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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Fred Wilson, City
Administrator
Subject: Master Services Agreement
with Inland Valley Development
Agency for provision of City services
for non-aviation portion of Norton Air
Force Base.
Dept: City Administrator's Office
Date: July 19, 2004- OR1GlNAL
M/CC August 16,2004
Synopsis of Previous Council Action:
7/20/98 - Resolution #98-227 approved Master Services Agreement by and between
the Inland Valley Development Agency and the City through 6/30/99.
6/21/99 - Resolution #1999-134 approved Master Services Agreement by and between
the Inland Valley Development Agency and the City through 6/30/00.
7/10/00 - Resolution #2000-190 approved Master Services Agreement by and between
the Inland Valley Development Agency and the City through 6/30/01.
6/18/01 - Resolution #2001-154 approved Master Services Agreement by and between
the Inland Valley Development Agency and the City through 6/30/02.
7/15/02 - Resolution #2002-226 approved Master Services Agreement by and between
the Inland Valley Development Agency and the City through 6/30/03.
8/18/03 - Resolution #2003-230 approved Master Services Agreement by and between
the Inland Valley Development Agency and the City through 6/30/04.
Recommended Motion:
1. Adopt Resolution, and
2. Authorize the Director of Finance to increase account #001-183-5505 by
$100,000 for expedited engineering services, and revenue cc nt #001-000-
4671 by $100,000 to reflect corresponding reimburseme
Contact person: .Ian Wages
Phone: 5122
Supporting data attached:
Yes
Ward:
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FUNDING REQUIREMENTS: Amount:
$239,100 reimbursementto the City.
Source: (Acct. No.) 001-000-4671
(A~d nA"'~riptinn) IvnA RAimhllr"'AmAnt
\2-t~ ~200+ 2S4-
No. 9
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT: Resolution of the City of San Bernardino approving a Master Services Agreement
by and between the Inland Valley Development Agency and the City for Fiscal Year 2004/2005.
BACKGROUND: The City entered into a Master Services Agreement with Inland Valley
Development Agency (IVDA) for provision of caretaker services for the non-aviation portion of
Norton Air Force Base in February 1996. The current agreement will terminate on June 30,
2004.
In order to authorize continued provision of these caretaker services, it is necessary to approve
the attached Master Services Agreement, which shall be in effect from July 1, 2004, and
terminate on June 30, 2005.
Provisions of this agreement include:
. Services of one police sergeant for supervision and management of the Office of
Airport Security. The Sergeant will be responsible for recruiting, hiring, determining
appropriate training and limited in-house training, managing, scheduling and
disciplining approximately fifty part-time security officers. The Agency shall
compensate the City $65,800 for the Sergeant's services for each six-month period
covered by this contract. This amount represents an increase of 11.3 % over the
annual cost of providing this service to IVDA for FY 2003/2004.
. All fire related services including suppression, disaster response services and other
services needed to ensure that an adequate level of fire protection is provided at the
base.
. All necessary equipment and supplies, including trucks and tools used in connection
with the performance of the fire-related services.
. The City shall provide maintenance services for five traffic signals at a total cost of
$7,500 per year.
. Expedited engineering services through the use of a qualified engineering firm at a
cost not-to-exceed $100,000.
The attached Master Services Agreement with the Inland Valley Development Agency (IVDA)
was approved at the July 28, 2004, meeting of the IVDA Board.
FINANCIAL IMP ACT: The City shall be reimbursed at a rate of $65,800 for each six months
for the services of the Sergeant, $7,500 for traffic signal maintenance, and $100,000 for
engineering services for a total annual reimbursement of $239, 100.
RECOMMENDATION: Adopt Resolution and authorize the Director of Finance to increase
account #001-183-5505 by $100,000 for expedited engineering services, and revenue account
#001-000-4671 by $100,000 to reflect corresponding reimbursement.
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RCO)~Jf
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING A MASTER SERVICES AGREEMENT BY
AND BETWEEN THE INLAND VALLEY DEVELOPMENT AGENCY AND THE
CITY OF SAN BERNARDINO FOR PROVISION OF CITY SERVICES FOR FISCAL
YEAR 2004/2005.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
directed to execute on behalf of said City, a Master Services Agreement by and between the
Inland Valley Development Agency and the City of San Bernardino for the provision of
services for the non-aviation portion of Norton Air Force Base for Fiscal Year 2004/2005, A
copy of the Master Services Agreement is attached hereto as Exhibit "A," and incorporated
herein by reference as though fully set forth.
SECTION 2. This agreement is rescinded if the parties to the agreement fail to
execute it within one hundred twenty (120) days of the passage of this resolution,
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING A MASTER SERVICES AGREEMENT BY
AND BETWEEN THE INLAND V ALLEY DEVELOPMENT AGENCY AND THE
CITY FOR PROVISION OF CITY SERVICES FOR FISCAL YEAR 2004/2005.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held on the
_ day of
, 2004, by the following vote, to wit:
Council Members:
AYES
NAYS
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
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20 The foregoing resolution is hereby approved this
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Approved as to
Form and legal content:
ABSTAIN
ABSENT
City Clerk
day of
,2004.
Judith Valles, Mayor
City of San Bernardino
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MASTER SERVICES AGREEMENT
This MASTER SERVICES AGREEMENT ("Agreement") is made and entered
into as of the 151 day of July, 2004, by and between the INLAND VALLEY DEVELOPMENT
AGENCY, a public entity established pursuant to Government Code Section 6500, et ~., 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:
I. Enactment of the Citv
The Agency hereby engages the City to provide the police sergeant, fire, and traffic signal
o maintenance and engineering 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
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The City shall provide the services of one (I) police sergeant ("Sergeant") to the Agency for
basic supervision and management of the Office of Airport Security. The City shall be the sole
employer of the Sergeant who shall work at the direction of the Chief of Police of the City of San
Bernardino or his designee. The Chief of Police or his designee, in his sole discretion, may allow
the Sergeant to accept direction from the Executive Director of the San Bernardino International
Airport Authority or his designee, as 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 available for all emergency training exercises as directed by the Executive
Director.
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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.
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
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 (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 I, 2004, the Agency shall compensate the City for the Sergeant's services in
the amount of sixty-five thousand, eight hundred ($65,800) 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.
3. Fire Services
3.1 Description 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 operations, fire protection technical services and fire protection training, which shall
include fire extinguishing training. The City shall also provide emergency response for structural
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without limitation, fire hazardous waste spills and medical emergencies.
The aircraft rescue firefighting response related services shall be provided by the City
twenty-four (24) hours per day, seven (7) days per week on an emergency response and stand-by
basis. All other fire related services shall be provided by the City twenty-four (24) hours per day,
seven (7) days per week on an immediate basis, via 911. Non-emergency services will be 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 forth hereinabove
and shaH continue until the termination date of the Agreement, unless otherwise modified by the
Agency upon (30) days prior written notice.
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3.2 The City shall require all prospective occupants of facilities to comply with the
City's Municipal Code fire inspection provisions as a condition of occupying the facilities.
3.3 Aircraft Rescue Firefighting. Provision of apparatus, equipment and
supplies will be governed as indicated in a separate contract between City and SBIAA, adopted by
City of San Bernardino Resolution 1999-20.
3.3.1 Fire Related Services Other than Aircraft Rescue. The City shall provide
all necessary trucks, tools, equipment and supplies. Maintenance of trucks, tools, equipment and
supplies shall be performed by the City, as needed.
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4.
Additional Services.
4.1 Traffic Signal Maintenance. The City shall provide maintenance service for five
traffic signals at a total cost of$7,500.00 per year.
4.2 Engineering Services. The City agrees that it shall provide engineering services to
the Agency on an expedited basis, which may include the use of a qualified engineering firm of the
City's choice ("Engineering Firm") to provide such services, subject to payment and/or
reimbursement for the actual costs incurred by the Engineering Firm, in the manner as provided
herein. The Parties agree that the maximum amount of the fees for the performance ofthe work (as
further described herein) shall not exceed One Hundred Thousand Dollars ($100,000). At the
request of the Agency, this section shall cover the period May I, 2004 through June 30, 2005.
5. Expenses and Payment of Invoices.
Expenses arising from the provision of the police sergeant services will be invoiced per the
monthly appropriations report. A copy of the monthly appropriations report will be attached to the
invoice as supporting documentation and will be submitted on a monthly basis. Traffic signal
maintenance will be invoiced per reports of actual maintenance performed on each traffic signal as
maintained by the Development Services Department. The City shall require the Engineering Firm
to invoice the City for work performed by the Engineering Firm relative to the Engineering Scope
of Services on a monthly basis, inclusive of all costs and expenses incurred for mileage, travel,
graphics, telephone, printing, fax transmission, postage, copies and such other expenses related to
the Engineering Scope of Services, and shall be accompanied by copies of all third party invoices
for other direct costs incurred and paid by the Engineering Firm during such monthly time period.
Upon receipt of each monthly invoice from the Engineering Firm, the City shall in turn promptly
invoice the Agency for the work performed by the Engineering Firm on a monthly basis, which
invoices to the Agency shall include copies of the Engineering Firm's costs along with the City's
allocation of costs as between specific projects, in order to facilitate the Agency's billing of said
costs to Stater Bros. and/or Hillwood, or other projects, as appropriate.
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o 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.
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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 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.
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Neither the City nor its employees shall hinder, delay, limit or suspend the continuity of the
non-aviation portions ofNAFB'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.
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8.
Tenn and Tennination.
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 I, 2004, and unless sooner
tenninated or extended by both the City and the Agency in writing upon thirty (30) days prior
written notice, this Agreement shall tenninate on June 30, 2005.
9. Indemnification and Insurance.
9. I Indemnification.
9.1.1 The City will accept the full responsibility for and shall defend (if requested
by Agency), 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 perfonnance 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 hannless 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 perfonnance 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 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.
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The Agency will accept the full responsibility for and shall defend (if requested by
City), indemnify and save hannless the City and its commissioners, officials, officers, attorneys,
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 hannless 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. The costs, salary and expenses of the City Attorney and
members of his office in enforcing this contract on behalf of the City shall be considered as
"attorney's fees" for the purposes of this paragraph.
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 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 the State of California covering all persons employed by the
City in the performance of the duties described herein.
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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 anyone 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 as additional
insured. Said certificates of 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 v,Titten 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 v.ritten request.
9.2.6 The Agency shall purchase and maintain in effect, at its own expense, during
the term of this Agreement insurance from insurers acceptable to the City protecting said Agency,
the City, its commissioners, officers, employees and agents, against claims for bodily injury,
including personal injury, property damage, including loss of use thereof, which may arise or be
alleged to have arisen, from the Agency's activities in connection with the performance of this
Agreement, whether such activities be of the Agency, the Agency's agent, or of anyone employed
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o by the Agency. The types of insurance coverage as well as the amounts of such coverage shall be as
follows:
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9.2.7 The Agency shall furnish worker's compensation and employers' liability
insurance as required by the laws of the State of California covering all persons employed by the
Agency in the performance of the duties described herein.
9.2.8 The Agency 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 anyone accident or casualty, covering the performance of the services herein
ordered.
9.2.9 Within ten (10) days after the acceptance of this Agreement by the City, the
Agency shall deliver to the City certificates of insurance evidencing that insurance has been
purchased by the Agency as required in Section 9.2.8 and copies of endorsements providing (i)
thirty (30) days' written notice of cancellation, non-renewal, or reduction in coverage by the insurers
to the City, and (ii) automobile liability and comprehensive general liability insurance shall include
the City, its commissioners, officials, officers, employees, and agents as additional insured. Said
certificates of insurance and copies of endorsements shall be on file with the City at all times
thereafter during the term of this Agreement. Failure of the Agency to provide the certificates of
insurance or subsequent receipt by the City of a notice of cancellation of the insurance policy(ies)
by the Agency's insurance company(ies) shall constitute a material breach of this Agreement and
this Agreement may be terminated by the City upon written notice. All policies of insurance
required and provided by the Agency under this Section 9.2 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 City, its commissioners, officials, officers, employees and agents.
9.2.10 Notwithstanding the foregoing, the Agency may substitute a bona fide self-
insurance program for any of the insurance requirements indicated in this Section 9.2. The Agency
shall provide the City with evidence of excess coverage upon written request.
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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
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, City Administrator
Rachel Clark, City Clerk
The City Department(s) to which the subject
matter of the particular notice pertains.
With copies to:
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.
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
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o 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.
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10.7 Headings. The headings of Sections of this Agreement have been inserted for
convenience ofreference 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.
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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. Any such revised provisions shall be finalized in writing and
approved by the Agency and the City.
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MASTER SERVICES AGREEMENT WITH THE
INLAND VALLEY DEVELOPMENT AGENCY
FY 2004/2005
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
first above written.
SEAL
o A ITEST:
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SEAL
A ITEST:
By:
City Clerk
INLAND V ALLEY DEVELOPMENT AGENCY
By: Q 'J~. __
Ex:cutive Dire or
=d~
CITY OF SAN BERNARDINO
By:
Mayor
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August 2, 2004
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San Bernardino International Airport
Ms. Jan Wages
City of San Bernardino
300 North "D" Street, 6th Floor
San Bernardino, CA 92418
RE: MASTER SERVICES AGREEMENT
Dear Ms. Wages:
At the regularly scheduled Inland Valley Development Agency (IVDA) Board meeting
held on Wednesday, July 28, 2004 the Board approved the renewal of the Master Services
Agreement with the City of San Bernardino for Fiscal Year 2004-05 for an amount not to exceed
$239,100.00. Enclosed is a copy of the staff report that was presented to our Board and two
original agreements for signature, once signed please return an original back to us for our files.
Also in reference to the Engineering Services Section 4.2, I would like to make sure that
there is close monitoring of these costs, keeping in mind that these funds are for the City to
"provide engineering services to the Agency on an expedited basis."
If you have any questions, please do not hesitate to. contact me at (909) 382-4100
extension 231. Thank you.
Sincerely,
INLAND V ALLEY DEVELOPMENT AGENCY
Alex Estrada
Senior Project & Property Manager
AE/kb
Enes
ee: Donald L. Rogers
Penny Chua
Martin Romeo
Randy Ament
Tim Sabo, LBBS
James Fnnk, City of San Bernardino
294 S. Leland Norton Way, Suite #1 . San Bernardino, CA 92408-0131 . (909) 382-4100 . FAX (909) 382-4106
email:ivda@sbdairport.com . http://www.sbdairport.com
A PROJECT OF THE INLAND VALLEY DEVELOPMENT AGENCY AND SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY
TO: Inland Valley Development Agency Board
FROM: Alex Estrada, Senior Project and Property Manager
DATE: July 28, 2004
SUBJECT: APPROVE RENEWAL OF THE MASTER SERVICES AGREEMENT
WITH THE CITY OF SAN BERNARDINO FOR FISCAL YEAR 2004 - OS
FOR AN AMOUNT NOT TO EXCEED $239,100
RECOMMENDED ACTION:
Approve the renewal of the Master Services Agreement with the City of San Bernardino for
fiscal year 2004-05 in an amount not to exceed $239,100; and authorize the Interim Executive
Director or his designee to execute the Master Services Agreement.
FINANCIAL IMPACT:
This item is included in the fiscal year 2004-05 Inland Valley Development Agency (IVDA)
budget. These items were budgeted under Property Management Security under other expenses
for Traffic Signal Maintenance. The $60,000 for City Engineering Services was approved on
April 28, 2004 under a separate action (see attached staff report). It is anticipated that the net
cost to the IVDA for this Master Services Agreement will be $199,100 and the $40,000 should
be reimbursed either through Stater Bros. Markets or HillwoodlSan Bernardino, LLC.
BACKGROUND AND COMMENTS:
The IVDA first entered into a Master Services Agreement with the City of San Bernardino in
1994 for various City services such as police, fire, and traffic signal maintenance on a year-to-
year basis. The City of San Bernardino has been most cooperative in assisting the IVDA staff in
maintaining this facility in a safe and efficient manner.
Because of inflation and increases in labor costs, the City is proposing the following cost
increase: .. .
Fiscal Year
2003-04 Budget
Fiscal Year
2004-05 Budget
Net Cost Increase
to IVDA
Sergeant Services
Traffic Signal
Maintenance at
Harry Sheppard,
Mill Street and
Lena Road
$118,244.00
$ 6,000.00
$131,600.00
$ 7,500.00
$ 13,356.00
$ 1,500.00
ivda\agenda \072804\masterservicesagreerenewal.doc
ITEM NO. 14
In - House Engineering, $
Services and Review of
Independent Civil Engineers.
0.00
$100,000.00
Total
$239,100
$124,244
Staff recommends that the Board approve the above recommended action.
$60,000.00
(see attached staff
report and section 4-2
of the Mater Services
Agreement)
$ 74,856
ivda\agenda\072804\rnasterservicesagreerenewal.doc
ITEM NO. 14a
TO: Inland Valley Development Agency Board
FROM: Donald 1. Rogers, Interim Executive Director
DATE: April 28, 2004
SUBJECT: APPROVE MEMORANDUM OF UNDERSTANDING (MOU) WITH CITY
OF SAN BERNARDINO FOR REIMBURSEMENT OF ENGINEERING
SERVICES IN CONNECTION WITH INLAND VALLEY
DEVELOPMENT AGENCY (IVDA) PROJECTS IN AN AMOUNT NOT
TO EXCEED $60,000
RECOMMENDED ACTION:
Authorize the Interim Executive Director to execute an Amendment to the existing Master
Services Agreement in the form of a Memorandum of Understanding (MOU) with the City of
San Bernardino to provide expedited engineering and plan checking services for Inland Valley
Development Agency (IVDA) projects in an amount not to exceed $60,000.
FINANCIAL IMPACT:
Most of the cost will be borne by either Stater Bros. Markets or Hillwood/San Bernardino, LLC
(Hill wood). Each month the City of San Bernardino will provide a statement for services to the
IVDA. The IVDA will, in turn, invoice the developer involved. The estimated maximum cost to
the IVDA is $20,000, which will be paid from funds accumulated from prior land sale proceeds.
BACKGROUND AND COMMENTS:
The City of San Bernardino has several vacant positions in the Engineering and Planning
Departments and is experiencing a large number of applications at this time. The IVDA is
presently undertaking a number of major projects (for example, Stater Bros. Markets and a new
proposed Hillwood project) which require expedited Engineering, Planning, and Building &
Safety services from the City. To assist both the developers and the City, .IVDA staff
recommends that the IVDA enter into a Memorandum of Understanding (MOU) with the City of
San Bernardino or other suitable amendment to the existing Master Services Agreement with the
City of San Bernardino. Under this proposed arrangement, the City will provide such expedited
services for IVDA related projects. The City will use the engineering firm of the City's choice to
provide such services. Each month the engineering firm selected by the City will provide a
statement for services to the City and the City will invoice the IVDA and will provide an
allocation of costs between specific projects. The IVDA will then pass these costs on to either
Stater Bros. Markets or Hillwood when appropriate.
Staff recommends that the Board approve the above recommended action.
ivda\agenda\042804\MOU _ Eng Services,doc
(g@~W ITEM NO. 8
FIRST AMENDMENT TO MASTER SERVICES AGREEMENT
This FIRST AMENDMENT ("Amendment") to that certain MASTER SERVICES
AGREEMENT dated as of the 1st day of July, 2003 ("Agreement") is made and entered into as
of the 28th day of April, 2004, by and between the INLAND V ALLEY DEVELOPMENT
AGENCY, a public entity established pursuant to Government Code Section 6500, et seQ., for
the joint exercise of powers ("Agency") and the CITY OF SAN BERNARDINO, a charter city
under the laws and Constitution of State of California ("City"), with reference to the following
facts:
WHEREAS, the Agency is presently engaged in a number of major projects within the
boundaries of the City, including, but not limited to, Stater Bros. and a new proposed project of
HillwoodlSan Bernardino, LLC ("Hillwood") (Stater Bros. and Hillwood may be referred to
collectively as the "Developers"), which projects of the Developers require expedited
engineering services from the City; and
WHEREAS, the Agreement provides for the engagement of City by the Agency for
certain specified purposes; and
WHEREAS, in order to expedite the provision of engineering services from the City and
to maximize the resources of the Parties, as well as to assist the Developers in furtherance of
their respective projects, it is the intent of the Parties to amend the Agreement to include such
engineering services, which services may be provided through a qualified engineering firm to be
selected by the City for such projects as required by the Agency, the costs of which will be borne
by the respective Developers, as appropriate.
NOW THEREFORE the Agency and the City agree as follows:
1. The Recitals set forth above are true and correct and are hereby incorporated into
this Amendment by this reference, as though fully set forth herein.
2. The Agency and the City acknowledge and agree that as of the date of approval
by the Agency of this Amendment the Agreement is in full force and effect. Except as hereby
amended by this Amendment, the Agreement is in all respects ratified and confirmed and all the
terms and provisions and conditions thereof shall be and remain in full force and effect.
3. Section I of the Agreement is hereby amended with respect to the following:
"Enactment of the Citv
The Agency hereby engages the City to provide, or procure, the police sergeant, fire,
traffic signal maintenance and engineering services described in Sections 2, 3 and 4 of this
Agreement, and the City hereby accepts such engagement and agrees to provide or procure such
services under this Agreement during the term specified in Section 8."
4815-6038-5024.1
1
4. Section 4 of the Agreement is hereby amended with respect to the following:
"Additional Services.
4.1 Traffic Signal Maintenance. The City shall provide maintenance service for two
traffic signals on Harry Sheppard Boulevard, one traffic signal at Mill Street and Tippecanoe
Avenue, and one traffic signal at Mill Street and Lena Road at a total cost of $6,000.00 per year.
4.2 Engineering Services. The City agrees that it shall provide engineering services
to the Agency on an expedited basis, which may include the use of a qualified engineering firm
of the City's choice ("Engineering Firm") to provide such services, subject to payment and/or
reimbursement for the actual costs incurred by the Engineering Firm, in the manner as provided
herein. The Parties agree that the maximum amount of the fees for the performance of the work
(as further described herein) shall not exceed Sixty Thousand Dollars ($60,000)."
5. Section 5 of the Agreement is hereby amended with respect to the following:
"Expenses and Payment of Invoices.
Expenses arising from the provision of the police sergeant services will be invoiced per
the monthly appropriations report. A copy of the monthly appropriations report will be attached
to the invoice as supporting documentation and will be submitted on a monthly basis. Traffic
signal maintenance will be invoiced per reports of actual maintenance performed on each traffic
signal as maintained by the Development Services Department. The City shall require the
Engineering Firm to invoice the City for work performed by the Engineering Firm relative to the
Engineering Scope of Services on a monthly basis, inclusive of all costs and expenses incurred
for mileage, travel, graphics, telephone, printing, fax transmission, postage, copies and such
other expenses related to the Engineering Scope of Services, and shall be accompanied by copies
of all third party invoices for other direct costs incurred and paid by the Engineering Firm during
such monthly time period. Upon receipt of each monthly invoice from the Engineering Firm, the
City shall in turn promptly invoice the Agency for the work performed by the Engineering Firm
on a monthly basis, which invoices to the Agency shall include copies of the Engineering Firm's
costs along with the City's allocation of costs as between specific projects, in order to facilitate
the Agency's billing of said costs to Stater Bros. and/or Hillwood, as appropriate.
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 thirty (30) days.
If invoices are not paid within 30 days, interest will be charged at the local Agency Investment
Fund (LAW) rate."
4815-6038-5024.1
2
6. Section 6 ofthe Agreement is hereby amended with respect to the following:
"Term and Termination.
This Agreement is an amended extension of an original agreement that commenced on
the I st day of February, 1994. This extension shall commence on May I, 2004, and 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 May 1,2005."
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first
above written.
By:
CITY
City of San Bern
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By:
Mayor
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By:
~iry~ ~
Co-Chair
?i-c:<B -O.y
Date:
S-;(7-ClY
4815-6038-5024.1
3
OFFICE OF THE CITY CLERK
RAcHEL G. CLARK, C.M.C.. CITY CLERK
300 North "D" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.cLsan-bernardino.ca.us
SM
August 19, 2004
Alex Estrada
Senior Project & Property Manager
Inland Valley Development Agency
294 S. Leland Norton Way, Suite #1
San Bernardino, CA 92408
Dear Mr. Daniels,
Enclosed please find one fully executed original Master Services Agreement between the Inland
Valley Development Agency and the City of San Bernardino for provision of City services for
Fiscal Year 2004/2005.
If you have any questions, please do not hesitate to call me at (909)384-5002.
Sincerely,
(/)1 Ie (~ th
Michelle Taylor
Senior Secretary
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Enclosure
CITY OF SAN BERNARDINO