HomeMy WebLinkAboutResolution - 2002-R0381 - Memorandum Agreement For Funding Costs Associated With Aiport - 09/26/2002Resolution NO. 2002-RO381
September 26, 2002
Item No. 19
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Memorandum Agreement
between the Government of the United State of America and Lubbock International
Airport of the City of Lubbock, for funding costs associated with new, additional, or
revised security requirements imposed on Lubbock International Airport in fulfilling
Security Directive SD 1542-01-07, and all related documents. Said Agreement is
attached hereto and incorporated in this Resolution as if fully set forth herein and shall be
included in the minutes of the Council.
Passed by the City Council this 26th day of September
YOR
ATTEST:
Reb cca Garza, City Secretary
APPROVE AS O CONTENT:
Mar le, Director of Aviation
APPROVED AS TO FORM:
Linda L. Chamales, Supervising Attorney
Office Practice Section
Lc: L/A=/Linda/RES-Security MOA
Resolution No. 2002-RO381
September 26, 2002
Item No. 19
LAW ENFORCEMENT PERSONNEL AGREEMENT
ON BEHALF OF THE
TRANSPORTATION SECURITY ADMINISTRATION
August 12, 2002
DEPARTMENT OF TRANSPORTATION
TRANSPORTATION SECURITY ADMINISTRATION (TSA)
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Resolution No-:. 2002-RO381
MEMORANDUM OF AGREEMENT (MOA) BETWEEN
U.S. GOVERNMENT
AND
Lubbock International Airport
Lubbock. TX
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
Lubbock International Airport.
ARTICLE 2. SCOPE
a. Purpose:
The purpose of this Agreement is to provide financial relief in the form of full or partial
reimbursement to: Lubbock International Airport, for its costs in fulfilling Security
Directive SD 1542-01-07 (SERIES). 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 or such time that this
MOA is terminated in accordance with Article 9.
(2) Lubbock International Airport is responsible for providing law enforcement officers
in accordance with SD 1542-01-07 (SERIES) 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.
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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).
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 10, 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):
Western -Pacific Region (AWP):
Southern Region (ASO):
Great Lakes Region (AGL):
New England Region (ANE):
Central Region (ACE):
Eastern Region (AEA):
Southwest Region (ASW):
Northwest Mountain Region (ANM)
Rupert Workman, (907) 271-2255
Bill Frank (310) 420-6114
Don Harand (310) 725-3720
Mike Terrell, (404) 305-6865
Cathy Weaver, (404) 305-6841
Dave Knudson, (847) 294-7107
Ken Behrns (847) 294-7817
Mary Carol Turano, (781) 238-7720
Bob Dickson (816) 329-3724
Mr. Garfield Harris, (718) 553-2568
Michele Jekel, (817) 222-5732
Steve Quinn, (425) 227-2723
TSA Program Office (please attempt to contact regional representative first
Mr. Joe DePalma (202) 493-1289
Non-FAA/TSA Party: Lubbock International Airport
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ARTICLE 6. FUNDING AND PAYMENT
a. The total estimated cost of this agreement shall not exceed $292,352.00 providing the
required law enforcement in accordance with SD 1542-01-07 (SERIES). Reimbursement
does not include reimbursement of any fees or profit. This amount is considered a ceiling
that Lubbock International Airport may not exceed (except at their own risk) without the
written approval of the Contracting Officer.
The ceiling amount of this agreement is $292,352.00. This ceiling may be increased by
mutual agreement of the parties. The amount presently available for payment and
allotted to this Agreement is $58,368.00. It is estimated that this amount is sufficient to
provide for performance from date of award through August 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.
Lubbock International Airport 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 Lubbock International Airport. 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.
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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:
Lubbock Internatio r rt
BY:
TITLE: Mayor, ity of Lubbock
DATE: September 26, 2002
ATTEST:
Rebecca Garza, City Secretary
APPROVED TO ONTENT:
Mark ar e, Director of on
Transportation Security Administration
BY:
TITLE: Joseph DePalma, Program Director
DATE: a( / �/
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APPROVED AS TO FORM:
Linda Chamales, Supervising Attorney
Office Practice
Resolution No. 2002-R0381
Appendix A (To be filled -out by SHA):
A
B
C
D
E
Checkpoint
Designation
Operating hrs /
24-hour Period
Total Average
Daily Operating
Hours'
Number of
Posted Officers
Required — This
Checkpoint2
Row Totals:
(multiply
column C and
column D)
Single
Checkpoint
17
17
1
17
Total Average
Daily Hours:
17
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 6lanes. Normally this column will have a "1"
or a "2".
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Resolution No. 2002—RO381
Appendix B: Basis for Cost (To be filled -out by SHA):
Requested Item
Total
Total
Requested
Does this
Total'
for
Average
Average
Salary Rate
rate
Funds_.
Reimbursement
Daily
Supervisor
/ Hour
include
requested /
}
Hours
Daily
any
Day
(From
Hours (7-
overtime?
Appendix
day
(All,
A)
average)
partial,
none
Posted Officers
17
30.07
Partial
511.19
Supervisory/
Administrative'
Request for
Additional
Costs (May
explain on a
separate sheet of
paper)'
Daily Total
511.19
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
AEP funds, which is a separate program that does not fall within this MOA.)
Reasonable Administrative/Scheduling time may be considered here.
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