2010/07/13 City Council Resolution 2010-74RESOLUTION NO. 2010-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AN AGREEMENT FOR BOMB DISPOSAL
SERVICES WITH UNIVERSITY OF CALIFORNIA, BERKELEY
WHEREAS, the City of Rohnert Park requires the professional services of technicians
who are experienced in bomb disposal services;
WHEREAS, the University of California, Berkeley (U.C. Berkeley) has the necessary
experience in providing these professional services and has affirmed its willingness and ability to
perform such work; and
WHEREAS, U.C. Berkeley's pay -as- you -go model driven by actual use of the service
and response time is more cost effective than either the flat annual fee or per incident fee options
offered by the Sonoma County Sheriff's Office.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve an agreement by and between the University of
California, Berkeley and the City of Rohnert Park, a municipal corporation for bomb disposal
services.
BE IT FURTHER RESOLVED that the Interim City Manager is hereby authorized and
directed to execute this agreement in substantially similar form to the attached agreement for and
on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 13th day of July, 2010.
ATTEST:
% A --
City
CITY OF ROHNERT PARK
BELFORTE: AYE BREEZE: ABSENT CALLINAN: ABSENT MACKENZIE: AYE STAFFORD: AYE
AYES: (3) NOES: (0) ABSENT: (2) ABSTAIN: (0)
AGREEMENT FOR BOMB DISPOSAL SERVICES
(University of California, Berkeley)
THIS AGREEMENT is made and entered into as of the day of
2010, by and between the City of Rohnert Park, a municipal corporation .of the State of California
( "City ") and the University of California, Berkeley ( "University ") (collectively, the "Parties ").
RECITALS
City requires the professional services of technicians who are experienced in bomb disposal
services. University has the necessary experience in providing these professional services and has
affirmed its willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained
herein, the Parties agree as follows:
1. Scope of Work; Standard of Quality. City retains University to perform, and University agrees
to render, bomb disposal services utilizing technicians from the University Police Department Bomb
Team in accordance with the terms and conditions set forth in this Agreement (the "Services ").
Absent extenuating circumstances, the University shall respond to the City no later than 2 hours (2)
from City's request. City relies upon the professional ability of the University Police Department
Bomb Team as a material inducement to entering into this Agreement. All work performed by
University under this Agreement shall be in accordance with all applicable legal requirements and
shall meet the standard of quality ordinarily to be expected of competent professionals in the
University Police Department Bomb Team's field of expertise.
2. Term. Unless earlier terminated, this Agreement will be effective from July_, 2010 through
June 30, 2013.
3. Compensation and Method of Pavment.
A. Compensation. The compensation to be paid to University shall be at the hourly rate of
One Hundred Fifteen Dollars ($115.00) per hour per technician. Additionally, charges will be
assessed for two (2) bomb technicians for a minimum of five (5) hours. However, in no event shall
the amount City pays University during the term of this agreement exceed a cumulative total of Ten
Thousand Dollars ($10,000.00). Payment by City under this Agreement shall not be deemed a
waiver of unsatisfactory work, even if such unsatisfactory work was known to the City at the time of
payment.
B. Timing of Payment. Payment(s) will be tied to completion of tasks so that all payments
are proportional to the work completed, in accordance with the rate and schedules set forth in Section
3.A above.
C. Changes in Compensation. University will not undertake any work that will incur costs in
excess of the amount set forth in Paragraph 3(A) without prior written amendment to this Agreement.
D. Taxes. University shall pay all taxes, assessments and premiums under the federal
Social Security Act, any applicable unemployment insurance contributions, Workers Compensation
insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments
now or hereafter in effect and payable by reason of or in connection with the services to be performed
by University.
E. No Overtime or Premium Pay. University shall receive no premium or enhanced pay for
work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work
performed during non - standard business hours, such as in the evenings or on weekends. University
shall not receive a premium or enhanced pay for work performed on a recognized holiday. University
shall not receive paid time off for days not worked, whether it be in the form of sick leave,
administrative leave, or for any other form of absence.
F. Litigation Support. University agrees to testify at City's request if litigation is brought
against City in connection with University's services. Unless the action is brought by University or is
based upon University's negligence, City will compensate University for the preparation and the
testimony at University's standard hourly rates, if requested by City and not part of the litigation
brought by City against University.
4. Status of University. University will perform the Services as an independent contractor and in
pursuit of University's independent calling, and not as an employee of City. University will be under
the control of City only as to the results to be accomplished.
5. Indemnification. UNIVERSITY shall defend, indemnify, and hold City, its officers, employees,
and agents harmless from and against any and all liability, loss, expense (including reasonable
attorneys' fees), or claims for injury or damages arising out of the performance of this Agreement but
only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury
or damages are caused by or result from the negligent or intentional acts or omissions of
UNIVERSITY, its officers, employees, or agents.
City shall defend, indemnify, and hold UNIVERSITY, its officers, employees, and agents
harmless from and against any and all liability, loss, expense (including reasonable attorneys' fees),
or claims for injury or damages arising out of the performance of this Agreement but only in proportion
to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are
caused by or result from the negligent or intentional acts or omissions of City, its officers, employees,
or agents.
6. Insurance.
A. Minimum Scope of Insurance.
(1) University agrees to have and maintain, for the duration of this Agreement, a General
Liability insurance policy insuring it and its firm to an amount not less than $5,000,000 (Two Million
Dollars) combined single limit per occurrence and in the aggregate for bodily injury, personal injury,
and property damage.
(2) University agrees to have and maintain, for the duration of this Agreement, an
Automobile Liability insurance policy insuring it and its staff to an amount not less than $1,000,000
(One Million Dollars) combined single limit per accident for bodily injury and property damage.
(3) University sha II maintain professional errors and omissions liability insurance for
protection against claims alleging negligent acts, errors, or omissions which may arise from
University's operations under this Agreement, whether such operations be by University or by its
employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than
$1,000,000 (One Million Dollars) on a claims -made annual aggregate basis.
(4) A Workers' Compensation and Employers' Liability policy written in accordance with
the laws of the State of California and providing coverage for any and all employees of University:
M
(a) This policy shall provide coverage for Workers' Compensation (Coverage A).
(b) This policy shall also provide required coverage for Employers' Liability (Coverage
2
(5) All of the following endorsements are required to be made a part of each of the
required policies, except for the Professional Liability and Workers' Compensation and Employers'
Liability policies, as stipulated below:
(a) "The City of Rohnert Park, its officials, officers, agents, employees, and
volunteers are hereby added as additional insureds, but only as respects work done by, for, or on
behalf of the named insured."
(b) "This policy shall be considered primary insurance as respects any other valid and
collectible insurance the City may possess, including any self- insured retention the City may have,
and any other insurance the City does possess shall be considered excess insurance only and shall
not contribute with it."
.(c) "This insurance shall act for each insured and additional insured as though a
separate policy had been written for each. This, however, will not act to increase the limit of liability of
the insuring company."
(6) University shall provide to City all certificates of insurance with original endorsements
effecting coverage required by this paragraph. Certificates of such insurance shall be filed with City
on or before commencement of performance of this Agreement. City reserves the right to require
complete, certified copies of all required insurance policies at any time.
(7) Any failure to comply with reporting provisions of the policies shall not affect coverage
provided to City, its officials, officers, agents, employees, and volunteers.
(8) University's insurance shall apply separately to each insured against whom a claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
B. All Coverages. Each insurance policy required shall provide that coverage shall not be
canceled, except after 30 -days' prior written notice by certified mail, return receipt requested, has
been given to City. Current certification of such insurance shall be kept on file with the City Manager
at all times during the term of this Agreement.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a Best's rating of no
less than ANIL
D. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions must
be declared to and approved by the City. At the City's option, University shall demonstrate financial
capability for payment of such deductibles or self- insured retentions.
E. Verification of Coverage. University shall furnish the City with original Certificate(s) of
Insurance verifying University's receipt of the insurance coverage required herein.
7. Compliance With Laws. The Parties will comply with all applicable local, state and federal
laws and regulations prohibiting discrimination and harassment
8. Termination. City or University may terminate this Agreement at any time after a discussion,
and written notice to the other party. City will pay University's costs for Services completed up to the
time of termination, if the Services have been completed in accordance with the Agreement.
9. Choice of Law; Venue. This Agreement shall be governed by the laws of the State of
California. In the event that suit shall be brought by either party hereunder, the parties agree that trial
of such action shall be held exclusively in a state court in the County of Sonoma.
10. Assignment. University may not assign this Agreement or any part of it, or any monies due or
to become due under it, without the prior written consent of City.
11. Amendments. This Agreement may be amended by mutual consent of City and University.
Any amendment must be in writing, signed by both parties.
12. Authority. The individuals executing this Agreement and the instruments referenced in it on
behalf of University each represent and warrant that they have the legal power, right and actual
authority to bind University to the terms and conditions of this Agreement.
UNIVERSITY:
University of California, Berkeley
Bv:
Mitchell J. Celaya III
Chief of Police
CITY:
City of Rohnert Park:
By:
John Dunn, Interim City Manager
FTIVS-11 4�M
By:
Judy Hauff, City Clerk
APPROVED AS TO FORM:
By:
1'
Michelle Marchetta Kenyon, City Attorney