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HomeMy WebLinkAboutA4491 - POLICE TSA TRANSPORTATION SECURITY MOAIUS Dept of Transportation •MOD with PSPD AGREEMENT #4491 M07066, 5-1-02 ���0� SEGURITI.9�� w l� O� A z O N � 5 pEPARTINFN;, \1jRpNSPORTgTio F LAW ENFORCEMENT PERSONNEL AGREEMENT ON BEHALF OF THE TRANSPORTATION SECURITY ADMINISTRATION April 18,2002 DEPARTMENT OF TRANSPORTATION TRANSPORTATION SECURITY ADMINISTRATION (TSA) Final 1 MEMORANDUM OF AGREEMENT (MOA) BETWEEN U.S. GOVERNMENT AND PALM SPRINGS POLICE DEPARTMENT ARTICLE 1. PARTIES The parties to this Memorandum of Agreement(MOA), or otherwise referred to herein as "Agreement," are the Government of the United States of America (Government) and Palm Springs Police Department. ARTICLE 2. SCOPE a. Purpose: The purpose of this Agreement is to provide financial relief in the form of full or partial reimbursement to: Palm Springs Police Department for its costs in fulfilling Security Directive SD 1542-02-01. The Security Directive takes precedence over anything in this MOA. This MOA neither guarantees nor forbids reimbursement through other programs that may be available as long as the United States Government does not fund the same expenses through different programs or agencies. b. Contributions of the Parties: (1) The Government agrees to reimburse or partially reimburse the cost of the law enforcement officers supplied by the SHA. Reimbursement is subject to the availability of appropriated funding for this purpose. Such funding shall cover services provided from inception of this agreement until such time as the TSA assumes responsibility for said services in accordance with Article 4, Effective Date and Tenn or such time that this MOA is terminated in accordance with Article 9. (2) Palm Springs Police Department is responsible for providing law enforcement officers in accordance with SD 1542-02-01 regardless of the status of this agreement. Currently, TSA plans to terminate this agreement when it has its own federal law enforcement personnel at the airport's Passenger Screening Locations. Final 2 ARTICLE 3. DEFINITIONS a. The "Supporting Host Agency" (SHA) is the organizational entity authorized to enter into this agreement. In most cases this will be the airport or its governing body. b. United States has the meaning in 49 USC 40102(41). c. The "Contracting Officer" (CO) is that person authorized to obligate funds on behalf of the U.S. Government. ARTICLE 4. EFFECTIVE DATE AND TERM The effective date and Term of this Agreement is May 1, 2002 and shall continue in effect until December 1, 2003 or until earlier terminated by the parties as provided herein. The TSA may choose to extend the term of this agreement, at its sole discretion, for up to an additional 90 days beyond the above stated completion date. The termination of this agreement by either party does not, in itself, relieve the airport from compliance with any federal law, rule, regulation, or directive in effect. ARTICLE 5. POINTS OF CONTACT For General prograrn questions: Alaskan Region: (AAL): Rupert Workman, (907) 271-2255 Western-Pacific Region (AWP): Bill Frank (310)420-6114 Don Harand (310) 725-3720 Southern Region (ASO): Mike Terrell, (404) 305-6865 Cathy Weaver, (404) 305-6841 Great Lakes Region (AGL): Dave Knudson, (847) 294-7107 Ken Beluns (847) 294-7817 New England Region (ANE): Mary Carol Turano, (781) 238-7720 Central Region (ACE): Bob Dickson (816) 329-3724 Eastern Region (AEA): Mr. Garfield Hands, (718) 553-2568 Southwest Region (ASW): Michele Jekel, (817) 222-5732 Northwest Mountain Region (ANM): Steve Quinn, (425) 227-2723 TSA Program Office (please attempt to contact regional representative first) Mr. Ron Neubauer (202) 493-2051; e-mail: Ron.Neubauer@ost.dot.gov Assistant: Mr. Todd Watanabe (202) 493-0994; e-mail: Todd.Watanabe@ost.dot.gov Final 3 Non-FAA/TSA Party: Gary Jeandron (760) 322-8119 FAA Contracting Officer: Ms. Kim Branch (703) 796-7118, fax: (703) 796-7176 ARTICLE 6. FUNDING AND PAYMENT a. The total estimated cost of this agreement shall not exceed $589,860.00 as reimbursement for Palm Springs Police Department providing the required law enforcement in accordance with SD 1542-02-01. Reimbursement does not include reimbursement of any fees or profit. This amount is considered a ceiling that Palm Springs Police Department may not exceed (except at their own risk) without the written approval of the Contracting Officer. The ceiling amount of this agreement is $589,860.00. This ceiling may be increased by mutual agreement of the parties. The amount presently available for payment and allotted to this Agreement is $31,527.00. It is estimated that this amount is sufficient to provide for performance from May 01, 2002 through May 31, 2002. This agreement may be incrementally funded pursuant to the availability of funds. b. This is not a funds obligating document. Funds will be obligated by a separate Purchase Order. ARTICLE 7. AUDITS The Government shall have the right to examine or audit relevant financial records for a period not to exceed three (3) years after expiration of the terms of this Agreement. Palm Springs Police Department must maintain an established accounting system that complies with generally accepted accounting principles. ARTICLE 8. CHANGES, MODIFICATIONS Changes and/or modifications to this Agreement shall be in writing and signed by a Government Contracting Officer and the City Manager of the City of Palm Springs. The modification shall cite the subject Agreement, 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 Agreement. ARTICLE 9. TERMINATION Final 4 a. In addition to any other termination rights provided by this MOA, either party may terminate this MOA 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 the airport from compliance with any federal law, rule, regulation, or directive in effect. b. In the event of termination or expiration of this Agreement, any funds which 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 de-obligated from this MOA. ARTICLE 10. ORDER OF PRECEDENCE In the event of any inconsistency between the terms of the Agreement or any law, regulation, or Security Directive, the inconsistency shall be resolved by giving preference in the following order: (a) Laws, Regulations, Security Directives (b) This MOA, then (c) The Appendices to this MOA ARTICLE 11. 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 Agreement. AGREED: CITY OF PALM SPRINGS Trans or curi Administration BY:��� ��— BY r' TITLE: City Manager TITLE: Program Director DATE-. DATE: ATTCST• 4 iB�Cr�i45�t�© 3;P TrI [PAY Final City Clerk 5 C���� �� '�� Appendix A (To be filled-out by SHA): A B C D E Checkpoint Operating hrs/ Total overage Number of Row Totals: Designation 24-hour Period Daily Operating Posted Officers (multiply Hours' Required—This column C and Checkpoint column D) CIIKPT 1 18 HOURS 18 HOURS 1 18 Total Average 18 Daily Hours: 1. To calculate Average Daily Operating Hours: Take the sum of all operating hours for the checkpoint for a 7-day period and divide by 7. 2. Requirement is I officer for every 6 lanes. Normally this column will have a"I" or a"T'. Final 6 Appendix B: Basis for Cost (To be filled-out by SHA): Requested Item Total Total Requested Does this Total TSA for Average Average Salary Rate rate Funds ONLY: Reimbursement Daily Supervisor /Hour include requested/ Approvals Hours Daily any Day (From Hours(7- overtime? Appendix day (All, A) average) partial, none) Posted Officers 18 $56.48 ALL $1,017.00 Supervisory/ Administrative Request for Additional Costs(May explain on a separate sheet of a er)4 Daily Total $1,017.00 $1,017. 00 Notes: 3. Reimbursement for supervision is normally reserved for the largest airports with several checkpoints. 4. Requests for direct and indirect costs (except salaries)will not normally be considered. However, airports may consider requesting Airport Improvement Program (AIP) fiords from the FAA. (However, this does not imply approval of AIP funds, which is a separate program that does not fall within this MOA.) Reasonable Administrative/Scheduling time may be considered here. Final 7