HomeMy WebLinkAbout23- 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 of Norton Air Force Base.
Date: June 8, 1998 COPY
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.
_A�iigLn.ature
Contact person: Fred Wilson Phone 5122
Supporting data attached: Yes Ward: 1
FUNDING REQ S: Amount:
Source:(Acct. No.)
(Acct Description)
Finance:—
Council Notes:
Agenda Item No.
!i ir19 7
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 AGREEMINT 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
RESOLUTION AUTHORIZING AGREEMENT WITH IVDA FOR MASTER
SERVICES AGREEMENT FOR NON-AVIATION PORTION OF NAFB.
1
2
3 I 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 — — — —
9
10 ARIAS — — — —
11 SCHNETZ — — — —
12 DEVLIN — — — —
13 ANDERSON — — — —
14 MILLER
15
16
17 City Clerk
18
The foregoing resolution is hereby approved this day of
i9 , 1998.
20
21 JUDITH VALLES, Mayor
City of San Bernardino
22 Approved as to form and
legal content:
23
24 James F. penman,
City Attorney
25 Bv:
26
27
June 8, 1998 2
28
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 seq. , 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 additional services described in Sections 2 . ,
3 . and 4 . of this Agreement, and the City hereby accepts such
engagement and agrees to provide such services under this
Agreement during the term specified in Section 8 .
2 . Police Sergeant Services
The City shall provide the services of one (1) police
sergeant ( "Sergeant") to the Agency for basic supervision and
management of the Office of Resource Protection. The City shall
be the sole employer of the Sergeant, who shall work at the
direction of the Director, or his designee, of the San Bernardino
International Airport Authority, 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 .
1
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 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 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. 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 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 which are not occupied by, or under the Air Force ' s
control, to comply with the City' s Municipal Code fire inspection
provisions as a condition of occupying the facilities .
3
3 . 3 Equipment and Supplies . The City shall provide all
necessary trucks, tools, equipment and supplies which are to be
used in connection with the performance of the fire related
services under this Agreement . Maintenance of trucks, tools,
equipment and supplies shall be performed by the City as needed.
3 .4 Compensation.
During the 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
Fire 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 response 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 documentation and will be
submitted on a monthly basis .
The Agency shall reimburse the City upon receipt of an
invoice and supporting documentation submitted by the City Finance
Department . Once appropriate invoice (s) and proper documentation
are submitted and accepted, invoices are to be paid within 30
days . If invoices are not paid within 30 days, interest will be
charged at the local Agency Investment Fund (LAIF) rate .
6 . Personnel . The City shall employ capable employees to enable
it to perform the police, fire and Additional Services . All
matters pertaining to the hiring, employment, supervision,
compensation, promotion and discharge of such employees are the
responsibility of the City, which is, in all respects, the sole
employer of such employees . The Agency shall be the sole employer
of the security officers working for the Office of Resource
Protection. The City shall 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
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 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 . Indemnification and Insurance .
9 . 1 Indemnification.
9 . 1 . 1 The City will accept the full responsibility
for and shall defend, indemnify and save harmless the Agency and
its commissioners, officials, officers, employees and agents from
all claims for all loss or damage to property, including loss of
use thereof, and injury to persons resulting from the negligent
execution or performance of this Agreement as well as for any
claims made by or on behalf of City' s agents, servants, and/or
employees arising out of their employment or work pertaining to
the operations under this Agreement; moreover, the City shall at
all times defend, indemnify and hold the Agency, its
commissioners, officials, officers, employees and agents harmless
from and against any and all liabilities, demand, claims, suits,
losses, damages, causes of action, fines, or judgments, including
costs, attorneys ' and witnesses ' fees, and expenses incident
thereto, arising out of or in connection with the execution or
performance of this Agreement or as a result of the failure by the
City to comply with all laws, ordinances or governmental
regulations applicable to the City or the conduct of the City' s
business, including, without limitation, laws, ordinances or
governmental regulations applicable to the use, storage, handling
or disposal of petroleum products, hazardous materials or waste,
or toxic substances . The City will be an independent contractor
at all times and in every respect 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
=rom and against any and all liabilities, demand, claims, suits,
losses, damages, causes of action, fines, or judgments, including
costs, attorneys ' and witnesses ' fees, and expenses incident
thereto, arising out of or in connection with the execution or
performance of this Agreement or as a result of the failure by the
Agency to comply with all laws, ordinances or governmental
regulations applicable to the Agency or the conduct of the
Agency' s business, including, without limitation, laws, ordinances
or governmental regulations applicable to the use, storage,
handling or disposal of petroleum products, hazardous materials or
waste, or toxic substances .
9 . 2 Insurance . The City shall purchase and maintain in
effect, at its own expense, during the term of this Agreement
insurance from insurers acceptable to the Agency protecting said
City, the Agency, its commissioners, officers, employees and
agents, against claims for bodily injury, including personal
injury, property damage, including loss of use thereof, which may
8
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.
9 . 2 . 3 The City shall provide public liability
insurance coverage in the amounts of not less than $10, 000, 000 for
property and $10, 000 , 000 for the death or injury of one person and
$5, 000 , 000 for any one accident or casualty, covering the
performance of the services herein ordered.
9 . 2 .4 Within ten (10) days after the acceptance of
this Agreement by the Agency, the City shall deliver to the Agency
certificates of insurance evidencing that insurance has been
purchased by the City as required in this Section 9 . 2 .4 and copies
of endorsements providing (i) thirty (30) days ' written notice of
cancellation, non-renewal, or reduction in coverage by the
insurers to the Agency, and (ii) automobile liability and
comprehensive general liability insurance shall include the
Agency, its commissioners, officials, officers, employees, and
agents 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
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, 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, 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
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.
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 Assianment . 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
worddoc/ae/may98/mstrsvc.doc
13