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HomeMy WebLinkAbout2002-07-23; City Council; 16840; Provide Interim Law Enforcement ServicesCITY OF CARLSBAD - AGENDA BILL ”. MTG. 7/23/02 AGREEMENT TO PROVIDE INTERIM LAW ENFORCEMENT CITY ATTY. DEPT. POLICE MCCLELLAN-PALOMAR AIRPORT SERVICES AT PASSENGER SCREENING LOCATIONS IN THE RECOMMENDED ACTION: Approve Resolution No. 1 authorizing the Mayor to execute an agreement between the City and the County for the City to provide interim law enforcement services at passenger screening locations in the McClellan-Palomar Airport. ITEM EXPLANATION: Since the events of September 11, 2001, the federal government has been taking steps to bolster the security at passenger screening locations in airports. Until recently, the National Guard has been providing the additional security. Sometime next year, federal law enforcement officers are expected to take over this task. However, in the interim, the federal government is requiring airports to make arrangements with local law enforcement officers to provide the additional security. In general, the additional security involves: 1. Providing highly visible, armed deterrence at passenger screening checkpoints; 2. Responding to situations where an individual is interfering with the activities of the 2002-226 screeners; 3. Taking appropriate action if a violation of law occurs; 4. Detaining individuals who attempt to carry unauthorized items through the checkpoint; 5. Coordinating with federal authorities to determine if federal jurisdiction will attach to certain incidents; and 6. Providing for the over-all security of the screening station, screeners, and passengers. Since the National Guard stopped providing the additional security, the McClellan-Palomar Airport has been relying on the San Diego County Sheriff‘s Office to provide it. The Sheriffs Office does not have extra officers it can assign exclusively to the airport and, instead, has been providing the security on an overtime basis. To reduce the risk of officer fatigue that can result from lengthy, extended overtime work, the airport and Sheriff‘s Office have requested the Police Department’s assistance in providing the additional security. AB # 16,840 July 23,2002 Airport Security Agreement Page 2 Like the Sheriffs Office, the Police Department does not have extra officers that can be assigned exclusively to the airport and would need to provide the requested assistance on an overtime basis. Nonetheless, the Police Department recognizes the importance of airport security to the safety of the community overall and believes it can provide the requested assistance on a shared basis without over-extending its own officers. To ensure this, the scheduling of services under the Agreement has specifically been made subject to the availability of the City’s officers. In addition, if the Police Department becomes unable to provide the requested assistance, the Agreement can be terminated at any time with thirty (30) days’ written notice. FISCAL IMPACT: The Agreement requires the County to reimburse the City forty-six dollars ($46) per hour for each officer who performs services under the Agreement. (The County can, in turn, seek reimbursement from the federal government.) This amount is the 2002-2003 overtime rate for a Senior Police Officer and represents the average hourly salary cost of providing the services under the Agreement. Incidental expenses for such items as transportation, uniforms, and safety equipment are not subject to reimbursement under the Agreement. However, as the Police Department already provides these items to its officers, any additional costs associated with the Agreement are expected to be negligible. The Agreement will expose the City to some unique liability because the City’s officers will be enforcing federal directives, they will be sharing responsibilities with other law enforcement agencies, and they will be acting under the general direction of non-City employees. To address these liability concerns, the County will add the City as an insured under its Airport Operations policy. The policy will cover the City’s law enforcement activities at the airport and will be primary to any City policy. In addition, the policy has no deductible and has coverage limits of $100 million. The City Attorney and Risk Manager have reviewed the policy and have indicated it will adequately address the City’s liability exposure under the Agreement. ENVIRONMENTAL REVIEW: The recommended action does not constitute a “project” under CEQA and, therefore, no environmental review is required. EXHIBITS: 1. Resolution No. mz-2~6 Exhibit 1 RESOLUTION NO. -&!!2-226 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE COUNTY TO PROVIDE INTERIM LAW ENFORCEMENT SERVICES AT MCCLELLAN- AR AIRPORT WHEREAS, the County requires qualified local law enforcement officers to perform the duties specified in federal security directive SD 1542-02-01’ at McClellan-Palomar Airport in Carlsbad, California; and WHEREAS, the City’s Police Department is willing and able to supply qualified local law enforcement officers to assist in the performance of these duties on an interim basis, subject to reimbursement from the County and the availability of officers. NOW, THEREFORE, be it resolved by the City Council of the City of Carlsbad, California, as follows: 1. The above recitals are true and correct. 2. The “Agreement for Interim Law Enforcement Officer Services,” contained in Attachment A and incorporated by reference, is approved. 3. The Mayor is authorized to execute the Agreement on behalf of the City of Carlsbad. 49 CFR Part 1520. Consequently, the directive has not been attached to this Resolution or the ’ This directive constitutes Sensitive Security Information protected form public disclosure under Agreement. A copy of the directive is on file with the Police Department and with the McClellan- Palomar AirDort Reso. No. 2002-226 Airport Security Agreement July 23, 2002 Page 2 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the day of July, 2002, by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: CLAUDE A. LEWIS, Mayor LORRAINE M. WOOD, City Clerk (SEAL) 4- Attachment “A” To Resolution No. 2002-226 AGREEMENT FOR INTERIM LAW ENFORCEMENT OFFICER SERVICES McClellan -Palomar Airport This Agreement is made and entered into as of the day of ,2002 (“Effective Date”), by and between the City of Carlsbad (City) and the County of San Diego (County). RECITALS A. County requires qualified local law enforcement officers to perform the duties specified in federal security directive SD 1542-02-01 at McClellan-Palomar Airport (Airport) in Carlsbad, California. B. City’s Police Department is willing and able to supply qualified local law enforcement officers to assist in the performance of these duties on an interim basis. Now, therefore in consideration of these recitals and the mutual covenants contained therein, City and County agree as follows: 1. SCOPE OF WORK City’s Police Department will supply qualified local law enforcement officers to assist in the performance of the duties required by federal security directive SD 1542-02-01, which is incorporated into this Agreement by reference.’ These duties include: a. Providing highly visible, armed deterrence at passenger screening checkpoints; b. Responding to situations where an individual is interfering with the activities of the screeners; c. Taking appropriate action if a violation of law occurs; d. Detaining individuals who attempt to carry unauthorized items through the checkpoint; ’ This directive constitutes Sensitive Security Information protected from public disclosure under 49 CFR Part 1520. Consequently, the directive has not been attached to this Agreement. A copy of the McClellan-Palomar Airport. directive is on file with City’s Police Department and with County‘s e. Coordinating with federal authorities to determine if federal jurisdiction will attach to certain incidents; and f. Providing for the over-all security of the screening station, screeners, and passengers. The number of officers supplied will be based on the Airport’s operating hours, the number of passenger screening checkpoints open during these hours, and the availability of local law enforcement officers. The proposed manpower allocation is contained in Exhibit A. Any changes to this allocation must be approved in advance by the City’s Police Chief. The City’s Police Chief or designee will provide the Airport Director 48 hours advance notice of any changes to the manpower allocation set forth in Exhibit A. 2. TERM The initial term of this Agreement will be for a period of six (6) months from the effective date above or until terminated by the parties. The City Manager may, in his sole discretion after consultation with the Police Chief, amend the Agreement to extend it for up to an additional twelve (12) months or until December 31,2003, whichever is earlier. If the Agreement is to be extended, the parties will prepare a written amendment indicating the length of the extension. 3. COMPENSATION During the term of the Agreement, the County will reimburse the City for officers supplied by the City under this Agreement at forty-six dollars ($46) per officer hour, the overtime rate for a Senior Police Officer. The total estimated reimbursement for the initial term of this Agreement, based on the proposed manpower allocation contained in Exhibit “A,” is approximately sixty-five thousand dollars ($65,000). At the end of each of the City’s bi-weekly payroll periods, the City will invoice the County for the services performed under this Agreement. The invoice will indicate the officer’s last name and first initial, the dates and hours spent performing services under this Agreement, and the overtime rate. Within thirty (30) days after receiving the invoice, the County will remit payment to the City of Carlsbad at the address listed in paragraph 8 below. 4. INDEMNIFICATION All personnel provided by the City in the performance of the services and functions of this contract for the County shall be City officers and employees. The County shall have no liability for any direct payment of salaries, wages or other compensation to any City officers and employees engaged in such performance. -2- The County shall not be liable for compensation or indemnity to any City employee for expenses or damages incurred from injury or sickness arising out of employment, nor shall County be liable for damage to or caused by the use of City equipment in the performance of this Agreement. The County agrees to indemnify and hold the City harmless from and against all claims, demands, damages, losses, actions, suits, obligations, liabilities and expenses, including attorneys fees and costs, arising out of any actions taken by County employees in conducting airport services as they relate to this Agreement. The City agrees to indemnify and hold the County harmless from and against all claims, demands, damages, losses, actions, suits, obligations, liabilities and expenses, including attorneys fees and costs, arising out of any actions taken by City employees with regard to City activities under this Agreement. Nothing in this paragraph is intended to limit the coverage available under the insurance policy described in paragraph 5 to satisfy any claims against the City resulting from the law enforcement services performed by the City pursuant to this Agreement. 5. INSURANCE The County agrees to name the City, including its officers, employees, and volunteers, as additional insured on its policy of liability insurance for the McClellan-Palomar Airport, and activities of the City’s law enforcement personnel pursuant to this Agreement shall be included as covered activities under such policy irrespective of whether the County has any obligation to indemnify the City for these activities under paragraph 4 of this agreement. In addition, the policy’s coverage shall be primary to and non-contributory with any other insurance coverage the City may have for these activities. Further, the County and the City waive any right of subrogation they may have against one another. A copy of the policy is attached at Exhibit B. The policy may not be modified or cancelled by the County without thirty (30) days’ advance written notice to the City. The policy may not be modified or cancelled by the insurer without ten (10) days’ advance written notice to the City, in the case of nonpayment of premium, and thirty (30) days’ advance written notice to the City for any other reason. The provision of the above insurance coverage was an important inducement for the City’s agreement to provide services under this Agreement. Modification or cancellation of the policy is grounds for the City to immediately terminate this Agreement. -3- 6. ACCOUNTING RECORDS City will maintain complete and accurate records with respect to all costs incurred under this Agreement. City will allow the County, upon reasonable notice and during normal business hours, to examine or audit relevant financial records for up to three (3) years after the expiration or termination of this Agreement. 7. TERMINATION to the other party. 8. NOTICES The names of the persons who are authorized to give written notices or to receive written notices on behalf of the City and on behalf of the County under this Agreement are: Either party may terminate this Agreement upon thirty (30) days written notice For City: For County: Police Chief John Snyder City of Carlsbad Police Department Director, Dept. of Publicworks 2560 Orion Way 5555 Overland Ave., Bldg 2 Carlsbad, CA 92008 San Diego, CA 92123 Phone No. (760) 93 1-2 13 1 Phone No. (858) 694-2233 Each party will notify the other immediately of any changes of address that would require notice or delivery to be directed to another address. 9. CHOICE OF LAW AND VENUE enforcing a right or rights provided for by this Agreement will be governed by California law and will be tried in a court of competent jurisdiction in the County of San Diego, State of California. 10. ENTIRE AGREEMENT contemplated by it, embodies the entire Agreement and understanding between the parties. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in writing, signed by both parties. Any action at law or in equity brought by either of the parties for the purpose of This Agreement, together with any other written document referred to or -4- 11. AUTHORITY have the legal power, right and authority to bind the parties to the terms and conditions of this Agreement. The individuals executing this Agreement each represent and warrant that they COUNTY CITY By: By: John Snyder Claude A. "Bud" Lewis Director, Mayor Department of Public Works ATTEST: Lorraine M. Wood City Clerk APPROVED AS TO FORM: JOHN SANSONE, County Counsel RONALD R. BALL, City Attorney By: By: Senior Deputy County Counsel Deputy City Attorney -5- EXHIBIT “A” PROPOSED MANPOWER ALLOCATION The airport operates two shifts each day. The two shifts combined total fifteen hours per day. The City will supply sufficient law enforcement officers to ensure there is one officer present during each hour of each shift each day. This coverage will commence August 1,2002, and will continue for one month. The coverage will then cease for one month and then recommence the following month. Except for adjustments permitted under paragraph 1 of the agreement, this every other month coverage pattern will continue for the duration of the agreement. -6- EXHIBIT “B” AIRPORT INSURANCE POLICY A copy of this policy is on file in the City Clerk’s Office -1-