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HomeMy WebLinkAbout36- Administrator's Office CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION from: Fred Wilson, City Administrator Subject: Agreement with IVDA for provision of City services for non-aviation portion Dept: Administrator's Office ^O nn 77 of Norton Air Force Base. Date: June 8, 1998 Synopsis of Previous Council Action: 1/13/97 -- Resolution #97-5 approved extension of original agreement through January 31, 1997. 5/5/97 -- Resolution #97-116 approved agreement for Master Services Agreement by and between the Inland Valley Development Agency and the City through June 30, 1998. Recommended Motion: Adopt Resolution. ignature Contact person: Fred Wilson Phone 5122 Supporting data attached: Yes Ward: 1 FUNDING REQUIREMENTS: Amount: Source:(Acct. No.) (Acct Description)_ Finance: Council Notes: 6 AS-A)9- *4_3 • Agenda Item No' V 3 6 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT In February 1996, the City entered into a Master Services Agreement with the Inland Valley Development Agency (IVDA) for provision of caretaker services for the non- aviation portion of Norton Air Force Base. The current agreement extends through June 30, 1998. In order to authorize continued provision of these caretaker services, it is necessary to approve the attached Master Services Agreement which shall commence on July 1, 1998, and terminate on June 30, 1999. The provisions of this agreement include: *Services of one police sergeant for supervision and management of the Office of Resource Protection. The Sergeant will be responsible for recruiting, hiring, managing, scheduling and disciplining approximately fifty part-time security officers. The Sergeant's services shall be provided by the City on a forty-hour per week basis. The City will be compensated in the amount of $45,000 for each six- month period covered under this contract. •All fire related services including suppression, disaster response services and other services needed to ensure than an adequate level of fire protection is provided at the base. The Fire Department will be reimbursed at the rate of $708 per call for Fire Department emergency responses and $300 per call for disaster responses. •All necessary equipment and supplies, including trucks and tools used in connection with the performance of the fire related services. *Additional Services including refuse collection,landscaping,ground maintenance, sewer/storm drain maintenance, planning, engineering, street sweeping and street lighting, building approval and custodial services on an as-needed basis. The City will be reimbursed for all direct costs associated with providing these services to IVDA. Recommendation: Approve Master Services Agreement with the Inland Valley Development Agency which begins July 1, 1998 and ends June 30, 1999. RESOLUTION NO._ 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN MASTER SERVICES AGREEMENT BY AND BETWEEN THE INLAND 3 VALLEY DEVELOPMENT AGENCY AND THE CITY. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 5 CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and 7 directed to execute, on behalf of said City, a Master Services Agreement by and between 8 the Inland Valley Development Agency and the City of San Bernardino for the provision 9 10 of caretaker services for the non-aviation portion of Norton Air Force Base. 11 12 SECTION 2. This agreement is rescinded if the parties to the agreement fail to 13 execute it within sixty (60) days of the passage of this resolution. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 June 8. 1998 1 28 2 ��J RESOLLr1TON AurHORWNG AGREE NT wlrH IVDA FOR MASTER SERVICES AGREEMENT' FOR NON-AVIATION PORTION OF NAFB. 1 2 3 1 HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor 4 and Common Council of the City of San Bernardino at a meeting thereof, 5 held on the day of 1998, by the following vote, to wit: 6 Council Members AYES NAYS ABSTAIN ABSENT 7 ESTRADA 8 — — — — LIEN 10 ARIAS — — — — 11 SCHNETZ — — — — 12 DEVLIN 13 ANDERSON 14 MU-LER _ 15 16 17 City Clerk 18 The foregoing resolution is hereby approved this _day of 19 ' 1998. 20 21 JUDrM VAT I S, Mayor City of San Bernardino 22 approved as to form and legal content: 23 24 James F. Penman, City ttorney 25 26 27 June 8, 1998 2 23 MASTER SERVICES AGREEMENT This MASTER SERVICES AGREEMENT ( "Agreement" ) is made and entered into as of this 1st day of July, 1998, by and between the INLAND VALLEY DEVELOPMENT AGENCY, a public entity established pursuant to Government Code Section 6500, et sea. , 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 : THEREFORE, the Agency and the City agree as follows : 1 . Enactment of the Citv The Agency hereby engages the City to provide the police sergeant, fire, and additional services described in Sections 2 . , 3 . and ? . 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 Director, or his designee, of the San Bernardino International Airport Authoritv, 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 . I The Sergeant shall be responsible for recruiting, hiring, determining appropriate training and limited in-house training, managing, scheduling and disciplining. approximately fifty (50) mart-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 mart-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 . 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 herein and shall continue until the t=ermination 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 (e .g. , vacation or injury of the Sergeant) , the parties agree to meet to make arrangements to back- fill the position in the most cost and resource-effective manner. Beginning July 1, 1998, the Agency shall compensate the City for the Sergeant ' s services in the amount of Forty-five Thousand Dollars ($45, 000) for each six (6) month period covered by this contract . 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- 2 3 . Fire Services 3 . 1 Descriotion of Services . The City shall provide all fire related services which are required to be performed by the Agency, including without limitation, fire suppression/detection systems, disaster responses, fire protection c-perations, fire protection technical services and fire protecticn training. The City shall also provide emergency response for structural fires, paramedic and life-threatening situations, and typical fire engine response services, including without limitation, fire hazardous waste spills and medical emergencies . The aircraft rescue fir=_fighti::c response related services shall be provided by the C-,' --y twenty-four (24) hours per day, seven (7) days per week on an emergency response and stand-by basis . All other £ire 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. The services described In this Section 3 . 1 shall commence on the date set fort: hereirabove and shall continue until the termination date of the Agreement, unless otherwise modified by the Agency upon (30) days price written notice . 3 . 2 The City shall require all prospective occupants of facilities which are not cccupied by, or under the Air ?orce ' s control, to comply with the City' s Municipal Code fire inspection provisions as a condition of occupying the facilities . 3 3 . 3 Ecruinment and Sumnlies . 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 1998 Fiscal ' Year, which commences on July 1, 1998 and terminates on June 30, 1999, City Fire Services performed for or at the request of the Agency shall be charged at the following rates : Disaster Response $300/per call =ire Department Emergency Responses $708/per call Service for Two Traffic Signals on Harry Sheppard Boulevard $3 , 000/per year For those services provided to businesses and tenants located on the base, the same reimbursable rates would apply as any general public request for City emergency r=sponse concerning police fire or medical aid. 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 . 4 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 . 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 documenta tion 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 a-d 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 . 5 . 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 be entitled to negotiate with any 5 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 f unction, operation or service' in any manner. The City shall not Jr any manner coerce, intimidate, instigate, endure, sanction, suggest, conspire with, promcte, support, sponsor, engage in, condone or encourage any emp_cyee to participate in any strike, slowdown, mass resigna*_ion, -ass absenteeism or any type of concerted work stoppage . In z--e event any of the above-described actions occur, the City shall be obligated to maintain the police, ?ire and Additional Services which are the subject of this Agreement . 3 . Term and Termination. This Agreement is an amended extension of an original agreement that commenced on the 1st day of February, 1994 . This extension shall commence on July 1, 1998 and unless sooner terminated or extended by both the City and the Agency in writing 6 upon thirty (30) days prior written notice, this Agreement shall terminate on June 30, 1999 . 9 . Indemnif ication and Insurance. 9 . 1 Indemnification. 9. 1 . 1 The City will accent 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 tie 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 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 7 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 co-=action with the execution or performance of this Agreement or as a result of the failure by the Agency to comply with a'_1 laws, ordinances or governmental regulations applicable to the Agency or the conduct of the Agency' s business, including, wit.^ t 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 s:-all purchase and maintain in effect, at its own expense, durin, 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 8 5 arise or be alleged to have arisen, from the City' s activities in connection with the performance of this Agreement, whether such activities be of the City, the City' s agent, or of anyone employed by the City. The types of insurance coverage as well as the amounts of such coverage shall be as follows : 9 . 2 . 2 The City shall furnish worker' s compensation and employers ' liability insurance as required by the laws of tae 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 , 00o , o00 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 coe-es endorsements providing (i) :.airty (30) days ' write=_n notice of cancellation, non-renewal, or reduction in coverage by tae insurers to the Agency, and (ii) automobile liability and . comprehensive general liability insurance shall include the Agency, its commissioners, officials, officers, employees, and agents as additional insured. Said certificates of insurance and copies of endorsements shall be on file with the Agency at a7 I 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 9 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, nostaae prepaid, to the respective parties at the addresses indicated below: If to Agency: Inland valley -Development Agency 294 S . Leland Norton Way, Suite #1 San Bernardino, CA 92408 Attn: Executive Director If to City: City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Attn: Fred Wilson, Acting City Administrator Rachel Clark, City Clerk 10 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 mall 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 cral or written representation or oral or written information riven to it by any representative of the other party. 10 . 3 Severabilitv. If one or more of the provisions of this Agreement is hereafter declared invalid or unenforceable by judicial, legislative or administrative authority of competent jurisdiction, the parties hereto agree that the invalidity or -,nenforceability 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 :he terms or provisions of this Agreement shall be deemed valid unless in writing and signed by both parties subject to governmental approval, if required. 11 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 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. 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 renegotiated as the needs to resolve new issues arise. 12 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. INLAND VALLEY DEVELOPMENT AGENCY By: Executive Director SEAL ATTEST: By: Clerk of the Board CITY OF SAN BERNARDINO By: Mayor SEAL ATTEST: By: Secretary -, rddoc/ae/m y98/=trs c.doc 13