HomeMy WebLinkAboutR-2002-048 United States Transportation Security Administration AgreementRESOLUTION NO. R 2002 - 48
A RESOLUTION authorizing and directing the Chief of Police of the City of Yakima to
execute a law enforcement personnel agreement between the City of
Yakima and the Transportation Security Administration, United States
Department of Transportation, regarding security staffing at the
Yakima Air Terminal - McAllister Field.
WHEREAS, the federal Transportation Security Administration is in the process of
hiring and placing federal law enforcement agents at all airports within the United States;
and
WHEREAS, said hiring and placement process is ongoing and is not expected to be
completed for some time; and
WHEREAS, in the interim period and by May 1, 2002, the Transportation Security
Administration is requiring local law enforcement agencies to staff all airport security
checkpoints; and
WHEREAS, the Transportation Security Administration shall reimburse local law
enforcement agencies for the costs of said security staffing in accordance with the terms and
conditions of the attached form agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City of Yakima
to authorize execution of a law enforcement personnel agreement between the City of
Yakima and the Transportation Security Administration, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Chief of Police is hereby authorized and directed to execute a law enforcement
personnel agreement between the City of Yakima and the Transportation Security
Administration, United States Department of Transportation, regarding security staffing at
the Yakima Air Terminal - McAllister Field. The form of the final agreement shall be
subject to review and approval of the City Attorney.
ADOPTED BY THE CITY COUNCIL this 16th day of April, 2002.
ATTEST: Place, Mayor
City Clerk
(1k)res/police-airport-transportation security administration-apr 02.pm
LAW ENFORCEMENT PERSONNEL AGREEMENT
ON BEHALF OF THE
TRANSPORTATION SECURITY ADMINISTRATION
June 10, 2002
DEPARTMENT OF TRANSPORTATION
TRANSPORTATION SECURITY ADMINISTRATION (TSA)
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MEMORANDUM OF AGREEMENT (MOA) BETWEEN
U.S. GOVERNMENT
AND
The Yakima 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 the
Yakima 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: Yakima 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 Term or such time that this
MOA is terminated in accordance with Article 9.
(2) The Yakima 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.
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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).
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 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. Harry Schaefer (202) 493-1289; e-mail: Harry.Schaefer@ost.dot.gov
Non-FAA/TSA Party: Capt. Jeff Schneider (509) 575-6151, fax: (509) 575-6007
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ARTICLE 6. FUNDING AND PAYMENT
a. The total estimated cost of this agreement shall not exceed $527,800.00 as
reimbursement for the Yakima 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 the Yakima
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 $527,800.00. This ceiling may be increased by
mutual agreement of the parties. The amount presently available for payment and
allotted to this Agreement is $28,210.00. It is estimated that this amount is sufficient to
provide for performance from date of award 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. The
Yakima 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 Chief of the Yakima 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.
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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.
AGREED:
Yakima Police Department
BY:
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TITLE: /a Clc
Transportation Security Administration
BY:
TITLE: hating rogram Director
DATE: (%/d z- DATE: toI t
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Appendix A (To be filled -out by SHA):
A
B
C
D
E
Checkpoint
Designation
Operating hrs /
24-hour Period
Total Average
Daily Operating
Hours1
Number of
Posted Officers
Required — This
Checkpoint2
Row Totals:
(multiply
column C and
column D)
1(Main
Terminal)
17.25
17.25
1
17.25
Total Average
Daily Hours:
17.25
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".
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Appendix B: Basis for Cost (To be filled -out by SHA):
Requested Item
for
Reimbursement
Total
Average
Daily
Hours
(From
Appendix
A)
Total
Average
Supervisor
Daily
Hours (7-
day
average)
Requested
Salary Rate
/ Hour
Does this
rate
include
any
overtime?
(All,
partial,
none)
Total
Funds
requested /
Day
TSA
ONLY:
Approvals
Posted Officers
17.25
$51
ALL
$879.75
Supervisory/
Administrative3
1
$30.25
ALL
$30.25
Request for
Additional
Costs (May
explain on a
separate sheet of
ea ser)4
Daily Total
0
$910
910.00*
* Per Modification Letter dated May 21, 2002 from Jerry G. Kilpatrick of
Yakima Air Terminal.
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.
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. t2
For Meeting of April 16,2002
ITEM TITLE: A) Consideration of a Resolution Directing the Chief of the Yakima
Police Department to Enter into an Agreement with the Transportation
Security Administration (TSA)
B) An Ordinance Amending the 2002 Budget in the General Fund for
Police Department Overtime
SUBMITTED BY: Chief Blesio, Police Department
Department of Finance and Budget
CONTACT PERSON/TELEPHONE: Chief Blesio - 575-6211
SUMMARY EXPLANATION:
The Transportation Security Administration (TSA) is a new Federal Government agency
charged with security of all airports within the United States. The TSA will be hiring and
placing federal law enforcement agents at all U.S. airports with commercial flight operations,
including the Yakima Air Terminal.
Because this is a new agency, the TSA lacks the federal agents to accomplish this task at this
time. Until such time as the TSA has federal agents in place, they are requiring local law
enforcement agencies to staff all airport security checkpoints as of May 1, 2002. The National
Guard will be relieved of airport duty at that time. The TSA believes it may be as long as
December 1, 2003 before they have sufficient personnel to staff all airports.
The Chief of the Yakima Police Department will enter into an agreement with the TSA to staff
the security checkpoint at the Yakima Air Terminal in return for reimbursement of direct
Police personnel costs associated with this staffing. Due to personnel limitation the Yakima
Police Department will use officers on overtime status and will be assisted by Deputies of the
Yakima County Sheriff's Office. Cost of this reimbursement is estimated to be as much as
$526,890 by the end of 2003. The attached appropriation increases the 2002 Patrol overtime
budget and the General Fund revenue budget by $190,000 to support this additional duty.
Staff is requesting the City Council to direct the Chief of Police enter into this agreement with
the TSA and approve the overtime appropriation.
Resolution X Ordinance X Contract Other (Specify)
Funding Source General Fund- Federal Reimbursement
APPROVED FOR SUBMITTAL:
ity Manager
STAFF RECOMMENDATION:
A) Adopt the attached Resolution
B) Read attached ordinance by title only at the April 16, 2002 Council Meeting. Pass
ordinance at the May 7, 2002 Council Meeting.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: (A) Resolution adopted. RESOLUTION NO. R-2002-48
(B) First reading of ordinance; second reading scheduled 5-7-02