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HomeMy WebLinkAbout2007-08-27 07-283 ORDER`tem14% 07 283 nate: 8-27-07 Item/Subject: Order, Authorizing the City Manager m Execute a Cooperative Agreement wigs the U. S. Department of Homeland S unty, Transportation Security Administration — taw Enforcement Services, Bangor International Airport Responsible DeparlmerR: Airport Commentary: The Federal Government, through the TSA, requires that qualified law enforcementpersonnel beon- site at the Airport during TSA screening operating hours and to provide law enforcement respmse to the security passenger- peening checkpoints. In recognition of the sectional burden these requirements place on the Bangor Police Department, the TSA partially reimburses the Qty/Airport for these expenses. In order to be eligible for reimbursement, the Qty anti TSA must sign a cooperative agreement. The proposed agreement would be for the federal fiscal year beginning on O Icer 1, 200). The level of reimbursementis not known atthistlme and will be dependent upon funding levels induced in ne#years budget. In order to be eligible for this funding, and given that the level of police staining at the Ableort is mandatetl by the TSA, I would recommend your approval. Department Head Manager's Commems:`rfR7 !i IABM�'� Cfty Manager Associated information: Agreement; Statement of Joint Objectives Budget Approval: //. . < V= Director Legal Approval: my Solicitor Introduced for X Passage - _ First Readirm Page _ a_ Referral AssigndbCOwwvlor ealwei A�aC 27. 2007 CITY OF BANGOR (TITLE.) ORDER, Authorizing the City Manager to Execute a Cooperative Agreement with the U. S. Department of Homeland Security, Transportation Security Administration - Law Enforcement services, Bangor Intemati0nal Airport BE If ORDERED BY THE CITY COUNQL OF THE = OF BANGOR THAT the City Manager is hereby authorized to execute a Cooperative Agreement with the U.S. Department of Homeland Security, Transportation Security Administration, in regard to the provision of and reimbursement for Police Services provided to Bangor International Airport. w mw CO1 cm August 27. 2007 hatiov Made amd Seconded forssage Pas �d 1 a g O]-283 0 BH HH ([mz Authorlaine the City Manager to H cute a Cooperative Agreenont vlth rhe M, 9, Deoartseat of Home]aod Secarit]- lkaosportatiou LaSecurity Adaibietratlon v Haforcement Cerulean. Heoeor Iaterastloval ASrport Aadgoedto Covac&w� �_ 01 283 DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration TERMS AND CONDITIONS COOPERATOR: CRY OF BANGOR, MAINE AGREEMENT NO: HSTS0208HSLRO25 ARTICLE I—AUTHORIZING LEGISLATION (a) The Homeland Security Ac/ of 2002, H.R. 50(1 P.L. 107-205 (b) 49U.S.C.§§ 106(m) add 114(m) ARTICLE It - PROGRAM DESCRIPTION The Recipient rata the Transportation Security Admiwstration as part of this cooperative effort through the FSD and Ne will deploy and said sufficient law enforcement officers in meet Heir dual responsibility creaming the safety ofpaaserge s and m counternsks to transportation Wendy. PuMWW o 49 U.S.C. § 44903(c) ad 49 C.F.R. Pmt 1542, each Airyort Operator is required to establish an airport security program Nat provides a law enforcement prosence and capability at the airport Nat adequately ensures the safety. of passengers and national security The work described in the Statement ofdoldt Objectives is made pan of rids Cooperative Agreement as Attachment 1. ARTICLE III — BUDGET AND PROJECT PERIOD A. Pon suit Period: 1. The Project Peric l shall be live years from f 0/1/2007, the start date of this Cooperative Agreement, through 9/30/2007 condrtgent on acceptable performarme by Me Recipient of the program approved under this award and any TSA modifications and the availability of appropriated funds. 2. The Recipient shall not request reimbursement or incur costs or obligate funds for any purpose pertaining to the operation of the project, program, or activities poor m or beyond the expiration date 0 the performance paned. 07 283 ARTICLE IV —AMOUNT OF AWARD A. The total estimated cost of the TSA share for the performance of this award is TO BE DETERMINED. Costs reimbursed hereunder shall in no event exceetl that amount without prior written approval of the Grants Officer. B. Funds for future Fiscal years are contingent upon availability of funds. Recipient may receive a decrease in funding based on funding availability, number of Recipients, and/or project under runs. Should funds become available; a modification to the Cooperative Agreement wall be issued to obligate Me additional funds. C. This Cooperative Agreement is for the administmdon and completion of an approved Homelami Secudty/rronsportatlon Security Administration program or project within me Performance Period. Cooperative Agreement funds shall not be used for other purposes. D. The reimbursable costs for this award include but are not limited to: a. Fully burdened salary rale of a Police Patrol OMcor as described in Attachment 1. b. TSAfurnishedbainingand/orsewdtybdefings. E. No transfer of funds to agencies other than those identified in the approved grant application shall be made without prior approval of the TSA Grant Officer. F. The Participant shall follow the appropriation OMB Circulars for administrative and cost principles guidance and OMB Circular A-133 Audit of States, Local Governments and Non - Profit Organizations in the implementation of this award. ARTICLE V — COST-SHAREIMATCH This program has no statutory formula and no matching requirements. ARTICLE VI— MAINTENANCE OF EFFORT/SUPPLANTING OF FUND Funds approved under this Cooperative Agreement shall be used to supplement and shell not be used to supplant State or local funds dedicated to this effort. The Participant may be requested to support maintenance of effort through documentation supporting previous years budgets dedicated to this effort. ARTICLE VII — TRANSPORTATION SECURITY A. TSA officials for the Cooperative Agreement are as follows: 1. The Program Officer (PO) shall be the Office of Law Enforeement/FAMS staff member responsible for monitoring the completion of work and technical performance of the 3 07 283 projects or activities described in the application under the Statement of Joint Objectives. The Program Officer is Aimee Jackson. The contact information for the PO and his alternate Is listed below: Aimee Jackson Program Manager Transportation Securhy, Administration 601 S. 12th Street, TSA -18 East Tonar(E&2065) Arington, VA 22202 Telephone: 571.227.1532 e -Mall: almee.lackson@dhs.gov LEO Program Technical Representative Wendy Palacic 601 S. 12° Space TSA -18 East To"r(E8-PWS) Arington. VA 22202 Telephone: 571.227.2451 e -Mail: wendy.palacia@dhs.gov Grams OMcer Technical Representative) Budget and Finance Almon Jackson Transportation Securly Administration OLEIFAMS/LEO Program, TSA -18 601 S. 1281 Avenue, E8 -206S Arington VA 22202 Telephone: 571.227.1W e -Mail: almee.lackson@dhe.gov 2. The Grards Officer is the only TSA official that has the full authority to negotiate, administer and execute all terms and conditions of the Cooperative Agreement In concurrence with the Program Officer. The Grant Officer is Fabian L. Masterson Contracting Officer (Grants) Transportation Severity Administration Transportation Credentialing 8 Sector NeMrork Management 10W412N, TSA -25 601 S. 1P Street Arington VA 22202 Telephone: 517-227-1587, FAX 571-227-1392 e -Mail: oatrcia.maslersonAchso ARTICLE VIII — TRANSPORTATION SECURITY ADMINISTRATION INVOLVMENT: Complete participation in this program is described in Attachment 1. 07 283 ARTICLE 1%—Terms and Conditions FOIA: All requests for information. to include Mose under the Freedom of Information Act or Privacy Acts, will be forwarded to Me TSA Program Officer. The TSA Program Officer will coordinate a response with the TSA FOIA Office. O minization Stafina: The project shall restated and organized by the Participant to satisfy its assigned mission and to perform its required! functions. Insurance: The Participant shall at all fimes during the duration of this Agreement maintain insurance or be self insured relating to the project and Participant employees covering property, fire, casualty, liability, life, workers compensation, and all other forms of Insurance customarily obtained by evades in the same industry. The Participant will not insure TSA agents, contractors, or anyone else against any of these risks. Public Affairs: Ali public affairs activities related to project(s) sponsored under this award, and its activities must be approved by TSA. This does not preclude the Cooperator's personnel from participating in public affairs activities not relatetl to pmject(s) sponsored under this award solely as agents of the Coopemto. Copwinht: The Participant is free to copyright any original work developed in the course of or under the agreement. The TSA reserves a royalty -free, nonexdusive and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, the work for Government purposes. Any publication resulting from work performed under this agreement shall include an acknowledgement of TSA financial support and a statement that Me publication does not necessarily reflect TSA's views. Contract Pmvis'ons: All contracts esteemed under this Cooperative Agreement will contain the contract provisions listed under the OMB Circular A-102, Common Rule, section 36 (1) Contract pmvisions o OMB Cimular A-110, section 48 Contract Provisions. Environmental Requirements: Cooperators are encouraged to Irrtegrate National Environmental Policy Act (NEPA) compliance and related legislation with the initial planning into selection process for this program. Cooperators are encouraged b coordinate with the TSA Environmental Officare in complying with NEPA and Historic Preservation Ad requirements. Local Permits: Prior to the start of any construction activity, the Participant shall ensure that all applicable Federal, Stale, and local permits and clearances am obtained. Publications: In compliance with the Section 623 of the Treasury, Postal Service, and General Government Appropriations Act, 1893, and reenacted! in Section 621 of Me fiscal year 1994 Appropriations Ad requires Mat all recipients disease the amount and percentage of Federal funding and funding from non-governmental sources when making public announcements about Federally -funded Projects in the amount of 5500,000 or more. Termination: Eitherthe Padicipanto TSA my criminate Me Cooperative Agreement by giving written notice to the other party at least thirty (30) calendars days prior to the effective data of Me termination. All notices are lo be transmit[etl via registered or certifietl mail, return mompt 5 07 283 requested. The Cooperator's authority 0 incur new nista will be terminated upon arrival of the data of receipt of Ne letter a the date set forth in the notice. Any oasts insured up b the earlier of the date of the receipt of the notice or the data of termination sad forth in the notice will be negotiatetl for final payment. Closeout of the Cooperative Agreement wall be mmmenced arta processed asunder OMB Graalar A-102, Common Rule .50 Closeouts. Buy America: The Grantee, Subgramees and contractors receiving funds tram this gram shall comply with the Buy American Act (41 U.S.C. 10a at seq.) unless it is determined that it is inconsistent with the public interest, impracticable to comply with such a requirement or that it would unreasonable increase the cast of articles, materials, or supplies. The exception shall be noted in the specifications and documentation to justify Ne exception will be retained in the grant file for recoM. ARTICLE X— REQUEST FOR REIMBURSEMENT A. Payment under this award will be authorized by the reimbursement payment method (using Me SF 270, 'Request for Advance or Reimbursement') in compliance with information provided in Me SF 424A °Budget Information' with supporting invoice document. B. The TSA will reimburse Me Recipient monthly for amounts expended for Me activities describad in the SOJO. The amount of TO BE DETERMINED is hereby committed for obligation for the categories outlined in the SOJO, Attachment 1. Recipient is required to provide mandated Law Enforcement Services regardless of funding leve' or period funding is received. C. Requests for reimbursement SF270's must be submitted to the FSD or FSD Designee for certification within 30 days of the end of Me monthly period of performance (ex. SF 270's for Januarys period of performance must be submitted no later Man February 21P).shail be submitted monthly through the local FSD office at Me address listed in Attachment 1. Detailed documentation must be available for each item for which reimbursement is requested; for example, checkpoint bgs, timesheets, and/or appropriate validation from payroll for each individual Law Enforcement Officers' fully burden salary rate as described in Attachment 1. D. Include banking information and DUNS number on all SF270's submitted E. Participant must be registered in Me Centralized Contractor Registration (CCR) at CCR.gov. Banking information and DUNS numberrefiecled on SF270 must match information contained in the Recpient's CCR account. Inaccurate Information may result in payment delays. F. Noncompliance with all or portion of Me terms and requirements of this Cooperative Agreement, or if a disagreement arises on the interpretation of the provisions of this Cooperative Agreement, or modifications anchor revisions thereto, he Program Manager and Grants Officer In consultation with he FSD will attempt to resolve the matter. If the matter cannot be resolved, the Grant Officer will determine with the FSD and Program Manager the materiality of the breach and/or resolution of the interpretation of the Cooperative Agreement and Me appropriate action(s) that may be taken. The Grant Officers determination and 07 283 proposed action will be in writing and shall be presented to by the FSD and/or the Grant Officer. The Recipient may use the Alternative Dispute Resolution (ADR) process to appeal. ARTICLE Xl- FINANCIAL REPORTS A. FINANCIAL STATUS REPORT: The Recipient shall submit financial reports (SF 269, Financial Status Report) to the appropriated Awarding Office within 30 days after end of each budget period. B. Final Fins ndal Status Reports are due 90 days after the dose of a eW Recipient fiscal year. C. Submit Financial reports to: Grants Officer, Block 5, face page of this agreement. ARTICLE XII— PERFORMANCE REPORTS A. The Program Officer shall review the monthly Certification sheets submitted by the Federal Security Director. B. The annual performance review shall consist of a comparison of the following. LEO evaluation/certification results ASI Compliance Reports Consolidated invoiced and actual coral reports ARTICLE XIII —COOPERATIVE AGREEMENT MODIFICATIONS A. Changes and/or modifications to this Agreement although done unilaterally shall be in writing and signed by the TSA Grans Officer. The modification shall cite the Cooperative Agreement number and shall set forth the exact nature of the change and/or modification. No oral statement by any person shall be interpreted as modifying or otherwise affecting the terns of this Agreement. B. All requests for interpretations of this Agreement or modifications to it shall be submitted in writing to the TSA Grants Oficer, C. EXTENSION REQUEST: 1. Extensions to Me performance period can only be authorized! in writing by the TSA Grants Officer with Ne concurrence of Me TSA Program Officer. 2. Requests far time extensions to Me Performance Period will be considered but will not be granted automatically and must be supported by adequate justification to lbs processed. The justification is a written explanation of the reason or reasons for the delay; an outline of remaining Ponds available to support the extended Performance Period and a description of performance measures necessary to fulfill regulatory requirement. Without 7 17 283 finandal status reports curent and justification submitted extension requests shall not be processed. 3. TSA has no obligation to provide additional funding as a result of an extension. All modifica0ons to the award to increase funding or to extend the Performance Periatl are at the sole diSCM&M of the TSA staff involved in this Cooperative Agreement. ARTICLE XIV —AUDIT REQUIREMENTS Cooperators must follow the audit requirements under OMB Circular No. A-133, Audits for States, Local Govemmenis and Non -Profit Organizations. Non -Federal entities that expand $500,000 or more of Federal funs in their fiscal year shall have a single or programspecific audit conducted for that year in accordance with the provisions of A-133. ARTICLE XV—GENERAL PROVISIONS The following are hereby incorporated into this agreement by reference: 31 CFR 205 Rules and Procedures for Funds Tmnsfem OMB Circular A-102 Uniform Administrative Requirements for grants and Cooperative Agreements with State and Local Governments OMB Circular A-87 Cost Principles for State and Local Governments OMB Circular A-110 Uniform Administrative Requirements for Grants an Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations OMB Circular A-21 Cost Principles for Educational Institutions OMB Circular A-122 Lest Principles for Nonprofit Organizations For-profit organizations are subject to the provisions of 48 CFR Part 31, 'Contract Cost Practices and Procedures.' Application Cooperative Agreement Application and Assurances contained therein received by TSA on 8/1WW7 and/or as amended on End of Cooperative Agreement HSTS0208HSLR025 K3 nti 2R3 TRANSPORTATION SECURITY ADMINISTRATION AIRPORT LAW ENFORCEMENT PERSONNEL PROGRAM STATEMENT OF JOINT OBJECTIVES Program Narrative Statement This document defines the responsibilities and conditions that the City of Bangor (hereinafter referred to as the'Participanf) agrees to as part of Transportation Security Administration (TSA) Airport Law Enforcement Personnel Program, hereafter referred to as the 'Program." This document also defines responsibilities and participation of the TSA. The authority to enter into this agreement is granted by 49 U.S.C. §§ 106(m) and 114(m). TSA has programmatic authority for the activities undertaken in Nis Cooperative Agreement pursuant l0 49 U.S.C. §§ 114(g), 44901(g), 44903(e) and 44922(f). The effective date of the Cooperative Agreement Wit be the date of the signature by the TSA Grant Officer, with a pre - agreement dale based upon the data of the last signature on this Statement of Joint Ob)ectives. This agreement is contingent upon participant acceptance of the federal Law Enforcement Officer Reimbursement Agreement Program grant offer. The Participant agrees fo provide qualified law enforcement services on-site at Me Bangor International Airport during TSA screening operation hours and to provide law enforcement response to the security passenger -screening checkpoints in keeping with requiremerts provided by TSA in accordance with the current Security Directive 1542-01-0T (aeries), or other regulations and documents regarding law enforcement services The TSA will provide pallial reimbursement support for on-stte response to airport security passsngerscre ming checkpoints supplied by the City of Bangor Police Depadmenl pursuant to the terms of this Law Enforcement Officer Cooperative Agreamentgrantagreement. Paymentissubjecttotheavailabifity of appropriated funds and compliance with the requirements of the applicable Security Directrase, the Airport Security Plan, and other regulations regarding law enforcement services as noted in the paragraph above. Should the Participant fail fo comply with the provisions Outlined in this agreement, the Participant may face full or partial forfeiture of payment or sanctions up to removal from the Program. 1. The TSA volt provide partial reimbursement to Participants. TSA will provide funds as available to offset the cast to carry out Aviation LE responsibilities in accordance with the guidance and restrictions associated with the Law Enforcement Officer Cooperative Agreement Program grant agreement. FOR OFFICIAL USE ONLY o Actualldirect costs for fully burdened salary rete of a Police Patrol Officer Fully Burdened rete includes: - base salary for each locally social security - 4g1(k}/4O3(b}/457 plans - Disability Insurance - Health care benefits - Pension - Life Insurance o No OverheaoAdministretive Costs 2. The TSA Federal Security Director (FSD), in consultation w4h the airport operator and local law enforcement, may determine that flex stationing is appropriate in certain arcumstances, and that an armed LAW ENFORCEMENT OFFICER (LEO) or state certified armed security guard, if applicable, may therefore not have to be posted at the airport screening location. 3. The TSA will process Participant monthly invoices promptly after obtaining FSD signature, certifying that work was performed in accordance with the Agreement. 4. The TSA will notify the Participant, immediately in writing, of any Manges in the points of contact for invoicing or dedication of the intent of the Cooperative Agreement. 5. The TSA will provide on an as needed basis, as determined by the FSD or other TSA representative, treining/briefings on relevant security topics, to include but fro[ INnRed to: 1. Improvised Explosive Device recognition. 2. Flying Armed Law Enforcement Officer regulation. 3. Armed Law Enforcement Officer Federal Criminal statutes pertinent to Aviation Security. 4. Armed Law Enforcement Of ais, No-Fly/selectee procedures/processes. 5. Man Portable Air Defense System. B Screening Passengers by Observation Technique 6. The TSA will notify the Participant, immediately in writing, if for any reason the TSA desires to terminate padicipafion in the Program. Resolution of specific details on outstanding issues will be accomplished on a csse-by-case basis. PARTICIPANT RESPONSIBILITIES: 1. The Participant agrees to maintain a sufficient number of law enforcement personnel to satisfy the responsibilities as outlined in Paragraphs 2 and 3 below FOR OFFICIAL USE ONLY 07 283 provided the Participant receives the level of funding agreed to in the Law Entorcement Officer Cooperative Agreement Progmmgmntagreement. Funding is intended to support LAW ENFORCEMENT OFFICER (LEO) presence for flexible stationing or dedicated checkpoint support as needed based on surges, security alerts, and other conditions. 2. TO BE COMPLETED BY INDIVIDUAL FSD IN COORDINATION WITH AIRPORT OPERATOR BASED ON AIRPORT CATEGORY AND AIRPORT SECURITY PLAN After September 11, 2007, The Transportation Security Administration (TSA) was established to strengthen the security of U.S. transportation systems. TSA Security Directives are issued, as necessary, to mitigate securiy threats to U.S. dvil aviation. In accordance with current TSA Severity Directive 1542-01-07 (series) the Participant agrees lc provide qualified law enforcement (or) state qualified armed seventy officers at TSA checkpoints during the hours of TSA screening operations. The Bangor International Airport (BGR) has played a role in the events resulting in the tragic events of September 11, 2007, as subsequent investigation revealed Mat terrorist Mohammad Alta and several others had considered and attempted to fly out of BGR Ilial day. This information along with Me fact that BGR is a joint use airneld with the Army and Air National Guards, is the diversion point for the East Coast, and sees tern of thousands military troops move through It yearly, all combine to make BGR an attractive target for future would-be terrorists. Thus, it is imperative that BGR provide qualified law enforcement at the airport during the hours of TSA screening operations in number and manner sufficient to support aviation security. 3. The Participant will provide monthly invoices in addition to the SF270 to the RED and to the Contract Officer's Representative in Me format provided by TSA, and the Law Enforcement Officer Cooperative Agreement Program grant requirements, detailing the number of hours of LE services provided, be agreed to houdy rate, and the total amount requestetl for reimbursement in accordance with the Law Enforcement Officer Cooperative Agreement Program grant agreement. . Monthly invoicing consists of services provided from the 1° day of Me month to Me last day of the month trot to exceed SO days Past the invoiced period of performance. 4. The Participant will notify the TSA, immediately in writing, of any changes to the points of contact for this Agreement or in Me law enforcement agency providing the services to TSA. 5. The Participant will notify the TSA, immediately In writing, if for any reason the Participant desires to terminate participation in the Program. Resolution of FOR OFFICIAL USE ONLY N7 2°3 specific details on outstanding issues will be accomplished on a case-by-case basis. 5. The Participants or the Law Enforcement providers will not publicly disclose Sensitive Security Information (SSI) In any context, Including litigation or pursuant to a state open records act request without the advance approval of TSA as provided! in 49 CFR part 1520. A copy of any summons, complaint, subpoena, or other legal document served upon a State or local Law Enforcement Oacer that is related to a legal proceeding that seeks records or testimony containing SSI shall be promptly forwarded to the FSD or the Federal Security Director's designee for forwarding to Transportation Security Administration's Field Counsel ]. The Participant will coordinate all media releases and other contact with or by media on the terms and conditions of this CA with the Federal Security Director. & As requested by the FSD, the Participant will participate in pertinent security breach drill/exercises dependent on staffing availability. 9. As requested by Me FSD, the Participant will participate in pertinent MAN PORTABLE AIR DEFENSE SYSTEM (MANPADS) assessments and exercises dependent on staffing availability. 10. As requested by Me FSD, the Participant will participate in new and emerging aviation security programs as necessary and dependant on staffing availability. (Ex. Aviation Direct Access Secvnty Program (ADASP). 11. As requested by the FSD, the Participant wilt provide verification of Law Enforcement Officer credentials as required by Transportation Security Administration. 12. The Participant will cooperate with Federal authorities during criminal and regulatory investigations involving the airport. 13. The Participant will provide support for VIP/executive protection operations. 14. The Participant will promptly furnish on request incident reports and other information dealing with Aviation Security and other criminal activities at the airport. 15. The Participant will fully cooperate with regulatory investigations. The TSA may provide administrative and informational updates to the attachments (i.e., updates to Me HO Program Staff listing) wiNout re -issuance of this agreement Any new attachment(s) or significant changes to the document FOR OFFICML USE ONLY 07 283 will be accomplished through wdllen modifications as provided in the Terms and Conditions of this agreement. 16. PROTECTION OF INFORMATION The parties agree that they shall take appropriate measures to protect proprietary, pdvilegeq or otherwise confidential Information that may some into their possession as a result of his Cooperative Agreement, including Security Sensitive Information (SSI) as explained in NT above. FOR OFFICIAL USE ONLY