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Home My WebLink AboutA5346 - DEPARTMENT OF HOMELAND SECURITY TSA AGR DELIVERY/INSTALLATION OF EXPLOSIVE DETECTION SYSTEM w5 N •fC' AGREEMENT BETWEEN DEPARTMENT OF HOMELAND SECURITY TRANSPORTATION SECURITY ADMINISTRATION AND CITY OF PALM SPRINGS, CALIFORNIA RELATING TO PALM SPRINGS INTERNATIONAL AIRPORT Negotiated by the TSA pursuant to 49 U.S.C. §106(1)(6), Homeland Security Act of 2002, and Pub.L.107-296, §102 HSTS04-06-A-DEP246 V Tbr 67 _ �^7 77 HSTSO4-06-A-DEP246 ARTICLE I-PARTIES This Memorandum of Agreement (hereinafter "Agreement" or "MOA") is entered into between the United States Deparhnent of Homeland Security, Transportation Security Administration (TSA) and the City of Palm Springs (CITY) relating to the Palm Springs International Airport (PSP). The TSA and the CITY agree to cooperate in good faith and to perform their respective obligations in executing the purpose of this Agreement. ARTICLE 11-PURPOSE AND SCOPE The purpose of this Agreement is to establish the respective obligations and other responsibilities of the TSA and the CITY relating to the delivery and installation one Explosive Detection System (EDS) CTX-5500 at PSP in order to achieve compliance with the Aviation and Transportation Security Act (ATSA) Public Law 107-71, November 19, 2001. This MOA shall not be construed to obligate TSA, in any manner, to provide the units referred to in this MOA, but is intended to establish respective obligations and other responsibilities of the TSA and the CITY should the units become available for delivery to PSP. ARTICLE III—RESPONSIBILITIES In furtherance of this MOA, the parties shall have the following respective duties, responsibilities and obligations. A. TSA will: I. Review Project design specifications provided by the CITY regarding placement and installation of one CTX-5500 in accordance with TSA approved security equipment design specifications; 2. Make available, deliver and install one CTX-5500 at PSP; 3. Establish testing criteria for the Site Acceptance Testing (SAT) for the CTX-5500 for machine screening capabilities to optimize operational efficiency; 4. Review and approve the independent Site Acceptance Testing (SAT) of the CTX-5500 commission the unit ready for operational use; 5. After successful completion of SAT, the TSA will operate and maintain the CTX-5500 through out its life cycle at not cost to the CITY; and 6. At the end of its useful life, the TSA will remove the CTX-5500 as applicable. B. The CITY shall: 1. Ensure the Project site will be ready to accommodate the installation of the CTX-5500 at the time the unit is delivered to the airport site; 2 HSTSO4-06-A-DEP246 2. Oversee the work associated with site preparation and rigging efforts required to place the CTX-5500 in operational condition in order to pass SAT; 3. Facilitate installation of the EDS unit by providing a clear path during rigging and installation, and provide sufficient space to allow for initial deployment activities (such as uncrating the devices); 4. Be responsible and bear all costs for the rigging to unload and place the CTX-5500 into the designated location as well as site preparation costs. Such costs include, but are not limited to, infrastructure mechanical and electrical work required to commission the CTX-5500. The CTX-5500 shall be placed in an approved location in accordance with TSA EIS design specifications. 5. Prior to the commencement of any work to be perfonned raider this MOA,the CITY shall have in place, and shall require of its contractors participating in the work under the MOA, no less than the minimum arnounts of workman's compensation insurance required under applicable law; 6. Bear all costs associated with infrastructure, facility or conveyor modifications necessary for the removal and disposition of the CTX-5500 at the end of its useful life to include costs associated with site restoration when and if the CTX-5500 is removed at the end of its useful life; and T Shall bear the financial risk of any loss or damage to the EDS unit during the rigging operation to unload and place the EDS unit in place, to include any and all cost of insurance to mitigate this financial risk. The CITY shall be liable to the United States for any loss or damage to the CTX-5500 during the rigging operation unless the damage is caused in whole or party by the TSA or its employees, agents or contractors. C. It is understood and recognized that all EDS units are, and will at all tines remain, the property of the U.S. Goverrarient. All personal property, improvements to real property, and other assets acquired, installed or constructed (such as IIVACs, electrical wiring and electricity) to facilitate the installation, and/or to maintain the operational capabilities of the unit will be the property of the CITY. All such property, improvements and other assets are collectively referred to as "ancillary non-security equipment." It will be the responsibility of the CITY, acting through such agents as it may use, to operate, maintain, repair and/or replace such property in order to maintain the operational capabilities of the EDS unit. D. Title to the ancillary non-security equipment will vest in the CITY upon delivery and acceptance of the ancillary non-security equipment by the CITY irrespective of the source of funds used to acquire this equipment. ARTICLE IV- EFFECTIVE DATE AND TERM This Agreement is made effective upon the later of the dates on which both parties have signed 3 HSTSO4-06-A-DEP246 the Agreement. This Agreement shall continue in effect until such time as the EDS units specified by this MOA have successfully completed the SAT and have been certified as operational by in accordance with TSA policy and until subsequent removal of the EDS units when and if required. The CITY shall use best efforts to have the Project completed within a • mutually agreed schedule not to exceed one year from the date the agreement becomes effective. ARTICLE V—EXAMINATION OF RECORDS The Comptroller General of the United States, or authorized representative, shall have access to and the right to examine any directly pertinent records involving transactions related to this Agreement. ARTICLE VI -LIMITATIONS ON LIABILITY Each party expressly agrees without exception or reservation that it shall be solely and exclusively liable for the negligence of its own agents and or, in accordance with applicable law, and that neither party looks to the other to save or hold it harmless for the consequences of any negligence on the part of one of its own agents or employees. In no event shall the CITY be liable to the United States for any loss or damage incurred to the CTX-5500 due to TSA operations of the EDS unit. ARTICLE VH - CHANGES AND/OR MODIFICATIONS Changes and/or modifications to this Agreement shall be in writing and signed by the authorized representatives of the parties to this Agreement. PARTICLE VHI—NATURE OF AGREEMENT This Agreement is not intended to be, nor shall it be construed as creation of a partnership, corporation, agency relationship or other business entity between the parties. Unless otherwise expressly provided herein, nothing in this Agreement shall be construed to create, enhance or diminish any substantive right, duty, or obligation owed to each party by the other, or by each party to any third party. ARTICLE LY- CONSTRUCTION OF THE AGREEMENT This Agreement is issued in accordance with 49 U.S.C. §106(1)(6), Homeland Security Act of 2002, and Pub_ L. 107-296, §102(b)(2). Each party acknowledges that all parties hereto participated equally in the negotiation and drafting of this Agreement and any amendments thereto, and that, accordingly, this Agreement shall not be construed more stringently against one party than against the other. Moreover, each party acknowledges that there are no exceptions taken or reserved and that this Agreement represents the complete meeting of the minds of the parties not withstanding any contemporaneous writing, correspondence, or conversation to the contrary. 4 HSTS04-06-A-DEP246 ARTICLE X- PROTECTION OF INFORMATION The parties agree that they shall take appropriate measures to protect proprietary, privileged, confidential, or security sensitive information (SSI) as described in 49 CFR Part 1520 that may come into their possession as a result of this Agreement. IN WITNESS WHEREOF, the Parties have entered into this Agreement by their duly authorized officers this °7 day of i -V&t e,-�— , 2006. Department of Homeland Security CITY OF PALM SPRINGS Transportation Security Administration Connie Thornton Authorized Signat K� TSA Contracting Officer �.dr1c c�L T( Copy to: FSD Palm Springs International Airport 5