HomeMy WebLinkAbout7/23/2003 - STAFF REPORTS (8) DATE: July 's.3, 2003
TO: City Council
FROM: Executive Director - Airports and Chief of Police
TWO (2) ADDITIONAL POLICE OFFICERS AT THE PALM SPRINGS INTERNATIONAL
AIRPORT (PSP)
RECOMMENDATION:
It is recommended that City Council approve a reimbursement agreement, in the
stated Transportation Security Administration(TSA)form,with the TSAto reimburse
the airport for providing a flexible law enforcement response to the checkpoint for
twenty (20) hours per day, and amend the Allocated Positions and Compensation
Plan to add two (2) additional police officers for regularly scheduled duty at the
airport.
SUMMARY:
This action would increase police presence at the airport and allow for
reimbursement for the costs from the TSA.
BACKGROUND:
The TSA recently allowed airports to return to flexible response to the security
checkpoint which means officers need not be posted at 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 (not discussed here due to sensitive security
nature). The airport was notified that we were eligible for reimbursement. In
meeting with the Federal Security Director at our airport it was determined that the
best way to provide our flexible response in a greater fashion would be to
supplement the airport's police presence.
The attached reimbursement agreement from the TSA would provide for four (4)
years of reimbursements, commencing October 2003, to the airport for its flexible
response and would fully cover the costs of the two (2) additional officers and any
overtime necessary to meet the commitment until the new regular officers are
available for assignment at the airport. The agreement is in four (4) one (1) year
increments which is dependent upon Congress appropriating funds. 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
which may not be amended.
Attached please find a Minute Order which approves the entering into the
reimbursement agreement on a TSA form. Also please find an amendment to the
Allocated Positions and Compensation Plan to add the two (2) additional police
�9 o ficers.
ALLEN F. SMOOT, A. A. E. GARVYh A ANDIRON
Executive Director - Airports ( hi f'of Police
City Manager REVIEWED BY DK OF FINANCE
Attachments: 1. Minute Order 2. Resolution 3. Reimbursement Agreement
Agreement Number: DTSA20-03-P-01577
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DEPART110WE yTQ fi
AND SECURfrr
LAW ENFORCEMENT PERSONNEL
REIMBURSEMENT AGREEMENT
BETWEEN THE
TRANSPORTATION SECURITY ADMINISTRATION AND THE
[INSERT NAME OF AIRPORT AUTHORITY]
DEPARTMENT OF HOMELAND SECURITY
TRANSPORTATION SECURITY ADMINISTRATION
REIMBURSEMENT AGREEMENT BETWEEN
THE TRANSPORTATION SECURITY ADMINISTRATION
AND
[ENTER THE NAME OF THE AIRPORT AUTHORITY)
REGARDING LAW ENFORCEMENT SERVICES AT
PALM SPRINGS INTERNATIONAL AIRPORT, PSP
1. PARTIES
The parties to this Reimbursement Agreement (RA) or otherwise referred to herein as
"Agreement" are the Transportation Security Administration(TSA) and the [Nance of Airport
Authority].
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 infrastructure 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(f)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."
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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. §§
I14(g), 44901(g), 44903(e) and 44922(f).
The [name of the Airport Authority] enters into this RA under the authority of[enter the
authority of the Airport Authority to enter into the RA].
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 [Insert Nance of State or Local Law Enforcement Agency] 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
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other United States Government programs that may be available as long as the United States
Government does not fund or reimburse the [hisert Name of State or Local Law Enforcement
Agency] 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 Palm
Springs International Airport. The [Insert Name Of State Or Local Law Enforcement Agency] is
prohibited from seeking or obtaining double recovery for LEOs services performed at airports.
B. Contributions of the Parties
(1) [Insert Name of Airport Authority] is responsible for providing qualified LEOs 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
[Insert Name of State or Local Law Enforcement Agency] pursuant to the terns 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
XVIR, Termination.
C. Resolution of Disagreements
If the [hisert Name of Airport Authority] 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 [hrsert Name Airport Authority] 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 [Insert Name of Airport Authority];
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 detennination
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that a material breach of this RA occurred. The appeal shall state the specific basis for
contesting the Contracting Officer's determination. Should the [Airport Authority] 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 [Insert Name of State or Local Law Enforcement Agency] 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 [Insert Name of Airport
Authority] 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 terns 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 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 IPSPo00 25305
Amount $74,346.80
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D. Billing Instructions
Invoices shall contain the information listed below. [Name of Airport Authority] shall submit
invoices to the following with a fiill copy to the FSD:
For FedEx or other overnight services:
Tiffany Fabrizio
DOT-FAAJTSA-AMZ-110
FAA Mailroom—Powership
6500 S. MacArthur Blvd., #370
Oklahoma City, OK 73169
For US Mail:
Tiffany Fabrizio
DOT-FAAJTSA-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 [Name of Airport Authority] normal month-end
accounting cutoff date. [Name of Airport Authority] invoice formats are acceptable. However,
all invoices shall, as a minimurn include the following:
1. 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 Day
11. Supporting Documentation to include Time Sheets, Payroll Reports or Other
Documentation that Substantiates the Amount of Reimbursement Requested
12. Miscellaneous Authorized Reimbursable Expenses
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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 [Insert Name of Airport Authority] requests a waiver. After award,
but before submitting the first invoice, the [Insert the Name of Airport Authority] 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 form 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 terns 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) Invoice Payments.
(1)For purposes of this clause, invoice payment means a Government
disbursement of monies to the [Insert the Name of Airport Authority] 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 Government, 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 [Insert the Name of Airport Authority].
(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 [Insert the Nanie of Airport Authority].
(ii) The 30th day after Government acceptance of supplies
delivered or services performed by the [Insert the Name of Airport
Authority]. 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 [Insert
the Name of Airport Authority]'s invoice is dated, provided a
proper invoice is received and there is no disagreement over
quantity, quality, or [Insert the Name of Airport Authority]
compliance with contract requirements.
(3) An invoice is the [Insert the Name of Airport Authority]'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 [Insert the Name of Airport Authority] 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 [Insert the Name of Airport Authority] in the
manner described in Sub article (a)(6) of this clause.
(4) An interest penalty shall be paid automatically by the Government,
without request from the [Insert the Name of Airport Authority], 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 Govermnent documentation
authorizing payment was processed and there was no disagreement
over quantity, quality, or the [Insert the Name of Airport
Authority]'s compliance with any contract term or condition.
(iii) In the case of a final invoice for any balance of funds due the
[Insert the Name of Airport Authority] for supplies delivered or
services performed, the amount was not subject to further contract
settlement actions between the Government and the [Insert the
Name of Airport Authority].
(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,
by an appropriate electronic data message accompanying the wire transfer. If the
designated billing office failed to notify the [Insert the Name of Airport
Authority] of a defective invoice within the periods prescribed in Sub article
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(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 [Insert the Name of Airport Authority] 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
[Insert the Name of Airport Authority].
(i) For the sole purpose of computing an interest penalty that might
be due the [Insert the Name of Airport Authority], Government
acceptance shall be deemed to have occurred constructively on the
7th day(unless otherwise specified in this contract) after the [Insert
the Name of Airport Authority] delivered the supplies or
performed the services in accordance with the terns and conditions
of the contract, unless there is a disagreement over quantity,
quality, or the [Insert the Name of Airport Authority]'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 fulfilling 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 [Insert the Name
of Airport Authority] 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 [Insert
the Name of Airport Authority].
(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
(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 [Insert the Name of
8 514ID
Airport Authority] over the payment amount or other issues
involving contract compliance or on amounts temporarily withheld
or retained in accordance with the terms 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 [Insert the Name of Airport Authority], 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 [hisert the Name of Airport Authority]
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 terms of this RA. [Insert Name of Airport Authority] 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 [Insert the Name of Airport Authority] 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 [Insert the Name of the Airport Authority]
offices, or parts of them, engaged in performing the RA.
C. Cost or Pricing Data
If the [Insert the Name of the Airport Authority] is required to submit cost or pricing data in
connection 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 [Insert Name of Airport Authority]'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 infonnation 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 [Insert Name of Airport Authority]'s directly pertinent
records involving transactions related to this RA or a subcontract hereunder.
This Article may not be construed to require the [Insert the Name of Airport Authority] or
subcontractor to create or maintain any record that the [Insert Namme of Airport Authority] or
subcontractor does not maintain in the ordinary course of business or pursuant to a provision of
law.
E. Reports
If the [hisert the Naune of the Airport Authority] 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 [Insert Name of Airport Authority]'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 [Insert the Name of the Airport
Authority] of services performed; and
(3) The accuracy and completeness of the data reported and invoices submitted.
F. Availability
The [Insert the Name of the Airport Authority] 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:
(1) If this RA is completely or partially tenninated, 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 under or relating to this RA shall
be made available until such appeals, litigation, or contract disputes are finally resolved.
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G. Flow Down Clause
The [Insert the Name of the Airport Authority] 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 [Insert the
Name of the Airport Authority] 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 [Insert the Name of the Airport Authority].
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 terms 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 [hsert the Name of Airport Authority] 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.
The COR for this RA is:
Holley Miller
Transportation Security Administration
TSA Headquarters, East Tower
Floor#10, TSA-7
601 South 12°i Street
Arlington, Virginia 22202
(571) 227-2463
VIII. RECORDS AND RELEASE OF INFORMATION
In the course of service under this RA, LEDs will create records, such as investigative
reports, on behalf of TSA and [Insert Name Of Airport Authority]. 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 mile 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 tinder this RA, unless TSA has
authorized the disclosure of that information. LEDs 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.
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.
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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 rider the Federal Tort Claims Act (FTCA), 28
U.S.C. §§ 1346(b), 2401(b), 2671-2680.
If state or local LEOs perfonning 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).
C. 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.
D. 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.
13
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
[Insert the name of the State or Local Law Enforcement Agency] 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. hi such circumstances,
[insert the name of the State or Local Law Enforcement Agency] personnel are barred from
filing tort claims and State workers' compensation claims against the [insert the name of the
State or Local Law Enforcement Agency] 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
of such inconsistency,but the remainder of that term and all other terms 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,
14 ..; A `�
its agencies or officers, state agencies or officers carrying out programs authorized under Federal
law, or any other person.
XVI. EFFECTIVE DATE AND TERM OF AGREEMENT, AMENDMENTS, AND
MODIFICATIONS
This RA will become enforceable when signed by all parties. The effective date and tern 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 tennination 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 [Insert Name of Airport Authority point of contact]. 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.
XVII. OPTION TO EXTEND AGREEMENT
The TSA may elect to continue perfornance tinder this RA with the limits and at the rates
specified in Appendix Al through A 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 [Name of
Airport Authority] 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 tennination 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
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
hi 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:
15 �� /7
(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 12a Street
Arlington, Virginia 22202
Telephone: 571-22 7-2463
Entail: holley.miller@dlis.gov
Holly Hamilton Bolger
Contracting Officer
Transportation Security Administration
TSA Headquarters, West Tower, Floor#4, TSA-17
601 South 12`r`Street
Arlington, Virginia 22202
Telephone: (571) 227-3036
Entail: holly.bolger dhs.gov
[Name of the Airport Authority party's contact person]
[Title of the Airport Authority party's contact person/
[Address of'the Airport Authority party's contact person]
Telephone: [Telephone number of the other party's contact person]
Email.
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.
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 father review.
XXII. APPROVED BY
The[Insert Name ofparties signing the document]represent and warrant that they have full
authority to sign the instant document and bind the parties in question.
[Insert Name of Individual Signing for Airport A uthoriW Date
[Title]
[Agency]
NAME Date
Contracting Officer
Transportation Security Administration
17 5 /4 19
APPENDIX A
BASE YEAR-- FY 2003
(June 1, 2003 — September 30, 2003)
Total Average On- Average Hourly
Airport Code Site Hours Per Rate Daily Cost FY 2003 Costs
Day
PSP 20 $30.47 $609.40 $74,346.80
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APPENDIX A-1
OPTION YEAR 1 -- FY 2004
(October 1, 2003 —September 30, 2004)
Total Average On- Average Hourly
Airport Code Site Hours Per Rate Daily Cost FY 2004 Costs
Day
PSP 20 $31.38 $627.60 $229,074.00
19 ,514C-:�, /
APPENDIX A-2
OPTION YEAR 2 -- FY 2005
(October 1, 2004—September 30, 2005)
Total Average On- Average Hourly
Airport Code Site Hours Per Rate Daily Cost FY 2005 Costs
Day
PSP 20 $32.32 $646.40 $235,936.00
20 i ✓
APPENDIX A-3
OPTION YEAR 3 -- FY 2006
(October 1, 2005—September 30, 2006)
Total Average On- Average Hourly
Airport Code Site Hours Per 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- Average Hourly
Airport Code Site Hours Per Rate Daily Cost FY 2007 Costs
Day
PSP 20 $34.29 $685.80 $250,317.00
22 5 A QV
MINUTE ORDER NO.
APPROVING A REIMBURSEMENT
AGREEMENT BETWEEN THE CITY OF
PALM SPRINGS AND TRANSPORTATION
SECURITY ADMINISTRATION (TSA) ON A
TSA STANDARD FORM FOR
REIMBURSEMENT OF COSTS TO
PROVIDE TWENTY (20) HOURS PER DAY
FLEXIBLE RESPONSE TO THE PALM
SPRINGS INTERNATIONAL AIRPORT
(PSP) SECURITY CHECKPOINT.
- - - - - - - - - - - - - - - - - - - -
I HEREBY CERTIFY that this Minute Order approving a reimbursement
agreement between the City of Palm Springs and the Transportation
Security Administration (TSA) on a TSA standard form for reimbursement
of costs to provide twenty (20) hours per day flexible response to the Palm
Springs International Airport(PSP)security checkpoint,was adopted by City
Council of the City of Palm Springs, California in a meeting thereof held on
the 23rd day of July, 2003.
PATRICIA A. SANDERS
City Clerk
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING AMENDMENT #2 TO THE
ALLOCATED POSITIONS AND COMPENSATION PLAN,
ADOPTED BY RESOLUTION 20641.
WHEREAS an Allocated Positions and Compensation Plan was adopted effective June 18,
2003, for the 2003-04 fiscal year by Resolution No. 20641; and
WHEREAS the City Council desires to amend said Allocated Positions and Compensation
Plan to include the addition of two (2) Police Officers at the Palm Springs International
Airport.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, that
the Allocated Positions and Compensation Plan for positions in the City Service for fiscal year
2003-2004 is hereby amended as follows:
SECTION 1
Classification (Department) Range No. Added No. Deleted (Deletions)
Additions
Authorized Positions
Police Officer (Aviation) P45 2.00 2.00
Total authorized positions 2003-2004 Budget 442.75
Total (deletions) prior Amendments
Total additions prior Amendments
Total (deletions) this Amendment
Total additions this Amendment 2.00
Total authorized positions as amended 444.75
ADOPTED THIS day of 2003.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
CITY CLERK CITY MANAGER
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