REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
March 14, 2023
FROM
SHANNON D. DICUS, Sheriff/Coroner/Public Administrator
SUBJECT
Title
Revenue Agreement with the Southern California Regional Rail Authority - Metrolink for Law Enforcement Services for the Redlands Passenger Rail Line
End
RECOMMENDATION(S)
Recommendation
1. Approve Revenue Agreement with the Southern California Regional Rail Authority - Metrolink, including non-standard terms, for the Sheriff/Coroner/Public Administrator to provide law enforcement services for the Redlands Passenger Rail Line, in an estimated amount of $5,656,205 for the period of March 15, 2023 through June 30, 2025, with the option to extend by two additional one-year periods.
2. Authorize the Sheriff/Coroner/Public Administrator or Undersheriff to revise and execute amendments to Schedule B - Cost Schedule of the Revenue Agreement with the Southern California Regional Rail Authority - Metrolink, annually to update the cost of service based on the Board of Supervisors approved Sheriff/Coroner/Public Administrator budget for 2023-24 and 2024-25, subject to review by County Counsel.
3. Direct the Sheriff/Coroner/Public Administrator or Undersheriff to transmit revisions and amendments to Schedule B - Cost Schedule of this Revenue Agreement to the Clerk of the Board of Supervisors within 30 days of execution.
4. Authorize the addition of the following six new regular positions, effective March 15, 2023, needed to fulfill contract law enforcement service levels requested by the Southern California Regional Rail Authority - Metrolink:
a. Five new Deputy Sheriff positions, Safety Unit, R16 (each $73,424 - $115,482 annually).
b. One new Sheriff’s Sergeant position, Safety Management and Supervisory Unit, R25 ($102,627 - $151,050 annually).
(Presenter: Kelly Welty, Chief Deputy Director 387-0640)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost). The proposed Revenue Agreement (Agreement) provides revenue for 2022-23 in the estimated amount of $638,179, which includes recovery of both direct and indirect cost for the Sheriff/Coroner/Public Administrator (Department) to provide law enforcement services for the Southern California Regional Rail Authority - Metrolink (SCRRA - Metrolink), operator of the Redlands Passenger Rail Line (also known as the Arrow Line). Revenue from this Agreement was not included in the Department’s (4430001000) 2022-23 budget. Budget adjustments are not requested at this time but may be included on a future agenda item presented to the Board of Supervisors (Board) for approval, if necessary. Sufficient appropriation and revenue will be included in future recommended budgets.
BACKGROUND INFORMATION
The San Bernardino County Transit Authority (SBCTA), in conjunction with SCRRA - Metrolink, developed and operate the Arrow Line, a nine-mile commuter route with five stations that connects residents, businesses, and visitors to a variety of leisure, education, healthcare, and other destinations in the area. The stations include San Bernardino - Downtown Station located at Rialto Avenue and E Street, San Bernardino - Tippecanoe Station located between Victoria Avenue and Hardt Street, Redlands - Esri Station across from the Esri campus, Redlands - Downtown Station just north of the historic Redlands Santa Fe Depot, and Redlands - University Station located at the south end of the campus.
On December 13, 2022 (Item No. 76), the Board approved revenue Agreement No. 22-1233 with SBCTA to provide law enforcement services for the Arrow Line retroactively from October 24, 2022 through November 30, 2022, for an amount of $100,000. On the same action, the Board approved amendments Nos. 1 and 2 to the agreement, increasing the estimate revenue amount by $522,408, from $100,000 to $622,408, extending the term through January 31, 2023, and delegating authority to the Chief Executive Officer to execute additional amendments to the agreement with SBCTA, which includes extension of the performance period for up to three additional months and additional revenue. Under that authority, two additional amendments were executed increasing the estimated revenue amount to $750,779, and extending the agreement’s term through March 14, 2023.
The recommended Agreement with SCRRA - Metrolink will provide for continued uninterrupted law enforcement services on a long-term basis, effective March 15, 2023, including annual review of the Agreement’s Schedule B - Cost Schedule (Schedule B), which reflects the cost of service, to ensure proper cost recovery by the County. Approval of Recommendation No. 2 will authorize the Sheriff/Coroner/Public Administrator or Undersheriff to revise and execute amendments to Schedule B, subject to review by County Counsel, to reflect future costs as per the Department’s Board-approved budget for 2023-24 and 2024-25.
The Agreement includes the addition of one Sheriff’s Sergeant and five Deputy Sheriff positions, as agreed to by the Department and SCRRA - Metrolink. The Department will deploy six unmarked patrol units to fulfill the requirements under this Agreement. In the event of a service level reduction to the Agreement, in accordance with existing procedures, incumbent staff will be reassigned to existing vacant positions within the Department. The recommended Agreement provides for termination by either party upon 90 days’ advance written notice.
The proposed Agreement includes non-standard terms or conditions that differ from the County’s standard contract language as follows:
1. Indemnification: County standard contract terms require the Contractor to indemnify the County in accordance with County Policy 11-07.
a. Non-standard term: The Agreement will require the County and the SCRRA to indemnify each other in relation to activities related to the Agreement, except for claims arising from the acts or omissions of the SCRRA; the County’s failure to prevent any crime or tortious act; injuries, loss or damage caused directly by a criminal or tortious act of anyone other than the County, while providing services under the Agreement.
b. Potential Impact: The County could potentially have to indemnify the SCRRA in the event it is sued due to County activities related to the Agreement.
c. Justification: The Department believes that law enforcement activities for the Arrow Line outweigh any potential risk.
2. Insurance: County standard contract terms requires the Contractor to carry appropriate insurance to the County in accordance with County Policy 11-07.
a. Non-standard term: The Agreement will require the County to provide to the SCRRA proof of insurance related Workers’ Compensation, Automobile Liability Insurance and Commercial General Liability.
b. Potential Impact: The County has no assurance that the SCRRA will be financially responsible for claims that may arise in the event it is sued due to County activities related to the Agreement.
c. Justification: The Department believes that law enforcement activities for the Arrow Line outweigh any potential risk.
3. Federal Lobbying Restrictions: County standard contract terms do not include references to a Contractor’s restrictions for federal lobbying.
a. Non-standard term: As a partially funded project with federal monies, this Agreement will require the County to not use federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress in connection with obtaining any federal contract, grant or any other award covered by United States Code (U.S.C.) 31 U.S.C. §1352 (federal funds from a project cannot be used to pay any person to influence the award of the contract).
b. Potential Impact: The County will have to file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of a previously filed disclosure form. An event that materially affects the accuracy of the information reported includes:
1) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a federally funded Contract; or
2) A change in the person(s) influencing or attempting to influence a federally funded Contract; or
3) A change in the officer(s), employee(s) or member contracted to influence or attempt to influence a federally funded Contract.
c. Justification: The Department believes that law enforcement activities for the Arrow Line outweigh any potential risk.
4. Political Contributions: County standard terms do not include reference to political contributions.
a. Non-standard term: The County will have to disclose any political contributions of $250 or more to any member or alternate of the SCRRA’s Board of Directors.
b. Potential Impact: There is no anticipated impact because the County is prohibited from making political contributions.
c. Justification: Not applicable.
5. Federal Government Not a Party: County standard terms do not include reference to this type of provision.
a. Non-standard term: The County acknowledges the federal government is not a party to this Agreement.
b. Potential Impact: The County cannot seek redress of issues under this Agreement with the federal government and would be limited to seek damages from SCRRA.
c. Justification: SCRRA is the responsible contracting party and the law enforcement activities for the Arrow Line outweigh potential risks.
6. Congress may not be part of or share in the Agreement: County standard terms do not reference this type of provision.
a. Non-standard term: Members of congress cannot be a part of or share in an economic benefit arising from this Agreement.
b. Potential impact: There is no anticipated impact because the Department will be providing the services and no members of Congress would be a party to the Agreement.
c. Justification: Because federal funding is involved, this term is required to be included in the Agreement, but there appears to be no practical impact to the County, members of Congress do not share in any part of the Agreement, and no revenues from the Agreement will be provided to members of Congress.
7. Disadvantaged Business Enterprises (DBE): County standard terms do not reference such a provision.
a. Non-standard term: Should the County utilize a DBE in the performance of this Agreement, multiple federal requirements related to DBEs would have to be followed, including, but not limited to, removal of barriers to DBEs, a level playing field, training, and assistance with bonding or insurance needs.
b. Potential impact: The Department does not foresee any potential impact because the law enforcement services will be provided by the Department and there is no expected use of DBEs to provide law enforcement services.
c. Justification: Because this Agreement involves federal funds, this provision is required. However, because the Department will be providing the services, there is not a likelihood of an impact from this provision since no DBEs will be subcontracted to provide law enforcement services.
8. Federal Privacy Act: County standard terms do not reference the Federal Privacy Act.
a. Non-standard term: If the County, or a subcontractor, is administering a system of records on behalf of the federal government as part of this Agreement, it must abide by the Federal Privacy Act which imposes restrictions on information.
b. Potential Impact: This Agreement does not involve administering records on behalf of the federal government, but if it did, the Federal Privacy Act would impact what information could be released.
c. Justification: Because this Agreement involves federal funds, this provision is required. However, the nature of the services involves providing law enforcement services and does not include administering records on behalf of the federal government and is inapplicable.
The terms and conditions listed above are exceptions to the County’s standard contract language, therefore approval by the Board is necessary. The Department recommends approval of the Agreement, including non-standard terms, as it is necessary to provide the contracted law enforcement services for the safety and health of County residents. County Counsel and Risk Management have reviewed the non-standard language and provided input.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Cynthia O’Neill, Principal Assistant County Counsel, 387-5455) on March 8, 2023; Human Resources (Gina King, Deputy Director, 387-5771) on March 7, 2023; Risk Management (Victor Tordesillas, Director, 396-8621) on March 7, 2023; Finance (Erika Rodarte, Administrative Analyst, 387-4919) on March 9, 2023; and County Finance and Administration (Robert Saldana, Deputy Executive Officer, 387-5423) on March 9, 2023.