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HomeMy WebLinkAbout2018-1371 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2018-137 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING A SERVICE AGREEMENT BETWEEN THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY AND THE CITY OF SAN BERNARDINO FOR POLICE SERVICES WHEREAS, the current Master Services Agreement with San Bernardino International Airport Authority and the City of San Bernardino for Police and Fire Related Services expires June 30, 2018; and WHEREAS, police services to the San Bernardino International Airport Authority (SBIAA) require modification to provide an updated security model to be managed by the SBIAA. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager is hereby authorized to execute a 5 -Year Agreement between the City of San Bernardino and the San Bernardino International Airport Authority for law enforcement services from the San Bernardino Police Department, attached hereto as "Attachment 1" and incorporated herein. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING A SERVICE AGREEMENT BETWEEN THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY AND THE CITY OF SAN BERNARDINO FOR POLICE SERVICES I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 16th day of May 2018, by the following vote, to wit: Council Members: AYES MARQUEZ BARRIOS VALDIVIA SHORETT NICKEL RICHARD MULVIHILL k NAYS ABSTAIN ABSENT 4 Georgeann arena, CM ,amity Clerk The foregoing Resolution is hereby approved this 16th day of May 2018. 1 o/ I R. Carey Davis, ayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney a�- 2 2018-2023 SERVICE AGREEMENT BETWEEN THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY AND THE CITY OF SAN BERNARDINO FOR POLICE SERVICES This SERVICE AGREEMENT ("Agreement") is made and entered into as of the 1" day of July 2018 ("Effective Date"), by and between the SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY, a public entity established pursuant to Government Code Section 6500, et M., for the joint exercise of powers ("SBIAA") and the CITY OF SAN BERNARDINO, a charter city under the laws and Constitution of the State of California ("City"). The SBIAA and the City hereby agree as follows: 1. Enactment of the City The San Bernardino International Airport ("SBIAA" or "Airport") is located within the jurisdictional boundaries of the City of San Bernardino, and such, receives law enforcement protection and services from the City of San Bernardino. In addition to standard law enforcement protections, the SBIAA hereby engages the City to provide additional police services described in Sections 2 and 3 of this Agreement. The City hereby accepts such engagement and agrees to provide such services under this Agreement during the term specified in Section 2. Designated Law enforcement officers (LEOs) responsible for responding to the Airport will meet current Police Office Standards and Training (POST) qualifications, training, as well as arrest authorizations required by the Transportation Security Administration. 2. Police Services 2.1 The City shall identify eight (8) sworn officers to be trained on applicable state and federal laws specific to aviation and airports. The City shall be the sole employer of any Police Officers who may be assigned to provide law enforcement services to the SBIAA. All Officers shall work at the direction of the Chief of Police of the City of San Bernardino or his or her designee. Said eight (8 officers shall be reevaluated annually and may be re -assigned at any time as deemed necessary and appropriate by the City. 2.2 The City shall identify one sworn member of the San Bernardino Police Department ("SBPD") Executive Staff to serve as liaison to the SBIAA for Airport related issues, projects and events. 2.3 All SBPD officers shall be under the direction of the SBPD when performing under this agreement. SBD Airport Officers shall follow normal protocol for supervisory notification. 2.4 Major incidents or investigations outside the Airport Operations Area will follow SBPD Standard Operations Procedures (SOP). Incidents inside the Airport Operations Area will be managed under the direction of the Director of Aviation or identified designee consistent with the SBD Airport Security Plan. 2.5 Services rendered under this Agreement shall be requested by the Director of Aviation, or designee, based upon service levels identified in the Airport Security Plan and consistent with regulatory requirements of the TSA. These services may include, but are not limited to specific TSA regulatory requirements; VIP or dignitary operations; special events or other extra -ordinary Airport operations as requested. Emergency response shall not be considered as a compensable service rendered under this Agreement. Emergency response services may include, but are not limited to, typical law enforcement services in and around the Airport; response to circumstances that involve an imminent threat, physical injury or death to any person, response to natural disasters, and other activities typical of a municipal law enforcement agency. 3. Training 3.1 As mutually agreeable with SBPD, SBIAA will recommend and coordinate Airport LEO training courses for the identified SBPD Officers. Course expenses and travel accommodations shall be reimbursed from the SBIAA to the City upon receipt of an invoice. 3.2 The SBIAA will coordinate additional familiarization training to assigned officers on Airport property regarding Airport specific policies, procedures, and regulations including, but not limited to, geographical access points, areas of responsibility, authority within Federal jurisdictions, (e.g. Airport Operations Area), communication with the air traffic control tower, and familiarization and engagement with Airport management and security. 4. Term and Compensation 4.1 City Services shall commence on the Effective Date and shall continue until the termination date of the Agreement as identified in Section 4.2, unless otherwise modified by written agreement of the parties upon thirty -(30) day prior written notice. Services shall be provided by the City on an as needed basis by the SBIAA. When possible, extraordinary meetings and events requiring SBPD representation will be scheduled in advance through SBPD Executive Staff. 4.2 The term of this Agreement shall be five (5) years, commencing on July 1, 2018, and unless sooner terminated or extended by agreement of the City and the SBIAA in writing upon thirty (30) days prior written notice, and executed prior to date of termination, shall terminate on June 30, 2023. 4.3 SBIAA shall reimburse City for all actual expenses when SBPD services are rendered under this Agreement. Said reimbursement shall also include 25 percent of the Captain's salary (at the burdened rate) for professional law enforcement support. 5. Indemnification and Insurance 5.1 Indemnification City agrees to indemnify and hold harmless SBIAA and its authorized agents, officers, volunteers, and employees against all claims or actions arising solely from City's intentional or negligent acts or omissions committed during City's performance of its obligations under this Agreement. Upon a finding of liability hereunder, City shall pay all costs or expenses incurred by SBIAA on account of such liability. SBIAA agrees to indemnify and hold harmless City and its authorized agents, officers, volunteers, and employees against all claims or actions arising solely from District's intentional or negligent acts or omissions committed during SBIAA's performance under this Agreement. Upon a finding of liability hereunder, SBIAA shall pay all costs or expenses incurred by City on account of such liability. In the event City and/or SBIAA is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the Agreement, City and/or SBIAA shall indemnify the other to the extent of its comparative fault. 5.1.2 The City is and will be an independent contractor at all times and in every respect and not the agent of the SBIAA. Nothing contained herein and no direction or notification from the SBIAA or the Executive Director to the City shall be construed so as to create a partnership, joint venture or SBIAA relationship between the parties hereto. 5.1.3 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. 6.0 Insurance 6.2 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 SBIAA protecting said City, the SBIAA, 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: 6.2.1 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. 6.2.2 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 any one accident or casualty, covering the performance of the services herein ordered. 6.2.3 Within ten (10) days after the acceptance of this Agreement by the SBIAA, the City shall deliver to the SBIAA certificates of insurance evidencing that insurance has been purchased by the City as required in this Section 6.2.3 and copies of endorsements providing (i) thirty (30) days' written notice of cancellation, non -renewal, or reduction in coverage by the insurers to the SBIAA, and (ii) automobile liability and comprehensive general liability insurance shall include the SBIAA, its commissioners, officials, officers, employees, and agents as additional insureds. Said certificates of insurance and copies of endorsements shall be on file with the SBIAA 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 SBIAA 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 SBIAA upon written notice. All policies of insurance required and provided by the City under this Section 6.2 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 SBIAA, its commissioners, officials, officers, employees and agents. 6.2.4 Notwithstanding the foregoing, the City may substitute a bona fide self-insurance program for any of the insurance requirements indicated in this Section 6.2. The City shall provide the SBIAA with evidence of excess coverage upon written request. 6.2.5 The SBIAA 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 SBIAA, 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 SBIAA's activities in connection with the performance of this Agreement, whether such activities be of the SBIAA, the SBIAA's agent, or of anyone employed by the SBIAA. The types of insurance coverage as well as the amounts of such coverage shall be as follows: 6.2.6 The SBIAA 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 SBIAA in the performance of the duties described herein. 6.2.7 The SBIAA 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. 6.2.8 Within ten (10) days after the acceptance of this Agreement by the City, the SBIAA shall deliver to the City certificates of insurance evidencing that insurance has been purchased by the SBIAA as required in Section 6.2.7 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 SBIAA to provide the certificates of insurance or subsequent receipt by the City of a notice of cancellation of the insurance policy(ies) by the SBIAA'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 SBIAA under this Section 6.2 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. 6.2.9 Notwithstanding the foregoing, the SBIAA may substitute a bona fide self-insurance program for any of the insurance requirements indicated in this Section 6.2. The SBIAA shall provide the City with evidence of excess coverage upon written request. 7. Miscellaneous. 7.1 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 SBIAA: San Bernardino International Airport Authority 1601 East Third Street San Bernardino, CA 92408 Attn: Executive Director If to City: City of San Bernardino 290 North "D" Street San Bernardino, CA 92401 Attn: City Manager With copies to: San Bernardino Police Department 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. 7.2 Inter tion. 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. 7.3 Severability. 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. 7.4 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. 7.5 Governing Law. This Agreement shall be construed, interpreted and applied in accordance with the laws of the State of California. 7.6 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. 7.7 Headings. The headings of Sections of this Agreement have been inserted for convenience of reference and shall not affect the interpretation of any provisions of this Agreement. 7.8 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. 7.9 Renegotiation of the A eement. The City and the SBIAA 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 SBIAA and the City. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. SEAL ATTEST: St_c_c to M --A SEAL ATTEST: SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY Bye Date: Michael Burr6ws, Executive Director r 1QR CITY , SAN BERNARDINO By ate: Andrea M. Miller, City Manager Approved as to form: Gary D. Saenz, City Attorney By: 4L.LIJX-r City Clerk