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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: August 29,2005
Subject: Resolution authorizing
execution of a Master Services
Agreement with Inland Valley
Development Agency for provision of
City services for the non-aviation portion
of Norton Air Force Base.
From: Fred Wilson, City Administrator
Dept: City Administrator's Office
MICC Meeting Date: Sept.19, 2005
Synopsis of Previous Council Action:
1998 through 2004 - Resolutions are adopted annually authorizing Master Services
Agreements by and between the Inland Valley Development Agency and the City.
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 account 001- 00-4671 by
$100,000 to reflect corresponding reimbursement.
Contact person: I;:m \^/::lOP~
Phone:
5122
Supporting data attached: SR, reso & Agmt
Ward:
FUNDING REQUIREMENTS:
Amount: Up to $231,600 reimbursement to City.
Source: (Acct. No.) 001-000-4671
(ACCt npscrirtinn) l\lnA RE'imhllr~E'mpnt
Finance:
Council Notes: ~.~. d-oo!; - 3110
Agenda Item No. ----9---
Q/I1/05
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 2005/2006.
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 terminated on June 30, 2005.
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, 2005, and
terminate on June 30, 2006. Since the term of the attached Master Services Agreement is
retroactive to July 1,2005, the resolution ratifies any action taken from that date through the date
that the Agreement is executed.
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.
. 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.
. 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 was
approved at the August 10,2005 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 and an amount not to exceed $100,000 for expedited engineering
services for a total annual reimbursement of up to $231,600.
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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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 2005/2006.
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 terminated on June 30, 2005.
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 1,2005, and
terminate on June 30, 2006.
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.
. 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.
. 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 was
approved at the August 10, 2005 meeting ofthe 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 and an amount not to exceed $100,000 for expedited engineering
services for a total annual reimbursement of up to $231,600.
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.
August 11, 2005
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San Bernardino International Airport
1990
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, August 10, 2005, the Board approved the renewal of the Master Services
Agreement (MSA) with the City of San Bernardino for Fiscal Year 2005-06 for an amount not to
exceed $231,600.00. Enclosed are three executed copies of the MSA for signature, once signed
please return two originals back to the attention of Ms. Kelly Berry, Clerk of the Board at 294 S.
Leland Norton Way, Suite 1, San Bernardino, CA 92408. A copy of the staff report is also
included.
If you have any questions, please do not hesitate to contact me at (909) 382-4100
extension 231.
Sincerely,
INLAND VALLEY DEVELOPMENT AGENCY
Alex Estrada
Director of Property Management
AE/mo
Encs
cc: Donald 1. Rogers
Penny Chua
Martin Romeo
Randy Ament
Tim Sabo, LBBS
James Funk, City of San Bernardino
1:\ WO RDDOC\2005IAlexlAugust\O I 3 L. mastersvsagr .doc
294 S. Leland Norton Way, Suite #1 . San Bernardino, CA 92408-0131 . (909) 382-4100 . FAX (909) 382-4106
email:ivda@sbdairport.com . hUp://www.sbdairport.com
A PROJECT OF THE INLAND VALLEY DEVELOPMENT AGENCY AND SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY
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RESOLUTION NO.~ <<:>> IJ2l Y
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 mE
CITY OF SAN BERNARDINO FOR PROVISION OF CITY SERVICES FOR FISCAL
YEAR 2005/2006.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
10 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
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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 2005/2006. A
copy of the Master Services Agreement is attached hereto as Exhibit "A," and incorporated
herein by reference as though fully set forth.
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SECTION 2.
The term of the Agreement is from July 1, 2005 through June 30,
2006; therefore, any action taken between July 1, 2005, and the date that this Agreement is
executed is hereby ratified.
SECTION 3. 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 200512006.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
meeting thereof, held on the
and Common Council of the City of San Bernardino at a
8 _day of
, 2005, by the following vote, to wit:
9 Council Members:
AYES
NAYS
ABSTAIN ABSENT
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ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
City Clerk
,2005.
day of
The foregoing resolution is hereby approved this
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
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, C"'2-rw-:z-..
27 ~es F. Penman
, ity Attorney
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Exhibit "A"
MASTER SERVICES AGREEMENT
This MASTER SERVICES AGREEMENT ("Agreement") is made and entered
into as of the 1st day of July, 2005, by and between the INLAND V ALLEY 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:
1. Enactment of the City
The Agency hereby engages the City to provide the police sergeant, fire, and 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 such services under this Agreement
during the term specified in Section 8.
2. Police Sergeant Services
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 or her 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 or his or her designee.
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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 to be coordinated with the Agency's Human Resources Department. The Sergeant
shall also be responsible for initiating requests for and determining which equipment and supplies
are to be used in connection with the performance 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 1,2005, 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
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include fire extinguishing 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 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 shall continue until the termination date of the Agreement, unless otherwise modified by the
Agency upon (30) days prior written notice.
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 Fireficltting. 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 including any extension and/or ratifications, thereof.
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.
4. Additional Services.
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
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herein. The Parties agree that the maximum amount of the fees for the performance of the work (as
further described herein) shall not exceed One Hundred Thousand Dollars ($100,000). This section
shall cover the period July 1,2005 through June 30, 2006.
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.
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,
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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 oflabor, 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 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.
8. Term and Termination.
This Agreement shall commence on July 1,2005, 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 June 30, 2006.
9. Indemnification and Insurance.
9.1 Indemnification.
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9.1.1 The City will accept the full responsibility for and shall defend (if requested
by Agency), indemnify and save hannless 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 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 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.
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
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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 ofthis 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:
9.2.1 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.
9.2.2 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.
9.2.3 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
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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.
9.2.4 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.
9.2.5 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
by the Agency. The types of insurance coverage as well as the amounts of such coverage shall be as
follows:
9.2.6 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.
9.2.7 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.
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9.2.8 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 9.2.7 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.
9.2.9 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.
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:
Ifto 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
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With copies to:
300 North "D" Street
San Bernardino, CA 92418
Attn: Fred Wilson, City Administrator
Rachel Clark, City Clerk
The City Departrnent(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.
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 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.
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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. 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 2005/2006
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
first above written.
INLAND V ALLEY DEVELOPMENT AGENCY
By:
Executive Director
SEAL
ATTEST:
By:
Clerk of the Board
CITY OF SAN BERNARDINO
By:
Mayor
SEAL
ATTEST:
Approved as to Form
and Legal Content:
By:
City Clerk
JAMES F. PENMAN, City Attorney
By:
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
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Meeting Date (Date Adopted): q '" {~( 07 Item #
Vote: Ayes 1 Nays
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Resolution # On Attachments: 0
Resolution #
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PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Note on Resolution of attachment stored separately: 0
/"
Date Sent to Mayor: q , cP'O " 0 \
Date of Mayor's Signature: -.9 ~ Y/ ( o(
Date ofClerk/CDC Signature: -1' lloS
Date Memo/Letter Sent for Signature:
I st Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
Animal Control
City Administrator
City Attorney
Code Compliance
Development Services
Others:
EDA
o
~/
o
o
o
rv/
~
o
o
Facilities
Finance
Fire Department
Human Resources
Reso, Log Updated: ~
Seal Impressed: 0,
Reso. # on Staff Report 6'
Not Returned: 0
Yes I No By_
-
Yes / By_
No
Yes No ./ By_
-
Yes No ./ By_
Yes No "---"' By_
Information Services
Parks & Recreation
Police Department
Public Services
Water Department
o
o
o
o
o
Notes:
/
Ready to File: '\1'
Date::} j{, It~
Revised 12/18/03