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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) Final 1 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. 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 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 Final 3 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. Final 4 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: rt ~ /stir ems} TITLE: /a Clc Transportation Security Administration BY: TITLE: hating rogram Director DATE: (%/d z- DATE: toI t Final 5 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". Final 6 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. Final 7 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