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Home My WebLink About5/1/2002 - STAFF REPORTS (10) DATE: May 1, 2002 TO: City Council FROM: Assistant Director of Aviation via Executive Director- Airports MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE PALM SPRINGS POLICE DEPARTMENT(PSPD)AND THE TRANSPORTATION SECURITY ADMINISTRATION (TSA) RECOMMENDATION: It is recommended that the City Council approve a memorandum of agreement (MOA) between the Palm Springs Police Department (PSPD) and the Transportation Security Administration(TSA)for passenger screening functions atthe Palm Springs International Airport (PSP). SUMMARY: Transportation Security Administration security directive (SD 1542-02-01) requires airports to sign a MOA with local law enforcement agencies to replace the National Guard at passenger screening locations for an interim period of time until federal law enforcement officials are assigned to the 429 commercial service airports across the country. BACKGROUND: Utilizing the standard form agreement provided by the TSA, the Airport, with the assistance of the Palm Springs Police Department, submitted a cost proposal for passenger screening services to the TSA on March 27,2002. Since that time, additional security mandates and contract revisions have been required by the TSA. A follow up proposal was sent on April 16, 2002. On April 17, 2002, Airport staff received tentative approval of the attached MOP,and is expected to receive signed copies prior to the May 1, 2002 Council Meeting. The Airport has one security checkpoint with two(2)lanes for passenger screening. The TSA has mandated that one(1)law enforcement officer with arrest authorities be present at each security checkpoint with oversight of screening functions up to but not exceeding six(6)passenger screening lanes while the checkpoint is operational. This is in addition to the officers already assigned to the airport. The operational hours for the security checkpoint are from 4:00 a.m. to 9:00 p.m. The term of the MOA is effective May 1, 2002 until December 1, 2003. The proposed cost of this service is estimated not to exceed$589,860. All cost associated with this law enforcement activity will be reimbursed by the TSA under the provisions of the MOA. The Airport Commission reviewed this MOA at its May 1, 2002 meeting and staff is recommending City Council approval in order to meet the pending deadline. 94 City Council - May 1, 2002 Memorandum of Agreement - TSA/PSPD Page 2 BA0WEz`,'�-Gliff IT Assistant Director of Aviation LEE,WEIGEL P lice Chief ALLEN F SMOO , A.A.E. Executive Director-Airports City Manager Attachments: Attachment 1 - Memorandum of Agreement Minute Order REVIEWED BY DEPI OF FINANCE X:\Word Perfect\City_Cou nci I\PS P_TSA_PS P D_M OA_050102ccr.wpd 8A42w Agreement No.: DTFA01-xxxxxxxx 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 hisei-t ^ tiiev , •�+��Palni Sprino-s Police Dehartnienti. 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 [-bisert nanie "{�^°rp&i4—eer SW, 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 Term orsuch time that this MOA is terminated in accordance with Article 9. (2) r'• ^ aine qft u °T'^ Rahn 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 - �� , Agreement No.: DTFA01-02xxxxxx 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, "'"fir 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 program questions: Alaskan Region: (AAL): Rupert Workman, (907) 271-2255 Western-Pacific Region (A WP): 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 Behrns (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 Harris, (718) 553-2568 Southwest Region(ASW): Michele Jekel, (817) 222-5732 Northwest Mountain Region(ANM): Steve Quinn, (425) 227-2723 !, TSA Program Office(please attemipt to contact regional nal representative firstl: 7 Final 3 Agreement No.: DTFA01-02xxxxxx 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 Non-FAA/TSA Party:(Insert Name of SHA point of contact Gary Jeandron Patrol Commander (760) 323-8119 GarvJ.Ena,ci.12alm-sprin2s.ca.us] 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 rrn insert not to weed (N a,r— To Be Dete.,,,;. ed (T�as reimbursement for Pisei—tP tm ` =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 rT, 9ei-, rr,.mee.f may not exceed (except at their own risk) without the written approval of the Contracting Officer. The ceiling amount of this agreement is [rn :.,..,,.-t ant,unt TRD $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 a rrn insert amount TBD$589,860.00j _It is estimated that this amount is sufficient to provide for performance from date of award through [CC) ifise t date TBP December 1, 20031. 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. 3 illSeFt,.r..me of eu n Palm Springs Police Department] must maintain an established accounting system that complies with generally accepted accounting principles. ARTICLE 8. CHANGES, MODIFICATIONS 80 Final 4 , Agreement No.: DTFA01-02xxxxxx Changes and/or modifications to this Agreement shall be in writing and signed by a Government Contracting Officer and the � &rep;-ese,itat';Ve OF d" e Car Jeandron, Patrol Commander] of nu,..,.-. , iie t#'oue Palni Sprin s Police Department]. 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 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. R4 Final 5 . AgreementNo.: DTFA01-02xxxxxx AGREED: his ., n�f&DM Palm Sprigs Police Department Federal Aviation Administration(for the TSA BY: David H. Ready BY: TITLE: City Manager TITLE: DATE: March 27, 2002 DATE: Appendix A (To be filled-out by S:HA): A B C D E Checkpoint Operating Ins/ Total Average Number of Row Totals: Designation 24-hour Period Daily Operating Posted Officers (multiply Hours' Required—This column C and Check oine column D CHKPT 1 18 HOURS 18 HOURS 1 18 Total Average - I8 Daily Hours: Final 6 � � AgreementNo.: DTFA01-02xxxxxx 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 1 officer for every 6 lanes. Normally this column will have a"1" or a"2" 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/ App'rovals 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 paper)' Daily Total $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) funds 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. 01 8 Final 7 MINUTE ORDER NO. APPROVING A MEMORANDUM OF AGREEMENT WITH THE TRANSPORTA- TION SECURITY ADMINISTRATION FOR THE PALM SPRINGS POLICE DEPARTMENT- PASSENGER SCREEN- ING FUNCTIONS AT THE PALM SPRINGS INTERNATIONAL AIRPORT. ------------------ I HEREBY CERTIFY that this Minute Order, approving a Memorandum of Agreement with the Transportation Security Administration for the Palm Springs Police Department passenger screening functions at the Palm Springs International Airport, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 1 s`day of May, 2002. PATRICIA A. SANDERS City Clerk ��