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HomeMy WebLinkAbout04736 - AIRPORT TSA SECURITY POLICE REIMBURSEMENT RESCINDED BY A4405 Page 1 of 2 Kathie Hart From: Janet Sheraton Sent: April 01, 2009 8:22 AM n To: Kathie Hart Subject: RE: Expired Agreements ! V \ Attachments: SHE COI 4 1 09.pdf \ 1 Good Morning Kathie, Gensler—A4382 still active TSA Reimbursement Agreement—A4736 closed (New Agreement began 1011/07—A5561)r(OUY\G\ 2 0\(U' C.V. Taxi-A4865 closed W-1( �0 3 ,o'k• Yr SH&E—A4922 closed (New Agreement 5 year began 11/14/06—A5350) We can encumber up to 125K per year if we wish. New agreement should remain open until 11/13/11. I think you have the COI—but I attached a copy just to be sure. Dewey—A4924 will close 6/30/09. Procurement is going out for a new RFP effective 711/09, Trueblood —A5632 closed 6127/08 Harbor—A5659 still active—Change Orders pending Trueblood—A5726 closed 2/24/09 Thank you, is From: Kathie Hart Sent: Tuesday, March 31, 2009 4:27 PM To: Janet Sheraton Cc: Jay Thompson Subject: Expired Agreements Janet: Attached is a list of the expired agreements. Please advise if they may be closed. Example: A4922, SH&E, expired in 09-2007. Per Tom Nolan, on 09-14-07, the agreement was to remain open. If this is to remain open, T will need to request current insurance certificates. Thx for your help. Z44" Kathie Hart, CMC Chief Deputy City Clerk 04/01/09 AMENDMENT OF SOLICITATIONIMODIFICATION OF CONTk2ACT I CONT'RACrIDCODfl PAGE 017 PAGES l 1 2 ANIL'NDIv1ENTIMODLFICATIONNO a L•16ECTIVE I]AIL• 4 RLCel-gSITION1rIJ2CI-LASEREQ NO 5 PRCIP.CTNO ff.pphcablr) P000007 to/l/06 2107207SL1t•213 6 ISSUED BY CODE 7 ADMINISTERED nY prother tilltlnn t) CODE S2411AA Transportation Security Aden nistration TSA Headquarters—West Building loth Floor,TSA-25 701 South 12th Street Arlington,VA 222024220 Attention: Carl DeBemard, Office of Acquisitions S NAME AND ADDIIFSS OF CONIFAC MR(Nu.steuA,county,Siam mid LIP Cnde) (✓) 9A AML•NOtvfENT OF SOLICITATION NO City of Palm Springs,Department of Aviation PSP City of Palm Springs,Department of Aviation RE URA;60: 3400 E Tahquitz Canyon Way,Suite OPC Palm Springs, CA 92262 a T✓OF PALM SPRNCS 98.DATED(sce ncm 11) SOX 2743 FAL.70 SFFINGS,GA 622W. X IUA MODIFICATfQN OF CONIRACTORDER NO Alin: Richard Walsh DTSA20-03-P-01577 108 DATD•D(see rcun 13) COOS, 31902 FAC1L11YCODE .X 8/14/2003 11.THIS ITRM ONLY APPJ,IES TO ANTNONIENTS OF SOLICITATIONS I hi,above numb—il xolicitatiun r-.rmendcd as set ford,m It.14 Ttic hour npd d.m spccSied for receipt of Oder ,5 extended, 15noLUYtcnded Oilers mueL elmowledge rccapL of this,omcndmcntprror to the haw nut dine upccifcd m the;nheitatteu or m,ercnduJ,by one of the following method,, (z) 13ycompletmL71r nS=dl5,mad eL g eoprr:ufthuauendmenL, (b) By uclmowledgingreceipt oCibi%:vncndment on each copy ofthe oirw submitted,er (e)By seprmie lunei or telegram which includes a reverence to tie solicitngnn end areendmeiu numbers FAILURt;OF YOUR ArEZNQ VLEDGIvIENI TO BE RECEIVED AT THE PLACE DESIGNATED TOR'CEC RECEIPT Of OFFERS PRIOR I O THE HOUR AND DATE SPECTFmn L LSY RESULT (N MECTION OF YOUR OFFER. T171hy vtrrue of this amendment you desne to chmsu ae offer nlre idy submitted,:uch ch.ese may be mode by U gmm or letter,pmhdud each telc(Ppm or lettermakes reverence to the solicitation and this amendment,and is received poor to the openmp how wtd dote spertllerL 12 ACCO11.1'CING AND APPROPRIATION DATA(tfreyuucd) 5-AV07SA00-2007-ADEO11-GE0000-3100-6100-616SLR-5904111300210000-254B 13.THIS ITEM APPLIL•.S ONLY TO MODIFICATION OF CON TRACTS/ORDtME, IT MODIFIES THE CONTRACT/ORJ)ER NO AS DESCRIBED IN ITEM 14. LT�) A THIS CHANCE ORDER IS I55ULD PURSUANT TO (Specify audionty) T-Fit CHANGE SI:'I"FORTH IN ITEM 14 ARE MADE IN TTIr CONTRACT ORDERNO.INMn M 10P. a THE ABOVE Nt-MBERED CONTTRACX/ORDER IS NIODTFTL•D TO REFLECT I HE ADNIINRSTRATIVE CHANGES(such as changer,in pares office, nppmpnuhon date,etc)ST,T FCRTH IN ITEM 14,PURSUANTT TO TFTr AllTIIORITY OF IrAR 43 l03(b) C TFIIS SLIPPLENIEN,rAL AGREENIENr IS i N7"pRr:.r]INTO PURSUANT TO AUT(1OR1TY OF D O'fHER(SpeetytypeoCmodiftcmronandauthonLy) MnNel agrcemem uCrhu punter E IMPORTANT: Cannaetor is Om I x equi d m st a Hus doe anent and mtum 3 copier to the issuing 01TIce 14.DES=TION OR AMEN➢MENI(MOOMCATION(Orpn=d by IJCF section hezdms includutt".heimuon/contrnet ruhlect miner where teuible) Set pare 2 F ISA NAME AND'C1TLE OF SIGNER(Type or print) I6A NAME AND TITLy OF CONTRACTING OFMCER(Type w pnnt) David H. Ready, City Manager �1�1`I Carl DeBernard - Contracting Officer I5B CO `.T AC'T,OR/OFFEROIi 15C DDAII C SIGNED 163 UNI � 'I ATE A 16C DATE=NED (Signsnu ernn authon to ,� .f� hY ncn ii,a) NSN7540-01-152.8070 AT:T EST: 30-105 STANDARD ROR1M 30(REV.10-83) PREVIOUS EDITION UNUSABLE' — - — Proscribed by GSA FAR(48 CFR) APPROVED BY CITY COL IX Ity Cleric MV PSP The purpose of this modification, P0007, to Reimbursable Agreement DTSA20-03-P- 01577 is to modify the hourly rate in Appendix A4 and exercise the final option year under the reimbursable agreement. Accordingly, the following changes are hereby incorporated: 1. Appendix A-4 is hereby modified to reduce the Fixed Average Hourly Rate and Estimated FY2007 Funding amounts equal to the FY2006 rate and funding amount identified in Appendix A-3. The modified Appendix A-4 is attached hereto. 2. Option Year 4 is hereby exercised effective October 01, 2006 at the hours, rate and funding identified in the modified Appendix A-4. 3. Reimbursable Agreement DTSA20-03-P-01577 is hereby funded in the amount of $243,017.00. The total funded value of DTSA20-03-P-01577 is increased by $243,017.00 from $783,001.40 to $1,026,018.40 4. Except as modified herein all other terms and conditions of Reimbursable Agreement DTSA20-03-P-01577 shall remain in full force and effect. OPTION YEAR 4 -- FY 2007 (October 1, 2006—September 30, 2007) NTE On-Sitc hours Per Hourly Rate Estimated Air ort Code ]lay FY 2007 Funding PSP 20 $33,29 $243,017,00 l �)A LEO Reimbursement,Amend 6 AGREEMENT #4736 MO 7794, 1-4-06 AMENDMENT OF SOLICITATIONMODIFICATION OF CONTRACT coNTRACT In coDE PAGE or• PAGES 1 I AMENDMENT/NIODIPICATIONNO. 3 EFFECTIVE DATE 4 REQUISITION/PURCHASE REQ NO. 5 PROICCT NO (Rapplicable) P000006 October 1,2005 21-06-206-LER-213 6.ISSUED BY CODE 7 ADMINISTERED BY of.fin than Item 6) CODE S2404A Transportation Security Administration TSA Headquarters—West Building 10th Floor,TSA-25 701 South 12th Street Arlington,VA 22202-4220 Attention: Carl DeBernard, Office of Acquisitions 8 NAME AND ADDRESS OF CONTRACTOR(No,street,county,State and ZIP Code) (✓) 9A AMENDMENT OF SOLICITATION NO City of Palm Springs,Department of Aviation(PSP) City of Palm Springs,Department of Aviation 3400 E Tahquitz Canyon Way,Suite OFC Palm Springs,CA 92262 9B DATED(eeeae.11) X 10.A.MODIFICATION OF CONTRACT/ORDER NO Attn: Richard Walsh DTSA20-03-P-01577 I On.DATED(see item 11) CODE 31902 FACILITY CODE X 8/14/2003 1 L Tf-[IS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS The above numbered solicitation is amended its set forth in bern 14. The hour and date specified for receipt of Offers I I Is cl ended, Is nat extended. Offers nmst eclou wledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one oftlre following methods (a) By completing Items 8 and 15,and returning copies of the amendment, (b) By acknowledging receipt of this amendment on each copy of the offer sub coned,or (c)By separate letter or odegrant which includes a reference to the solicitation and i nrandment numbers FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER Irby virtue of this amendment you desire to change an offer already submitted,such change maybe made by telegram or letter,provided each clegrai or letter makes reference to the solicitation and this amendment,and is received prior to the opening hour and date specified 12..ACCOUNTING AND APPROPRIATION DATA(Urequired) 5-AV067A000D-2006-ADE011-GE0000-3100-2B00-LEF000-2B11PSP000000000-254B 13.THIS ITEM APPLIES ONLY TO MODIFICATION OF CONTRACTS/ORDERS, IT MODIFIES THE CONTRACT/ORDER NO.AS DESCRIBED IN ITEM 14. I� A.THIS CHANGE ORDER IS ISSUED PURSUANT TO- (Specify authority) THE CHANGE SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO.M ITEM IOA B. TILE ABOVE NUMPERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES(such as changes in paying office, appmpnahou date,etc)SET FORTH IN ITEM 14,PURSUANT TO THE AUTHORITY OF FAR 43.103(bL C.THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF X D.OTHER(Specify type ofmodificationandauthonty) Matualagreementaftheparties E. IMPORTANT: Contractor $ is not, is required to sign this decmirent and re urn copies to the rc uing office 14.DESCRIPTION OF AMENDMENT/MODIFICATION(Organized by UCF section heading,including solicitation/contract subject matter where feasible). A. Pursuant to the Article XVI"Option to Extend"of the Reimbursable Agreement,the purpose of this modification is to exercise and fully fund the option for the period of performance of October 1,2005 through September 30,2006 in the amount of$243,014.08. B. The total value of the agreement is hereby increased by$243,014.08 from$539,984.40 to$782,998.48 C. All other terms and conditions remain unchanged. ISA NAME AND TITLE OF SIGNER(Type or print) 16A.NAME AND TITLE OF CONTRACTING OFFICER(Type or print) David H. Ready, City Manager - CarlDeBernard -Contracting Officer I5B CONTRACTOR/OFFEROIL ` 15C DATE I NED 1631 UNIT STAT AM' CA 16C.W SIGNED J � � V 6 .fy .)n BY— (Signature of person f�zEd[o sign) i roc e q NSN 7540-01�-1152-8070 ATTEST- 30-105 SPresDARD FOR 30(REV`10ti 3t)PRE FAR y r2��vr(l)�i t+vLG f110 '1'"1°1�a ,• •U�a A +�1;�b1<1 U..;. 4bupsa1,r Ine11t W hN 01010InBW;Seen11 1, � Transportation.ir, tatl3.n, oF secuiq unai Adini istrat3.dn October 27, 2005 Richard Walsh Executive Director- Airports City of Palm Springs, Department of Aviation (PSP) City of Palm Springs, Department of Aviation 3400 E Tahquitz Canyon Way, Suite OFC Palm Springs, CA 92262 Re: Modification to Law Enforcement Personnel Reimbursable Agreement between the Transportation Security Administration and the City of Palm Springs, Department of Aviation, Agreement#:DTSA20-03-P-01577. Dear Richard Walsh: Enclosed is your copy of Modification Number 6 to the above-referenced Agreement. It is not necessary for you to sign the Modification. Modification Number 6 exercises the option to extend this Agreement for a one (1) year period beginning October 1, 2005 and continuing through September 30, 2006 with the limits and at the rates specified in Appendix A-2, or A-3 as applicable. If you have any questions, please do not hesitate to contact me at(571) 227-2467 or via email: Komi. SrniYh cad, lzs.gov. rncerely, Toni Smith Program Manager Transportation Security Administration Enclosure cc: Jim Spinden FSD BY:Ll QFAFA?'VINDION CONTRACT ABSTRACT 11 Contract Company Name: TSA Company Contact: Toni Smith Summary of Services: LEO Reimbursement Amendment#6 Contract Price: N/A Funding Source: N/A Contract Term: 10/1/05 - 1131106 Contract Administration Lead Department: Aviation Contract Administrator: Steve Zehr Contract Approvals Council/ Community Redevelopment Agency Approval Date: 1/4/06 Minute Order/ Resolution Number: M07794 Agreement No: A4796 Contract Compliance Exhibits: N/A Signatures: Yes Insurance: N/A Bonds: N/A Contract prepared by: TSA Submitted on: 1/5/06 By: Janet Buck MEMORANDUM xe'ntiJ TO: Janet Buck Aviation FROM: Kathie Hart, CIVIC Chief Deputy City Clerk DATE: January 17, 2006 SUBJECT: TSA Amend 6 to A4736 (Reimbursement Agreement) Attached is a duplicate original copy of the above referenced agreement for your files and distribution. We have kept the original copy for our records. Please feel free to contact our office if there are any concerns. /kdh Attachment I i i TSA # Reimbursement Agreement 5th Amendment y�?fjj Homeland AGREEMENT#4736 Security MO 7600, 01-05-05 November 16, 2004 Allen F Smoot Executive Director- Airports Palm Springs International Airport, (PSP) City of Palm Springs, Department of Aviation 3400 E Tahquitz Canyon Way, Suite OFC Palm Springs, CA 92262 Re: Modification to Law Enforcement Personnel Reimbursable Agreement between the Transportation Security Administration and the City of Palm Springs, Department of Aviation; Agreement#DTSA20-03-P-01577 (Agreement) Dear Allen F Smoot: a Enclosed is your copy of Modification Number Cf to the above-referenced Agreement. Modification Number Or adds additional finding to the Agreement for the period of October 1, 2004 through September 30, 2005. This copy is for your files, and therefore no further action is required. Additionally, the purpose of this letter is to make you aware of some of the upcoming changes to the current process: ■ The TSA is in the process of migrating its financial tracking system to the Coast Guard's Service Center, located in Chesapeake Virginia. • Upon completion of the LEO Program's migration, invoices will be processed in Chesapeake and our office will no longer accept invoices for processing. Additionally, because this change impacts the current invoice processing system, a modification to the Reimbursement Agreement will be made and delivered to you with detailed instructions. • Since the Coast Guard uses an automated system, all vendors must register with the Central Contractor (CCR) http://www.ccr.gov to receive reimbursement. • If you are not already registered with the CCR, you must do so immediately. If you experience any difficulty registering with CCR, please contact them at their toll free number, 1-888-227-2423 for assistance. Invoices submitted by vendors not registered with CCR will not be processed. • To assist in tracking your status and registration with CCR, please provide your Dunn's Number via email, to my attention at your earliest convenience. f; Hon2eland l Security Finally, to ensure reimbursements are made in a timely manner, please continue to work with the FSD to secure their certification prior to submitting your invoices to Chesapeake. Invoices submitted without the FSDs certification will delay your reimbursement. If you have any questions, please do not hesitate to contact me by telephone at 571-227- 1526 or by email at christopher.gorham@dhs.gov. Sincerely, Chris Gorham Law Enforcement Office Transportation Security Administration cc: Thomas Anthony, FSD AMENDMENT OF SOLICITATION/1VIODIFICATION OF CONTRACT L CONTRACT ID CODE I PAGE OF PAGES 1 1 2 AIVIENDMENT/NIODIFICATION NO. 3.EFFECTIVE DATE 4 REQUISITION/PURCHASE REQ NO 5 PROJECT NO.(dappliclur) 0005 0 1 -October-04 21-05-5-LEF-228 6.ISSUED BY CODE 7.ADMINISTERED BY(Ifother than been 6) CODE S2404A Transportation Security Administration TSA Headquarters—West Building loth Floor,TSA-25 601 South 12th Street Arlington,VA 22202-4220 Attention: Holly Hamilton Bolger, Office of Acquisitions S.NAME AND ADDRESS OF CONTRACTOR(No,street,county,State and ZIP Code) (V) 9A.AMENDMENT OF SOLICITATION NO. City of Palm Springs,Department of Aviation (PSP) City of Palm Springs,Department of Aviation 3400 E Tahquitz Canyon Way,Suite OFC 9B DATED(s,acen 10 Palm Springs, CA 92262 Attn: Allen F Smoot IOA.MODIFICATION OF CONTRACT/ORDER NO. DTSA20-03-P-01577 I OB.DATED(sec ace u) CODE 31902 FACILITY CODE X 8/14/2003 11.THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS The above numbered solicitation is amended asset forth in Item 14 The hour and date specified for receipt of Offers I I is extended, I I is not extended. Offers must acknowledge receipt of this arendment poor to the hour and date specified in the solicitation area amended,by one of the following methods. (a) By completing Items 8 and I5,and reaming copies orthe amendment; Is) By acknowledging receipt of this amendment on each copy ruffle offer submitted,or (c)By separate letter or telegram which includes a reference to the solicitation and amendmeut numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. Ifby virtue oftli s amendment you desire to change as offer already intimated,such cliinge may be made by telegram or letter,provided each telegram or letter makes reference to the solicitation and this amendment,and is received prior to the madm g hour and date specified. 12.ACCOUNTING AND APPROPRIATION DATA(Ifrequired) 5-AV05XA000D-2005-SDE010-GE0011-3100-21300-LEF000-21311PSP000000000-2531 13 THIS ITEM APPLIES ONLY TO MODIFICATION OF CONTRACTS/ORDERS, IT MODIFIES THE CONTRACT/ORDER NO AS DESCRIBED IN ITEM 14. IV) A TIES CHANGE ORDER IS ISSUED PURSUANT TO (Specify authority) TFIE CHANGE SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO INITEM IOA B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES(such as changes in paying office, X appropriation date,etc.)SET FORTH IN ITEM 14,PURSUANT TO THE AUTHORITY OF FAR 43.103(b). C THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: D.OTHER(Specify type of modification and aulhonty) E, IMPORTANT: Contractor I X I is not, I I is required to sign this document and oadid, copies to the issuing office. 14.DESCRIPTION OF AMENDMENT/MODIFICATION(Organized by UCF section Reading,including so4citationicantmct subject matter where feasible). A. The purpose of this modification is to provide additional funding for the period of performance of October 1, 2004 through September 30, 2005 in the amount of$235,936.00 B. The total value of this Reimbursable Agreement is hereby increased by$235,936.00 from$304,048.40 to$539,984.40 C. All other terms and conditions remain unchanged. Except as provided herein,all semis and conditions of the discontent referenced in Item 9A or I OA as heretofore changed,remains unchanged and in full force and effect. 15A NAME AND TITLE OF SIGNER(Type an print) 16A.NAME AND TITLE OF CONTRACTING OFFICER(Type or print) Holly H. Bolger - Contracting Officer I'S`B..'C'O'NNTRACTOWOFFEROR i, 15C.DATE SIGNED 16B.UMTYD STATES OF f�MERICA g J,% Ise.DATE SIGNED .c1�� I r rif r7wc.; d � ,:�� it BY OV 1 7 2004 e Iv/(S �F ed t ign) 1 i(' (/-'a (Sia two of Contracting Officer) NSN 7540-01-152-8070 30-105 STANDARD FORM 30 REV. 10-83) PREVIOUS EDITION UNUSj�py ' ty tyy ti 'Jwl{° �' '�`q„* "8 (C11A Prescribed by GSA FAR(48 CFR) 53.243 ,, I �, I ��' i . M E M O R A N D U M TO: Janet Buck Aviation FROM: Kathie Hart \ Chief Deputy City Clerk DATE: January 21, 2005 SUBJECT: FAA Amend 5 of A 4736 cc: Jay Thompson, City Clerk File Attached is a copy of the above referenced agreement. We have retained the original our files. Please feel free to contact me if there are any questions, ext. 8206. /kdh attach. AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT I.CONTRACT ID CODE PAGE OF PAGES 1 of 1 2.AMENDMENT/MODIFICATION NO. 3 EFFECTIVE DATE 4 REQUISITION/PURCHASE REQ NO. 5.PROJECT NO.pfappheeble) 4 01 -October-04 6.ISSUED BY CODE 7 ADMINISTERED BY(If other than Item 6) CODE S2404A Transportation Security Administration TSA Headquarters—West Building 4th Floor,TSA-25 601 South 12th Street Arlington,VA 22202-4220 Attention: Holly Hamilton Bolger, Office of Acquisition 8.NAME AND ADDRESS OF CONTRACTOR(No,sheet,county,State and ZIP Cede) (✓) 9A.AMENDMENT OF SOLICITATION NO. City of Palm Springs,Department of Aviation(PSP) City of Palm Springs,Department of Aviation 3400 E Tahquitz Canyon Way,Suite OFC 9B.DATED(,ee,tem II) Palm Springs,CA 92262 X I OA.MODIFICATION OF CONTRACT/ORDER NO. Attn: Allen F Smoot DTSA20-03-P-01577 I OB.DATED(see it..13) CODE 31902 FACILITY CODE X 8/14/2003 11.THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS _ The above numbered solicitation is amended as set forth in Item 14 The hour and date specified for receipt of Offers I I ss extended, I I is not extended. Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended,by one of the following methods. (a) By completing Items 8 and 15,and returning copies of the ansendment, (b) By acknowledging receipt of this amendment on each copy of the offer submitted;or (c)By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO TFIE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by rmrtme of dns amendment you desire to change an offer already submitted,such change maybe trade by telegram or letter,provided each telegram or letter makes reference to the solicitation and this amendment,and is received prior to the opening ham and date specified 12.ACCOUNTING AND APPROPRIATION DATA(Ifmgmimd) 13.THIS ITEM APPLIES ONLY TO MODIFICATION OF CONTRACTSIORDERS, IT MODIFIES THE CONTRACTIORDER NO.AS DESCRIBED IN ITEM 14. ✓V) A.THIS CHANGE ORDER IS ISSUED PURSUANT TO. (Specify authority) THE CHANGE SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO IN ITEM 10A. B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES(such as changes in paying office, X appropriation date,etc.)SET FORTH IN ITEM 14,PURSUANT TO THE AUTHORITY OF FAR 43 103(b) C THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF. D.OTHER(Specify type of modification and authority) E.IMPORTANT: Contractor I X I is not, I I is required to sign this document and return copies to the issuing office 14.DESCRIPTION OF AMENDMENT/MODIFICATION(Organized by UCF section heading,including solicitation/contract subject matter where feasible) A. Pursuant to Article XVI.Option to Extend Agreement,the pm pose of this modification is to exercise Option Year One,or Two of this Reimbursable Agreement as applicable with the limits and at the rates specified in Appendix A-1,or Appendix A-2 as applicable which is subject to the availability of Federal funds. B. This modification revises the term of this Reimbursable Agreement as found in Article XV.Effective Date and Term of Agreement, Amendments,and Modifications as follows: The effective date and term of this Agreement is October 1,2004 and shall continue in effect until September 30,2005,unless terminated earlier by the parties as provided herein. C. All other terms and conditions remain unchanged. Except as provided herein,all terms and conditions of the document referenced in Item 9A or I OA as berelofore changed,remains unchanged and in full force and effect. 15A NAME AND TITLE OF SIGNER(Type of print) I6A.NAME AND TITLE OF CONTRACTING OFFICER(Type or Pont) David H. Ready, City Manager Holly Hamilton Bolger -ContractingOfficer 15B.CONTRACTOWOFFEROR ISC DATE SIGNED 16B UNEFED ST9TES OF AMERICA II' 16C DATE SIGNED BY QI- y q (Sie iature ofperson outlmnzed to � /6,/�� (Sigtsklme ofConlraoling Officer) i7 "L� 1 O LOO4 NSN 7540-01-152-8070 e% 1 30-105 STANDARD FORM 30(REV. 10-83) PREVIOUS EDITION UNUSABLE t wscnbed by GSA FAR(48 CFR)53.2437/1k Iq APPENDIX A-2 OPTION YEAR 2 -- FY 2005 (October 1, 2004—September 30, 2005) Total Average On-Site Fixed Average Estimated Airport Code Hours Per Day Hourly Rate FY 2005 Funding y.. PSP 20 $32.32 $235,936.00 3 a i SENSITIVE SECURITY INFORMATION/FOR OFFICIAL USE ONLY WARNING:THIS DOCUMENT CONTAINS SENSITIVE SECURITY INFORMATION THAT IS CONTROLLED UNDER THE PROVISIONS OF 49 CFR PART 1520. NO PART OF THIS DOCUMENT MAY BE RELEASED WITHOUT THE WRITTEN PERMISSION OF THE ADMINISTRATOR OF THE TRANSPORTATION SECURITY ADMINISTRATION,WASHINGTON,DC 20590. UNAUTHORIZED RELEASE MAY RESULT IN CIVIL PENALTY OR OTHER ACTION, FOR U.S.GOVERNMENT AGENCIES, PUBLIC AVAILABILITY TO BE DETERMINED UNDER 5 U.S.C.§552. 17 7A3 S.Department of Homeland Security 95 oEan��Fm`t. ")ZIP �y Security Administration September 9, 2004 Allen F Smoot Executive Director- Airports Palm Springs International Airport, (PSP) City of Palm Springs, Department of Aviation 3400 E Tahquitz Canyon Way, Suite OFC Palm Springs, CA 92262 Re: Modification to Law Enforcement Personnel Reimbursable Agreement between the Transportation Security Administration and the City of Palm Springs, Department of Aviation; Agreement#:DTSA20-03-P-01577. Dear Allen F Smoot: Enclosed is your copy of Modification Number 4 to the above-referenced Agreement. It is not necessary for you to sign the Modification. Modification Number 4 exercises the option to extend this Agreement for a one (1) year period beginning October 1, 2004 and continuing through September 30, 2005 with the limits and at the rates specified in Appendix A-1, or A-2 as applicable. The exercised option is subject to availability of appropriated funds. If you have any questions, please do not hesitate to contact me at (571) 227-3036 or via email: Holly.Bolgerna,dhs.gov. Sincerely, Holly Hamilton Bolger Contracting Officer Transportation Security Administration Enclosure cc: Thomas Anthony BY, IJ.EPT,� ��✓6�`t�lC � Council Agenda 10-06-04, Page 3 APPROVAL OF CONSENT AGENDA: Items 1 thru 10, except 4 and 8. CONSENT AGENDA: The following items are of a routine nature, and may be approved by one blanket motion, upon unanimous consent. Clarification questions may be asked prior to voting, and matters need not be voted upon separately. (Note: Contract amounts in excess of $50,000 require minimum of 3 affirmative votes) Review by City Manager of Consent Items to be clarified. 1. Approval of Minutes September 1 and 8, 2005. 2. MO 7559 approving the Disadvantaged Business Enterprise Program for Federal Highway Administration (FHWA) funded projects for Federal fiscal year 2004-05. 3. MO 7560 approving Amendment 10 to A4382 with Gensler & Associates for architectural services related to the modification of the passenger screening checkpoint and holdrooms at the Palm Springs International Airport for $832,361 total contract $1,706,473,40. 4. MO ----- approving or MO ----- denying an agreement with Interactive Design Corporation for the James O. Jessie Desert Highland Unity Center Expansion in the amount of$77,900. CP04-05. A-----. Withdrawn by City Manager. 5. Res 21103 amending fiscal year 2004-05 budget to appropriate $29,393 from the Asset Forfeiture Fund to the local asset seizure expenditure account. 6. MO 7561 consenting to sublease agreement A4821 between Signature Flight Support Corporation and PSP Hangars I LLC and authorize the execution of a non-disturbance agreement with PSP Hangers I LLC. A4974. 7. MO 7562 approving reimbursement agreement modification 4 with the TSA j A4736 which extends the term from October 1, 2004 to September 30, 2005. 8. See Extended Consent Agenda 9. Res 21104 approving Final Map 30745 —WALMART with Subdivision Agreement and Abandonment Agreement prepared by Development Resources Consultants Inc representing American Realty Trust to subdivide property located at the Skypoint Center, Section 20, T4S, RSE. A4975; A4976. 10. Res 21105 and 21106 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict McCulloch 1000092 Desert Fire Ext. Business Related TSA Modification No. 3 AGREEMENT#4736 MO 7475, 4-21-04 AME,NDMENTOFSOLICI:TATION/MODIFICAT[ONOFCONTRACT I ICUMI1=r1mcuur -I-+Rc ol�rFcr� 1 2 2.AMENDMENT/MODIF(CATION NO. 3-Eft-T T(VE DATE 4,REQUIBITION/PURCPIASE XEQ NO, 5 PRO7ECTN0,(sfnpplleoblu) 0003 April 1,2004 _ PR'E.Q 04-LEF-247.0I 0.ISSUED BY CODE 7.ADMINISTERED AY nf-dwilnc lr=m4 CODE S2404A Transportation Sectraty Admiulstratian L TSA Headquarters—West Building 4th Floor,TSA-25 601 South 12th street Arlington,VA 22202-4220 Attention:Holly Hamilton Bolger,Office of Acquisitions 6 NAME AND ADDRESS OF CONTRACTOR(No_irca4 ma ay,Siam and ZIP Code) (✓) 9A AMENDMENT OF SOLtc=CON No, Palm Springs International Airport(PSP) City of Palm Springs,Department of Aviation Palm SpringsCA 92262/ FR.DATED(cc.cm 111 %�i riJAJip cY/gr�f{J Xr 10AMODIFICATION OF CONTRACr/ORDPR No, Attn: A3len4LSBI"t DTSA20-03-P-01577 10B.DATED(ccc)000 n) CODE 31902 FACILTIY CODE X 8/14/2003 _ II.THIS ITEM ONLY APFLCES TO AMENDMENTS OF SOLICITATIONS The abnFe nwnberod,0licrl.boa is amNded aF set Forthmltem(4 Thchourand dple spcciGed for receipt ofOQers ( +s extaoacd, LIs not extended. Offers must aeknewledye mcmpi of dQc atnepdmuLLpndr to d c tmur add dom 1pcw0td w dm:eR.dnlian of a;amcrrdcd,by opc of the follewm5 methods (a)By completing It=li and 15,and manning copies ofane ameadma.4 (h)By acknowledging rocalpn.Clhr.mcndmenE bn+ch copy Crib.offer snbmdled;ar(c)Byaeprvat.l.ttu or tclagmnr whiob mclndce a rc{ercnce m the eolioicznon nnd:dncadment munhcrc FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR TEE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN[tEIECTION OF YOt1R OFFER t£by virNe efauc pn,�drnr+rtyoudsirc to change an nt[er aheady=nLm+tted,snob el+.nge maybe nude oy cele>;ram or Reiter,nmvidod earl tel.gram or led�r make,refCre:mo m me soflcltaaou and tlds omeandmin4 and h received prior tp the r�pedvl6l,.wand datc.p.clSacd. 12,ACCOUNTING ANT)A-pROPRIATION DATA afrequind) OSAVOODODO-2004-1C2BLBrA21-2B1lPSPODO-25407 19.THIS rIEM AFPLIES ONLY TO MODIFICATION OF CONTRACTS/ORDERS, IT MODIFIES THE,CONTRACT/ORDER,NO.AS DPSCRIEM IN ITEM 14. (!�j A-THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Spec*authority) I HE CHANGI%SET FORISI IN TrEM 14 ARE MADE IN Tl•]E CONTRACT ORDERNO,IN ITEM I0A E THE ABOVENMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT TRL ADMINISTRATIVE CHANGES(sych as chany�-m paying oxce, x appmprhdun dale,etc)SET FORTH IN ITEM 14.PURSUANT TO THE AUTHORITY OF FAR 43.103 ft C TPUS SUPPLEMENTAL AGREEMENT 1S JDMRED INTO PURSUANT TO AUTHORITY OF: D.OTFIER(Speerry type a{modiGeobon pad authority) B.IMPORTANT: Contnptor I X I is col I Ins requ d to sign is doe meat sad re um copies to the seoing tdCec 14,DESCRIPTION OF AMENDMENT/MODIFICATION(orglonixcd by uCF;.cr o n headw&inolwlin6 solicm amt/eanapct S.bj.ct matter be.I=bie). A. 'The purpose of this modificanon is to provide additional funding for the period of performance of April 1,20041hrough September 30, 2004 in the amount of S114,850,80 B. Article V.,Paragraphs B,,and C.,are deleted 1n their entirety and replaced With the following: PAGE OF PAGES 2 2 B. Ceiling on Pnymcot The funding ceiling amount of this RA provided by Paragraph A of Article V.$304,048 40 may only be increased by mutual agreement of the parties.It is estimated that funding for this RA is sufficient to support providing the required law enforcement services on site at the airpot for response to the security passenger screening checkpoints in accordance with the terms of this ILA and meeting the level of effort and at the mte stated in Appendix A and Appendix A-1 from the effective data of the Agreement through September 30,2004. The funds presently available far payment and allotted to this EA are$304,048.40. C. Process for Funding This RA may be incrementally fimded during the fiscal year subject to the availability of Federal funds. Funds presently available for payment and allotted to this RA are 5304,04S.40. Federal fiscal year 2003 PR Number 03-05X280-1577 Accounting Data 05XO509200 2003 102BLEFA212BI 1PSP000 25305 Amount $74,346.80 Federal fiscal year 2004 PR Number PI.E.Q 04-LU-247 Accounting Data 05AV000000-2004-1 CZBLEFA21.2B I 1 PSPOOO-25407 Amount 2 M,850.80 PR-Number PREQ 04-LEF-247.01 Accounting Data OSAVOOOGOO-2004-1 C2I3LBFA21-2BI1PSP000-25407 Amount $114,850.80 C. All other terns and conditions remain unchanged. Fxconl as provided hercir,Al terns and condiunn^of arc doeumenr reG:ru,ecd in rem 9A or ICA as yeremfn®ebo lee,rrmine mdunyed and is Cull form and cffeoo 15ANAME AND TITLE OF 31t1M Cfypc or prin0 I BA,NAME AND TITLE OF CONTRACriNG OFFI@R(Type orprint) �Chvl� 1 E Holly II.Bolger -Conlydcting Officer 15(3CONTRAC•f��RO ` ],C.`V0 SIGNE➢ IBE.Pt01713))Y,ATES qh AMERICA " YAjEAWTINED 20 0 E _ 6Yr�:em• W. ,a'37ps• ;nV� a. f11 '� i+ 4nrizcdt yOi (panatur"c o' nntraclme r f N'sN 7540-01.152.8070 [ �� 30-105 STANDARD CORM 30(AE 0.83) PREVIOUS EDITION UNUSARLF Prescribed by MA FAR(48 Tq53 243 ATTES City Clerk Mo i L) rLYEid�i a U CvCa1� G Icy`(?i;;7`- (c;MV COURi;:L DATE: April 21, 2004 TO: City Council FROM' Director of Aviation MODIFICATION NO. 3 TO LAW ENFORCEMENT REIMBURSABLE AGREEMENT BETWEEN THE TRANSPORTATION SECURITY ADMINISTRATION (TSA) AND THE CITY OF PALM SPRINGS RECOMMENDATION: It is recommended that the City Council approve reimbursement agreement Modification No. 3 with the TSA which replaces in its entirety the previous version of the Reimbursable Agreement for law enforcement officer (LEO) services for flexible law enforcement response at Palm Springs International Airport. SUMMARY: This action would increase police presence at the airport and allow for reimbursement for the costs from the TSA. Modification No. 3 adds additional funding to the Agreement for the period of April 1, 2004 through September 30, 2004. BACKGROUND: The TSA have allowed airports to return to flexible response to the security checkpoint w hich means officers need not be posted in close proximity to the security checkpoint at all times. The TSA offered to help fund some of the small airports in their effort to meet the flexible response criteria, and City Council approved the original reimbursement for additional law enforcement with the understanding that federal appropriations would be used to cover the costs of two additional officers assigned at the airport. The agreement is in four one year increments which is dependent upon Congress appropriating funds. Modification No. 3 adds additional funding to the Agreement for the period of April 1, 2004 through September 30, 2004, If for any reason the program is cancelled the officers would be absorbed via attrition back into the Police Department. This is a TSA standard form reimbursement agreement containing security sensitive information which may not be amended and is on file with the City Clerk's office. Attached please find a Minute Order and Modification No. 3 for City Council consideration, �Rl,✓FIARD� Aft'�F(, A.A. Director of Al iation?7 � APPROVER � City Managk REVIEWED BY DEPL OF FINANCE Attachments: 1. Minute Order 2. TSA Reimbursement Agreement Modification No. 3 MINUTE ORDER NO. 7475 APPROVING MODIFICATION NO, 3 TO LAW ENFORCEMENT REIMBURSABLE AGREEMENT BETWEEN THE TRANSPORTATION SECURITY ADMINISTRATION (TSA)AND THE CITY OF PALM SPRINGS, A04736 I HEREBY CERTIFY that this Minute Order, approving Modification No. 3 to law enforcement reimbursable agreement between the Transportation Security Administration (TSA) and the City of Palm Springs, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 21''day of April, 2004. PATRICIA A. SANDERS City Clerk r r Securit d -- -`� nn March29, 2004 Allen F Smoot Executive Director-Airports Palm Springs International Airport, (PSP) City of Palm Springs,Department of Aviation 3400 E Tahquitz Canyon Way, Suite OFC Palm Springs, CA 92262 Re: Modification to Law Enforcement Personnel Reimbursable Agreement between the Transportation Security Administration and the City of Palm Springs,Department of Aviation;Agreement#DTSA20-03-P-01577 (Agreement) Dear Allen F Smoot: Enclosed is your copy of Modification Number 3 to the above-referenced Agreement. It is not necessary for you to sign the modification. Modification Number 3 adds additional funding to the Agreement for the period of April 1,2004 through September 30,2004. If you have any questions,please do not hesitate to contact me by telephone at 571-227- 3036 or by email at hollv.bolger(a�,dhsov. Sincerely, Holly Iamilton Bolger Contracting Officer ✓ C(1 �1C L P /4/� Transportation Security Administration Y cc: Thomas Anthony, PSD •4 - • AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1.CONTRACT to CODE PAGE OF PAGES 1 1 2 AMENDMENT/MODIFICATION NO. 3.EFFECTIVE DATE 4.REQUISITION/PURCHASE REQ.NO. 5.PROJECT NO.(if applicable) 0001 01 -October-03 6.ISSUED BY CODE 7 ADMINISTERED BY(Ifothnr than Item 6) CODE S2404A Transportation Security Administration TSA Headquarters—West Building 4th Floor,TSA-25 601 South 12th Sheet Arlington,VA 22202-4220 Attention:Holly Hamilton Bolger, Office of Acquisitions 8.NAME AND ADDRESS OF CONTRACTOR(No.,street,county,Stare end ZIP Code) (✓) 9A.AMENDMENT OF SOLICITATION NO. City of Palm Springs,Department of Aviation(PSP) City of Palm Springs,Department of Aviation 3400 E Talrquitz Canyon Way,Suite OFC 9B.DATED(see item 11) Palm Springs,CA 92262 I OA.MODIFICATION OF CONTRACT/ORDER NO. Attn: Allen F Smoot DTSA20-03-P-01577 IOB.DATED(see mon 13) CODE 31902 FACILITY CODE X 8/14/2003 11.THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS The above numbered solicitation is amended as set forth in Item 14. The how and date specified for receipt of Offers is extended, is not extended. Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended,by one of the following methods: (a) By completing Items 8 and 15,and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted,or (c)By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER Hby virtue of this amendment you desire to change an offer already submitted,such change may be made by telegram or letter,provided each telegram or letter makes reference to the solicitation and Ibis amendment,and is received prior to fine opening how and date specified. 12.ACCOUNTING AND APPROPRIATION DATA(Ifmgiured) 13.THIS ITEM APPLIES ONLY TO MODIFICATION OF CONTRACTS/ORDERS, IT MODIFIES THE CONTRACT/ORDER NO.AS DESCRIBED IN ITEM 14. t!�1 A.THIS CHANGE ORDER IS ISSUED PURSUANT TO; (Specify authority) THE CHANGE SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO.IN ITEM 1 OA. B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES(such as changes in paying office, X appropriation date,etc)SET FORTH IN ITEM 14,PURSUANT TO THE AUTHORITY OF FAR 43.103(b) C.THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF D.OTHER(Specify type of modification and authority) E.IMPORTANT: Contractor X I is not, is required to sign tins document and return copies to the issuing office. 14.DESCRIPTION OF AMENDMENT/MODWICATION(Organized by UCF section heading,including solicitation/contract subject matter where feasible). A. Pursuant to Article XVIL Option to Extend Agreement,this modification exercises Option Year One of this Agreement with the limits and at the rates specified in Appendix A-1,which is subject to the availability of Federal funds. B. This modification revises the term of this Agreement as found in Article XVI.Effective Date and Term of Agreement, Amendments, and Modifications as follows: The effective date and term of this Agreement is June 1,2003 and shall continue in effect until September 30,2004,unless terminated earlier by the parties as provided herein. C. All other terms and conditions remain unchanged. Except as provided herein,all terms and conditions of the document referenced in Item 9A or I OA as heretofore chinned,remains unchanged and in full force and effect 15A NAME AND TITLE OF SIGNER(Type or print) 16A NAME AND TITLE OF CONTRACTING OFFICER(Type or punt) Holly H. Bolger -Contracting Officer 15B.CONTRACTOR/OFFEROR 75C DATE SIGNED 16B.UM'1D STATES OFAMERICA pp 16C.DATE SIGNED BY 4(2s o3 (Signature ofperson authorized to sign) (Sim ofConhacting Officer) F! NSN 7540-01-152-8070 30-105 STANDARD FORM 30(REV.10-83) PREVIOUS EDITION UNUSABLE Prescribed by GSA FAR(48 CFR)53.243 Agreement Number: DTSA20-03-P-01577 'jj, I",U)" 11YA", Reimbursement Agreement AGREEMENT #4736 Q�S�CU147�rY�� M07346, 7-23-03 ti C4 � pePARTMEN), �oOeLAND SECO °rr LAW ENFORCEMENT PERSONNEL REIMBURSEMENT AGREEMENT BETWEEN THE TRANSPORTATION SECURITY ADMINISTRATION AND THE CITY OF PALM SPRINGS, DEPARTMENT OF AVIATON DEPARTMENT OF HOMELAND SECURITY TRANSPORTATION SECURITY ADMINISTRATION REIMBURSEMENT AGREEMENT BETWEEN THE TRANSPORTATION SECURITY ADMINISTRATION AND CITY OF PALM SPRINGS, DEPARTMENT OF AVIATION REGARDING LAW ENFORCEMENT SERVICES AT PALM SPRINGS INTERNATIONAL AIRPORT (PSP) I. PARTIES The parties to this Reimbursement Agreement (RA) or otherwise referred to herein as "Agreement" are the Transportation Security Administration (TSA) and the City of Palm Springs, Department of Aviation. II. BACKGROUND On November 19, 2001, the President and Congress enacted the Aviation and Transportation Security Act(ATSA), P.L. 107-71, 115 Stat. 597, which established TSA as a new agency within the Department of Transportation (DOT). ATSA recognized the importance of security for all forms of transportation and related infi•astructure facilities. Moreover, ATSA grants broad authority to the Administrator of the Transportation Security Administration to oversee the security of aviation and transportation systems of the United States, including the deployment of law enforcement personnel (LEO) authorized to carry firearms at each airport security passenger- screening location to ensure passenger safety and national security. See 49 U.S.C. §§ 44901(g) and 44903(h). On November 25, 2002, the President and Congress enacted the Homeland Security Act of 2002, P.L. 107-296, 116 Stat. 2135, which creates the Department of Homeland Security(DHS). Pursuant to Section 1502 of the Homeland Security Act the President submitted a reorganization plan on November 25, 2002, which included transfer of TSA to the new DHS on or about March 1, 2003. Section 403 (2) of the Homeland Security Act transferred the functions of the Transportation Security Administration, including the functions of the Under Secretary of Transportation for Security to the Secretary of the Department of Homeland Security. On March 1, 2003, TSA transferred to DHS and the Secretary of the Department of Homeland Security delegated to the Administrator of the Transportation Security Administration his authority under Sections 403(2) and 423 of the Homeland Security Act. Transfer of TSA to DHS did not affect the duties and missions of TSA addressed by this RA. On February 20, 2003, the Consolidated Appropriations Resolution FY 2003, P.L. 108-7, (117 Stat. 11)was enacted providing for fiscal year 2003 appropriations. Section 351 of P.L. 108-7 created a new Section 44922 of Title 49 United States Code. 49 U.S.C. § 44922(0 provides authority for the Under Secretary(now the "Administrator" of the TSA) to "allow law enforcement personnel to be stationed other than at the airport security screening location if that would be preferable for law enforcement purposes and if such personnel would still be able to provide prompt responsiveness to problems occurring at the screening location." III. AUTHORITY Pursuant to the authority of ATSA, the Under Secretary(now Administrator) is authorized to order the deployment of law enforcement personnel authorized to carry firearms at each airport security passenger-screening checkpoint to ensure passenger safety and national security. See 49 U.S.C. §§ 114(f); 44901(g); 44903(h). Further, the Administrator has authority to order the deployment of a minimum level of LEOs at each airport security passenger-screening checkpoint. Id. For the 100 largest airports in the United States, the Administrator may order the deployment of additional law enforcement personnel at airport security passenger-screening checkpoint if the Administrator determines that the additional deployment is necessary to ensure passenger safety and national security. Id. In keeping with 49 U.S.C. § 44922(f), the Administrator may allow law enforcement personnel to be stationed at places other than the screening checkpoints if TSA determines that the law enforcement personnel will still be able to provide prompt responsiveness to the screening location. Working with the Airport Authority and law enforcement authorities, the Administrator may also order the deployment of personnel at any secure area of the airport to counter a risk to transportation security. 49 U.S.C. § 44903(h). In addition, pursuant to 49 U.S.C. § 44903(c), each Airport Authority is required to establish an air transportation security program that provides a law enforcement presence and capability at the airport that is adequate to ensure the safety of passengers. Much of the broad authority of the Administrator of the Transportation Security Administration provided by ATSA and the United States Code has been delegated to the Assistant Administrator for Aviation Operations and to the Federal Security Directors (FSDs). The powers that have been delegated to the FSDs include the authority to direct the overall security of aviation, the security of aircraft and airports and related facilities, and provide oversight for the implementation of security measures and deployment of law enforcement personnel. TSA enters into this RA under the authority of 49 U.S.C. §§ 106(m) and 114(m). TSA has programmatic authority for the activities undertaken in this RA pursuant to 49 U.S.C. §§ 114(g), 44901(g), 44903(e) and 44922(f). The City of Pahn Springs, Department of Aviation enters into this RA under the authority of City of Palm Springs, City Council Minute Order#7346, July 23, 2003. IV. SCOPE A. Purpose The purpose of this RA is to provide reimbursement (subject to the availability of appropriated funds) of the salaries of the City of Palm Springs, Police Department at the hourly rate, mutually agreed to by the parties in Appendix A of this RA, for providing qualified law enforcement services on-site at Palm Springs International Airport and to provide law enforcement response to the security passenger-screening checkpoints in keeping with requirements provided by TSA. This RA neither guarantees nor forbids reimbursement through other United States Government programs that may be available as long as the United States Goverment does not fund or 2 reimburse the City of Palm Springs, Police Department for the same expenses incurred by the qualified LEO in performing such services while assigned on-site at the airport to respond to the security passenger-screening checkpoints at Pahn Springs International Airport. The City of Palm Springs, Police Department is prohibited from seeking or obtaining double recovery for LEOs services performed at airports. B. Contributions of the Parties (1) The City of Palm Springs, Department of Aviation is responsible for providing qualified LEDs at airports in accordance with the most recent version of Security Directive 1542-01-07 (series), or other subsequent and superseding regulations or documents regarding law enforcement services regardless of the status of this RA. (2) TSA agrees to provide reimbursement pursuant to Appendix A for the cost of the qualified LEOs for on-site response to airport security passenger-screening checkpoints supplied by the City of Palm Springs, Police Department pursuant to the terms of this RA. Reimbursement is subject to the availability of appropriated funds and compliance with the requirements of the applicable Security Directive(s), the Airport Security Program, regulations or documents regarding law enforcement services as noted in Sub article (1) of this Paragraph above. Such appropriated funds shall cover such LEO services provided to the airport security passenger- screening checkpoints from execution of this RA while this RA remains in force in accordance with Article XVI, Effective Date and Term of Agreement, Amendments, and Modifications of this RA or until such time as this RA is terminated in accordance with Article XVIII, Termination. C. Resolution of Disagreements If the City of Palm Springs, Department of Aviation does not comply with all of the terms and requirements of this RA, or if a disagreement arises on the interpretation of the provisions of this RA, or modifications and/or revisions thereto that cannot be resolved at the operating level, the FSD will notify the Contracting Officer that a material breach or a need for an interpretation of this RA has occurred. The Contracting Officer will determine the materiality of the breach and/or resolution of the interpretation of the RA and the appropriate action(s) that may be taken. The Contracting Officer's determination and proposed action will be in writing and shall be presented to the City of Palm Springs, Department of Aviation by the Contracting Officer. A material breach and/or resolution of the interpretation of this RA may result in action by the Contracting Officer including but not limited to: suspension or termination of the RA; withholding and/or termination of reimbursement to the City of Palm Springs, Department of Aviation; assessment of a civil penalty against the Airport Authority or other entity or person; and action may be initiated to modify, suspend, or revoke approval of the Airport Security Program. If action based on noncompliance is taken, the Contracting Officer's determination of a material breach and associated action may be appealed to the Director, TSA Office of Acquisition. Appeals must be submitted in writing to the Director, TSA Office of Acquisition, via the Contracting Officer within thirty(30) days of receipt of the Contracting Officer's determination 3 that a material breach of this RA occurred. The appeal shall state the specific basis for contesting the Contracting Officer's determination. Should the City of Palm Springs, Department of Aviation have a continuing disagreement with the interpretation of the RA that interpretation may be appealed in accordance with Article XXI of this RA. V. FUNDING AND PAYMENT A. Estimated Costs The total estimated cost of this RA for fiscal year 2003 shall not exceed$74,346.80 as reimbursement for the City of Palm Springs, Police Department providing the required law enforcement services on-site at the airport for response to the security passenger-screening checkpoints in accordance with the terms of this RA, Security Directive 1542-01-07 (series), the Airport Security Program, or other subsequent and superseding regulations or documents regarding law enforcement services for aviation security. The total estimated cost of this RA will be revised annually either by modification of this RA or by purchase order. Reimbursement does not include reimbursement of any administrative fees or profit. The total estimated cost is considered to be a ceiling on incurred costs that the City of Palm Springs, Department of Aviation may not exceed (except at its own financial risk)without the written approval of the Contracting Officer. B. Ceiling on Costs The ceiling amount of this RA provided by Paragraph A of Article V. $74,346.80 may only be increased by mutual agreement of the parties. The funds presently available for payment and allotted to this RA are $74,346.80. It is estimated that this amount is sufficient to support providing the required law enforcement services on-site at the airport for response to the security passenger-screening checkpoints in accordance with the terms of this RA, Security Directive 1542-01-07 (series), the Airport Security Program, or other subsequent and superseding regulations or documents regarding law enforcement ser 7ices for aviation security and meeting the level of effort stated in Appendix A from date of award through September 30, 2003. C. Process for Funding This RA may be incrementally funded during the fiscal year subject to the availability of Federal funds. Funds presently available for payment and allotted to this RA are $74,346.80. PR Number 03-06X280-1577 Accounting Data 05X0508200 2003 102BLEFA212BI lPSP000 25305 Amount $74,346.80 4 D. Billing Instructions Invoices shall contain the information listed below. The City of Palm Springs, Department of Aviation shall submit invoices to the following with a full copy to the FSD: For FedEx or other overnight services: Tiffany Fabrizio DOT-FAA/TSA-AMZ-110 FAA Mailroom—Powership 6500 S. MacArthur Blvd., #370 Oklahoma City, OK 73169 For US Mail: Tiffany Fabrizio DOT-FAA/TSA-AMZ-110 PO Box 20582 Oklahoma City, OK 73125 Payment for work performed under this RA will be made as soon as possible after receipt of invoices, subject to review and approval by the Contracting Officer and other TSA designated representatives. Should any costs reflected on submitted invoices be questioned, the Contracting Officer may withhold all amounts in question until such time as the costs are determined to be allowable, allocable, and reasonable. Invoices shall be submitted no more frequently than monthly and shall only reflect unreimbursed incurred actual costs accumulated through the City of Palm Springs, Department of Aviation normal month-end accounting cutoff date. The City of Palm Springs, Department of Aviation invoice formats are acceptable. However, all invoices shall, as a minimum include the following: I. Reimbursable Agreement Number — this number appears at the top of the cover sheet for this RA. The complete number must be provided and will appear in the following alpha (A)-numeric (N) sequence: DTSA20-03-P-NNNNN 2. Invoice Date 3. Invoice Number 4. Name and Address of Party Requesting Reimbursement 5. Point of Contact, with Address, Telephone, Fax and Email Contact Information 6. Tax Identification Number 7. Period of Service for which Reimbursement is Requested (from and to dates) 8. Description of Services Performed 9. Total Number of Days Billed for Time Period 10. Rate per Hour 11. Supporting Documentation to include Time Sheets, Payroll Reports or Other Documentation that Substantiates the Amount of Reimbursement Requested 5 12. Miscellaneous Authorized Reimbursable Expenses 13. Total Amount of Reimbursement Requested 14. Electronic Funds Transfer(EFT) Banking Information 15. Remittance Address 16. Certification of Requester, including the following language: This is to certify that the services set forth herein were performed during the period stated and that incurred costs billed were actually expended. 17. Signature of Requester's Authorized Representative with Date The Department of Transportation will make payment using the Automatic Clearing House (ACH)Network, unless the City of Palm Springs, Department of Aviation requests a waiver. After award, but before submitting the first invoice, the City of Palm Springs, Department of Aviation shall designate a financial institution for receipt of electronic funds transfer payments. Said submission shall be done on a Standard Form 3881 which can be found at www.gsa.gov/forms. Submit this forni to the TSA Finance Office indicated for the receipt of invoices. E. Prompt Payment Notwithstanding any other payment clause in this RA, the Government will make invoice payments under the terms and conditions specified in this clause. Payment shall be considered as being made on the day a check is dated or an electronic funds transfer is made. All days referred to in this clause are calendar days, unless otherwise specified. (a) Imvoice Payments. (1) For purposes of this clause, invoice payment means a Government disbursement of monies to the City of Palm Springs, Department of Aviation under a contract or other authorization for supplies or services accepted by the Government. This includes payments for partial deliveries that have been accepted by the Govermment; final payments under T&M and labor-hour contracts, and final cost or fee payments where amounts owed have been settled between the Government and the City of Palm Springs, Department of Aviation. (2) Except as indicated in Sub article (a)(3) and Article (c) of this clause, the due date for making invoice payments by the designated payment office shall be the later of the following two events: (i) The 30th day after the designated billing office has received a proper invoice from the City of Palm Springs, Department of Aviation. 6 (ii) The 30th day after Government acceptance of supplies delivered or services performed by the City of Palm Springs, Department of Aviation. On a final invoice where the payment amount is subject to contract settlement actions, acceptance shall be deemed to have occurred on the effective date of the contract settlement. However, if the designated billing office fails to annotate the invoice with the actual date of receipt, the invoice payment due date shall be deemed to be the 30th day after the date the City of Palm Springs, Department of Aviation 's invoice is dated, provided a proper invoice is received and there is no disagreement over quantity, quality, or City of Palm Springs, Department of Aviation compliance with contract requirements. (3) An invoice is the City of Palm Springs, Department of Aviation 's bill or written request for payment under the contract for supplies delivered or services performed. An invoice shall be prepared and submitted to the designated billing officer specified in the contract. A proper invoice must include the items listed in Article V, Paragraph D above. If the invoice does not comply with these requirements, then the City of Palm Springs, Department of Aviation will be notified of the defect within seven(7) days after receipt of the invoice at the designated billing office. Untimely notification will be taken into account in the computation of any interest penalty owed the City of Palm Springs, Department of Aviation in the manner described in Sub article (a)(6) of this clause. (4) An interest penalty shall be paid automatically by the Goverment, without request from the City of Palm Springs, Department of Aviation, if payment is not made by the due date and the conditions listed in subdivisions (a)(4)(i) through (a)(4)(iii) of this clause are met, if applicable. (i) A proper invoice was received by the designated billing office. (ii)A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, or the City of Palm Springs, Department of Aviation 's compliance with any contract term or condition. (iii) In the case of a final invoice for any balance of finds due the City of Palm Springs, Department of Aviation for supplies delivered or services perforned, the amount was not subject to further contract settlement actions between the Government and the City of Palm Springs, Department of Aviation. (5) The interest penalty amount, interest rate and the period for which the interest penalty was computed, will be separately stated by the designated payment office on the check, in accompanying remittance advice, or, in the case of wire transfers, 7 by an appropriate electronic data message accompanying the wire transfer. If the designated billing office failed to notify the City of Palm Springs, Department of Aviation of a defective invoice within the periods prescribed in Sub article (a)(3) of this clause, then the due date on the corrected invoice will be adjusted by subtracting the number of days taken beyond the prescribed notification of defects period. Any interest penalty owed the City of Palm Springs, Department of Aviation will be based on this adjusted due date. Adjustments will be made by the designated payment office for errors in calculating interest penalties, if requested by the City of Palm Springs, Department of Aviation. (i)For the sole purpose of computing an interest penalty that might be due the City of Palm Springs, Department of Aviation, Government acceptance shall be deemed to have occurred constructively on the 7th day(unless otherwise specified in this contract) after the City of Palm Springs, Department of Aviation delivered the supplies or performed the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or the City of Palm Springs, Department of Aviation 's compliance with a contract provision. hi the event that actual acceptance occurs within the constructive acceptance period, the determination of an interest penalty shall be based on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to ftilfilling their responsibilities. (ii) The following periods of time will not be included in the determination of an interest penalty: (A) The period taken to notify the City of Palm Springs, Department of Aviation of defects in invoices submitted to the Government, but this may not exceed seven(7) days. (B) The period between the defects notice and resubmission of the corrected invoice by the City of Palm Springs, Department of Aviation. (C) Any period of delay caused by incorrect electronic funds transfer(EFT) information, in accordance with the EFT clause of this contract. (iii) Interest penalties will not continue to accrue after the filing of a claim for such penalties under Federal Aviation Administration 8 (TSA) contract disputes resolution procedures. Interest penalties of less than $1.00 need not be paid. (iv) Interest penalties are not required on payment delays due to disagreement between the Government and the City of Palm Springs, Department of Aviation over the payment amount or other issues involving contract compliance or on amounts temporarily withheld or retained in accordance with the terns of the RA. Contract disputes, and any interest that may be payable, will be resolved in accordance with TSA contract disputes resolution procedures. (6)An interest penalty shall also be paid automatically by the designated payment office, without request from the City of Palm Springs, Department of Aviation, if a discount for prompt payment is taken improperly. The interest penalty will be calculated as described in Sub article (a)(5) of this clause on the amount of discount taken for the period beginning with the first day after the end of the discount period through the date when the City of Palm Springs, Department of Aviation is paid. VI. AUDITS TSA shall have the right to examine or audit relevant financial records for a period of three (3) years after expiration of the terns of this RA. City of Palm Springs, Department of Aviation must maintain an established accounting system that complies with generally accepted accounting principles. A. Audit and Records As used in this clause, records includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form. B. Examination of Costs This is a labor-hour RA, under which the City of Palm Springs, Department of Aviation shall maintain and the Contracting Officer, Contracting Officer's Representative, or an authorized representative of the Contracting Officer shall have the right to examine and audit all records and other evidence sufficient to reflect properly all costs claimed to have been incurred or anticipated to be incurred directly or indirectly in performance of this RA. This right of examination shall include inspection at all reasonable times of the City of Palm Springs, Department of Aviation offices, or parts of them, engaged in performing the RA. 9 C. Cost or Pricing Data If the City of Palm Springs, Department of Aviation is required to submit cost or pricing data in comiection with any invoice or pricing action relating to this RA, the Contracting Officer or an authorized representative of the Contracting Officer, in order to evaluate the accuracy, and completeness, of the current cost or pricing data supporting the invoice or pricing action, shall have the right to examine and audit all of the City of Palm Springs, Department of Aviation 's records, including computations and projections, related to: (1) The proposal for the RA, and or subcontract, modification(s) thereto; (2) The communications conducted on the proposal(s), including information and data leading up to and concluding with Appendix A to the RA; (3) Pricing of the RA subcontract, or modification; or (4) Performance of the RA, subcontract or modification. D. Comptroller General The Comptroller General of the United States, or an authorized representative, shall have access to and the right to examine any of the City of Palm Springs, Department of Aviation 's directly pertinent records involving transactions related to this RA or a subcontract hereunder. This Article may not be construed to require the City of Palm Springs, Department of Aviation or subcontractor to create or maintain any record that the City of Palm Springs, Department of Aviation or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law. E. Reports If the City of Palm Springs, Department of Aviation is required to furnish cost, funding, or performance reports, the Contracting Officer or an authorized representative of the Contracting Officer, shall have the right to examine and audit the supporting records, invoices, and materials, for the purpose of evaluating: (1) The effectiveness of the City of Palm Springs, Department of Aviation 's policies and procedures to produce data and invoices compatible with the objectives of these reports; (2) The actual costs incurred and salaries paid by the City of Palm Springs, Department of Aviation of services performed; and (3) The accuracy and completeness of the data reported and invoices submitted. F. Availability The City of Palm Springs, Department of Aviation shall make available at its office at all reasonable times the records, materials and other evidence described in Articles (A), (B), (C), (D), and (E) of this clause, for examination, audit, or reproduction, until three (3) years after final payment under this RA, or for any longer period required by statute or by other clauses of this RA. In addition: 10 (1) If this RA is completely or partially terminated, the records relating to the work terminated shall be made available for three (3) years after any resulting final termination settlement; and (2)Records relating to appeals under the "Resolution of Disagreements" clause or to litigation or the settlement of contract disputes arising wider or relating to this RA shall be made available until such appeals, litigation, or contract disputes are finally resolved. G. Flow Down Clause The City of Palm Springs, Department of Aviation shall insert a clause containing all the terms of Article VI. of this RA, including this Paragraph (G), in all subcontracts under this RA: (1) That are labor-hours; (2) For which cost or pricing data are required; or (3) That require the subcontractor to furnish reports as discussed in Article VI. Paragraph (E) of this RA. This clause may be altered only as necessary to identify properly the contracting parties and the Contracting Officer under this RA. H. Refund of Payments The Contracting Officer has the right to demand the return of payments made to the City of Palm Springs, Department of Aviation should the Contracting Officer determine that the labor rates used to calculate invoiced requests for payment exceeds the actual costs incurred and expensed by the City of Palm Springs, Department of Aviation. VII. CONTRACTING OFFICER'S REPRESENTATIVE The Contracting Officer will designate a Contracting Officer's Representative (COR) to act as his or her authorized representative for contract administration functions which do not involve changes to the scope,performance, price, schedule, or terns and conditions of the RA. The designation will be in writing, signed by the Contracting Officer, and will set forth the authorities and limitations of the representative(s) under the RA. Such designation will not contain authority to sign contractual documents, order contract changes,modify contract terms, or create any commitment or liability on the part of the Government different from that set forth in the RA. The City of Palm Springs, Department of Aviation shall immediately contact the Contracting Officer if there is any question regarding the authority of an individual to act as a representative of the Contracting Officer under this RA. 11 The COR for this RA is: Holley Miller Transportation Security Administration TSA Headquarters,East Tower Floor#10, TSA-7 601 South 12"'Street Arlington, Virginia 22202 (571) 227-2463 VIII. RECORDS AND RELEASE OF INFORMATION In the course of service under this RA, LEOs will create records, such as investigative reports, on behalf of TSA and City of Palm Springs, Department of Aviation. These records may contain Sensitive Security Information. All Sensitive Security Information (SSI), as defined in 49 CFR Part 1520, shall be handled in accordance with TSA policies and regulations. LEOs assigned to work under this RA are subject to the provisions of 49 CFR Part 1520, Protection of Sensitive Security Information, because they act for, or carry out duties for, or on behalf of the Airport Authority. SSI may not be disclosed except in accordance with the provisions of that rile or where TSA otherwise approves. No LEO may provide testimony or produce records in legal proceedings that contain information acquired or developed as part of the performance of their duties under this RA, unless TSA has authorized the disclosure of that information. LEOs will be considered "employees"of TSA for purposes of the Department of Homeland Security regulations governing the disclosure of agency information in legal proceedings at 6 CFR Part 5, Subpart C, to the facts relevant to the legal proceeding, but will not be permitted to disclose sensitive security information, including non-public information about passenger and baggage screening procedures, or other non-public aviation security procedures and policies. IX. LEGAL DOCUMENTS Any summons, complaint, subpoena, or other legal document served upon a State or local LEO that is related to a legal proceeding that is in any way connected to, or arose from, his or her duties under this RA shall be promptly forwarded to the FSD or the FSD's designee for forwarding to TSA's Field Counsel. X. PROTECTION OF INFORMATION The parties agree that they shall take appropriate measures to protect proprietary,privileged, or otherwise confidential information that may come into their possession as a result of this RA, including SSI as explained in Article VIII above. 12 XI. MEDIA All media releases and other contact with or by media related to this RA and in accordance with the terms of this RA, Security Directive 1542-01-07 (series), the Airport Security Program, or other subsequent and superseding regulations or documents regarding law enforcement services for aviation security shall be referred to the Contracting Officer. XII. LIABILITY A. General Allocation of Liability Unless specifically addressed by the terns of this RA, the parties agree to be responsible for the negligent or wrongful acts or omissions of their respective employees. Congress has provided that the exclusive remedy for the negligent or wrongful act or omission of an employee of the United States government, acting within the scope of his or her employment, shall be an action against the United States under the Federal Tort Claims Act(FTCA), 28 U.S.C. §§ 1346(b), 2401(b), 2671-2680. If state or local LEOs performing duties under this RA are federally deputized or acting under the direct, day-to-day detailed supervision and control of a federal official, they may be treated as employees of the Government for FTCA purposes. The United States Department of Justice (DOJ) determines who is eligible for legal representation by the United States on a case-by-case basis. TSA, therefore, cannot guarantee that the United States will provide legal representation to any Federal, state, or local LEO or employee. The weight of authority, however, supports representation and liability coverage for federally deputized or supervised state or local LEOs acting within the scope of their federal duties. Liability for any negligent or willful acts of a deputized state or local LEO, undertaken outside the terms of Federal employment or deputation, will be the sole responsibility of the respective employee and agency involved. Liability for violations of Federal constitutional law rests with the individual pursuant to 42 U.S.C. § 1983 for state officers. However, both state and Federal officers enjoy qualified immunity from suit for constitutional torts, "insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. Fitzgerald, 457 U.S. 800 (1982). B. Federal Supervision and Control of State or Local LEDs State and local LEDs who have not been federally deputized may be considered employees of the Federal government for FTCA purposes if they are acting under the direct, day-to-day, detailed supervision and control of a Federal official pursuant to a written agreement. Federal supervision over the detailed physical performance of the work is necessary to support FTCA coverage of state or local LEOs. 13 C. Request for Representation and Substitution Under the Federal Employees Liability Reform and Tort Compensation Act of 1998, 28 U.S.C. § 2679(b)(1), the Attorney General or his or her designee may certify that an individual defendant acted within the scope of his employment at the time of the incident giving rise to the suit. See 28 U.S.C. § 2679(d)(2). The United States can then be substituted for the employee as the sole defendant; the individual employee is thereby protected from suits in his or her individual capacity. If the Attorney General declines to certify that an employee was acting within the scope of employment, "the employee may at any time before trial petition the court to find and certify that the employee was acting within the scope of his office or employment." 28 U.S.C. § 2679(d)(3). State or local LEOs may request representation by the DOJ for civil suits against them in their individual capacities for actions taken within the scope of federally deputized or supervised employment. 28 C.F.R. §§ 50.15, 50.16. An employee may be provided representation "when the actions for which representation is requested reasonably appear to have been performed within the scope of the employee's employment and the Attorney General, or his or her designee, determines that providing representation would otherwise be in the interest of the United States." 28 C.F.R. § 50.15(a). Pursuant to 28 C.F.R. § 50.15(a), state or local LEOs should have their supervisor submit a written request for representation together with all process and pleadings to the appropriate Federal Security Director, who will promptly provide the originals to the Chief Counsel, TSA with such information as may be required to clarify the question whether the state or local LEOs were acting within the course and scope of employment. TSA will then forward the request to the Civil Division of DOJ together with an agency recommendation concerning scope of employment and DOJ representation. 28 C.F.R. § 50.15 (a)(3). XIII. WORKERS' COMPENSATION City of Palm Springs, Police Department personnel injured while acting in the scope of their employment and performing duties for the Government under this RA are eligible for Federal workers' compensation if the Secretary of Labor determines that they were engaged in one or more of the activities described in 5 U.S.C. § 8191. In such circumstances, City of Palm Springs, Police Department personnel are barred from filing tort claims and State workers' compensation claims against the City of Pahn Springs, Police Department and against the law enforcement agency that otherwise employs them on a regular basis. XIV. OTHER PROVISIONS Nothing in this RA or any appendix thereto is intended to conflict with current law or regulation or the directives of DHS, TSA, or any other Executive Department. If a term of this RA or any appendix thereto is inconsistent with such authority, then that term shall be invalid to the extent 14 of such inconsistency,but the remainder of that term and all other terns and conditions of this RA and any appendix thereto shall remain in full force and effect. XV. RIGHTS AND BENEFITS Nothing in this RA is intended to diminish or otherwise affect the authority of any agency to carry out its statutory, regulatory, or other official functions, nor is it intended to create any right or benefit, substantive or procedural, enforceable at law by any party against the United States, its agencies or officers, state agencies or officers carrying out programs authorized under Federal law, or any other person. XVL EFFECTIVE DATE AND TERM OF AGREEMENT, AMENDMENTS,AND MODIFICATIONS This RA will become enforceable when signed by all parties. The effective date and term of this RA is June 1, 2003 and shall continue in effect until September 30, 2003, unless terminated earlier by the parties as provided herein. The termination of this RA by either party does not, in itself, relieve Palm Springs International Airport from compliance with any Federal law, rule, regulation, or directive in effect. Changes and/or modifications to this RA shall be in writing and signed by a TSA Contracting Officer and the City of Pahn Springs, Department of Aviation contact, Allen F Smoot, A.A.E., Executive Director-Airports. The modification shall cite the subject RA, and shall state the exact nature of the modification. No oral statement by any person shall be interpreted as modifying or otherwise affecting the terms of this RA. XVIL OPTION TO EXTEND AGREEMENT The TSA may elect to continue performance under this RA with the limits and at the rates specified in Appendix Al through A4 as applicable to this RA. This option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed five (5) years. The Contracting Officer may exercise the option by written notice to the City of Palm Springs, Department of Aviation within thirty(30) days of the end of the term of the RA. XVIII. TERMINATION In addition to any other termination rights provided by this RA, either party may terminate this RA at any time prior to its expiration date, with or without cause, and without incurring any liability or obligation to the terminated party(other than payment of amounts due and owing and performance of obligations accrued, in each case on or prior to the termination date) by giving the other party at least thirty(30) days prior written notice of termination. Termination by any party does not, in itself, relieve Palm Springs International Airport from compliance with any Federal law, rule, regulation, or directive in effect. In the event of termination or expiration of this RA, any funds that have not been spent or obligated for allowable expenses prior to the date of termination, and are not reasonably 15 necessary to cover termination expenses shall be unilaterally de-obligated via a modification to the purchase order that is issued as a result of this RA. XIX. ORDER OF PRECEDENCE In the event of any inconsistency between the terms of the RA or any law, regulation, or Security Directive, the inconsistency shall be resolved by giving preference in the following order: (1) Laws, Regulations, Security Directives (2) This RA, then (3) The Appendices to this RA XX. POINTS OF CONTACT The contacts of each party to this RA are: Holley Miller Contracting Officer's Representative Transportation Security Administration TSA Headquarters,East Tower, Floor#10, TSA-7 601 South l2"Street Arlington, Virginia 22202 Telephone: 571-227-2463 Email: holley.miller@dhs.gov Holly Hamilton Bolger Contracting Officer Transportation Security Administration TSA Headquarters, West Tower, Floor#4, TSA-17 601 South 12"'Street Arlington, Virginia 22202 Telephone: (571) 227-3036 Email: holly.bolger@dhs.gov Allen F Smoot,A.A.E. Executive Director-Airports City of Palm Springs, Department of Aviation Palm Springs International Airport 3400 E Tahquitz Canyon Way, Suite OFC Palm Springs, CA 92262 Telephone: 7601318-3800 Email:AlleuS@cipalm-springs.ca.us The parties agree that if there is a change regarding the information in this Article, the party making the change will notify the other parties in writing of such change. 16 XXI. RESOLUTION OF DISAGREEMENTS Should disagreement arise on the interpretation of the provisions of this RA, or amendments and/or revisions thereto, that cannot be resolved at the operating level, the area(s) of disagreement shall be stated in writing by each party and presented to the other party for consideration. If agreement on interpretation is not reached within thirty(30) days, the parties shall forward the written presentation of the disagreement to the TSA Assistant Administrator for Aviation Operations, who shall render-a decision regarding the disagreement with the concurrence of the Director, TSA Office of Acquisition and the TSA Deputy Chief Counsel for Procurement. This decision shall be final and not subject to further review. XXII. APPROVED BY The City Manager for the City of Pahn Springs, David H Ready and the TSA represent and warrant that they have fill authority to sign the instant document and bind the parties in question. DavidHReady �� 40eer City Manager Att st: City e f Palm Springs Cit Holly Hat ilton Bolger J Date Contracting Officer Transportation Security Administration Approved As To Form ALESHIRE & WYNDER, LLP ESKrRl:'VED BY 'THE CITY i OUNICIL City Attorney 17 APPENDIX A BASE YEAR-- FY 2003 (June 1, 2003 —September 30, 2003) Total Average On- Reimbursable Airport Code Site Hours Per Hourly Rate Daily Cost FY 2003 Costs Day PSP 20 $30.47 $609.40 $74,346.80 18 APPENDIX A-1 OPTION YEAR 1 -- FY 2004 (October 1, 2003—September 30, 2004) Total Average On- Reimbursable Airport Code Site Hours Per Hourly Rate Daily Cost FY 2004 Costs Day PSP 20 $31.38 $627.60 $229,701.60 19 APPENDIX A-2 OPTION YEAR 2 -- FY 2005 (October 1, 2004—September 30, 2005) Total Average On- Reimbursable Airport Code Site Hours Per Hourly Rate Daily Cost FY 2005 Costs Day PSP 20 $32.32 $646.40 $235,936.00 20 APPENDIX A-3 OPTION YEAR 3 -- FY 2006 (October 1, 2005— September 30, 2006) Total Average On- Reimbursable Airport Code Site Hours Per Hourly Rate Daily Cost FY 2006 Costs Day PSP 20 $33.29 $665.80 $243,017.00 21 APPENDIX A-4 OPTION YEAR 4 -- FY 2007 (October 1, 2006—September 30, 2007) Total Average On- Reimbursable Airport Code Site Hours Per Hourly Rate Daily Cost FY 2007 Costs Day PSP 20 $34.29 $685.80 $250,317.00 22