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HomeMy WebLinkAbout2010-07-26 10-266 RESOLVEcouNClt acrloN ,' ::6Ci Item No. Date: 3uly 26, 2010 Item/Subject: Resolve, Authorizing the Airport to Apply for, Accept and Appropriate a Grant in the Amount of up to $100,000 from the Transportation Security Administration for the Design of a Checked Baggage In-line Security Screening System at the Bangor International Airport Responsible Department: Airport Commentary: This Resolve will authorize the Airport to apply for, accept and appropriate grant funds from the Transportation Security Administration for the design of a checked baggage in-line security screening system at the Bangor International Airport. This will provide for the design of an in-line checked baggage screening system which would improve the ease of security and streamline the check-in process for passengers. The grant will fund 100% of the project cost with no local match required. This has been reviewed and is recommended for approval by the Airport Committee. Rebecca L. Hupp Department Head Manager's Comments: This has been reviewed and is recommended for approval by the Airport Committee. Associated Information: Resolve, Grant Agreement Budget Approval: c000 finance Director Legal Approval: Introduced for Passage First Reading Referral Solicitor Page of 10 ; i,6; Assigned to Councilor - Palmer July 26, 2010 CITY OF BANGOR (TITLE.) Resolve, Authorizing the Airport to Apply for, Accept and Appropriate a Grant in the Amount of up to $100,000 from the Transportation Security Administration for the Design of a Checked Baggage In-line Security Screening System at the Bangor International Airport WHEREAS, the Airport desires to apply for a grant from the Transportation Security Administration for the design of checked baggage in-line security screening at the Bangor International Airport; and WHEREAS, the Transportation Security Administration has expressed a willingness to fund this project; and WHEREAS, federal funds will cover 100% of the cost of the project with no required local match. NOW, THEREFORE, BE IT RESOL VED BY THE CITY COUNCIL OF THE CITY OF BANGOR, THAT The Airport is hereby authorized to apply for, accept and appropriate within the Airport Fund up to $100,000 from the Transportation Security Administration for the design of a checked baggage in-line security screening system at the Bangor International Airport.; and BEITFURTHER RESOLVED THATthe City Finance Director is hereby authorized to place these amounts within the appropriate accounts. IN CITY COUNCIL July 26, 2010 First Reading D UTY CI CLE IN CITY COUNCIL August 9, 2010 Motion Made and Seconded for Passage Pas d CITY CLERK (UTLE�)port to Apply for, Ascent and Appropriate a grant in the —_Amount of up to $100,000 from the Transportation Securitv Admininstration for the Design of a Checked Baggage in -line Security Screening System at the Bangor Int )ktional Airport Assigned to ConneHorwf BGR" sw BANGOR INTERNATIONAL AIRPORT To: Airport Committee From: Rebecca L. Hupp CC: Bob Farrar Re: Request for authorization to apply for, accept and appropriate funding from the Transportation Security Administration Date: July 14, 2010 The Airport requests authorization to apply for, accept and appropriate a grant from the Transportation Security Administration for up to $100,000. The grant would cover the design costs for developing in-line baggage screening for checked passenger baggage. The grant would be for the development of the design and construction and bid documents. The grant does not require a local match. A copy of the proposed grant agreement is attached for your review. The Airport requests the Committee recommend this item to the full Council for approval. OTHER TRANSACTION AGREEMENT BETWEEN DEPARTMENT OF HOMELAND SECURITY TRANSPORTATION SECURITY ADMINISTRATION AND CITY OF BANGOR MAINE RELATING TO BANGOR INTERNATIONAL AIRPORT CHECKED BAGGAGE SCREENING DESIGN SERVICES PROJECT Negotiated by the TSA pursuant to Aviation and Transportation Security Act, Pub. L. 107-71, 115 Stat. 597 HSTS04-10-H-CT 1039 10 (' 6 (') HSTS04-10-H-CT 1039 ARTICLE I —PARTIES The parties to this Other Transaction Agreement (OTA) are the Transportation Security Administration (TSA), U.S. Department of Homeland Security (DHS), and the City of Bangor, Maine (CITY) as owner and operator of the Bangor International Airport (BGR or Airport). The TSA and the CITY agree to cooperate in good faith and to perform their respective obligations in executing the purpose of this Agreement. ARTICLE II — LEGAL AUTHORITY This Agreement is entered into under the authority of the Aviation and Transportation Security Act, Pub. L. 107-71, 115 Stat. 597, specifically 49 U.S.C. § I I4(m)(1) and 106(1)(6), which authorizes other transaction agreements. ARTICLE III — SCOPE The purpose of this Agreement is to set forth the terms and conditions, as well as, establish the respective cost-sharing obligations of the TSA and the CITY with respect to the design services necessary to provide for a Checked Baggage Inspection System (CBIS) solution utilizing Explosive Detection Systems (EDS) at the Airport in accordance with the published TSA Planning Design Guidelines and Design Standards (PGDS) Version 3.0 dated November 2009 published at: http://www.tsa.gov/research/checked_baggage_material.shtm This Project involves the design services to incorporate a CBIS within the Airport terminal building (hereinafter the Project). The design needs to address terminal modifications required to incorporate the CBIS to include changes to baggage conveyor components, mechanical, plumbing, electrical, structural, and telecommunications, or other infrastructure to provide for the installation of Explosive Detection System (EDS) machines within the baggage screening matrix as well as Explosive Trace Detection (ETD) resolution area(s) and the installation of hardware and software for use with an in-line baggage screening application. The Project will also encompass the design of Checked Baggage Resolution Areas (CBRA(s) as required, as well as a multiplexed On Screen Resolution Room (OSR). The objective of this Agreement is to enhance the security and baggage screening capabilities and throughput at the Airport. The Design stages include: 1. Validation of Schematic/30% Design submittal, include pre -design Preliminary Alternative Analysis Report 2. Supplemental Preliminary Alternative Analysis Report to address increased load conditions identified with the Static Model Validation effort and incorporating the requirements of PDGD Version 3.0 3. TSA Briefing describing the Preferred Alternative 4. Updated TSA Basis of Design Report and Schematic Design upon reaching consensus with the TSA regarding the Preferred Alternative. 5. 30% TSA Design Package 6. 70% TSA Design Package Page 2 of 19 HSTSO4-10-H-CT1039 7. 100% TSA Design Package 8. Final Construction Drawings 9. Bid Phase Services Allowable, allocable and reasonable costs for project construction, project management, construction management, and commissioning/site acceptance testing will be funded through a separate Agreement between the CITY and TSA. ARTICLE IV — COST SHARING AND OTHER RESPONSIBILITIES 1. Capital Costs: The estimated cost of the Project refers to the design services to be completed by the CITY to design the modifications that need to be made to the Terminal as well as the CBIS for the terminal to support the installation and operation of the EDS and Explosive Trace Detection (ETD) screening equipment. It does not include the costs of acquisition, delivery or installation of the EDS and ETD equipment itself. All work performed by the CITY pursuant to this Agreement shall be accomplished in accordance with the TSA PGDS and in accordance with the applicable local Airport Building Standards and Criteria. Recognizing the uniqueness of this Project, in the event of any conflicts between the provision of the PGDS and this Agreement, the Parties agree to resolve such conflicts through the design review and Alternative Analysis processes described in the TSA PDGS, Version 3.0. 2. TSA agrees to reimburse the CITY for one hundred percent (100%) of the allowable, allocable and reasonable costs of the Design Services Project not to exceed a total reimbursement of $100,000.00. 3. TSA will determine allowable and allocable costs in accordance with the OMB Circular A-87 "Cost Principles for State, Local and Indian Tribal Governments" codified at 2 C.F.R. Part 225 (together with Appendices A — D) and Appendix F of the TSA PGDS v 3.0 dated November 2009 in effect upon the signing of this Agreement by both parties. TSA will reimburse the CITY on an actual expense basis supported by one or more invoices submitted by the CITY in accordance with Article X — Payment. The parties understand and agree that all design costs in excess of $100,000.00, as well as any costs that are inconsistent with OMB A-87 and the guidance set forth in Appendix F of the TSA PGDS v.3 dated November 2009, shall be borne solely by the CITY unless otherwise agreed by the TSA in a modification in accordance with Article XIII — Changes and/or Modifications. Should the TSA contributions of $100,000.00 represent more than one hundred percent of the total final TSA allowable, allocable, and reasonable design costs for the TSA baggage screening project, the CITY will refund the TSA for the difference. 4. The Project costs which TSA will reimburse is limited specifically to those costs associated with the Design Services listed in Article III — Scope requires to incorporate the CBIS (defined as that area from the baggage insertion point into the EDS screening matrix to the point where screened baggage is re- inserted into the baggage makeup area). The Design Services would entail validation/finalization of Preferred Alternative Analysis, Basis of Design Report, schematics, 30%, 70% and 100% TSA design efforts and preparation of final construction documents for bidding, bid phase services, and construction/administration/construction phase services. 5. Change orders shall not be considered an authorization to exceed the TSA funding provided for the Project, unless the TSA has been notified in advance of the impact the Change Order has on the TSA funding, and TSA provides written concurrence to proceed with the Change Order. Use of contingency funds for the TSA baggage -screening project requires written approval from TSA in advance of the CITY issuing the Change Order. Page 3 of 19 HSTSO4-10-H-CT1039 ARTICLE V: PROJECT RESPONSIBILITIES The primary Project responsibilities of the TSA and the CITY are outlined below. The Design Services Project will be overseen by the CITY. A. TSA Responsibilities . Review and concur the CBIS Project design, plans, and specifications for alternative analysis, schematic, 30%, 70% and 100% design phases for the installation of the CBIS based upon the recommendations and guidelines in the TSA PGDS in effect at the time of execution of this Agreement. 2. The CITY must receive concurrence from TSA at each stage of the design review in order to proceed to the next design review stage. 3. Consider design alternatives during the design review process in order to achieve the most efficient screening solution for both TSA and CITY. 4. Provide the TSA's PGDS as well as the EDS equipment specification(s) as required. 5. Advise the type of EDS equipment to be provided at each stage of the design. 6. Provide EDS Original Equipment Manufacturer Technical Advisory Support Services to the Airport regarding integration of the EDS units into the baggage handling system (BHS). 7. Review and consider requested changes to the design and associated costs. B. CITY/Airport Responsibilities 1. Except for the responsibilities of the TSA, as outlined above, the Design Services Project(s) will be managed and overseen by the CITY. The CITY, acting through such contractors as it may engage, will provide the engineering and design services necessary for successful completion of the Project. The CITY will provide oversight of such contractor(s) to ensure the Project conforms to the TSA design guidelines identified in PGDS v3.0 and is completed within the prescribed schedule identified and incorporated herein as Appendix B. 2. Provide a budgetary construction cost estimate with the 30% design review and subsequent 70% and 100% design reviews for the CBIS effort. 3. Obtain all necessary licenses, insurance permits and approvals. 4. Ensure the necessary three (3) feet of maintenance access space around the equipment is provided so that spare parts may be removed and replaced. 5. Within the design, provide reasonable measures to protect the EDS and ETD equipment from harm, theft, and water intrusion in the screening area. 6. Incorporate heating, ventilation, air conditioning into the design as well as OSHA requirements for those spaces occupied by TSA personnel. 7. Submit monthly progress reports by the 10`h of each month to the TSA Deployment Manager, TSA Contracted Site Lead, and TSA Contracting Officer. ARTICLE VI - EFFECTIVE DATE AND TERM Project completion is currently estimated to be on or about December 31, 2010 unless earlier terminated by the parties pursuant to Article XV "Termination" as provided herein or extended by mutual agreement pursuant to Article XIII "Changes and/or Modifications." The period of performance for this effort is established as March 31, 2011 in order to allow the CITY time to submit a final invoice, close out the Project, and address any other issues. The CITY agrees to work with TSA to close this OTA within three (3) months of completion of the bid phase milestone. Page 4 of 19 t "I r Ca rl HSTS04-10-H-CT 1039 The CITY will establish and provide Design Schedule Milestones to the TSA that allow objective measurement of progress toward completion. Design Schedule Milestones will be provided to the TSA within 30 days after the CITY has established their design services contract(s). TSA maintains the right to identify any additional milestones to be tracked. ARTICLE VII - ACCEPTANCE AND TESTING TSA will deem the Project complete upon review and concurrency of the 100% design package for the CBIS, OSR and CBRA for each Terminal. The design must conform to the TSA PGDS v3.0 in effect at the time that this Agreement is executed. Successful completion requires the correction of any non - conformances identified during the design review process. ARTICLE VIII - AUTHORIZED REPRESENTATIVES The authorized representative for each party shall act on behalf of that party for all matters related to this Agreement. Each party's authorized representative may appoint one or more personnel to act as an authorized representative for any administrative purpose related to this Agreement, provided written notice of such appointments is made to the other party to this Agreement. The authorized representatives for the parties are as follows: A. TSA Points of Contact: Deployment Manager/Contracting Officer Technical Representative: Terry Spradlin Transportation Security Administration Office of Security Technology, TSA -16 TSIF Building 1 West Post Office Road Washington, DC 20598-6932 Phone: 571-227-4108 E -Mail: terry.spradlin@dhs.gov Contracting Officer: William Dorwart Office of Acquisition, TSA -25 Transportation Security Administration 701 S. 12�h Street Arlington, VA 20598 Phone: 571-227-2338 E -Mail: william.dorwart@dhs.gov Only the TSA Contracting Officer (CO) shall have the authority to bind the Federal government with respect to funding and liability. The TSA Contracting Officer Technical Representative (COTR) is responsible for the technical administration of this Agreement and technical liaison with the CITY / Airport. The TSA COTR 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 such as amount or level of funding. The CITY Airport must notify the TSA CO and COTR in event that any TSA employee or TSA contracted agent takes any action that may be interpreted by the CITY and/or Airport as direction which Page 5 of 19 HSTS04-10-H-CT 1039 consequently increases the TSA Project costs and would cause the CITY to seek reimbursement from TSA beyond the TSA's liability as stated in the Agreement. B. CITY Point(s) of Contact: m BGR Finance & Administration .E ARTICLE IX - FUNDING AND LIMITATIONS TSA will provide funding to the CITY in an amount not to exceed one hundred thousand dollars and zero cents $100,000.00. Funds in the amount of one hundred thousand dollars and zero cents $100,000.00 are hereby obligated and made available for payment for performance of this Agreement. Expenses incurred in executing the work identified herein are chargeable to: PR: 2110200CT1039 Accounting Code: 5CF09XB01 D2010SWE041 GE013823006200622CTO-5903001017020000- 251 B -TSA DIRECT -DEF. TASK -D In the event of termination or expiration of this Agreement, any TSA funds that have not been spent or incurred for allowable expenses prior to the date of termination and are not reasonably necessary to cover termination expenses will be returned and/or de -obligated from this Agreement. TSA's liability to make payments to the CITY is limited to the amount of funds obligated and available for payment hereunder, including written modifications to this Agreement. Under no circumstances will TSA be responsible to reimburse the CITY for profit or the general costs of government. The CITY may recover the allowable direct costs of the CITY personnel performing work necessary under this Agreement, as well as the allowable and allocable costs of the contractors hired by the CITY to perform the necessary work under this Agreement. Profit and overhead costs for the CITY's contractors performing work on the TSA Project are allowable costs. Submission of a cost allocation plan is required to address any indirect costs, to include CITY employees, who work on multiple activities that will result in a request for reimbursement under this Agreement. TSA will not be responsible for costs incurred by the CITY, its contractors or agents to perform work not in compliance with the TSA requirements in this Agreement. The TSA CO has the right to recoup any payments made to the CITY if the TSA CO Officer determines that the invoices exceed the actual costs incurred, or if the work substantially deviates from the TSA approved design requirements for the Project pursuant to this Agreement. TSA will reimburse only for allowable, allocable and reasonable costs in accordance with the OMB Circular No. A-87 in effect on the Effective Date of the Agreement (codified at 2 C.F.R. Part 225) and the allowable/not-allowable costs identified the TSA PGDS v. 3.0 dated November 2009 ARTICLE X — PAYMENT The United States Coast Guard Center performs the payment function on behalf of the TSA. For purposes of submission to the Coast Guard Finance Center, the CITY must submit a completed Summary Invoice. Page 6 of 19 9(\ r, L _ 6 fi HSTS04-10-H-CT 1039 Central Contractor Registration is mandatory for invoice payment; for information regarding the Central Contractor Registration, please refer to http://www.ccr.gov. Invoices for reimbursable expenses will be submitted every thirty (30) days, as expenses are incurred. For periods in which the CITY has not incurred a reimbursable expense, an invoice is not required. Expenses are considered to accrue on the date that the CITY is invoiced from a sub -contractor, supplier, or provider of services. Reimbursement by TSA is conditioned upon submission to TSA of an invoice identifying the Project costs that have been incurred and paid. The TSA intends to make payment to the CITY within 30 days of receipt of each properly prepared invoice for reimbursement of incurred costs. In the event that an invoice for reimbursable expenses is not received by the TSA within a twelve (12) month period, the TSA reserves the right to terminate the Agreement per Article XV "Termination." In the event the Agreement is terminated, expenses that have accrued more than thirty (30) calendar days prior to termination will be ineligible for reimbursement. The TSA reimbursement process consists of two steps. Step 1 — Summary Invoice Submittal to the U.S. Coast Guard Finance Center for Payment, and at a minimum should contain the following information: (1) Agreement Number HSTS04-10-H-CT1039 (2) Invoice Number and Invoice Date (3) Complete Business Name and Remittance Address (4) Point of Contact with address, telephone, fax and e-mail address (5) Tax Identification Number and DLJN's Number (6) Dollar Amount of Reimbursement requested (7) Signature of the CITY's authorized representative and the following certification language: "This is to certify that the services sel forth herein were per formed during the period stated and that the incurred costs billed were actually expended for the Project. " The Summary Invoice may be submitted by standard email or by electronic transmission to the following address(s): Mailing Address: TSA Commercial Invoices USCG Finance Center P.O. Box 41 I 1 Chesapeake, VA 23327 Email: FIN-SMB-TSAINVOICES@uscg.mil Step 2 — Submission of Summary Invoice and Supporting Documentation Submittal to TSA for Approval of Payment: The TSA CO and the COTR are required to review and approve all invoices prior to payment. To aid in this review, the Airport shall provide a copy of the Summary Invoice along with all receipts, contractor pay requests and other supporting information which specify the vendor, Page 7 of 19 HSTSO4-10-H-CT1039 services provided, and products delivered as well as the appropriate identifications that the Airport has paid these obligations. The Airport should provide all supporting information simultaneously with Step 1 to expedite the payment process. The Support Documentation should contain the following items: • Summary Invoice from Step I • An executive summary project overview with the first invoice • A summary spreadsheet providing a categorized breakdown of the amount invoiced. • Signed, approved and legible copies of each individual contractor's invoice to include schedules of values statements of work. o Copies of contracts and change orders that provide support for the actual work being invoiced o Vendor and subcontractor invoices with specific details about services provided o Rationale for all allocations or unusual calculations or assumptions o Proof of delivery to the project sponsor o Copies of subcontractor's invoices if listed on a prime contractor's invoice as a single amount (copies of timesheets and detailed backup not required if descriptions are clear and specific). • Proof of payment by the Airport for each invoice in the form of copies of check/warrants, bank wire transfers, or accounting systems transactions The Summary Invoice and supporting documentation may be submitted by email or mail via CD or paper documents or electronic transmission to the below addresses. The final closeout invoice should include proof that all required deliverables have been provided. Ms. Lois Frieman Data Management Lead Transportation Security Administration TSIF — S224J 1 Post Office Way Washington, D.C. 20528-6032 Phone: 571-227-5578 Email: OSTCBD!n.tsa.dlhs.gov William Dorwart, TSA Contracting Officer C/O Mr. John Gebhart Faithful & Gould 1725 Duke Street, Suite #200 Alexandria, VA 22314 Phone: 703-684-6550 X626 Email: John.Gebhart a fgould.com Upon completion of the review of the supporting documentation for the Summary Invoice, the TSA CO and the TSA Deployment Manager/COTR will advise the Coast Guard Finance Center regarding payment of the Summary Invoice. ARTICLE XI - AUDITS The Federal Government, including the Comptroller General of the United States, has 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 CITY and its contractors must maintain an established accounting system that complies with generally accepted accounting principles. Records related to disputes arising out of this Agreement shall be maintained and made available until such disputes have been resolved. As used in this provision, "records" includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form. Page 8 of 19 I �) r, L 5 (i HSTS04-10-H-CT 1039 The CITY shall maintain all records and other evidence sufficient to reflect costs claimed to have been incurred or anticipated to be incurred directly or indirectly in performance of this Agreement. The TSA CO or the authorized representative of the TSA CO shall have the right to examine and audit those records at any time, or from time to time. The right of examination shall include inspection at all reasonable times at the offices of the CITY or at the offices of the CITY's contractor(s) responsible for the Project. The CITY will be required to submit cost or pricing data and supporting information in connection with any invoice relating to this Agreement if requested by the TSA CO. This Article XI shall not be construed to require the CITY or its contractors or subcontractors 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 practices. The CITY shall insert a clause containing the terms of Article XI — Audits in all its contracts and subcontracts under this Agreement that exceed $100,000.00 (One Hundred Thousand Dollars). ARTICLE XII — REQUIRED FEDERAL PROCUREMENT PROVISIONS 1. The Catalog of Federal Domestic Assistance Number for this Project is 97.100. The COUNTY will comply with the single Audit reports as required by the Single Audit Act Amendments of 1996 and the Office of Management Budget, A-133 "Audits of States, Local Governments, and Nonprofit Organizations. 2. The COUNTY shall comply with the Title VI of the Civil Rights Act of 1964 relating to nondiscrimination. Additionally, Federal Acquisition Regulation Clause 52.203-11 "Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions" is incorporated herein by reference into this Agreement. Contracts awarded by the COUNTY as a result of this Project must comply with Federal provisions established by laws and statutes. 3. Competition in the award of contracts or procurements resulting from this Project is strongly encouraged and the COUNTY should promote competition to the maximum extent practicable. 4. Where work is covered by the Davis -Bacon Act, Federal Acquisition Regulation Clauses: 52.222-6, Davis -Bacon Act; 52.222-11, Subcontracts; and 52.222-13, Compliance with Davis - Bacon and Related Act Regulations. The COUNTY shall cause compliance with the Davis - Bacon Act in accordance with applicable law. All laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to this award shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. 5. The COUNTY agrees to include in its contract(s) a provision that the Airport Terminal designs are required to comply with the TSA's Planning Guidelines and Design Standards. 6. Small Business/Disadvantaged Business Enterprises Participation: Small Businesses/Disadvantaged Business Enterprises play a critical role in stimulating economic growth and creating jobs. The COUNTY is required to submit a report to TSA to identify the Page 9 of 19 HSTS04-10-H-CT 1039 extent of participation by Small Business/Disadvantaged Business Enterprise concerns utilized in the TSA Checked Baggage Screening Project. The report is required to be submitted semiannually for the period ending March 31 and September 30. The reports are due thirty days after the close of each reporting period and are to address the allocation of TSA funded dollars for the Project provided to the Small Business/Disadvantaged Business Enterprise Concerns during the reporting period. The report shall be reported via email directly to: U.S. Department of Homeland Security Transportation Security Administration Office of Acquisitions TSA -25 Office of Small and Disadvantaged Business Utilization Attn: Robert Boone 601 S. 12'h Street Arlington, VA 20598-6025 E-mail: Robert.Boonercdhs.gov 7. Whistleblower Protection Each recipient or sub -recipient awarded funds made available under this Agreement shall promptly refer to the DHS Office of Inspector General any credible evidence that a principal, employee, agent, contractor, sub -recipient, subcontractor, or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving those funds. The DHS Office of Inspector General can be reached at http://www.dhs.gov/xoig/ 8. DUNS/CCR Recipients and first tier sub -recipients must obtain a DUNS number (or updating the existing DUNS record), and registering with the Central Contractor Registration (CCR). The applicant's DUNS number must be validated by Dun and Bradstreet and receive a Confidence Code of 7 or above. 9. Anti -discrimination and Equal Opportunity Provisions All anti -discrimination and equal opportunity statutes, regulations, and Executive Orders that apply to the expenditure of funds under Federal contracts, grants, cooperative agreements, loans, and other forms of Federal assistance shall apply here. Recipient shall comply with Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and any program -specific statutes with anti -discrimination requirements. Generally applicable civil rights laws also continue to apply, including (but not limited to) the Fair Housing Act, the Fair Credit Reporting Act, the Americans With Disabilities Act Title VII of the Civil Rights Act of 1964, the Equal Educational Opportunities Act, the Age Discrimination in Employment Act, and the Uniform Relocation Act. 10. Compliance with the National Energy Conservation Policy and Energy Policy Acts Page 10 of 19 HSTS04-10-H-CT 1039 Project award funds must comply with the following two requirements: • None of the funds made available shall be used in contravention of the Federal buildings performance and reporting requirements of Executive Order 13123, part 3 of title V of the National Energy Conservation Policy Act (42 USC 8251 et. Seq.), or subtitle A of title I of the Energy Policy Act of 2005 (including the amendments made thereby). • None of the funds made available shall be used in contravention of section 303 of the Energy Policy Act of 1992 (42 USC 13212). Environmental Planning and Historic Preservation Compliance TSA is required to consider the potential impacts to the human and natural environment of projects proposed for TSA funding. TSA, through its Environmental Planning and Historic Preservation (EP&HP) Program, engages in a review process to ensure that TSA -funded activities comply with various Federal laws including: National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), Wetlands (1 1990) and Environmental Justice (12898). The goal of these compliance requirements is to protect our nation's water, air, coastal, wildlife, agricultural, historical, and cultural resources, as well as to minimize potential adverse effects to children and low-income and minority populations. The recipient shall provide any information requested by TSA to ensure compliance with applicable Federal EP&HP requirements. Any project with the potential to impact EP&HP resources cannot be initiated until TSA has completed its review. Recipient may be required to provide detailed information about the project, including the following: location (street address or map coordinates); description of the project including any associated ground disturbance work, extent of modification of existing structures, construction equipment to be used, staging areas, access roads, etc.; year the existing facility was built; natural, biological, and/or cultural resources present in the project vicinity; visual documentation such as site and facility photographs, project plans, maps, etc; and possible project alternatives. For certain types of projects, TSA may be required to consult with other Federal and State agencies such as the U.S. Fish and Wildlife Service, State Historic Preservation Offices, and the U.S. Army Corps of Engineers, as well as other agencies and organizations responsible for protecting natural and cultural resources. For projects with the potential to have significant adverse effects on the environment and/or historic properties, TSA's EP&HP review and consultation may result in a substantive agreement between the involved parties outlining how the recipient will avoid the effects, minimize the effects, or, if necessary, compensate for the effects. Because of the potential for significant adverse effects to EP&HP resources or public controversy, some projects may require an additional assessment or report, such as an Environmental Assessment, Biological Assessment, archaeological survey, cultural resources report, wetlands delineation, or other document, as well as a public comment period. Recipients are responsible for the preparation of such documents, as well as for the implementation of any Page i 1 of 19 HSTS04-10-H-CT 1039 treatment or mitigation measures identified during the EP&HP review that are necessary to address potential adverse impacts. Recipients may use these funds toward the costs of preparing such documents and/or implementing treatment or mitigation measures. Failure of the recipient to meet Federal, State, and local EP&HP requirements, obtain applicable permits, and comply with any conditions that may be placed on the project as the result of TSA's EP&HP review may jeopardize continued Federal funding. Recipient shall not undertake any portion of the proposed project having the potential to impact EP&HP resources without the prior approval of TSA, including but not limited to communications towers, physical security enhancements, new construction, and modifications to buildings, structures and objects that are 50 years old or greater. Recipient must comply with all conditions placed on the project as the result of the EP&HP review. Any change to the approved project scope of work will require re-evaluation for compliance with these EP&HP requirements. If ground disturbing activities occur during project implementation, the recipient must ensure monitoring of ground disturbance, and if any potential archeological resources are discovered, the recipient will immediately cease construction in that area and notify TSA and the appropriate State Historic Preservation Office. ARTICLE XIII — CHANGES AND/OR MODIFICATIONS Changes and modifications to this Agreement shall be in writing and signed by the TSA CO and duly executed by the CITY. Any modification shall cite this Agreement and shall state the exact nature of the change and/or modification. No oral statement by any person shall be interpreted as modifying or otherwise affecting the terms of this Agreement. The properly signed modification shall be attached to this Agreement and thereby become a part of this Agreement. ARTICLE XIV — DISPUTES When possible, disputes will be resolved by informal discussion between the parties. 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 CITY or the TSA. At a minimum, a dispute under this Agreement shall include a statement of facts, adequate supporting data. In the event that the parties are unable to resolve any disagreement through good faith negotiations, the dispute will be resolved by the TSA Assistant Secretary or his or her designee. The parties agree that the TSA Assistant Secretary's decision shall be final and not subject to further judicial or administrative review and shall be enforceable and binding upon the parties. ARTICLE XV — TERMINATION 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, and without incurring any liability or obligation to the terminated party (other than payment of amounts due 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. Upon receipt of a notice of termination, the receiving party shall take immediate steps to stop the accrual of any TSA additional obligations that might require payment. Page 12 of 19 HSTS04-10-H-CT 1039 In the event of termination or expiration of this Agreement, any TSA funds not been spent or incurred for allowable expenses prior to the date of termination and are not reasonably necessary to cover termination expenses will be returned and/or de -obligated from this Agreement. ARTICLE XVI — CONSTRUCTION OF THE AGREEMENT This Agreement is an "other transaction" issued under 49 U.S.C. § 106(1) and 114(m)(1) and is not a procurement contract, grant or cooperative agreement. Nothing in this Agreement shall be construed as incorporating by reference or implication any provision of Federal acquisition law or regulation. It is not intended to be, nor shall it be construed as creation of a partnership, corporation, or other business entity between the parties. Each party acknowledges that all parties hereto participated equally in the negotiation and drafting of this Agreement and any amendments thereto, and that, accordingly, this Agreement shall not be construed more stringently against one party than against the other. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, of the parties. In the event that any Article and/or parts of this Agreement are determined to be void or otherwise invalid or unenforceable, such Article or portions thereof shall lapse. No such lapse will affect the rights, responsibilities, and obligations of the parties under this Agreement, except as provided therein. If either party determines that such lapse has or may have a material effect on the performance of the Agreement, such party shall promptly notify the other party, and shall negotiate in good faith a mutually acceptable amendment to the Agreement if appropriate to address the effect of the lapse. ARTICLE XVII - PROTECTION OF INFORMATION The parties agree that they shall take appropriate measures to protect all proprietary, privileged, confidential, or otherwise Sensitive Security Information (SSI) that may come into their possession as a result of this Agreement. A. RELEASE OF TECHNICAL DATA No Sensitive Security Information (SSI), as defined in 49 CFR Parts 15 and 1520, concerning the scope of this Agreement, shall be published or released to the public without prior written approval of the TSA Assistant Secretary or his or her designee. B. RECORDS AND RELEASE OF INFORMATION All Sensitive Security Information (SSI), as defined in 49 CFR Part 1520, shall be handled in accordance with TSA policies and regulations. All members assigned to work under this agreement are subject to the provisions of 49 CFR Part 1520, Protection of Sensitive Security Information, because they act for, or carry out duties for, or on behalf of the TSA. SSI may not be disclosed except in accordance with the provisions of that rule or where TSA otherwise approves. C. MEDIA The CITY shall not make publicity or public affairs activities related to the subject matter of this Page 13 of 19 HSTS04-10-H-CT 1039 Agreement unless written approval has been received from the TSA Office of Security Technology or the TSA Office of Strategic Communication and Public Affairs. ARTICLE XVIII - SURVIVAL OF PROVISIONS The following provision of this Agreement shall survive the termination of this Agreement: Article V — Project Responsibilities, paragraph C; Article XII — Required Federal Procurement Provisions; Article XI — Audits; Article XIV — Disputes, Article XVII — Protection of Information and Article XVIII — Survival of Provisions. IN WITNESS WHEREOF, the Parties have entered into this Agreement by their duly authorized officers. U. S. Department of Homeland Security City of Bangor, Maine Transportation Security Administration Bangor International Airport William Dorwart TSA Contracting Officer Date Copy to: Office of Security Technology Federal Security Director Name Title Date Page 14 of 19 1'i ,.U% HSTS04-10-H-CT 1039 Attachment I Airport Sponsor Certification Pursuant to Title XV, Subtitle A, section 1511 of the American Recovery and Reinvestment Act (Pub. L. 111-5 (Feb. 17, 2009) ("ARRA"), I *, hereby certify that the infrastructure investment funded by ARRA in the amount of $100,000.00 has received the full review and vetting required by law and that I accept responsibility that such investment is an appropriate use of taxpayer dollars. I further certify that the specific information required by section 1511 concerning this investment to address the design of Checked Inline Baggage Screening systems for Bangor International Airport is enclosed or is posted on the website, available to the public at [http:H ... (insert link) ... and linked to Recovery.gov. I understand that the (City) (Airport Authority) making application for ARRA funding may not receive ARRA infrastructure investment funding unless this certification is made and posted. * In accordance with section 1511 ofARRA, the Certifying Official may be either the Governor, mayor, or other chief executive, as appropriate. (SEAL) (Name of [City][Airport Authority]) (Signature of [City's] [Airport Authority's] Designated Official Representative — May be Governor, Mayor, or Other Chief Executive) By: (Typed Name of [City 's] [Airport Authority's] Designated Official Representative) Title: Attest: (Typed Title of [City's] [Airport Authority's] Designated Official Representative) Page 15 of 19 HSTS04-10-H-CTI 039 CERTIFICATE OF CITY's ATTORNEY , acting as Attorney for the Airport Authority do hereby certify: That in my opinion the [City] [Airport Authority] is empowered to certify to the above representations under the laws of the State of . Further, I have examined representations and documentation as attached and [City's] [Airport Authority's] official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State. Dated at this day of 2010. By: (Signature of [City's] [Airport Authority's] Attorney) Page 16 of 19 3