HomeMy WebLinkAbout11- City Administrator CITY OF SAN BERho4RDINO — REQUEST k—JR COUNCIL ACTION
From: Fred Wilson Subject: City/IVDA Caretaker Agreement for
Dept: Assistant City Administrator Norton Air Force Base
Date: March 15 , 1994
Synopsis of Previous Council action:
Recommended motion:
Adopt resolution.
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Signature
Contact person: Fred Wilson Phone: 5122
Supporting data attached: yes Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
-(Acct. Description)
Finance:
Council Notes:
75-0262 Agenda Item No.
CITY OF SAN BERIK ,RDINO - REQUEST JR COUNCIL ACTION
STAFF REPORT
The IVDA will be assuming a caretaker role for the non-aviation
portions of Norton Air Force Base effective April 1994 . In order
to assist IVDA in meeting its obligations under a caretaker
agreement, the City has been working with IVDA in the development
of a Master Services Agreement. This agreement will provide for
the terms and conditions under which certain City services will be
provided to IVDA as it relates to the caretaker agreement.
It is anticipated that the following City services will be provided
to IVDA under the caretaker agreement:
POLICE One Police Sergeant for supervision and management of the
Office of Resource Protection. The Sergeant will be
responsible for recruiting and managing approximately 50
part time security officers. The Sergeant services will
be provided on a 40 hour/week basis. The City will be
compensated in the amount of $82 , 000/year by IVDA for
this service.
FIRE Fire suppression services, disaster response services and
other necessary fire service operations which are needed
to ensure that an adequate level of fire protection is
provided at the base.
The emergency disaster response services will be provided
on a 24 hour/day, 7 day/week basis.
The City Fire Department will be reimbursed at the rate
of $708/call for the duration of the contract. Each time
a 9-1-1 call is placed from the non-aviation portion of
NAFB and a fire unit responds, the City will be
reimbursed $708 per call. In addition, the Fire
Department will also be reimbursed for certain fire
inspections, training activities, fire protection
operations and other activities as defined in the
agreement.
OTHER
SERVICES Services such as refuse collection, sewer/storm drain
maintenance, planning, engineering, street sweeping, and
street lighting will be provided on an as needed basis.
It is anticipated that the IVDA will not be requesting
City services on a routine basis; rather they intend to
use these services only during emergencies or during
periods when contract services are not available. The
City will be reimbursed for all direct costs associated
with providing these services to IVDA.
The term of the contract will be from the date of Council approval
and will expire on December 31, 1995.
75-0264
1 RESOLUTION NO.
2
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN
3 MASTER SERVICES AGREEMENT BY AND BETWEEN THE INLAND VALLEY
DEVELOPMENT AGENCY AND THE CITY.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is hereby
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authorized and directed to execute, on behalf of said City, a
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Master Services Agreement by and between the Inland Valle
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Development Agency and the City of San Bernardino for the provision
10 of caretaker services for the non-aviation portion of Norton Air
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Force Base.
12 SECTION 2 . This agreement is rescinded if the parties to the
13 agreement fail to execute it within sixty (60) days of the passage
14 of this resolution.
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I HEREBY CERTIFY that the foregoing resolution was duly
16 adopted by the Mayor and Common Council of the City of San
17 Bernardino at a meeting thereof, held on the day
18 of , 1994 , by the following vote, to wit:
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Councilmembers AYES NAYS ABSTAIN ABSENT
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NEGRETE
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CURLIN
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HERNANDEZ
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OBERHELMAN
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DEVLIN
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POPE-LUDLAM
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MILLER
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RESOLUTION T °ROVING MASTER SERVICES AC EMENT FOR NAFB
CARETAKER Sh_.JICES.
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City Clerk
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4 The foregoing resolution is hereby approved this day of
1994 .
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6 Tom Minor, Mayor
City of San Bernardino
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Approved as to form
8 and legal content:
9 JAMES F. PENMAN
City Attorney
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By: y
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t
MASTER SERVICES AGREEMENT
This MASTER SERVICES AGREEMENT ("Agreement") is made and entered
into as of this 1st day of February, 1994, by and between the INLAND VALLEY
DEVELOPMENT AGENCY, a public entity established pursuant to Government Code
Section 6500, gt =., for the joint exercise of powers ("Agency") and the CITY OF SAN
BERNARDINO, a charter city under the laws and Constitution of the State of California
("City"), with reference to the following facts:
A. The Agency is the caretaker of the non-aviation portions of Norton Air
Force Base ("NAFB") under that certain Basic Caretaker Cooperation Agreement ("Caretaker
Agreement") by and between the Agency and the United States of America, represented by the
United States Air Force Base Conversion Agency ("Air Force").
B. In order to assist the Agency with its obligations to the Air Force under
the Caretaker Agreement, the City is willing to provide the police, fire and additional services
as more fully described hereunder, upon the terms and subject to the conditions in this
Agreement.
THEREFORE, the Agency and the City agree as follows:
1. Engagement of the City.
The Agency hereby engages the City to provide the police sergeant, fire, and additional
services described in Sections 2., 3. and 4. of this Agreement, and the City hereby accepts such
engagement and agrees to provide such services under this Agreement during the term specified
in Section 8.
2. Police Sergeant Services.
The City shall provide the services of one (1) police sergeant ("Sergeant") to the Agency
for basic supervision and management of the Office of Resource Protection. The City shall be
the sole employer of the Sergeant, who shall work at the direction of the Agency's Caretaker
Manager, so long as such direction is not inconsistent with all relevant federal, state and local
laws and all relevant rules and regulations of the City Police Department.
The Sergeant shall be responsible for recruiting, hiring, determining appropriate training
and limited in-house training, managing, scheduling and disciplining approximately fifty (50)
part-time security officers. The Sergeant shall also be responsible for initiating requests for and
determining which equipment and supplies are to be used in connection with the performance
of his and the part-time security officers' services. The City shall provide an automobile for use
by the Sergeant in connection with the performance of his services under this Agreement.
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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 date set forth hereinabove and shall
continue until the termination date of the Agreement, unless otherwise modified by the Agency
upon thirty (30) days prior written notice. Both parties understand and accept the importance
of having coverage of the Sergeant's position and agree that it is in their mutual interest that the
position not be vacant for long periods of time. Therefore, when a situation becomes apparent
that will result in a lengthy vacancy in that position (eg., vacation or injury of the Sergeant), the
parties agree to meet to make arrangements to back-fill the position in the most cost and
resource-effective manner.
The Agency shall compensate the City for the Sergeant's services in the amount of
Flighty-Two Thousand Dollars ($82,000)per year, at the rate of Forty-One Dollars ($41.00)per
hour.
The Agency shall provide additional compensation for the Sergeant's overtime services
at the rate of Forty-Two Dollars and Thirty Cents ($42.30) per hour. Pre-approval of the
Agency shall be obtained for overtime, except in exigent circumstances where pre-approval is
impracticable.
It is understood that the City's police personnel may not have authority to respond in a
Federal jurisdiction, and shall respond only in these areas in which they have authority.
3. Eire Service
3,1 Description of Serxieeg.
The City shall provide all fire related services which are required to be performed by the
Agency under Appendix No. 1 andatha nical i s to the Caretaker Agreement, including
without limitations fire suppression/detection systems, disaster responses, fire protection
operations, fire protection technical services and fire protection training. The City shall also
provide emergency response for structural Fires, paramedic and life-threatening situations, and
typical fire engine response services, including without limitation, fire hazardous waste spills and
medical emergencies.
To avoid any conflict of interest, the City's Fire Department shall not be directly
responsible for the maintenance of "Fire Suppression/Detection System" as described in
paragraphs 5.4.10.1 and 5.9.3 of Appendix No. 1 to the Caretaker Agreement. The Fire
Department will identify to the Agency those systems needing maintenance. The Agency will
in turn contract for such maintenance with a qualified vendor.
The emergency and disaster response related services shall be provided by the City
twenty-four (24) hours per day, seven (7) days per week on an emergency response basis. All
other fire related services shall be provided by the City twenty-four (24) hours per day, seven
(7) days per week on a call-in basis upon reasonable notice from the Agency.
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The services described in this Section 3.1 shall commence on the date set forth
hereinabove and shall continue until the termination date of the Agreement, unless otherwise
modified by the Agency upon thirty (30) days prior written notice.
3.2 Excess Inspection Costs. Under no circumstances shall the Agency be liable
for the costs of inspecting the Fire Detection and Suppression Systems contained in the Level
I, II, III and IV facilities which exceed the sums to be paid by the Agency to the City for such
purpose under Section 3.4.
The Agency shall advise the occupants of such facilities in the event excess
inspection costs may arise. With respect to facilities which are occupied by, or under the Air
Force's control, the Air Force shall either: (i) pay for excess inspection costs in the event the
Air Force desires that the necessary level of inspection be performed; or (ii)provide the Agency
with written notice that the Air Force does not desire the necessary level of inspection to be
performed.
The City shall require all prospective occupants of facilities which are not
occupied by, or under the Air Force's control, to comply with the City's Municipal Code fire
inspection provisions as a condition of occupying the facilities.
3.3 Equipment and Supplies. The City shall provide all necessary trucks, tools,
equipment and supplies which are to be used in connection with the performance of the fire
related services under this Agreement. Maintenance of trucks, tools, equipment and supplies
shall be performed by the City as needed.
3.4. Compensation.
During the 1994 Fiscal Year, which commenced on February 1, 1994 and terminates on
September 30, 1994, the Agency shall compensate the City according to the negotiated budget
set forth in Appendix 3 to the Caretaker Agreement ("Negotiated Budget") and based upon the
hourly rates set forth in the Caretaker Proposal dated August 10, 1993 ("Caretaker Proposal")
as follows:
Fire Suppression/Detection Systems $18,700
Disaster Response $300
Fire Department Protection Operations $42,400
Fire Department Protection Technical Services $17,000
Fire Department Protection Training $11,600
Fire Department Emergency Responses $708/per call
During the 1995 Fiscal Year, which commences on October 1, 1994 and terminates on
September 30, 1995, the Agency shall compensate the City according to the Negotiated Budget
and based upon the hourly rates set forth in the Caretaker Proposal as follows:
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Fire Suppression/Detection Systems $24,000
Disaster Response $800
Fire Department Protection Operations $77,600
Fire Department Protection Technical Services $34,000
Fire Department Protection Training $0
Fire Department Emergency Responses $708/per call
During the period which commences on October 1, 1995 through the termination of this
Agreement, the Agency's compensation to the City for the services described in this Section 3.4
shall be based upon the negotiated budget(s), if any, between the Agency and the Air Force for
the applicable time period(s).
4. Additional Services.
The City shall provide additional services to the Agency, including without limitation,
trash pickup, landscaping, ground maintenance, sewer and storm drain maintenance, planning,
engineering, street sweeping, street lighting, building approval and custodial services
("Additional Services") on an as-needed basis.
The Agency shall notify the City forty-eight (48) hours in advance of the operation
necessitating the Additional Services. The City shall make reasonable efforts to provide the
Additional Services as requested if circumstances necessitate less than forty-eight (48) hours
advance notice. The Additional Services described in this Section 4 shall commence on the dates
set forth hereinabove and shall continue until the termination date of the Agreement, unless
otherwise modified by the Agency upon thirty (30) days prior written notice. The Agency shall
compensate the City for such Additional Services in accordance with the minimum compensation
the City is required to pay pursuant to the Caretaker Proposal.
5. Expenses and Payment of Invoices. Expenses arising from the provision of the police
sergeant, fire and Additional Services will be invoiced per the monthly appropriations report for
each department. A copy of the monthly appropriations report will be attached to the invoice
as supporting documentation and will be submitted on a monthly basis.
The Agency shall reimburse the City upon receipt of an invoice and supporting
documentation submitted by the City Finance Department. Once appropriate invoice(s) and
proper documentation are submitted and accepted, invoices are to be paid within 30 days. If
invoices are not paid within 30 days, interest will be charged at the Local Agency Investment
Fund (LAIF) rate.
6. Personnel. The City shall employ capable employees to enable it to perform the police,
fire and Additional Services. All matters pertaining to the hiring, employment, supervision,
compensation, promotion and discharge of such employees are the responsibility of the City,
which is, in all respects, the sole employer of such employees. The Agency shall be the sole
employer of the security officers working for the Office of Resource Protection. The City shall
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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 Agency, collective bargaining agreements or
labor contracts resulting therefrom. The City shall comply with all applicable laws and
regulations with regard to worker's compensation, social security, unemployment insurance,
hours of labor, wages, working conditions, and other employer-employee related subjects. The
Agency may request that any person employed by the City to perform police, fire and Additional
Services no longer be permitted to perform such services. Such request of the Agency to the
City shall be made in writing and shall specify the reasons therefor.
7. Maintenance of Services.
Neither the City nor its employees shall hinder, delay, limit or suspend the continuity of
the non-aviation portions of NAFB's function, operation or service in any manner. The City
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 City shall be obligated to maintain the
police, fire and Additional Services which are the subject of this Agreement.
8. Term and Termination.
This Agreement shall commence on the 1st day of February, 1994. Unless sooner
terminated or extended by both the City and the Agency in writing upon thirty (30) days prior
written notice, this Agreement shall terminate on December 31, 1995.
9. Indemnification and Insurance.
9.1 Indemnification.
9.1.1 The City will accept the full responsibility for and shall defend, indemnify
and save harmless the Agency 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 City's agents, servants, and/or employees arising out of
their employment or work pertaining to the operations under this Agreement; moreover, the City
shall at all times defend, indemnify and hold the Agency, its commissioners, officials, officers,
employees and agents harmless from and against any and all liabilities, demand, claims, suits,
losses, damages, causes of action, fines, or judgments, including costs, attorneys' and witnesses'
fees, and expenses incident thereto, arising out of or in connection with the execution or
performance of this Agreement or as a result of the failure by the City to comply with all laws,
ordinances or governmental regulations applicable to the City or the conduct of the City's
business, including, without limitation, laws, ordinances or governmental regulations applicable
to the use, storage, handling or disposal of petroleum products, hazardous materials or waste,
or toxic substances. The City will be an independent contractor at all times and in every respect
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and not the agent of the Agency. Nothing contained herein and no direction or notification from
the Agency or the Executive Director, to the City shall be construed so as to create a
partnership, joint venture or agency relationship between the parties hereto.
The Agency will accept the full responsibility for and shall defend, indemnify and
save harmless the City 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 Agency's agents, servants, and/or employees arising out of
their employment or work pertaining to the operations under this Agreement; moreover, the
Agency shall at all times defend, indemnify and hold the City, its commissioners, officials,
officers, employees and agents harmless from and against any and all liabilities, demand, claims,
suits, losses, damages, causes of action, fines, or judgments, including costs, attorneys' and
witnesses' fees, and expenses incident thereto, arising out of or in connection with the execution
or performance of this Agreement or as a result of the failure by the Agency to comply with all
laws, ordinances or governmental regulations applicable to the Agency or the conduct of the
Agency's business, including, without limitation, laws, ordinances or governmental regulations
applicable to the use, storage, handling or disposal of petroleum products, hazardous materials
or waste, or toxic substances.
9.2 Insurance. The City shall purchase and maintain in effect, at its own
expense, during the term of this Agreement insurance from insurers acceptable to the Agency
protecting said City, the Agency, its commissioners, officers, employees and agents, against
claims for bodily injury, including personal injury, property damage, including loss of use
thereof, which may arise or be alleged to have arisen, from the City's activities in connection
with the performance of this Agreement, whether such activities be of the City, the City's agent,
or of any one employed by the City. The types of insurance coverage as well as the amounts
of such coverage shall be as follows:
9.2.2 The City 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 City in the performance of the duties described herein.
9.2.3 The City shall provide public liability insurance coverage in the amounts
of not less than $10,000,000 for property and $10,000,000 for the death or injury of one person
and $5,000,000 for any one accident or casualty, covering the performance of the services herein
ordered.
9.2.4 Within ten (10)days after the acceptance of this Agreement by the Agency,
the City shall deliver to the Agency certificates of insurance evidencing that insurance has been
purchased by the City as required in this Section 9.2.4 and copies of endorsements providing
(i) thirty (30) days' written notice of cancellation, non-renewal, or reduction in coverage by the
insurers to the Agency, and (ii) automobile liability and comprehensive general liability
insurance shall include the Agency, its commissioners, officials, officers, employees, and agents
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as additional insured. Said certificates and insurance and copies of endorsements shall be on file
with the Agency at all times thereafter during the term of this Agreement. Failure of the City
to provide the certificates of insurance or subsequent receipt by the Agency of a notice of
cancellation of the insurance policy(ies) by the City's insurance company(ies) shall constitute a
material breach of this Agreement and this Agreement may be terminated by the Agency upon
written notice. All policies of insurance required and provided by the City under this Section
8.2 shall include, or be endorsed to provide, a waiver by the insurers of any rights of
subrogation that the insurers may have at any time against the Agency, its commissioners,
officials, officers, employees and agents.
9.2.5 Notwithstanding the foregoing, the City may substitute a bona fide self-
insurance program for any of the insurance requirements indicated in this Section 9.2. The City
shall provide the Agency with evidence of excess coverage upon written request.
10. Miscellaneous.
10.1 Notices. Any and all notices required or permitted to be given hereunder shall
be in writing and shall be personally delivered or mailed by certified or registered mail, return
receipt requested, postage prepaid, to the respective parties at the addresses indicated below:
If to Agency: Inland Valley Development Agency
201 North "E" Street, 2nd Floor - Suite 203
San Bernardino, CA 92401-1507
Attn: William L. Bopf, Executive Director
If to City: City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Attn: Shauna Clark, City Administrator
Rachel Clark, City Clerk
With copies to: The City Department(s) to which the subject matter of the
particular notice pertains.
Any party may change its address by a notice given to the other party in the manner set
forth above. Any notice given personally shall be deemed to have been given upon service and
any notice given by certified or registered mail shall be deemed to have been given on the third
(3rd) business day after such notice is mailed.
10.2 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.
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10.3 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.
10.4 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.
10.5 Governing Law. This Agreement shall be construed, interpreted and applied in
accordance with the laws of the State of California.
10.6 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.
10.7 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.
10.8 Assi ng ment. 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.
10.9 Renegotiation of the Agreement . The City and the Agency agree that needs may
arise for which this Agreement is insufficient, and further agree that effective services are
mutually beneficial. Therefore, any provision of this Agreement may be re-opened and re-
negotiated as the needs to resolve new issues arise.
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MAP 15 '94 09:41AM P.2
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first above written.
INLAND VALLEY DEVELOPMENT AGENCY
By:
Title:
SEAL
ATTEST:
By:
Title:
CITY OF SAN BERNARDINO
By:
Mayor
SEAL
ATTEST:
By:
Secretary
cs80\00 Z0L"%211
312194 11;00
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