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HomeMy WebLinkAbout4549 Resolution - ILA with Port of Pasco for Police Services at TC AirportResolution– ILA for Port of Pasco for Police Services - 1 RESOLUTION NO. 4549 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE PORT OF PASCO AND THE CITY OF PASCO FOR AIRPORT POLICE SERVICES. WHEREAS, RCW 39.34, INTERLOCAL COOPERATION ACT, authorizes political subdivisions to jointly exercise their powers, privileges, or authorities with other political subdivisions of this State through the execution of an interlocal cooperative or interagency agreement; and WHEREAS, the City of Pasco, Washington (City) and the Port of Pasco (Port) desire to enter into this Interlocal Agreement for the purpose of providing police services at the Tri-Cities Regional Airport; and WHEREAS, for over two decades, the Pasco Police Department (Pasco PD) has provided essential police services, including law enforcement response, records processing, and evidence management, to the Tri-Cities Regional Airport located in Pasco, Washington, ensuring compliance with federal security regulations and public safety standards; and WHEREAS, the disbandment of the Port of Pasco Police Department has necessitated a formalization of the roles and responsibilities of the Pasco PD in the provision of comprehensive policing services at the Tri-Cities Regional Airport; and WHEREAS, the proposed Interlocal Agreement between the City and the Port establishes the assignment of four full-time Pasco PD officers to the Airport, ensuring the continuation of critical security, enforcement, and emergency response functions; and WHEREAS, the officers assigned to the Airport will receive specialized training to meet the security and operational requirements of the Transportation Security Administration (TSA) and the Federal Aviation Administration (FAA); and WHEREAS, the Interlocal Agreement includes terms with funding for staffing, training, and operations fully covered by the Port, thereby avoiding any additional financial burden on the City; and WHEREAS, this Interlocal Agreement will maintain the safety, federal compliance, and operational integrity of the Tri-Cities Regional Airport, a critical infrastructure facility for the region; and WHEREAS, the City Council of the City of Pasco, Washington, has after due consideration, determined that it is in the best interest of the City of Pasco to enter into the interlocal agreement to provide police services at the Tri-Cities Regional Airport with the Port of Pasco. Resolution– ILA for Port of Pasco for Police Services - 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council of the City of Pasco approves the terms and conditions of the Interlocal Agreement between the Port of Pasco and the City of Pasco; a copy of which is attached hereto and incorporated herein by reference as Exhibit A. Be It Further Resolved, that the Mayor of the City of Pasco, Washington, is hereby authorized, empowered, and directed to sign and execute said Agreement on behalf of the City of Pasco; and to make minor substantive changes as necessary to execute the Agreement. Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington, on this 6th day of January, 2025. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, MMC Kerr Ferguson Law, PLLC City Clerk City Attorneys WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 3rd Pasco WA 99301 INTERLOCAL COORPERATION AGREEMENT BETWEEN THE CITY OF PASCO AND THE PORT OF PASCO FOR AIRPORT POLICE SERVICES BY THIS INTERLOCAL COOPERATION AGREEMENT entered into this _____ day of __________, 20__, between the City of Pasco, a Washington Municipal Corporation, hereafter referred to as “City” and the Port of Pasco, a Washington Municipal Corporation, hereinafter referred to as “Port”. WHEREAS, pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, the Parties hereto desire to enter into an agreement for the purpose of providing police services at the Tri-Cities Airport, 3601 N 20th Ave, Pasco, WA 99301, hereinafter referred to as "Airport”. Said personnel will provide police services to the Airport as well as the surrounding areas of the City. WHEREAS, the Port owns, maintains, and operates the Airport under RCW Chapter 14.08 and is empowered thereby to contract with any political subdivision of the State of Washington for the furnishing of police protection; and WHEREAS, the City maintains a Police Department and is able and willing to render police services at the Airport upon reasonable terms; and WHEREAS, the City has provided similar services in the past, and will continue to do so at the Airport. NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed between the parties as follows: 1. Police Services. The Port shall provide access to the terminal facility located at the Airport, and the City shall provide police services for the benefit of the Port as provided in the Airport Police Services Operating Plan, which is attached hereto and incorporated herein by this reference as Exhibit A. The Airport Police Services Operating Plan may be modified and amended by written agreement between the Airport Director and the City Police Chief. The Port recognizes the City Police Chief as the Airport Police Chief and hereby delegates authority to the Police Chief to administer the Airport Police Services Operating Plan as written. Further, the Port recognizes that by delegating authority, the Port still maintains responsibility for providing police services that comply with 49 CFR § 1542 and WAC Title 139, et seq., except for those responsibilities undertaken by the City under the Airport Police Services Operating Plan. 2. Service Payments. A. The Port agrees to pay to the City for services provided under Section 1 above: (1) For the calendar year 2025, the City will phase in officers as they are hired and complete the basic police academy. See Exhibit B. (2) Commencing the first day of February 2025, and subsequent years, the annual service payment shall be based on the actual costs for personnel as established through the Collective Bargaining Agreement (CBA) between the City of Pasco and Pasco Police Officer’s Association for the respective calendar year. During protracted contract negotiations exceeding one year, the annual service payment shall be increased by the Consumer Price Index issued by the US Department of Labor for the West Coast Class B/ C Cities. Once contract negotiations are finalized the service payment shall be adjusted to the actual salaries. If the CBA occurs after the first of any new calendar year, the sum shall be revised accordingly, and the City reimbursed by the Port for such retroactive payments. The annual payments as determined shall be divided into twelve (12) equal monthly installments and payable on the 15th day of each month during the term. (3) Commencing the first day of February 2025, an annual administrative fee of $71,000 will be billed to the Port for each of the four officers assigned to the airport. 3. Provided Equipment and Facilities. The City shall provide any and all equipment at the Airport required to provide police services as required under the Airport Police Services Operating Plan. The Port shall provide the facilities for the Airport and the provision of police services as required under the Airport Police Services Operating Plan. As a part of the Airport Police Services Operating Plan, each party shall coordinate with the other party to prepare an inventory of all equipment owned by each respective party having a value more than $5,000. Such equipment identified in the inventory shall remain the property of the designated party, who shall assume full responsibility for its maintenance, repair, and replacement. The inventory will be prepared, modified, and amended only by written agreement between the Airport Director and the City Police Chief, and is expressly incorporated into this agreement. 4. Term of Agreement. This Agreement shall commence on the 19th day of January, 2025, for a term of five (5) years terminating on 19th day of January, 2030, unless earlier terminated as provided in Section 8, below. 5. Indemnification and Hold Harmless. The City agrees that it will protect, save, defend, and hold harmless and indemnify the Port, its employees, commissioners, volunteers, officers, and agents from any and all demands, claims, judgments, or liability for loss or damage arising from negligent acts or omissions, or intentional damage for injury caused by a City employee, agent, volunteer or officer, except for losses or injuries occurring in whole or in part as a result of the negligence of the Port, its agents, officers, volunteers or employees. The Port agrees that it will protect, save, defend, and hold harmless and indemnify the City, its employees, volunteers, officers and agents from any and all demands, claims, judgments, or liability for loss or damage arising from negligent acts or omissions, or intentional damage for injury caused by a Port employee, agent, volunteer or officer, except for losses or injuries occurring in whole or in part as a result of the negligence of the City, its agents, officers, volunteers or employees. The Port shall name the City as an additional insured on its airport liability policy covering the service to be provided by the City to the Port upon the Airport property. The Port shall furnish the City proof of such an endorsement within thirty (30) days of the date of this Agreement. In the event the policy of insurance providing such coverage is cancelled or amended substantially limiting the coverage available for the City as an additional insured under the Port's policy, the Port shall provide the City notice within three (3) days of the receipt of notice by the Port of such cancellation or modification to the policy. Cancellation or modification of the policy as provided above, shall be cause for early termination of this Agreement by the City as provided in Section 8 below, however, such termination shall not occur prior to the effective date of the cancellation or modification of coverage as described above, and such early termination shall not in any event occur earlier than ninety (90) days from the date of notice to the City of cancellation or modification to the policy. 6. Waiver of Subrogation. The Port and the City hereby mutually release each other from liability and waive all right of recovery against each other for any loss or damage to property from perils insured against under their respective property insurance contracts, including any extended coverage endorsements thereto; provided, that this Section 6 shall be inapplicable if it would have the effect, but only to the extent that it would have the effect of invalidating any insurance coverage of Port or City. 7. Discrimination Unlawful. Neither party shall discriminate against any employee or applicant for employment because of race, color, religion, sex, age, creed, sexual orientation, genetic information, disability, or national origin, in accordance with state and federal law. 8. Early Termination. In the event of default of the terms of this Agreement, either party may cause the early termination of this Agreement for breach of this Agreement upon giving at least thirty (30) days written notice of default. The notice shall set forth the cause for termination and the compliance period. In the event the default cannot be cured within thirty (30) days, the defaulting party shall be provided a reasonable time within which to cure the default. The Agreement shall be terminated at the end of the compliance period if the cause for termination has not been cured, PROVIDED, and notwithstanding any other provision herein to the contrary, the City will immediately upon notification commence to cure any default which could result in the lapse of the Port’s TSA compliance and shall complete correction as soon as possible thereafter. Either party may at any time cause this Agreement to terminate without cause upon at least two (2) years advance written notice to the other party prior to the intended date of termination. 9. Training. The City shall provide the training necessary to meet the goals and objectives of the Police Department, Airport, FAA and TSA. The Port shall cooperate and support these services by permitting and facilitating practice drills, planning exercises, and airport familiarization. 10. Renegotiation. This Agreement, or any section thereof, may be renegotiated by the parties and any agreement as a result of such renegotiation shall be by written amendment to this Agreement and signed by the parties. 11. The Interlocal Cooperation Act Provisions. All vehicles, equipment, inventory, and any improvement thereon or fixtures purchased by the City, shall remain the sole property of the City. All vehicles, equipment, inventory, and any improvements thereto and non-fixture improvements to the premises purchased by the Port, shall remain the sole property of the Port. All personnel utilized by the City in the fulfillment of this Agreement shall be solely within the supervision, direction and control of the City and shall not be construed as "loan servants" or employees of the Port. The City Manager of the City of Pasco, Washington, shall be designated as the Administrator of this Interlocal Agreement. No independent special budget or funds are anticipated, nor shall be created without the prior written agreement of the parties. It is not intended that a separate legal entity be established to conduct this cooperative undertaking, nor is the acquiring, holding, or disposing of real or personal property other than as specifically provided within the terms of this Agreement. A copy of this Agreement shall be filed with the Franklin County Auditor's office or posted on the City or Port's website as required by RCW 39.34.040. 12. General Provisions. For the purpose of this Agreement, time is of the essence. This Agreement is governed, construed, and enforced in accordance with the substantive laws of the State of Washington. In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the City Manager and Executive Director or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. 13. Termination of Former Agreement. All prior Agreements between the parties for police services to be provided at the Airport premises are hereby superseded upon the execution of this Agreement and terminated. 14. Responsibility for Actions of Agents, Employees, or Representatives. No agent, employee, servant, or representative of the City shall be deemed to be an employee, agent, servant, or representative of the Port for any purpose and vice versa. Each party shall be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, subcontractors or otherwise during the performance of this Agreement except as may be set forth herein. DATED this ____ day of ______________, 20XX. CITY OF PASCO: Pete Serrano, Mayor ATTEST: APPROVED AS TO FORM: Debra C. Barham, City Clerk Kerr Ferguson Law, PLLC, City Attorney PORT OF PASCO: Commission President ATTEST: APPROVED AS TO FORM: Secretary Attorney for Port of Pasco STATE OF WASHINGTON) : ss. County of Franklin ) On this day personally appeared before me PETE SERRANO, Mayor of the City of Pasco, Washington, to be known to be the individual described in and who executed the within and foregoing instrument and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ____ day of _________. 202X. ____________________________________________ NOTARY PUBLIC in and for the State of Washington Residing at: __________________________________ My Commission Expires: _______________________ STATE OF WASHINGTON) : ss. County of Franklin ) On this day personally appeared before me ______________________, of the Port of Pasco, to be known to be the individual described in and who executed the within and foregoing instrument and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ____ day of _________. 20___. ____________________________________________ NOTARY PUBLIC in and for the State of Washington Residing at: __________________________________ My Commission Expires: ______________________ POLICE SERVICES OPERATING PLAN (Exhibit A) I. GENERAL The City of Pasco, herein referred to as "City," agrees to provide police services to Tri-Cities Airport under the terms of an Interlocal Agreement with the Port of Pasco, referred to as "Port." The purpose of this plan is to ensure a high standard of public safety and regulatory compliance within the airport facilities by assigning four full-time Pasco Police Department (PPD) officers on 10.67-hour shifts. II. PURPOSE A. To deliver qualified, responsive police services, including enforcement, security, and emergency response at Tri-Cities Airport, in alignment with TSA regulations and airport security requirements. B. To specify the roles and responsibilities of PPD and the Port in the management and implementation of police services within the airport. C. To identify and delineate the roles and responsibilities of the Port and the City in the administration, management, and implementation of the Interlocal Cooperative Agreement and service delivery. III. MANAGEMENT AND ADMINISTRATION The Pasco Chief of Police will oversee the implementation of services, coordinating with the Airport Director and Port administration. The officers assigned at the airport will operate under the direction of the District 1 Lieutenant, and the on-duty patrol watch commander will supervise day-to-day operations in coordination with airport management. A. ROLES AND RESPONSIBILITIES 1. Primary Duties: Morning security sweeps, response to TSA calls, Aviation Worker Screening, alarm response, and other assigned duties. 2. Routine Enforcement: Parking, traffic, curb enforcement, and response to disturbances and emergencies in and around the terminal. 3. Emergency Response: Officers will respond to medical emergencies, accidents, and incidents requiring immediate law enforcement intervention, with coordination for support from local, state, and federal agencies as needed. B. INTERAGENCY COMMUNICATION 1. All issues requiring interpretation of the agreement will be resolved in consultation between the Airport Director and the Chief of Police. 2. Emergency communications will utilize designated channels in coordination with Incident Command Post, and the Tri Cities Air Traffic Control Tower (ATCT). C. TRAINING AND CERTIFICATION 1. PPD officers assigned to the airport will undergo required TSA and FAA training, including initial airport security procedures and annual recertification. Training will cover TSA required responses and FAA regulations. 2. Additional training in local protocols, communication procedures, and coordination with the Airport Operations Specialist will be provided on an ongoing basis. D. EQUIPMENT AND RESOURCE 1. PPD officers will use airport provided communication devices to maintain awareness of alarms and calls. 2. All necessary law enforcement equipment, including communication tools, personal protective equipment, and firearms, will be maintained to comply with City standards. E. STAFFING AND SHIFTS 1. Four PPD officers will be assigned to 10.67-hour shifts to cover the airport’s operational needs from TSA opening at 3:15 AM until the final outbound flight departs. These times may vary slightly as TSA openings are adjusted. 2. Any deviations from the required staffing levels will be communicated to both the Airport Director and the Chief of Police to address operational gaps promptly. F. INCIDENT RESPONSE AND COMMAND 1. The assigned PPD officer at the scene will serve as Incident Commander until relieved by a supervisor or other designated authority. 2. For major incidents, a unified command structure will be implemented with representation from the Port, TSA, and other relevant entities. G. AMENDMENT AND DISPUTE RESOLUTION 1. Amendments to this operating plan shall be agreed upon in writing by the Chief of Police and the Airport Director. 2. Any disputes regarding interpretation or execution of the agreement will follow the dispute resolution procedures outlined in the interlocal agreement. H. MAINTENANCE OF RECORDS 1. The Pasco Police Department will be responsible for maintaining all police records. 2. These records will include training certifications, incident reports, response times, and any additional records as needed. 3. Records will be kept in accordance with public records legislation and will be made available to the Port and TSA representatives upon request. Exhibit B The City of Pasco and the Port of Pasco Date: November 21, 2024 1. Response Time and Staffing Support: The City of Pasco (City) will ensure a 10-minute response time to the Transportation Security Administration (TSA) security checkpoint at the Tri-City Aiport (TCA) for all mandated times during the transition period. Furthermore, the City will collaborate with TCA to allow the use of TCA's part-time staff, as deemed appropriate, to enhance efficiency during the transition. 2. Phased Staffing Plan and Billing Rates: The City will phase in the assignment of police officers to the Tri-City Airport (TCA) throughout the 2025 calendar year. As officers are assigned full-time to TCA, the City will bill the Port of Pasco (Port) at the following rates: o Standard Salary Rate (including benefits): $79.50 per hour o Overtime Rate (for officers assigned to TCA): $98.50 per hour 3. Staffing Shortage and Academy Training: In the event that the Pasco Police Department (PPD) does not have sufficient staffing to fill four officer positions by February 1, 2025, the PPD will recruit and send additional police officers to the police academy. The Port will be billed 50% of the cost for each new officer’s training at the police academy, as outlined in the collective bargaining agreement between the City of Pasco and the Pasco Police Officers' Association, for the duration of the officer's training. 4. One-Time Setup Fee: A one-time setup fee for the City to provide police services to TCA will be $58,600, which will be billed directly to TCA. 5. Equipment Replacement Fees: The City will negotiate with the Port regarding any necessary equipment replacement fees.