming flight the Fire Department will be notified 48 hours in
advance. Fire Department personnel will be called in on overtime
and respond directly to the airport using the existing equipment
which was provided by the Air Force for a minimum of four (4) hours
in duration. It time permits, training on the specialized
equipment and the airport will also take place during the four (4)
hours of overtime. It is anticipated that requests for this
service will be made one to three times per month and as airline
scheduled flights begin, the requests may increase.
75-0264
0 0
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
3 SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY FOR AIRCRAFT RESCUE
AND FIREFIGHTING SERVICES.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute, on behalf of said City,
8 an Agreement with the San Bernardino International Airport
9 Authority for aircraft rescue and firefighting services, a copy of
10 which is attached hereto marked Exhibit "A" and incorporated
11 herein by reference as fully as though set forth at length.
12 SECTION 2. The authorization to execute the above
13 referenced agreement is rescinded if the parties to the agreement
14 fail to execute it within sixty ( 60) days of the passage of this
15 resolution.
16
17
18
19
20
21
22
23
24
25
26
27
28
RJM:ms[firefigh.res] 1
0
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
2 SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY FOR AIRCRAFT RESCUE
AND FIREFIGHTING SERVICES.
3
4
I HEREBY CERTIFY that the foregoing resolution was duly
5
adopted by the Mayor and Common Council of the City of San
6
Bernardino at a meeting thereof, held on the
7
day of 1993, by the following vote, to wit:
8
Council Members: AYES NAYS ABSTAIN ABSENT
9
NEGRETE
10 CURLIN
11 HERNANDEZ
12 OBERHELMAN
13 DEVLIN
14 POPE-LUDLAM
15 MILLER
16
17
18 City Clerk
19 The foregoing resolution is hereby approved this day
20 of 1993.
21 TOM MINOR, Mayor
22 City of San Bernardino
23 Approved as to
form and legal content:
24 JAMES F. PENMAN,
25 City Attorney
26 By:
27
28
RJM:ms[firefigh.res] 2
B
A
IIY,hibit "A"
SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY
AGREEMENT NO. 06
AGREEMENT FOR AIRCRAFT RESCUE AND
FIREFIGHTING SERVICES
This AGREEMENT FOR AIRCRAFT RESCUE AND FIRE FIGHTING
SERVICES (this "Agreement") is made and entered into as of this _ day of
1993, by and between the SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY,
a public entity established pursuant to Government Code Section 6500, !:1 =q., for the joint
exercise of powers ("Authority") and the CITY OF SAN BERNARDINO, a charter city and i
the laws and Constitution of the State of California ("Contractor"), with reference to the
following facts:
A. The Authority is the operator of the SAN BERNARDINO
INTERNATIONAL AIRPORT (the "Airport") which shall be maintained as a public airport.
The Airport may be required to furnish Aircraft Rescue and Fire Fighting ("ARFF") at the
request of companies utilizing the Airport, or as a condition of holding a Federal Aviation
Administration ("FAA") operating certificate should the Authority be required to secure a
certificate to serve scheduled or non-scheduled passenger flights. Federal Aviation Regulation
("FAR") Part 139 specifies ARFF requirements for various levels of flight activity. The
Authority seeks a contractor to meet the FAA requirements, or to meet less stringent needs of
other operators using the Airport. The Authority seeks such ARFF coverage on a call-in (as
needed) basis.
data\sbiaa\agmts\agmt-06 Page l
- -
tE
B. The Authority will have available from the Air Force only two (2) ARFF
vehicles which will provide an Index B under FAR Part 139. Additional ARFF vehicles may be
purchased by the Authority as part of its capital improvements program and as conditions
warrant.
C. Contractor is willing to provide ARFF Services (as hereinafter defined)
which will comply with the ARFF Standards (as hereinafter defined) upon the terms and subject
to the conditions in this Agreement.
THEREFORE, the parties agree as follows:
1_. Engagement of Contractor.
The Authority hereby engages Contractor to provide the ARFF Services described in
Section 2 of this Agreement for the Airport, and Contractor hereby accepts such engagement and
agrees to provide the ARFF Services and to perform Contractor's obligations under this
Agreement during the term specified in Section 5.1. Contractor acknowledges that the Authority
may be contractually obligated to provide Airport access and services to air carriers, and that air
carrier or some other operations may not be conducted at the Airport unless the ARFF Services
are provided by Contractor. Accordingly, Contractor shall maintain its personnel and adequate
backup capability sufficient to assure the availability of ARFF Services as specified in this
Agreement.
data\sbiaa\agmts\agmt-06 Page 2
11FEL _
4
2. ARFF Services.
2.1 Description of Services. Contractor shall provide all ARFF services necessary to
comply with the ARFF standards to enable compliance by the Authority with an Index B under
FAR Part 139 ("ARFF Standards"), including, without limitation, the services described in
Exhibit "A" attached hereto and made a part hereof or such lesser level of services as may be
requested by the Authority pursuant to Section 2.3 (the "ARFF Services").
2.2 Call-in Services. The ARFF Services shall be provided by Contractor twenty-four
(24) hours per day, seven (7) days per week on a call-in basis. The Authority shall notify the
Contractor a minimum of forty-eight (48) hours in advance of the operation necessitating the
Contractor's services. Actual notification may be in substantially less time and may include
emergency notification and Contractor will make reasonable efforts to provide the ARFF
Services as requested if circumstances necessitate less than forty-eight(48)hours advance notice.
Typical operations will require the presence of ARFF personnel for four (4) hours or less.
The Contractor will be entitled to compensation for a minimum of four (4) hours on each call-in,
and will be required to have each required firefighter at the Airport for the entire four (4) hour
period. The Authority shall also compensate the Contractor for up to four (4) hours of Battalion
Chief time if a Battalion Chief is required to be present at the Airport or, if the presence of the
Battalion Chief is not required at the Airport but a Battalion Chief is required to perform services
at their normal office location in support of this Agreement, the actual hours of service which
were provided for each call-in.
data\sbiaa\agmts\agmt-06 Page 3
During the required stand-by time, firefighters will be utilized to meet FAR Part 139.317
(Vehicle Readiness) to ensure that the ARFF vehicles and systems are operationally capable of
performing the function required, including minor maintenance. Stand-by time will also be used
for continuing education and training to meet the requirements of FAR Part 139.319 (Operational
Requirements). Airport management may request Contractor to assign other related duties and
activities to Contractor personnel to be completed during stand-by time as may be necessary to
ensure the continued provision of ARFF Services.
At the request of Airport management to the Contractor and with the consent of
individual firefighters, a firefighter may elect not to remain on duty for the entire four (4) hour
shift if his/her services are no longer needed. A firefighter who does not remain on duty the
entire four (4) hours shall be compensated only for time actually worked and will waive his/her
entitlement to the four (4) hour minimum payment but shall be entitled to a two (2) hour
minimum or any other minimum payments required under any then applicable Memorandum of
Understanding between the Contractor and any firefighter bargaining unit ("MOU"). Subject to
Authority request, the firefighter's concurrence not to remain on duty for the entire four (4) hours
is completely voluntary, and the Authority will be required to keep the firefighter on duty for
four (4) hours if he/she does not request an early release. The Authority is under no obligation to
allow- the individual firefighter to leave prior to the completion of the four(4) hour minimum.
Unforeseen circumstances may delay the completion of an anticipated aircraft operation
and the Contractor may be required to maintain an ARFF presence until the operation is
completed. Compensation for such additional hours beyond the four (4) hour minimum shall be
for the actual hours such firefighters are on duty at the Airport. If such an extended presence
results in the calling in of a second shift, the Authority shall be obligated to pay for such
data\sbiaa\agmts\agmt-06 Page 4
---_v 1W
..�i
minimum hours as the Contractor is obligated to pay to such firefighters pursuant to any
applicable MOU.
3
i
t
2.3 Personnel. Contractor shall employ capable employees to enable it to perform the
ARFF Services. The Contractor has designated firefighter position classes of Firefighter,
Engineer, Captain and Battalion Chief with compensation rates which vary for each position;
said compensation rates are detailed in Section 3 of this Agreement. For Index A and B (as
defined in Federal Air Regulations Part 139. Contractor shall be required to supply three
firefighters of the following classes: one(1) Captain, one(1)Engineer and one(1)Firefighter.
The Authority shall determine the composition of crews as may be required to meet other
indices, but in any case the composition shall include at least the three (3) positions necessary to
meet Index A or B with at least one (1) Engineer or Captain per ARFF vehicle. The composition
of ARFF crews supplying ARFF coverage for operations not within the requirements of Federal
Air Regulations Part 139 (including ferry or cargo flights) shall be at the sole discretion of the
Authority, and will not necessarily be the same size and composition as crews used to supply
coverage for similar sized aircraft which are within the requirements of FAR Part 139. In
situations where less than three (3) positions are utilized, the most skilled positions shall be
retained.
All matters pertaining to the hiring, employment, supervision, compensation, promotion
and discharge of such employees are the responsibility of Contractor, which is, in all respects, the
sole employer of such employees. Contractor shall be entitled to negotiate with any union
lawfully entitled to represent such employees and may execute in its own name, and not as agent
for the Authority, collective bargaining agreements or labor contracts resulting therefrom.
Contractor shall comply with all applicable laws and regulations with regard to worker's
data\sbiaa\agmts\agmt-06 Page 5
compensation, social security, unemployment insurance, hours of labor, wages, working
conditions, and other employer-employee related subjects. The Authority may request that any
a
t
person employed by Contractor to perform ARFF Services no longer be permitted to perform
such services. Such request of the Authority to the Contractor shall be made in writing and shall
specify the reasons therefor.
2.4 Equipment and Supplies. The Authority shall provide a fire station on or in the
vicinity of the Airport and ARFF trucks, tools, equipment and supplies sufficient to meet the _
ARFF Standards, including, without limitation, such trucks, tools, equipment and supplies in
addition to such other items as may be acknowledged in writing from time-to-time by and
between authorized representatives of both the Authority and the Contractor. All Contractor
personnel shall furnish their own turn-out gear as provided in Exhibit "A", Section V.F., and the
Authority shall be responsible for providing at its sole cost and expense any proximity suits or
other specialized fire fighting equipment deemed necessary by the Authority to maintain the
Authority required level of ARFF Services. Contractor shall have no authorization to purchase
tools, equipment or supplies required to perform the ARFF Services unless the Contractor
receives written permission from the Authority to purchase said items. Contractor shall notify
the Authority from time to time in writing, of the type and quantity of tools, equipment and
supplies required for the performance of ARFF Services. The Authority shall make the final
decision as to the necessity of such items, and deliver in a timely manner and at the Authority's
expense, the tools, equipment and supplies it agrees are necessary for the Contractor to perform
the ARFF Services. Contractor shall have the right to use and consume the tools, equipment and
supplies in the performance of the ARFF Services, provided that Contractor acknowledges and
understands that the Authority shall at all times be the owner of the tools, equipment and
supplies. Use of consumable supplies for training purposes (including, but not limited to, fire
fighting agents) shall require prior written permission from the Authority. Contractor shall at all
data\sbiaa\agmts\agmt-06 Page 6
times store and maintain the tools, equipment and supplies in good operating condition, normal
wear and tear excepted. The Authority shall have the right to inspect the tools, equipment and
supplies at any time without notice. Upon the expiration or termination of this Agreement,
Contractor shall deliver to the Authority all of the tools, equipment and supplies in Contractor's
possession as of the date of such expiration or termination. All tools, supplies, vehicles and
equipment shall remain on the Airport property (within the bounds of Airport controlled land)
unless the Contractor either (i) receives prior written permission from the Authority to remove
said tools, supplies, vehicles or equipment from the Airport or a such removal is determined
necessary by the Contractor for repair or testing purposes or to maintain the operational status of
such tools, supplies, vehicles or equipment or (iii) to provide ARFF Services outside the Airport
property.
2.5 Expansion of Services. At the discretion of the Authority, the Authority shall
have the right to expand Contractor ARFF Services to provide such services on a regular daily
basis upon the same terms and conditions as herein set forth including compensation on an
hourly basis and any overtime which may be required pursuant to State or federal law or any
MOU. The Authority shall bear the expense of the initial training in accordance with Section 4.2
of this Agreement for such additional firefighters which, upon mutual agreement of the Authority
and the Contractor, will be needed to support the expansion of services. Hours of daily ARFF
Services shall be established by the Authority at the time of expansion with the concurrence of
the Contractor. The Authority shall give Contractor at least sixty (60) days' prior written notice
of any option to expand and shall have the right to extend the term on a month-to-month basis for
a period of time mutually acceptable to both the Authority and the Contractor; provided,
however, that the requirement for at least sixty (60) days' prior written notice may be waived by
the mutual consent of authorized representatives of the Authority and Contractor.
data\sbiaa\agmts\agmt-06 Page 7
2.6 Short Notice-, Emergeea .,y Services.
2.6.1 Short Notice, If Contractor is unable to have a crew in place in the manner as
provided in Section 2.2 prior to a landing due to insufficient notice by the Authority, Contractor
shall respond with on-duty personnel and shall use best efforts to obtain ARFF trained personnel
to respond under such circumstances. Compensation to Contractor for the use of such personnel
as required to provide the requested response, whether on-duty or off-duty personnel, shall be
equal to the costs necessary to reimburse Contractor for providing the ARFF Services on such
short notice.
2.6.2 Additional Personnel. Upon appropriate notification by the Authority and in the
event that an inbound aircraft with an immediate problem is in need of landing, or in the event of
an actual aircraft crash on Airport property, the-Contractor may call in additional personnel.
Such additional personnel may be off-duty personnel or on-duty personnel, depending upon the
urgency of the situation as determined by Contractor. If possible, Contractor shall consult with
the Airport Manager or his or her designee before calling in such additional personnel; provided,
that the decision whether to call in such on-duty or off-duty personnel shall be made solely by
Contractor. Compensation to Contractor for the use of such additional personnel under
emergency situations shall be equal to the costs necessary to reimburse Contractor for providing
such emergency services; provided, however, that Contractor shall not be reimbursed for the
initial two (2) hours for on-duty firefighters who provide such services.
2.6.3 Non-ARFF Services. It is understood that nothing in this Agreement requires the
Authority to compensate Contractor for performing firefighting services on the Airport property
where such Services are unrelated to ARFF Services. Similarly, it is understood that nothing in
data\sbiaa\agmts\agmt-06 Page 8
Q
this Agreement purports to confer jurisdiction upon Contractor to furnish firefighting services on
Airport property where such services are unrelated to ARFF Services.
2.7 Maintenance of Airport Vehicles. Minor maintenance of ARFF trucks, tools,
equipment and supplies shall be performed by the Contractor while on stand-by duty as needed.
The level of repair will be basic and will not include major adjustments or part replacement. If,
in the opinion of the Authority, the amount of stand-by time is not sufficient to perform basic
cleaning and repair of ARFF equipment, the Authority shall have at its option the ability to
request some number of Contractor personnel to test the equipment .end to perform basic
maintenance on an as-needed basis. Contractor may at its option designate either maintenance
personnel who are then on-duty to perform such maintenance functions or call-in off-duty
maintenance personnel on an over-time basis or perform such maintenance on an over-time basis
with on-duty maintenance personnel. Contractor shall be compensated at the applicable rate or
rates as set forth in Section 3.
Contractor shall make available a scheduled maintenance program for the ARFF vehicles
that would include oil changes and moderate repairs not requiring specialized training or tools
that are not otherwise available at the Contractor's shop. Maintenance services to be provided by
Contractor shall be identified in the Preventative Maintenance Program to be jointly developed
by the Authority and the Contractor. Compensation for such services shall be at the hourly rates
for each designated position class involved in the maintenance activities as identified in Section 3
of this Agreement. For the provision of maintenance services, the Authority shall pay the
Contractor the hourly rate or rates as set forth in Section 3 and the minimum compensation as the
Contractor is required to pay pursuant to any then applicable MOU.
data\sbiaa\agmts\agmt-06 Page 9
2.8 Maintenance of Airport Services. Neither Contractor nor its employees shall
hinder, delay, limit or suspend the continuity of the Airport's function, operation or service in any
manner that would invalidate the Airport Operating Certificate. The Contractor shall not in any
manner coerce, intimidate, instigate, endure, sanction, suggest, conspire with, promote, support,
sponsor, engage in, condone or encourage any employee to participate in any strike, slowdown,
mass resignation, mass absenteeism or any type of concerted work stoppage. In the event any of
the above-described actions occur, the Contractor shall be obligated to maintain ARFF Services
which are the subject of this Agreement.
3. .oC mpensation.
3.1 Amount. The Authority shall compensate Contractor according to the following
per hour schedule:
Fire Fighter $24.70
Engineer $27.80
Captain $31.42
Battalion Chiefl $27.07
Mechanic II 1 $19.11
Mechanic Ill $26.59
Supervisor Mechanic 1 $25.25
Supervisor Mechanicl $37.10
Such rates shall include all direct and indirect costs and shall be subject to revision with
or without prior notice to the Authority as of the effective date of any adjustments to firefighter's
' Straight time rate
' Overtime rate
data\sbiaa\agents\agmt-06 Page 10
Ak
Q
salaries made pursuant to Section 186 of the San Bernardino City Charter. A ten percent (10%)
administrative charge shall be added to each bill and payable to the City of San Bernardino.
3
d
i
3.2 Payment. The Contractor shall invoice the Authority on a monthly basis for each
operation which shall include the date of each operation and the position and hours of each
individual utilized for that operation and for ARFF vehicle maintenance services. The Authority
shall pay the Contractor within thirty (30) days of the receipt of the invoice. No other
compensation shall be payable to the Contractor except for maintenance services as specified in
Section 2.7 of this Agreement and for initial training and familiarization as specified in Section
4.2 of this Agreement.
4. Training Expenses
4.1 Contractor Expenses The Contractor shall at its own expense ensure that each
individual utilized in performance of this Agreement is trained to FAR Part 139 standards for
ARFF in each of the areas listed below:
4.1.1 General Aircraft Familiarization (including hazards, power plants,
extrication and egress procedures).
4.1.2 Rescue and firefighting personnel safety.
4,1.3 Emergency communications systems.
4.1.4 Use of hoses, nozzles, turrets and appliances.
data\sbiaa\agmts\agmt-O6 Page 11
_ Q p
4.1.5 Emergency aircraft evacuation assistance.
4.1.6 Fire fighting operations.
1
a
4.1.7 Adapting and using structural rescue and fire fighting equipment for
aircraft rescue and fire fighting.
4.1.8 Aircraft cargo hazards.
4.1.9 Forty hours of first aid training as required by FAR Part 139.319(4).
4.2 Authority Expense. The Authority shall compensate Contractor for initial training
sessions covering the following areas:
4.2.1 Aircraft Familiarization (specific aircraft serving.the Airport).
4.2.3 Airport Familiarization.
4.2.3 Familiarization with firefighter duties under Airport plans and procedures.
4.2.4 Use of Authority fire fighting vehicles.
The training sponsored by the Authority is estimated to take eight (8) hours: four (4)
hours for drivers' training and four (4) hours for lecture. Contractor shall submit to the Authority
a list of its personnel it seeks to be provided with the initial training. The Authority shall have
data\sbiaa\agmts\agmt-06 Page 12
Q
the right to review the list in advance of the training and may respond to the Contractor with any
comments or concerns with regard to said list.
The Authority will pay the hourly rates listed in Section 3.1 of this Agreement as required
for Contractor's personnel to attend these sessions. The Authority will allow the Contractor to
train additional personnel, at the sole cost and expense of the Contractor.
After the initial training it shall be the Contractor's responsibility to ensure that any
individual subsequently utilized in the performance of ARFF Services pursuant to this-
Agreement receives said initial training, at the sole cost and expense of the Contractor.
4.3 Ongoing Training. The Authority shall maintain a supply of books and training
materials which the Contractor may use as part of ongoing training program for Contractor
personnel.
The Authority shall pay the hourly rates as listed in Section 3.1 of this Agreement for any
employee requiring live fire drill training during the term of this Agreement but only if the
Authority becomes subject to FAR Part 139 which requires such live fire drill training. The
Authority will not pay any expenses associated with this training exercise other than the hourly
wage and materials charges provided that such training can occur either on the Airport or at a
location that does not require travel outside Southern California and does not involve overnight
accommodations. If any such training facility is located such as to require travel and room and
board, the Authority shall also reimburse Contractor all such costs as may be incurred to
accomplish such training.
5. Term and Termination.
data\sbiaa\agmts\agmt-06 Page 13
J
5.1 I=. This Agreement is for a call-in service, and is thus subject to termination
by the Authority with thirty days (30) advance written notice. In consideration of the training
costs assumed by the Authority, the Contractor will be required to provide three (3) months'
notice of the intent of the Contractor to terminate this Agreement.
6. Indemnification and Insurance.
6.1 Inds ni�im.
6.1.1 The Contractor will accept the full responsibility for and shall defend,
indemnify and save harmless the Authority and its commissioners, officials, officers, employees
and agents from all claims for all loss or damage to property, including loss of use thereof, and
injury to persons resulting from the negligent execution or performance of this Agreement as
well as for any claims made by or on behalf of Contractor's agents, servants, and/or employees
arising out of their employment or work pertaining to the operations under this Agreement;
moreover, Contractor shall at all times defend, indemnify and hold the Authority, its
commissioners, officials, officers, employees and agents harmless from and against any and all
liabilities, demand, claims, suits, losses, damages, causes of action, fines, or judgments,
including costs, attorneys' and witnesses' fees, and expenses incident thereto, arising out of or in
connection with the execution or performance of this Agreement or as a result of the failure by
Contractor to comply with all laws, ordinances or governmental regulations applicable to
Contractor or the conduct of Contractor'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. Contractor will be an
independent contractor at all times an d in every respect and not the agent of the Authority.
data\s b i as\agm is\agmt-06
Page 14
Nothing contained herein and no direction or notification from the Authority or the Airport
Director, to Contractor shall be construed so as to create a partnership, joint venture or agency
relationship between the parties hereto.
i
The Authority will accept the full responsibility for and shall defend, indemnify
and save harmless the Contractor and its commissioners, officials, officers,employees and agents
from all claims for all loss or damage to property, including loss of use thereof, and injury to
persons resulting from the negligent execution or performance of this Agreement as well as-for
any claims made by or on behalf of the Authority's agents, servants, and/or employees arising o> ;
of their employment or work pertaining to the operations under this Agreement; moreover, the
Authority shall at all times defend, indemnify and hold the Contractor, its commissioners,
officials, officers, employees and agents harmless from and against any and all liabilities,
demand, claims, suits, losses, damages, causes of action, fines, or judgments, including costs,
attorneys' and witnesses' fees, and expenses incident thereto, arising out of or in connection with
the execution or performance of this Agreement or as a result of the failure by the Authority to
comply with all laws, ordinances or governmental regulations applicable to the Authority or the
conduct of the Authority'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.
6.2 Insurance. The Contractor shall purchase and maintain in effect, at its own
expense, during the term of this Agreement insurance from insurers acceptable to the Authority
protecting said Contractor, the Airport, the Authority, 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 Contractor's activities in
connection with the performance of this Agreement, whether such activities be of Contractor,
data\sbiaa\agmts\agmt-06 Page 15
4
Contractor's agent, or of any one employed by Contractor. The types of insurance coverage as
well as the amounts of such coverage shall be as follows:
6.2.2 Contractor shall furnish workmen's compensation and employers' liability
insurance as required by the laws of the State of California covering all persons employed by the
Contractor in the performance of the duties described herein.
6.2.3 Contractor shall provide public liability insurance coverage in the amwmtx,
of not less than $1,000,000 for P roperty and $1,000,000 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
ordered.
6.2.4 Within ten (10) days after the acceptance of this Agreement by the
Authority, Contractor shall deliver to the Authority certificates of insurance evidencing that
insurance has been purchased by Contractor as required in this Section 6.2.4 and copies of
endorsements providing (i) thirty (30) days' written notice of cancellation, non-renewal, or
reduction in coverage by the insurers to the Authority, and (ii) automobile liability and
comprehensive general liability insurance shall include the Authority, its commissioners,
officials, officers, employees, and agents as additional insured. Said certificates and insurance
and copies of endorsements shall be on file with the Authority at all times thereafter during the
term of this Agreement. Failure of the Contractor to provide the certificates of insurance or
subsequent receipt by the Authority of a notice of cancellation of the insurance policy(ies) by the
Contractor's insurance company(ies) shall constitute a material breach of this Agreement and this
Agreement may be terminated by the Authority upon written notice. All policies of insurance
required and provided by Contractor under this Section 6.2 shall include, or be endorsed to
data\sbiaa\agmts\agmt-06 Page 16
provide, a waiver by the insurers of any rights of subrogation that the insurers may have at any
time against the Authority, its commissioners,officials, officers,employees and agents.
6.2.5 Notwithstanding the foregoing, Contractor may substitute a bona fide self-
insurance program for any of the insurance requirements indicated in this Section 6.2. Contractor
shall provide Authority with evidence of excess coverage upon written request.
7. FAA Rte,,;*Pments Ynd Nondiscrimination.
Contractor shall perform or comply with the provisions of Exhibit "B" as and to the
extent such provisions may be applicable to performance by the Contractor pursuant to this
Agreement. Such provisions are required by the Federal Aviation Administration to be included
as part of all Airport leases and agreements and which are hereby incorporated herein by this
reference as though set forth in full.
8. Miscellaneous.
8.1 Notice . 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 Authority: San Bernardino International Airport Authority
201 North "E" Street, 2nd Floor
San Bernardino, CA 92401
Attn: Jo Lynn Bogner
data\sbiaa\agmts\agmt-06
Page 17
If to Contractor. San Bernardino City Fire Department
200 East 3rd Street
San Bernardino, CA 92401
Attn: Chief William Wright
1
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.
8.2 Integratio . 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 except that the Authority has relied upon the written proposal furnished to the
Authority by Contractor.
8.3 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
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.
8.4 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.
data\sbiaa\agmts\agmt-06 Page 18
-�
8.5 Governing Law. This Agreement shall be construed, interpreted and applied in
accordance with the laws of the State of California.
8.6 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.
8.7 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.
8.8 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.
data\sbiaa\agmts\agmt-06 Page 19
IN WITNESS-WHEREOF, the parties have executed this Agreement as of the
date first above written.
SAN BERNARDINO INTERNATIONAL
AIRPORT AUTHORITY
By:
Title:
SEAL
ATTEST:
By:
Title:
CITY OF SAN BERNARDINO
By:
Mayor
SEAL
ATTEST:
Bv:
Secretary
Page 20
data\sb iaa\agmts\agent-06
EXMBIT "A"
Description of ARFF Services
7
I. Hours of Operation:
The Contractor shall supply qualified personnel on a call-in basis who shall be available to
provide ARFF Services twenty-four(24)hours a day, seven(7)days per week.
II. Personnel Requirements:
A. Contractor employee qualifications will be based upon the customay standard
employment practices applicable to the Contractor and as may be furl*qqa i54, _
by federal or State law and any then existing MOU. All such employees wfia'a*=
to perform duties pursuant to the Agreement shall have attended all necessary
training sessions and evaluation courses that will enable such employees to meet
the requirements of FAR Part 107.11(f).
B. The duties of the Caption, Engineer and Firefighter shall be those as are permitted
by applicable federal and State laws and by any MOU and as may be required for
the Contractor to provide the ARFF Services in accordance with the ARFF
Standards as contemplated by the Agreement.
III. Independent Contractor:
The Contractor will be an independent Contractor in every respect and not an agent of the
Authority. The Contractor will be the sole employer of its personnel and will accept full
responsibility for all lost or damaged property and injury to persons resulting from the
execution of the Agreement as well as for any claims made by or on behalf of the
Contractor's agents, servants and employees arising out of their employment or work
pertaining to the operations under the Agreement for any negligence or any willful or
intentional misconduct of its employees.
IV. Authority Provided Equipment:
The Authority will make available to the Contractor the trucks, tools, equipment and
supplies described in Exhibit "B" attached hereto, and as further modified by Section 2.4
of the Agreement.
A - 1
AL M_
V. Additional Contractor Responsibilities:
A. The Contractor shall develop reporting forms as may be requested by the
Authority. For example: training records, log books and other records relating to
ARFF Services. The reports shall include all accidents, incidents, safety
inspections and any safety violation related to ARFF occurring at the Airport. The
Contractor shall ensure that proper log entries are made and the reports are
submitted as required to the Authority.
B. All personnel shall be employees of Contractor, and Contractor shall pay all
salaries, social security taxes, federal and state unemployment insurance and ark€
and all other taxes relating to such employees.
C. The Authority reserves the right at all times to inspect and audit the Contracto =r
records and performance hereunder.
D. All radios installed in the Airport apparatus and buildings shall be used only in
accordance with rules and regulations issued by the FAA, the Federal
Communications Commission and the Executive Director of the Authority.
E. Consumption of alcoholic beverages by Contractor personnel during the
performance of their duties is prohibited and use of such beverages during duty
hours shall cause the removal from assignment to provide ARFF Services for any
such Contractor personnel. Use of mood altering chemicals such as barbiturates,
narcotics, amphetamines, hallucinogens and marijuana shall also be grounds for
such removal from assignment. The only exception to this policy shall be when
taking a prescribed dosage of a chemical substance while under the care of a
physician, provided such medication does not impair the employee's ability to
perform ARFF Services and the employee has notified his immediate supervisor.
F. Personnel must comply with the following minimum standards for dress:
1. Contractor's employees shall wear uniforms and maintain a high standard
of appearance so as to identify the profession, and the individual in a
positive and professional manner.
2. The uniform will be provided to ARFF personnel by Contractor.
. A minimum acceptable uniform shall consist of:
a. Standard City of San Bernardino Fire Department Class B
Uniform;
A - 2
0 � {
b. Fire fighting turnout gear as provided by the Contractor; and
C. Airport security/identification badges as shall be furnished by the
Authority.
j
G. Contractor and its personnel are specifically prohibited from issuing or making
any public statements related to an incident to media except when requested and
directed to do so by the Executive Director.
H. While on duty, the Contractor shall respond to ARFF emergencies which occur on A
the Airport premises property, including, but not limited to the following:
1. Crash/fires involving any aircraft within the Airport boundary.
2. Fire occurring in any hangar within the Air Operations Area (within the
security fence).
3. The Terminal Building.
4. Aviation fuel spillage.
1. Contractor shall periodically inspect the Airport premises for fire or hazard
.potential in accordance with FAR Part 139.321(B) and recommend corrective
action whenever necessary.
J. The Contractor shall store and control all necessary materials required to
satisfactorily perform the duties and tasks identified.
K. The Contractor shall inspect and test all equipment at least one (1) hour prior to
the scheduled time of each routine operation to determine whether the equipment
is adequate and in working order to support the intended operations. Contractor
will report any difficulties with equipment to the Authority. If equipment is not
adequate to support the operation, Contractor will immediately contact Authority
management. A representative of the Authority shall be on call twenty-four (24)
hours per day.
L. The Contractor shall perform other miscellaneous duties and tasks as directed by
the Authority provided they are not of a nature that will result in additional costs
over and above those expressly identified in the Contract.
A - 3
A
M. All licenses and permits applicable to the conduct of the Agreement shall be
procured and paid for by the Contractor at its sole expense.
N. The Contractor shall perform under the Agreement in accordance with the highest
standards and shall observe and comply with any and all requirements of the duly
constituted public authorities and with all federal, State or local statutes,
ordinances, regulations, and standards including, but not limited to, rules and
regulations promulgated from time to time by the Authority applicable to the
Contractor and the operation of the Airport.
O. Contractor shall furnish for use of its personnel such safety clothing and
equipment as is normally utilized in fighting structural fires in the course of its
regular fire fighting functions. The Authority shall provide all specialized
clothing and equipment required for the Contractor to perform the ARFF Service_
as specified in Section 2.4 of the Agreement.
P. Contractor may be asked to develop and implement a quarterly fuel handlers
inspection program in compliance with FAR Part 139.321(d). It is intended that
Contractor will serve as an independent organization as outlined in FAR Part
139.321(d) and thus will utilize best efforts-to obtain any and all necessary
approvals from the FAA to be considered as an "independent organization."
Q.. Contractor may be asked develop and implement a fire training program for all
fueling personnel in accordance with FAR 139.321(b)(6).
VI. Training Requirements:
A. Contractor shall develop an on-going, continuous classroom training program
conducted during the call-in period wherein precise records are maintained as to
what classroom training has transpired, course materials used, hours, dates, and
attendance records. Such records shall be maintained for each individual and
made available to the Authority.
B. Recurrent training to update fundamental knowledge of fire fighting procedures
shall be provided by the Captain during each call-in shift. This will involve not
only additional classroom activities but on-site training.
C. A comprehensive driver-qualification training program will be implemented to
ensure safe operation of vehicles and vehicular mounted equipment. This training
will initially be provided by the Authority prior to the first operation. Any
A - 4
training of employees after the initial training session will be provided by the
Contractor.
a
A - 5
-- ..-..__W. AOL,. Emu -- ••-
EXHIBIT "B"
FAA Requirements and Non-Discrimination
1. Non-Discrimination Provisions.
1.1 Contractor for itself, its successors in interest, and assigns, as a part of
the consideration hereof, does hereby covenant and agree that in the event facilities are
constructed, maintained or otherwise operated on the said property described in this Agreement
for a purpose for which a United States Department of Transportation program or activity is
extended or for another purpose involving the provision of similar services or benefits; .
Contractor shall maintain and operate such facilities and services in compliance with afi other
requirements imposed pursuant to Title 49, Code of Federal Regulations, i
Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Faal - <
Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civ :Lp'l`-
Rights Act of 1964, and as said Regulations may be amended.
1.2 Contractor for itself, its successors in interest, and assigns, as part of-
the consideration hereof, does hereby covenant and agree that (1) no person on the grounds of
race, color, or national origin shall be excluded from participation, denied the benefits of, or be
otherwise subjected to discrimination in the use of said facilities, (2) that in the construction'of
any improvements on, over, or under such land and the furnishing of services thereon, no person
on the grounds of race, color, or national origin shall be excluded from participation in, denied
the benefits of, or otherwise be subjected to discrimination, (3) that Contractor shall use the
premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of
Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-
Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be
amended.
1.3 That in the event of breach of any of the above non-discrimination
covenants, the Authority shall have the right to terminate this Agreement. This provision does
not become effective until the procedures of 49 CFR Part 21 are followed and completed
including expiration of appeal rights.
1.4 Contractor shall furnish its accommodations and/or services on the
premises on a fair, equal and not unjustly discriminatory basis to all users thereof and it shall
charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided
that Contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates or
other similar type of price reductions to volume purchasers.
B - 1
0
1.5 Noncompliance with Section 1.4 above shall constitute a material
breach hereof and in the event of such noncompliance the Authority shall have the right to
terminate this Agreement without liability therefor or at the election of the Authority or the
United States,either or both shall have the right to judicially enforce Section 1.4.
1.6 Contractor assures that it will undertake an affirmative action program
as required by 41 CFR, Part 152, Subpart E,to ensure that no person shall,on the ground of race,
creed, color, national origin, or sex be excluded from participating in any employment activities
covered in said regulations and order. Contractor also assures no person shall be excluded on
these grounds from participating in or receiving the services or benefits of any program or
activity covered by this subpart and that it will require that its covered sub organizati ons provich;
assurance to the Authority that they similarly will undertake affirmative action programs and that
they will require assurances from their sub organizations, as required by said regulations and
order, to the same effect.` -
1.7 Contractor agrees that it shall insert the above six(6)provisions in aty 4
lease agreement or contract by which Contractor grants a right or privilege to any person, firm or
corporation to render accommodations and/or services to the public under this Agreement.
2. FAA_Requirements.
2.1 The Authority reserves the right-to further develop or improve the
landing area as it sees fit, regardless of the desires or view of Contractor and without interference
or hindrance.
2.2 The Authority reserves the right, but shall not be obligated to
Contractor, to maintain and keep in repair the landing area of the Airport and all publicly-owned
facilities of the Airport, together with the right to direct and control all activities of Contractor in
this regard.
2.3 This Agreement shall be subordinate to the provisions and
requirements of any existing or future agreements between the Authority and the United States,
relative to the development, operation or maintenance of the Airport.
2.4 Contractor agrees to comply with the notification and review
requirements covered in Part 77 of the Federal Aviation Regulations in the event any future
structure or building is planned for the Airport, or in the event of any planned modification or
alteration of any present or future building or structure situated on the Airport.
2.5 Contractor by accepting this Agreement expressly agrees for itself, its
successors and assigns that it will not erect nor permit the erection of any structure or object, nor
permit the growth of any tree on the premises used by Contractor which would interfere with
B - 2
of aircraft at the airport. In the event the
approaches, navigation, or the safe and efficient landing
to enter upon the premises t
the Authority reserves the right
aforesaid covenants are breached, structure or object and cut the
used by Contractor hereunder and to reexoense of the Contractor,
offending tree, all of which shall be at the p
nt agrees for itself,its successors
2.6 Contractor by accepting this use Agreement
in any manner which
and assigns that it will not make use of the premises used by rt or otherwise constitute
interfere with the landing and taking off of aircraft hfrae Authority reserves the right to
might
a hazard. In the event the aforesaid covenant is Brea
remises used by Contractor and cause the abatement of such interference at the
enter upon the p `
expense of Contractor.
' understood and agreed that nothing herein contained shall be
2.7 It is t within the meaning of Section
construed to grant or authorize the granting of an exclusive right
308 of the Federal Aviation Act.
9 This Agreement and all the provisions hereof shall be subject to
2 or in the future may have or acquire, ,
t the United States Go%errunent now has, ort, or the exclusive or I
whatever right over of said Airp
affecting the control, operation, regulation and taking the time of war or national
non=exclusive use of the Airport, b\ the United States during
emergency.
B - 3