DocuSign Envelope ID: E4893BF5-AFB5-4F47-A2FA-0EB6AFEFD9D9
SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE
SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY FOR LAW
ENFORCEMENT SERVICES
This SERVICE AGREEMENT ("Agreement") is made and entered into this 14* day of November, 2022 by and between the SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY, a public entity established pursuant to Government Code Section 6500, et seg. 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"), effective November 14, 2022 (the "Effeclive Date"). SBIAA and City may hereafter be referred to individually as a "Party" or collectively as "Parties."
RECITALS
A. The San Bernardino International Airport ("Airport") is governed by the SBIAA and is located within the jurisdictional boundaries of the City of San Bernardino.
B. The City, through the San Bernardino Police Department ("SBPD"), employs POST-certified sworn peace officers and is the provider of law enforcement and public safety services within the City of San Bernardino.
C. SBIAA desires that the City provide SBIAA with law enforcement services at the Airport.
D. SPD has experience and unique expertise relating to public safety support at the Airport and has worked on public safety matters involving the Airport for many years.
The Parties are authorized to enter into this Agreement pursuant to Sections 6502, 54981, and 55632 of California Government Code and the contractual provisions identified in Exhibit A.
F The City is willing and able to provide law enforcement services to SBIAA at rates designed to cover only the City's actual costs associated with providing the services.
NOW, THEREFORE, the Parties hereto agree as follows:
Recitals. The Recitals set forth above are true and correct.
2. Effective Date & Term. This Agreement shall commence upon execution ("Effective Date") and shall run through October 1, 2025 unless sooner terminated in accordance with the terms of this Agreement.
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DocuSign Envelope ID: E4893BF5-AFB5-4F47-A2FA-0EB6AFEFD9D9 Provision of Police Services.
Police Officers. On the Effective Date, the City will assign a minimum of two Police Officers to provide general law enforcement services to the Airport. The City will be the sole employer of the Police Officers, who shall work at the discretion of the Chief of Police or his or her designee.
4. Work Schedules. Two Police Officers shall be assigned to work at the Airport during TSA operational hours as defined by operational need, of 40-hours per week per officer or part thereof. The SBIAA shall inform the City and SBPD of any changes to operational hours with as much notice as possible.
Future Staffing Needs. The Parties agree that the level of police services may need to be adjusted to accommodate changing law enforcement service needs (e.g., added Airport- based operations, higher rates of Airport calls for service, added scheduled passenger flight service, etc.). The Parties agree to cooperate in good faith to adjust the staffing levels as needed.
6. Law Enforcement Services. All law enforcement services and operations will be conducted in accordance with State and Federal law, the City of San Bernardino Municipal Code, and the Policies and Procedures of the SBPD.
7. Jurisdiction. Except where otherwise required by law, SBPD personnel will have full jurisdictional authority for all matters related to law enforcement operations, criminal investigations, and other traditional police-related matters throughout the SBIAA Airport property.
The City acknowledges the jurisdiction of the Air Operations Area (AOA) located within the airside of the SBIAA-owned property, along with certain portions of the Domestic and International Terminals which are explicitly excluded from SBPD's jurisdictional authority and are collectively referenced herein as the "Federalized" portions of SBIAA-owned property. Within the Federalized portions of SBIAA property, SBPD will work closely with the Director of Aviation, Airport Operations staft, TSA, FBI, FAA, NTSB, federal agents, and other involved agencies during response to emergency or major incidents as a participant in SBIAA's incident command structure in accordance with SBIAA's FAA approved Airport Emergency Plan.
Cost for Services & Billing.
Actual Expenses. The SBIAA shall pay for all actual expenses for City services provided during the term of this Agreement.
b. Administrative Fee. The SBIAA shall pay 25% of the fully-burdened rate (including PERS, healthcare, Medicare, workers' comp, certification pay, and other costs associated with employing a law enforcement officer of a Police Captain salary as an administrative fee for professional administrative services provided by the City and SBPD to the SBIAA.
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DocuSign Envelope ID: E4893BF5-AFB5-4F47-A2FA-0EB6AFEFD9D9 C. Police Officers. On the Effective Date, the SBIAA agrees to pay 100% of the actual fully-burdened, straight time salary rate (including PERS, healthcare, Medicare, workers' comp, certification pay, and other costs associated with employing a law enforcemen officer) for any Police Officers assigned to the Airport. When applicable, the SBIAA shall pay fully-burdened overtime rates for time worked by any Police Officers assigned to the Airport on an overtime basis. The reimbursement rate will be determined by police staffing availability and composition.
d Cost Increases. The SBIAA understands and agrees that the City is contracts ly brited tires, a cat SIA viled islanding to pay alary and hour pay.
Revised rates will be paid by the SBIAA for the City Police Officers assigned to the Airport. The SBIAA is aware of the current Police Safety Employees Memorandum of Understanding: July 1, 2020 to June 30, 2025 and all side letters approved by the Mayor and City Council prior to the Effective Date of this Agreement.
e. Billing. The City will invoice the SBIAA quarterly with detailed assigned officer staffing rates, with payment in full due net 30.
9. Special Events. The staffing model and associated costs outlined in this Agreement are for basic law enforcement services. If additional City personnel are requested to work at the Airport for any special event, the SBIAA will make the request in writing to the assigned Captain and pay the actual costs for such services at the fully-burdened overtime rate.
Staffing City employees at such events will be upon mutual agreement of the Parties.
10. Training. During the term, the City shall use best efforts to ensure that no less than fifteen (15) assigned Police Officers have completed industry specific training in connection with this Agreement including local airport familiarization training (e.g., geographical access points, areas of responsibility, authority within Federal jurisdictions (Airport Operations Area, communication with the air traffic control tower, and familiarization and engagement with Airport management and security) and the POST Aviation Security course (Penal Code Section 832.1).
The SBIAA will pay for all costs associated with required airport training for assigned Police Otticers. Training costs shall include course tuition, hotel, mileage, and federal per diem rate.
11. Facilities, Equipment & Vehicles.
a. The SBIAA shall provide Police Officers with access to common area space during assigned shifts, including a conference area, breakroom, kitchen, and non-public restroom facilities.
b. The City will supply all police-related equipment and vehicles to assigned SBPD police officers, including radios and all safety gear. - 3-
DocuSign Envelope ID: E4893BF5-AF85-4F47-A2FA-0EB6AFEFD9D9 c. Each Police Officer assigned to the Airport will utilize a City-owned marked SBPD police patrol vehicle for use in their duties while assigned to the Airport. The SBIAA agrees to pay to the City $625.00 per vehicle per month for the two City-owned marked SBPD patrol vehicles to be utilized by Police Officers assigned to the Airport. The Parties agree and acknowledge that these vehicle fees serve as reimbursement to the City for the costs associated with the purchase of vehicles, vehicle equipment (mobile computer, radio, safety equipment, etc.), vehicle maintenance, and fuel. The Parties further agree and acknowledge that the SBIAA will have no ownership, value, or other interest in any City-owned vehicle as a result of the vehicle payments to the City.
12. Indemnification.
a. To the fullest extent permitted by law, the City agrees to indemnify and hold harmless the SBIAA and its authorized agents, officers, elected officials, volunteers, and employees against all claims or actions arising solely from the City's intentional or negligent acts or omissions committed during the City's performance of its obligations under this Agreement.
Upon a finding of liability hereunder, the City shall pay all costs or expenses incurred by the SBIAA on account of such liability.
b. The SBIAA agrees to indemnify and hold harmless the City and its authorized agents, officers, elected officials, volunteers, and employees against all claims or actions arising solely from the SBIAA's intentional or negligent acts or omissions committed during the SBIAA's performance under this Agreement. Upon a finding of liability hereunder, the SBIAA shall pay all costs or expenses incurred by the City on account of such liability.
C. In the event the City and/or the SBIAA is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the Agreement, the City and/or the SBIAA shall indemnify the other to the extent of its comparative fault.
d. 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 City shall be construed so as to create a partnership, joint venture or other relationship between the Parties.
13. Insurance. The City and the SBIAA shall each maintain adequate insurance, or self-insurance for the duration of this Agreement.
14. Termination: Reopener. This Agreement shall terminate on October 1, 2025, unless terminated sooner by either Party upon three (3) months' written notice. On, or as soon as reasonably possible following, the first anniversary of this Agreement, the Parties agree to meet to discuss the Agreement with a view to ensuring the City's costs are fully covered by the Agreement.
For example, the Parties agree to discuss mechanisms to cover the City's costs associated with - 4-
DocuSign Envelope ID: E4893BF5-AFB5-4F47-A2FA-0EB6AFEFD9D9 administration, insurance, litigation, and other costs which may not presently be covered in the published fully-burdened rates.
Notice. Any notice to be given pursuant to this agreement by cither party to the other shall be given by personal service or shall be deemed given when deposited with the United States Postal Service, first class, postage prepaid, and addressed as follows:
To SBIAA: San Bernardino International Airport Authority Attn: Chief Executive Officer
1601 East Third Street
San Bernardino, CA 92408
To City: City of San Bernardino
Attn: City Manager
290 North D Street
San Bernardino, CA 92401
With copies to: Cole Huber LLP
Attn: Scott Huber
2855 E. Guasti Road, Suite 402
Ontario, CA 91761
City of San Bernardino
Attn: City Attorney
290 North D Street
San Bernardino, CA 92401
San Bernardino Police Department
Attn: Chief of Police
P.O. Box 1559
710 North D Street
San Bernardino, CA 92402
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.
16. Designated Representatives. The City's City Manager and SBIAA's Chief Executive Officer shall serve as the Parties' Designated Representatives for the purposes of this Agreement.
Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the SBIAA. - 5-
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18. Attorneys' Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
19. Equal Opportunity Employment. The SBIAA and City are equal opportunity employers and will not discriminate against any employee for employment because of race, religion, color, national origin, ancestry, sex, age, or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, promotion, demotion, transfer, recruitment, recruitment advertising, layoff or termination.
20. Entire Agreement. This Agreement, including any exhibits hereto and any incorporated documents, represents the entire understanding of the Parties as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. This Agreement supersedes in their entirety any and all prior agreements between the SBIAA and the City for law enforcement and public safety services, including: (1) the 2018-2023 Service Agreement Between the San Bernardino International Airport Authority and the City of San Bernardino for Police Services dated July 1, 2018; and (2) the Service Agreement Between the City of San Bernardino and the San Bernardino International Airport Authority for Law Enforcement Services dated May 18, 2022.
Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.
22. Assignment. Neither party hereto shall assign, 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.
23. Non-Waiver. The delay or failure of cither Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
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23. Time of Essence. Time is of the essence for each and every provision of this Agreement.
Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
25. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.
26. Renegotiation of Agreement. 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 accordance with each Agency's approval procedures.
27. Governing Law. This Agreement shall be construed, interpreted, and applied in accordance with the laws of the State of California; venue shall be in San Bernardino County.
Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. This Agreement may be executed electronically.
29. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown.
SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY
Michael Burrows
Michael Burrows, Chief Executive Officer
Scott Huber
General Counsel
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CITY OF SAN BERNARDINO
Robert Field
Robert D. Field, City Manager
Senseur Rocha
Genoveva Rocha, CMC, City Clerk
Thomas Rice
City Attorney
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EXHIBIT A
STANDARD NONDISCRIMINATION AND AIRPORT OPERATIONAL AND
DEVELOPMENT PROVISIONS FOR CONTRACTS
CONTRACTOR for himself/herself/itself and all heirs, personal representatives, successors in interest, and assigns, as a part of the consideration for the Contract to which these Standard Nondiscrimination And Airport Development Provisions for Contracts are attached or made a part (hereinafter, the "Contract"), does hereby covenant and agree as a covenant running with the land, or otherwise operated on the said property described in the Contract for a purpose for which a United States Department of Transportation ("DOT") program or activity is extended or for another purpose involving the provision of similar services or benefits, CONTRACTOR shall operate such facilities and services in compliance with all requirements imposed pursuant to Title 49, Code of Federal Regulations, DOT, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
2. CONTRACTOR for himself/herself/itself and all personal representatives, successors in interest, and assigns, as a part of the consideration for the Contract, does hereby covenant and agree as a covenant running with the land that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under the Premises and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination, and (3) that CONTRACTOR shall use the Premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non- discrimination in Federally-Assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
CONTRACTOR for himself/herself/itself and all personal representatives, successors in interest, and assigns, as a part of the consideration for the Contract, does hereby covenant and agree as a covenant running with the land that in the event of breach of any of the above nondiscrimination covenants, SBIAA shall have the right to terminate the Contract and to reenter and repossess said land and the facilities thereon, and hold the same as if said Contract had never been made or issued. This provision does not become effective until the procedures of 49 CFR Part 21 are followed and completed including expiration of appeal rights.
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4. CONTRACTOR shall furnish all accommodations and/or services on a fair, equal and not unjustly discriminatory basis to all users thereof and shall charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided, that CONTRACTOR may be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar type of price reductions to volume purchasers.
5. Non-compliance with Provision 4 above shall constitute a material breach of the Contract and in the event of such non-compliance SBIAA shall have the right to terminate the Contract and the estate thereby created without liability therefore or at the election of SBIAA or the United States either or both said governments shall have the right to judicially enforce these provisions.
6. CONTRACTOR agrees that CONTRACTOR shall insert the above five provisions in any agreement or other contract by which CONTRACTOR grants a right or privilege to any person, firm or corporation to render accommodations and/or services to the public on the Premises.
CONTRACTOR assures that CONTRACTOR will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to insure that no person shall on the grounds of race, creed, color, national origin, or sex be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. CONTRACTOR assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by this subpart. CONTRACTOR assures that CONTRACTOR will require that CONTRACTOR's covered sub- organizations provide assurances to CONTRACTOR that they similarly will undertake affirmative action programs and that they will require assurances from their sub- organizations, as required by 14 CFR 152, Subpart E, to the same effect.
8. SBIAA reserves the right to further develop or improve the landing area of the San Bernardino International Airport (the "Airport") as SBIAA sees fit, regardless of the desires or view of CONTRACTOR and without interference or hindrance.
SBIAA reserves the right, but shall not be obligated to CONTRACTOR to maintain and keep in repair the landing area of the Airport and all publicly-owned facilities of the Airport, together with the right to direct and control all activities of CONTRACTOR in this regard.
10. This Contract shall be subordinate to the provisions and requirements of any existing or future agreement between SBIAA and the United States, relative to the development, operation or maintenance of the Airport, including SBIAA's federal grant assurance obligations as promulgated by the FAA.
11. There is hereby reserved to SBIAA, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises. This public right of flight shall include the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through the said airspace or landing at, taking off from or operation of the Airport.
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12. CONTRACTOR agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event future construction of a building is planned for the premises, or in the event of any planned modification or alteration of any present or future building or structure situated on the Premises.
13. CONTRACTOR by accepting the Contract expressly agrees for himself/herself/itself and all successors and assigns that CONTRACTOR will not erect nor Contract the erection of any structure or object, nor Contract the growth of any tree on the Premises which would exceed the height limits of Part 77 of the Federal Aviation Regulations, except as specifically shown on construction plans approved in writing by SBIAA following any applicable Federal Aviation Administration review. In the event the aforesaid covenants are breached, SBIAA reserves the right to enter upon the Premises and to remove the offending structure or object and cut the offending tree, all of which shall be at the expense of CONTRACTOR.
14. CONTRACTOR by accepting the Contract expressly agrees for himself/herself/itself and all successors and assigns that CONTRACTOR will not make use of the Premises in any manner which might interfere with the landing and taking off of aircraft from the Airport or otherwise constitute a hazard. In the event the aforesaid covenant is breached, SBIAA reserves the right to enter upon the Premises and cause the abatement of such interference at the expense of CONTRACTOR.
15. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308a of the Federal Aviation Act of 1958 (49 U.S.C. 1349a).
16. The Contract and all the provisions thereof shall be subject to whatever right the United States Government now has or in the future may have or acquire, affecting the control, operation, regulation and taking over of the Airport or the exclusive or non-exclusive use of the Airport by the United States during the time of war or national emergency.