HomeMy WebLinkAbout07/10/2018 06G TSA Other Transactional AgreementBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
1
Item No. 6.G.
For Meeting of: July 10, 2018
ITEM TITLE: Resolution executing an Other Transaction Agreement with the
Transportation Security Administration at the Yakima Air Terminal -
McAllister Field
SUBMITTED BY: Robert K. Peterson, Airport Director, 509-575-6149
SUMMARY EXPLANATION:
The Transportation Security Administration (TSA) conducts passenger screening operations as
passengers prepare to depart from the main terminal building. This Other Transaction
Agreement (OTA) reimburses the airport for TSA's electrical usage to operate their screening
equipment. Additionally, the agreement reimburses the airport for providing janitorial services
within the designated security checkpoint to ensure a clean facility for our passengers.
The agreement allocates $23,350.20 of revenue over the next five years starting on August 1,
2018 and terminating on July 31, 2023. Payments are received on a monthly basis throughout
the term of the agreement.
ITEM BUDGETED:
Yes
STRATEGIC PRIORITY: Partnership Development
APPROVED FOR
SUBMITTAL:
City Manager
STAFF RECOMMENDATION:
Adopt Resolution
BOARD/COMMITTEE RECOMMENDATION:
N/A
ATTACHMENTS:
Description Upload Date Type
2
0 Resdution 6/14/2018 Resdution
0 OTA 6/12/2018 ac
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RESOLUTION NO. R -2018-
A RESOLUTION authorizing an "Other Transactional Agreement" with the Transportation Security
Administration for use of services at the Yakima Air Terminal -McAllister Field.
WHEREAS, City owns and operates Yakima Air Terminal -McAllister Field in accordance with
applicable Federal, State and Local regulations; and
WHEREAS, the Transportation Security Administration (TSA), a branch of the Department of
Homeland Security, utilizes approximately 736 square feet of space in the main airport terminal located
at 2300 West Washington Avenue for passenger screening procedures; and
WHEREAS, the TSA establishes "Other Transactional Agreements" to establish the terms by
which they will reimburse airports for the cost of electricity to operate security equipment and for
janitorial services to ensure the security checkpoint is functional and clean as passengers traverse the
security access point; and
WHEREAS, the City of Yakima and TSA have negotiated a "Other Transactional Agreement",
attached hereto and incorporated herein by this reference, to provide reimbursement to the City for
electrical and janitorial service costs associated with the operation and upkeep of the passenger
security checkpoint within the terminal building at the Yakima Air Terminal -McAllister Field; and
WHEREAS, the City Council has determined that approval of this agreement is in the best
interest of the City of Yakima and will promote the purposes of the Yakima Air Terminal -McAllister
Field; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute and administer the "Other Transactional
Agreement" with the Transportation Security Administration, a Department of Homeland Security,
attached hereto and incorporated herein by this reference.
ADOPTED BY THE CITY COUNCIL this 10th day of July, 2018.
ATTEST: Kathy Coffey, Mayor
Sonya Claar Tee, City Clerk
4
a * *
Transportation
Security OTHER TRANSACTION AGREEMENT
1.yrv:.,xmmsf M. �rAdministration
OTA NUMBER:
REQUISITION NUMBER:
70T01018T9NCKP091
2118208CKP091
ISSUED TO:
ISSUED BY:
City of Yakima
Yakima Air Terminal — McAllister Field
2406 W. Washington Avenue, Suite B
Yakima, WA 98903
Attn: Robert K. Peterson
Airport Manager
Phone: 509-575-6149
Email: rob.peterson@yakimaairterminal.com
EIN: 916001293
DUNS: 078212651
Transportation Security Administration
Office of Contracting and Procurement
Workforce & Enterprise Operations Acquisition
Division
601 S 12t'' Street
Arlington, VA 20598-6025
Contract Specialist: Mary Earnhart
Phone: 571-227-3287
Email: mary.earnhart@tsa.dhs.gov
PROGRAM
Program: Other Transaction Agreement (OTA) for Use of Space and Cost Reimbursement for TSA
Security Checkpoint and Baggage Screening Areas.
Five -Year OTA Period of Performance: August 1, 2018 to July 31, 2023
Current Period of Performance: August 1, 2018 to July 31, 2019
NAICS: 488119
PSC: S112
FISCAL DATA
Accounting Line: See page 3 for Accounting and Appropriation Data
Total Estimated Five -Year OTA Value: $23,350.20
Current Obligated Amount: $4,670.04
PURPOSE
The purpose of this Other Transaction Agreement is to establish the terms and conditions for the use of
space and obligate funding for the reimbursement of fixed electrical and janitorial costs at the TSA
security checkpoint and baggage screening areas at Yakima Air Terminal — McAllister Field (YKM).
AUTHORIZED SIGNATURES
IN WITNESS WHEREOF, the Parties have entered into this Agreement by their duly authorized officers.
Participant's Signature Date
Contracting Officer's Signature
Sophia Woodward, Contracting Officer
Date
Typed Name and Title
Typed Name and Title
5
1. SCHEDULE OF ITEMS/PRICES
Total estimated OTA value for the base year and four option years:
CLIN
Description.
Period of Performance
Qty
Unit
Pro -Rated
Monthly
Amount
Annual
Amount
00001
Year One: Base OTA Period
Fixed TSA Electrical Costs
August 1, 2018 — July
31, 2019
12
Month
$124.71
$1,496.52
00002
Year One: Base OTA Period
Fixed Janitorial Costs
August 1, 2018 — July
31, 2019
12
Month
$264.46
$3,173.52
10001
Year Two: Option Period One
Fixed TSA Electrical Costs
August 1, 2019 — July
31, 2020
12
Month
$124.71
$1,496.52
10002
Year Two: Option Period One
Fixed TSA Janitorial Costs
August 1, 2019 — July
31, 2020
12
Month
$264.46
$3,173.52
20001
Year Three: Option Period Two
Fixed TSA Electrical Costs
August 1, 2020 — July
31, 2021
12
Month
$124.71
$1,496.52
20002
Year Three: Option Period Two
Fixed TSA Janitorial Costs
August 1, 2020 — July
31, 2021
12
Month
$264.46
$3,173.52
30001
Year Four: Option Period Three
Fixed TSA Electrical Costs
August 1, 2021 — July
31, 2022
12
Month
$124.71
$1,496.52
30002
Year Four: Option Period Three
Fixed TSA Janitorial Costs
August 1, 2021 — July
31, 2022
12
Month
$264.46
$3,173.52
40001
Year Five: Option Period Four
Fixed TSA Electrical Costs
August 1, 2022 — July
31, 2023
12
Month
$124.71
$1,496.52
40002
Year Five: Option Period Four
Fixed TSA Janitorial Costs
August 1, 2022 — July
31, 2023
12
Month
$264.46
$3,173.52
Total Estimated OTA Value:
$23,350.20
2. Current Obligated Amount
** The annual amount has been rounded for invoicing purposes.
Page 2 of 16 70T01018H9NCKP091
Annual Amount
Pro -rated
Monthly Amount
Months
Obligated Amount
Electrical Costs **
$1,496.52
$124.71
12
$1,496.52
Janitorial Costs **
$3,173.52
$264.46
12
$3,173.52
Total Amount
$4,670.04
$389.17
$4,670.04
** The annual amount has been rounded for invoicing purposes.
Page 2 of 16 70T01018H9NCKP091
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3. Accounting and Appropriation Data
Funding is obligated in accordance with the following Accounting and Appropriation Data:
Purchase Request
Item #
Services
Amount
Accounting Code
2118208CKP091
00001
Electrical
$1,496.52
50S 189A000D2018SWE070GE
000077006400648REM-
5903001408080000-233T-TSA
DIRECT -DEF. TASK
2108208CKP091
00002
Janitorial
$3,173.52
50S 189A000D2018 S WE070GE
000077006400648REM-
5903001408080000-2540-TSA
DIRECT -DEF. TASK
Total Amount
$4,670.04
4. Total Obligated Funding
The total obligated funding for this Agreement is $4,670.04.
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ARTICLE I — PARTIES (FEB 2017)
This Other Transaction Agreement (hereinafter referred to as "Agreement" or "OTA") is entered into between the
United States of America (hereinafter referred to as the "Government") Transportation Security Administration
(hereinafter referred to as "TSA") and the Yakima Air Terminal — McAllister Field The TSA and the Yakima Air
Terminal — McAllister Field (hereinafter referred to as the "Airport") agree to cooperate in good faith and to perform
their respective obligations using their cooperative good faith efforts in executing the purpose of this Agreement.
ARTICLE II — AUTHORITY (FEB 2017)
TSA and the Airport enter into this Agreement under the authority of the Aviation and Transportation Security Act
(ATSA), Pub. L. 107-71, 115 Stat. 597, specifically 49 U.S.C. 114(m), and 106(1) and (m), which authorizes
agreements and other transactions on such terms and conditions as the Administrator determines necessary.
ARTICLE III — INTRODUCTION, BACKGROUND, PURPOSE AND SCOPE (FEB 2017)
A. Introduction
ATSA requires TSA to deploy TSA personnel to screen all passengers, property and baggage at all airports and to
establish a program to screen cargo and ensure perimeter access security. In order to carry out this statutory
mandate, it is necessary for TSA to use certain airport space and facilities defined under federal law as "necessary
security checkpoints" (hereinafter referred to as "Space")
B. Background
Beginning in 2003, TSA awarded agreements to airport authorities to define the terms and conditions for TSA's
use of federally -mandated checkpoint space at airports and to provide a vehicle for reimbursing electrical
consumption and/or janitorial costs for the TSA security checkpoint space.
C. Purpose
C.1. This Agreement establishes TSA's use of the security checkpoints TSA needs to conduct baggage and
passenger screening under the requirements of ATSA and other applicable federal laws. In order to provide
airport security in a manner that meets the requirements of ATSA, it is necessary for TSA to use existing
checkpoint space, and, in some cases, to expand checkpoint space.
C.2. This Agreement supersedes all previous agreements and amendments concerning TSA's reimbursement to the
Airport for electrical consumption and janitorial costs at screening checkpoints and baggage areas.
D. Scope
TSA has a requirement to establish the terms and conditions for TSA's use of federal -mandated checkpoint space
at airports and provide a vehicle for the reimbursement of electrical consumption and janitorial costs for this
checkpoint space at the respective airports.
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E. Use of Property
E.1. The city is the owner and operator of that certain airport known as Yakima Air Terminal — McAllister
Field, located in Yakima County, State of WA and having an address at 2406 W. Washington Avenue,
Yakima WA 98903 ("Property").
E.2. This Agreement covers the use of space that TSA reasonably believes is necessary for passenger and
baggage screening operations. The specific areas covered by this Agreement (which are referred to herein
as "Space") are set out on Exhibit 1A. The Space may be expanded or altered, and Exhibit lA amended
accordingly, at the written request of TSA and upon the written approval of Airport, such approval not to be
unreasonably withheld, conditioned or delayed. If Airport does not provide such approval, TSA may
proceed pursuant to its legal authority to provide security at airport checkpoints. In addition, temporary
additions to and deletions from the Space, or temporary adjustments thereto, may be made at the verbal
request of the TSA. TSA's use and occupancy of other areas at the Property, such as offices for the Federal
Security Manager and staff and other areas not deemed necessary checkpoint space, have been or will be
obtained through a separate lease agreement between Airport and the U.S. General Services Administration,
acting on behalf of TSA.
E.3. The ATSA authorizes TSA to acquire real property by purchase, lease, condemnation, or otherwise. This
Agreement shall not be considered a waiver of any rights that TSA may assert under ATSA with respect to
the acquisition of property, nor with respect to TSA's authority to enter onto any Airport property to
address security concerns; nor shall this Agreement waive any rights that the Airport may assert in
connection with such acquisition.
E.4. Airport provides the Space to TSA in "AS IS" condition as of the Effective Date of this Agreement.
F. No Rent
Pursuant to Section 511 of the Department of Homeland Security Appropriations Act, 2005, Pub. Law 108-334,
118 Stat. 1298 (October 18, 2004), Airport agrees to provide use of the Space at no cost to TSA as a part of its
obligation to comply with a security program and in recognition of the benefits that TSA's security function
provides to Airport, passengers and others entering airport property. Airport reserves the right to impose rental
charges for the Space if federal law requires TSA to pay rent for checkpoint space in the future.
ARTICLE IV — RESPONSIBILITIES (FEB 2017)
TSA'S Operational Activities at Airport
The Airport hereby agrees that TSA has the following rights and privileges:
1. The right to use the Space in connection with its screening and security operations at the Property, including
but not limited to the right to establish and use security checkpoints, to place and operate screening equipment,
to screen passengers and their property, baggage, and cargo and to perform such other activities and locate
such other equipment as TSA deems necessary for TSA to perform its passenger and baggage screening
function under federal law.
2. TSA shall not be responsible for any restoration costs when such cost is the result of the Airport's request to
remove or relocate TSA equipment.
Page 5 of 16 70T01018H9NCKP091
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3. The rights to install, operate, maintain, repair, remove, and store equipment necessary for TSA's operations
within the Space. TSA agrees to give notice to Airport and coordinate their screening activities with Airport
whenever possible. To the extent required under federal law, TSA's contractor will obtain all state and local
permits required to perform any work under this paragraph.
4. The right to refuse additions, improvements, modifications, revisions or other alterations within the Space by
Airport, including the installation of fixtures and placement of personal property, that TSA reasonably believes
may interfere with TSA's use of the Space.
5. Airport will provide TSA employee parking spaces according to its customary, non-discriminatory practices
for employees of other governmental entities, including payment of applicable fees, if any. Such practices and
fees shall be set out in a separate agreement between the Parties.
6. TSA is responsible for its own telecommunications services; however, if the Airport has a Shared Tenant
Services policy, TSA may use such system upon payment of any applicable charges pursuant to a separate or
modified agreement between Airport and TSA. TSA agrees to coordinate with Airport so as to not overload
the electrical, plumbing or HVAC systems associated with the Space. TSA will not install or cause to be
installed equipment or machinery that will place a load upon any floor exceeding the load per square foot area
that such floor was designed to carry.
7. Airport will maintain and keep in good repair the Space, including electrical, plumbing, and HVAC systems.
8. With the prior consent of TSA, such consent not to be unreasonably withheld, Airport may enter the Space
used by TSA for the performance of Airport's obligations under federal law or other lawful purpose.
Notwithstanding the foregoing, Airport will comply with all applicable federal security requirements
(including badging and maintenance of sterile area) and will use its best efforts to minimize the disruption of
TSA operations.
9. The Airport is responsible for janitorial services in the TSA passenger and baggage screening areas to include
clean-up of bio -hazardous spills in accordance with 29 CFR 1910.1030.
ARTICLE V - EFFECTIVE DATE AND TERM (FEB 2017)
This Agreement shall commence on the Effective Date, August 1, 2018, and shall continue for a term of one (1) year
(the "Term") or so long as federal law requires TSA to perform screening functions at the Airport, whichever is
sooner.
This Agreement may be extended for four (4) one (1) year terms ("Option Terms") on each anniversary of the
Effective Date unless terminated as provided in Article XIII, not to exceed five (5) years.
ARTICLE VI — ACCEPTANCE AND TESTING (FEB 2017) (RESERVED)
ARTICLE VII - FUNDING AND LIMITATIONS (FEB 2017)
For the initial 12 -month Term of this Agreement, TSA shall be obligated to pay no more than $4,670.04 for
performance of this Agreement. Funding of the Option Terms shall be provided upon TSA's exercise of said option.
Funding for all option years is subject to the availability of funds.
After the initial 12 -month term, annual funding shall be unilaterally awarded by TSA at the current funding level
unless the Airport requests an amendment to the Agreement. OTA modifications that amend the Agreement shall be
bilaterally awarded.
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The Airport shall submit a proposed amendment with all required documentation to substantiate the proposed changes
to this Agreement no later than 60 days prior to the current period of performance expiration date. All changes shall
become effective upon the execution of a modification to this Agreement. In no event shall TSA be liable for any
expenses incurred by the Airport unless previously agreed to by TSA.
ARTICLE VIII — BILLING PROCEDURE AND PAYMENT (FEB 2017)
The United States Coast Guard Finance Center ("FINCEN") performs the payment function on behalf of the TSA.
Registration in the System for Award Management (SAM) is mandatory for invoice payment. For information
regarding SAM, please refer to https://www.sam.gov/portal/public/SAM.
A. Payment / Performance Provisions
The Parties hereby agree to the following:
A.1.
Upon receipt of a Proper Invoice from the Airport, TSA shall reimburse the Airport for the costs of
electrical consumption by TSA screening equipment located in Exhibit 1A ("TSA Space Summary") in
an amount calculated in accordance with the cost allocation methodology set forth in Exhibit 2
("Electrical Costs") for the period of service indicated in the invoice.
A.2. The Airport shall provide janitorial and cleaning services and supplies as may be necessary or required in
the operation and maintenance of the Space at a level generally consistent with the janitorial standards for
space throughout the terminal complex and including, at a minimum, the janitorial and cleaning services
and service frequencies set forth in Exhibit 3 ("Janitorial Services").
A.3. Upon receipt of a Proper Invoice from the Airport, TSA shall reimburse the Airport for its pro -rata share
of Airport's cost to provide such janitorial and cleaning services in the Space in an amount calculated in
accordance with the cost allocation methodology set forth in Exhibit 4 ("Janitorial Costs") for the period
of service indicated in the invoice.
A.4. Notwithstanding the foregoing, TSA may enter into contracts with third parties for janitorial and cleaning
services. In which case, upon notice from TSA of having entered into such third party contract(s), the
Airport shall be relieved of its obligation to provide such services under this Article VIII and TSA shall be
relieved of its obligation to reimburse Airport under this Article VIII. In the event that Airport chooses to
cease providing janitorial and cleaning services and supplies under this Article VIII, Airport must give
notice to TSA at least ninety (90) days prior to such cessation.
A.S. All reimbursement costs due under this Agreement shall be due after services are received and, to the
extent appropriated funds are available, shall be paid within sixty (60) days of TSA's receipt of a Proper
Invoice from the Airport.
A.6. Unless otherwise indicated herein, a Proper Invoice shall mean an invoice that is submitted by the Airport
directly to FINCEN using any one of the methods and addresses indicated below. A copy of the invoice
may also be transmitted to the TSA Federal Security Director's (FSD) designated Point of Contact for
informational purposes only.
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B. Invoicing
Invoices shall be e-mailed, faxed or sent via U.S. mail to FINCEN at the following addresses:
(Please use only one method per invoice submission.)
Billing Address:
United States Coast Guard Finance Center
TSA Commercial Invoices
P.O. Box 4111
Chesapeake, VA 23327-4111
Email:
fin-smb-tsainvoices@uscg.mil
Fax: (addressed to TSA Invoices)
757-413-7314
The Airport invoice format is acceptable. However, the invoice shall, at a minimum, include the following:
1. Agreement Number
2. Invoice Date
3. Invoice Number
4. Name and Address of the Airport Requesting Fund Disbursement
5. Point of Contact, with Address, Telephone, Fax and E-mail
6. Tax Identification Number
7. DUNS Number
8. Supporting Documentation to include Invoices or Other Documentation that Substantiates the Amount of
Funds to be Disbursed by TSA
9. Total Amount of Funds Requesting to be Disbursed by TSA
10. Remittance Address
Notwithstanding any other payment clause in this Agreement, the Government shall make invoice payments under the
terms and conditions specified in this Article. Payment shall be considered made on the day the check is dated and
deposited in the US mail, or an electronic funds transfer is completed. All days referred to in this clause are calendar
days, unless otherwise specified.
The Airport's failure to submit a Proper Invoice within one (1) year of completion of service for any period of service
may, in the sole discretion of TSA, result in delay of payment or no payment in the event appropriated funds are no
longer available.
ARTICLE IX — AUDITS (FEB 2017)
TSA shall have the right to examine or audit relevant financial records for each Airport facility, while this Agreement,
or any part thereof, remains in force and effect, and for a period of three years after expiration or termination of the
terms of this Agreement. For each facility, the Airport shall maintain: project records, technology maintenance
records, and data associated with this Agreement while this Agreement, or any part thereof, remains in force and
effect, and for a period of three years after the expiration or termination of this Agreement. If this Agreement is
completely or partially terminated, the records relating to the work terminated shall be made available for three years
after any resulting final termination settlement. Records relating to appeals under the "Disputes" provision in Article
XII regarding this Agreement shall be made available until such appeals are finally resolved.
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As used in this provision, "records" includes books, documents and other data, regardless of type and regardless of
whether such items are in written form, in the form of computer or other electronic data, or in any other form that
relate to this Agreement for each facility.
The Comptroller General of the United States shall also have access to, and the right to examine, any records involving
transactions related to this Agreement.
This article shall not be construed to require the Airport or its contractors or subcontractors who are associated with or
engaged in activities relating to this Agreement, to create or maintain any record that they do not maintain in the
ordinary course of business pursuant to a provision of law, provided that those entities maintain records which conform
to generally accepted accounting procedures.
ARTICLE X — AUTHORIZED REPRESENTATIVES (FEB 2017)
The TSA Contracting Officer is the only person authorized to make any changes, approve any changes in the
requirements of this Agreement, obligate funds and authorize the expenditure of funds.
The COR is responsible for the technical administration and liaison of this Agreement. The COR is not authorized to
change the scope of work, to make any commitment or otherwise obligate the TSA, or authorize any changes which
affect the liability of the TSA. The Airport will inform the Contracting Officer in the event that the COR takes any
action which is interpreted by the Airport as a change in scope or liability to either party.
TSA Contacts
Contracting Officer
Sophia Woodward
Contracting Officer
Workforce & Enterprise Operations Division
Office of Contracting and Procurement
Transportation Security Administration
601 S. 12th Street
Arlington, VA 20598-6025
Phone: 571-227-4580
Email: Sophia.Woodward@tsa.dhs.gov
Contracting Officer's Representative
Ronald Colbert
Program Specialist
Facilities and Infrastructure Branch
Office of Finance and Administration
Transportation Security Administration
601 S. 12th Street
Arlington, VA 20598-6025
Phone: 571-227-3546
Email: ronald.colbert(alsa.dhs.gov
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Airport Contacts
Primary Contact
Robert Peterson
Airport Manager
Yakima Air Terminal — McAllister Field
2406 W. Washington Avenue, Suite B
Yakima, WA 98903
Phone: 509-575-6149
Email: rob.peterson@yakimaairterminal.com
Secondary Contact
Kris Yalovich
Administrative Assistant
Yakima Air Terminal — McAllister Field
2406 W. Washington Avenue, Suite B
Yakima, WA 98903
Phone: 509-575-6149
Email: kris.yalovich@yakimaairterminal.com
ARTICLE XI - LIMITATIONS ON LIABILITY (FEB 2017)
A. Subject to the provisions of Federal law, including the Federal Torts Claims Act, each party expressly agrees
without exception or reservation that it shall be solely and exclusively liable for the acts or omissions of its
own agents and/or employees and that neither party looks to the other to save or hold it harmless for the
consequences of any act or omission on the part of one or more of its own agents or employees, subject to the
same conditions provided above.
B. The Airport has the affirmative duty to notify the TSA Contracting Officer in the event that the Airport
believes that any act or omission of a TSA agent or employee would increase the Airport's costs and cause
the Airport to seek compensation from TSA beyond TSA's liability as stated in Article W (Responsibilities),
or Article VII (Funding and Limitations). Claims against either party for damages of any nature whatsoever
pursued under this Agreement shall be limited to direct damages not to exceed the aggregate outstanding
amount of funding obligated under this Agreement at the time the dispute arises. If the Airport receives any
communication which it interprets as instructions to change the work encompassed in this Agreement, or to
incur costs not covered by funding obligated at that time, the Airport must not act on that communication, and
must contact the Contracting Officer verbally and in writing immediately.
C. In no event shall either party be liable to the other for consequential, punitive, special and incidental damages,
claims for lost profits, or other indirect damages.
D. No third party shall assert any rights under this Agreement unless expressly provided herein.
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ARTICLE XII — DISPUTES (FEB 2017)
Where possible, disputes shall be resolved by informal discussion between the Contracting Officer for TSA and an
authorized representative of the Airport. All disputes arising under or related to this Agreement shall be resolved
under this Article. Disputes, as used in this Agreement, mean a written demand or written assertion by one of the
parties seeking, as a matter of right, the adjustment or interpretation of Agreement terms, or other relief arising under
this Agreement. The dispute shall be made in writing and signed by a duly authorized representative of the Airport or
the TSA Contracting Officer. At a minimum, a dispute under this Agreement shall include a statement of facts,
adequate supporting data, and a request for relief. In the event the parties are unable to resolve any disagreement
through good faith negotiations, Airport may submit the dispute to the Deputy Administrator for Acquisition. If the
decision of the Deputy Administrator for Acquisition is unsatisfactory, the decision may be appealed to the TSA
Assistant Administrator for Acquisition. The parties agree that the TSA Assistant Administrator for Acquisition's
decision shall be final and not subject to further judicial or administrative review and shall be enforceable and binding
upon the parties.
ARTICLE XIII — TERMINATION (FEB 2017)
In addition to any other termination rights provided by this Agreement, either party may terminate this Agreement at
any time prior to its expiration date, with or without cause, by giving the other party at least thirty (30) days' prior
written notice of termination. Upon receipt of a notice of termination, the receiving party shall take immediate steps to
stop the accrual of any additional obligations that might require payment.
ARTICLE XIV - CHANGES AND/OR MODIFICATIONS (FEB 2017)
Changes or modifications to this Agreement shall be in writing and signed by the TSA Contracting Officer and the
authorized representative of the Airport. The modification shall cite the subject provision to this 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. Reasonable administrative modifications such as changes in
accounting lines, address changes, name of the TSA Contracting Officer, etc. may be issued unilaterally by TSA.
ARTICLE XV - CONSTRUCTION OF THE AGREEMENT (FEB 2017)
This Agreement is issued under 49 U.S.C. §106 (1)(6) and §114(m) and is not a procurement contract, grant,
cooperative agreement, or other financial assistance. It is not intended to be, nor shall it be construed as, a partnership,
corporation, or other business organization. Both parties agree to provide their best efforts to achieve the objectives of
this Agreement. The Agreement constitutes the entire agreement between the parties with respect to the subject matter
and supersedes all prior agreements, understanding, negotiations and discussions whether oral or written of the parties.
Each party acknowledges that there are no exceptions taken or reserved under this Agreement.
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ARTICLE XVI - PROTECTION OF INFORMATION (FEB 2017)
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.
A. Release of Technical Data
No information, oral or written, concerning the scope of this Agreement, shall be published or released to the
public without the prior written approval of the TSA Contracting Officer.
B. Records and Release of Information
In the event the Airport receives Sensitive Security Information (SSI) pursuant to this Agreement, as defined in 49
CFR Part 1520, the SSI shall be handled in accordance with that regulation and TSA policies. All members
assigned to work under this Agreement are subject to the provisions of 49 CFR Part 1520, Protection of Sensitive
Security Information. SSI may not be disclosed except in accordance with the provisions of that rule.
C. Media
All media releases and other contact with or by media related to this Agreement and in accordance with the terms
of this Agreement shall be referred to the Contracting Officer.
ARTICLE XVII - ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS (FEB 2017) (RESERVED)
ARTICLE XVIII — IMPROVEMENTS OR ALTERATIONS (FEB 2017)
A. TSA shall have the right to make such additions, improvements, modifications, revisions or other alterations
within the Space as are necessary for required security operations at the Property. To the extent required under
federal law, TSA's contractors will abide by state and local permitting requirements when making alterations to
the Space. The Airport shall use its best efforts to support TSA in obtaining required permits in a timely fashion
so as to minimize delay.
B. TSA shall, whenever possible, notify the Airport in advance when any additions, improvements, modifications,
revisions or other alterations to the Space are planned, and shall coordinate such alterations with Airport. In
addition, upon completion, TSA will allow the Airport to inspect the same and will provide an updated set of
working drawings showing the current as -built condition of the Space. The Airport will safeguard such as -built
drawings from unauthorized access or disclosure as Sensitive Security Information in accordance with the
requirements of 49 C.F.R. part 1520.
ARTICLE XIX — GOVERNING LAW (FEB 2017)
Federal law governs this Agreement. Airport shall comply with all federal, state and local laws applicable to Airport
as owner of the Property. TSA will comply with all federal, state and local laws applicable to and enforceable against
TSA under federal law, provided that nothing in this Agreement shall be construed as a waiver of any sovereign
immunity of the TSA. The Airport is required by the terms of certain grant assurances entered into with the Federal
Aviation Administration to include certain clauses in all contracts; TSA shall be bound by those clauses to the degree
required by federal law.
Page 12 of 16 70T01018H9NCKP091
16
Exhibit lA
TSA Space Summary
TSA Space
Operational Sq Ft
Janitorial Sq Ft
Total Passenger Screening
736
736
Total TSA Space
736
736
TSA Space
Operational
Sq. Ft
Janitorial Services
required? YIN
Janitorial
Sq Ft
Passenger Screening
736
Yes
736
Total Passenger Screening
736
736
Page 13 of 16 70T01018H9NCKP091
version 12
updated• June 1, 2017
Exhibit 2
TSA Electrical Costs
Exhibit 2
Utility Rates
YRM Equipment Power Consumption Estimate
TSA Checkpoint Agreement
OTA: 70T01018T9NCKP091
May 2018
17
V
Inpul Cart per KWH (5) S0 (MSS
Turned ON
Operating Idle Time Time Num
P
day
T Cost Total Cost Total Cart
per ❑aV Aer Manlh Der Year
0
0
0.
Vision CTX 90
Vision C
0
0
00
0.0
0
UPS 0.0
0.00 $0.00 S0.
0.0
008 j0arringrr) 0.0
0.
Thfrmo nftfriinn TC i5 tF 0.0
0.
0.0
0
0
pt
.47 $14.41 $122.86
00 (52
0
0
E
0.
0
0.00
TNx 43p0030 5200 0.0
disc an 5220 0.0
50.000
50.000
$0.00
50.00
50.00
$0.00
$0.00
50.00'
0.0
0.00 $0.
0.0
0.
50.
208 Eta) 0.0
00
0
0.0
1)
0.0
0.
AT
P
00
0.
0.00
00
AT
ptscan 6200 V 0
0
ACX.6AMV 0
0
0.
0
Ti x 0.0
0.
AT 2 AV
V 0.0
0
A
0.0
Equipment: CEIA 02PN
0.0
$0.00
50.00
52.50
20015 Rap
AST $tanner Rap'
0.0
0:
0.
A
8.0
.0
.4
10
0.0
.0
0,
0.
gtiFp
e
Tn [A
0.0
0
0
A
0.0
peratiOna5 Equip
0
Cost Total Coal Total Cost
)ay per Month per Year
5124.71 $1,496.46
1124.71 $1,496.52
Uperattng iSma. titer th, sysIem is exp
utltration rates deternuned for iacb system. Exarnpte beatg the A*T is not always performing a sta
ttme required for the passenger to eefet the system and the felt that Chetxgpi .tS ate n05 contorooulty
tuaded condition, thus the operating time power tomsumptron value e5 a :vrighted average bafneen the power
used to perform a 5ca0 and the power used white the system Fs idle.
se. T
d Oi
Turned ON ear* Tim, the systems is turned tonsptetcly off hut is itch plugged in and thus may be drawing a;moll
Page 14 of 16 70T01018H9NCKP091
18
Exhibit 3
TSA Janitorial Services
The Airport or its contractor shall provide the following services, as applicable, at the specified frequencies
or as needed to accommodate surge conditions:
Janitorial Services shall be performed throughout the Space unless otherwise indicated. Special services, to
include the clean-up of bio -hazardous spills, shall be provided immediately upon request of TSA personnel.
Page 15 of 16 70T01018H9NCKP091
SERVICE
FREQUENCY
(a)
Remove trash in Checkpoint Screening area
Daily
(b)
Vacuum carpets
Daily
(c)
Clean screening tables
Daily
(d)
Dust TSA equipment, desks, light fixtures, and
any other horizontal surfaces within Space
Weekly
(e)
Clean divestiture bins
Weekly
(f)
Shampoo carpets
Twice a year
Janitorial Services shall be performed throughout the Space unless otherwise indicated. Special services, to
include the clean-up of bio -hazardous spills, shall be provided immediately upon request of TSA personnel.
Page 15 of 16 70T01018H9NCKP091
19
Exhibit 4
TSA Janitorial Costs
Annual
Cleaning Rate
Total TSA
Janitorial Space
Annual
Janitorial Costs
$4.31 per sq. ft.
736 sq. ft.
**$3,173.52 annual cost
$264.46 monthly cost
**The annual amount is rounded
for invoicing purposes
Janitorial Cost Summary
Page 16 of 16
70T01018H9NCKP091
Sq. Ft
°f4
Annual
Cleaning Rate
Per Sq, Ft.
FY18 Annual
Amount
TSA Janitorial Space and Pro -rated Annual
Janitorial Amount
736
100%
$4.31
$3,173.52
Sq. Ft
TSA Passenger Screening Checkpoint
736
Total TSA Space
736
Page 16 of 16
70T01018H9NCKP091