HomeMy WebLinkAbout2003-07-14 03-237 RESOLVECOUNCIL
Item xo+�
Date: 7-1403
Item/g bject: Rmoke Accepting i Appropriating Deparbrrent of t emaMml Bacerity Funds
For the Purchase of Temorimm Mitigation Equipment
Responsible Department: Police
The Bangor Police Nipaitment's Bomb Squad was recently awarded $470,000 In grant funding for the
direct purchase of equipment. The grant funds were available m all dties and towns in Maine as part of
the Fiscal year 2003 State Homeland Security Grant Program, which was funded by the Department of
Homeland Security, Offlce for WmesUC Preparedness. The award, follow-up and oversight agency for
this grant program is the Maine Emergency Management Agency.
The Bangor Police Department was approved m purchase the following equipmenry bomb blast suits,
bomb robot and a bomb containment mobile unit. The funding for the purchases is 100% federal, there
Is no local match.
Depart -vent Head
ManageYs Comments:
G✓,
r' qty Manager
Associated Information:
city Solicitor
_ Passage
][ Fimt Reading Page _ a_
X Referral - Finance Committee of July 23, 2003
03-237
Assigned to COwcIIor Creeve July 16. 7003
W
CITY OF BANGOR
(TITLE.) Resolve, Accepting & Appropriating Department of Homeland Security
Funds for the Purchase of Terrorism Mitigation Equipment
By the G'ty Coaxit of one City ofBangor.
BE rT RESOLVED that the amount of $470,000 In Department of Homeland Security, Office for
Domestic Preparedness funding, administered by the Maine Emergency Management Agency, is
hereby accepted & appropriated for the purpose of purchasing equipment to be utilized by the
Bangor Police Department's Bomb Squad.
IN CITT COONCIL
July 16. 2003
First eeadfag
Referred to a C ttee
cl cLew
Jon ci3T m CfL
July 28. 2003
Motion Mase and seeamed
for Passage
Paeead
CI CLBB&
# 03-237
R 680L VE
(TITLEJceptin 6 Appropriating Oepaiteent
of Hare t
Security a or of
T i ossa Mitigation equipment
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Ag e=n[ Number: HSTSOI-O4A-L MIO
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LAW ENFORCEMENT PERSONNEL
REIMBURSEMENT AGREEMENT
BETWEEN THE
TRANSPORTATION SECURITY ADMINISTRATION AND
CITY OF BANGOR
DEPARTMENT OF HOMELAND SECURITY
L SPORTATION SECU ADM@]LSTRATION
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VNAMYJPJ2®RH.BA46MAY SFSULTMQVILPOJN.T'OR OTN9XPCItg1. P US.WYPAM@n AG MS,
w CAVMLalR roK oLTERIANEOI US U.&C.g SU
REIMBURSEMENT AGREEMENT BETWEEN
THE TRANSPORTATION SECURM ADMINISTRATION AND
CITY OF BANGOR
REGARDING LAW ENFORCEMENT SERVICES AT BANGOR INTERNA
AWORT (BGR)
L PARTIES
The parties to this Reimburremem Agreement (RA) orodsrwdse refereed Wherein as
"AgreemeN" are the Transpona0on Security Administration (TSA) and City of Bangor.
IL BACKGROUND
Oa November 19, 2001, the President and Congress enacted the Aviation and Tramponatiov
Security Act (ATSA), P.L. 107-71, 115 Stat. 597, which establisbM TSA as a new Federal
agency. ATSA provides authority to the Adroinimator of the Transportation Security
Admioishetion to carry, ow chapter 449 of Title 49 United States Code relating to civil aviation
security, including responsibility for supervision of screening pasangers std property o
ahpons, coal for ordering the deployment of law enforeemem persormel (LEAs) authorized to
carry fueanms at each airport security passenger-screendng location to cuaurc passcoger solely
and national security. $an 49 U.S.C. §§ 44901. Much of the sialsrity of the Administrator of
the Transportatwn Security Administration provided by ATSA and the United States Code has
ban delegated to ds Assistant Administrator for Aviaticns Operations and to the Federal
Security Directors (FSDs). The FSO is TSA's representative for security motors o the airport.
Pmsuantto 49 U.S.C. § 44903(c) today C.F.R. Part 1542, each AirportAuthority is required to
establish an as transportation security program that provides a law enforcement presence ant
capabilhy at the ahpon that is adequate m arsmc the safety ofpassengers. This reimbursable
agreement is pan of ds cooperative effort of TSA through the FSD aed City of Bangor to deploy
sufficient law evfircement officers to meet the¢ dual responsibility to ensure the safety of
passerngess and to counter risks to Irsnsportotion security.
III. AUTHORITY _
TSAemers imotbis RAunder the a uthorityof49U.S.C.§§ 106(m) and 114(m). TSAhas
pmga icauthorityfor0sactivitiesundermkmm Bds RApursuantm49U.S.C.§§
114(g), 44901(8), 44903(e) and 449220.
Tis City of Bangor colors mtc this RA under the authority of Council Order 03-236, doe
July 7, 2003.
The purpose of this RA is to
Ends) for LEOS provided bl
to by the panic in Appeodh
eimbuca mem (subject to the availability of appropriated
agar POEM Department m the hourly raze,=rosily agreed
vs RA, for providing qualified law enforcement services our
and to provide law enforcement response to the security
keeping with requirements provided by TSA This RA
iassement through other United States Govawent progs®
United States Govemmem does rot pay, find or reimburse
to same expenses incurred by the qualified LEO in
good on-site athe airport to respond to the security
Dangm International Airport. The Bangor Police Department
Ing double recovery for LEOs services performed m airports.
(1) City of Bangor is responsible for providing qualified LEOs at airports it operates in
accordance with the most recap version of Security Directive 1542-01-0] (series), or other
subsequent and superseding regulations or dom®ents regarding Jaw enforcement services
regardless of the slams of this R
(2) TSA agrees to pay porsuam in Appendix A the fixed hourly rate ofthe qualified LEDs for
omshe response to airport security passenger -screening checkpoints supplied by Bangor Police
Department ptammnt to the terms of this RA- Payment is subject to the availability of
epproprimed funds and compliance with the requirements of the applicable Security D'mective(s),
the Airport Security Frogam, and minitations or documents regarding law enforcement services
as noted in Sub article (1) of this Paragraph shove. Such appropriated finds shall cover such
LEO services pmnled to the airport security pazsamgerserttmdng checkpoints from execution of
this RA while this RA remains in face in Meadows with Article XV, Effective Data and Tenn
of Agreement, Amendments, and Modifications of Us RA or until such time as this RA is
terminated in aroordarce with Article WE, Termination. The applicable Security Directive
(S.D.) under which TSA makes payment for services is the S.D. that was in effect on the day the
Contmming Officer signs this RA.
If the Cay of Bangor does not comply with all oftlte terms and requirements of this RA, in if
disageemem arises on the interpretation of the provisions of this RA, or modifications and/or
revisions thereto, the Connecting Officer in orientation with die FSD will attempt in resolve the
matter. Ifthe matter cannot be resolved, the (3onttading Officer will determine with the FSD the
materiality of the breach and/or resolution of the interpretation of the RA and the appropriate
Whirls) that may be taken. The Contracting Officer's determination and proposed action will
be nt writing and shall be presealM to the Cay of Bangor by either the FSD or the Contrecting
Officer.
A material beach and/or resolution of Are imeryr action of this RA may result in action by the
Communing Officer including but vol limited m: suspension or lamination of the RA;
withholding and/or termination of reimbursement to City ofBaneor.
If action based on noncompliance is taken, the Connecting Officer's determination of material
(reach and asmcisted nation may be appealed in accordance with Article XX of this RA.
Should the City of Bangor have a continuing disagrcement wEh the interpretation of the RA that
interpretation may be appealed also in accordance with Article XX of this RA
The total estimated funding of this RA for Federal 6ual year 2003 is $25,580.96 and the total
estimaed fording for Federal fiscal year 2004 is $79,056.00 and shall net ekceed $104,636.96 as
payment for Bangor Police Department providing the required law enforcement services on-site
at the airport for response to the security passenger- screening cbeckpoims it accordance with the
terms of this RA, Security Directive 1542-01-07 (cries), the Airport Security Program, or other
subsequent and superseding regulations or documents regarding law enforcement services for
aviation security. Reimbursement is 4rnited to paymem for actual hears ofLFA service at the
agreedfind hourly rate. hetotaleAimatedfundingofihis RAwMlb isda uallyeitim
bymodificationoffinsMorbypurchsseorder. The ental estimated fuMbg is wasideredto be
a ceiling that CkyofBaogor may mt escced ("ceptat its own fruncid risk) without ted written
approval of the ContmchN Officer.
The funding ceding ane uat of this RA provided by Paragraph A of Ankle V. of $104,636.96
may only be increased by mutual agreement of the parties. It is estimated that finding for dus
RA is sufficient to support providing the respired law enforcement services on-site or the airport
for response to the security passenger -screening checkpoints in accordance with the tams of flus
RA and meeting the level of effort and m the rate stated in Appendix A and Appendix A-1 from
On effective date of the agreenarm through September 30, 2004. The funds preuntly available
far payment ant allotted an this RA are $104,636.96
This RA may be incrementally burden during the fiscal year subject to the availability ofFedeml
funds Funds Innocently available for payment ant allotted to this RA are $10,1,636M
PREQ 04-LEF-010
OSAVO ONO-2q-ICMUFA2l-2B15BGR000.25407
$25,550.96
Federal fiscal year 2004
PR Number PREQ 04-LEF-010.1
Accourrmg late 05AVONNO-2004-laBLEFA21-2B15BGR000.25407
Amount $79,056.00
D. Billing Instructions
Invoices shall contain de infornation listed bekw. City of Bangor shall submit invokes to the
following with a Poll to" to the FSD:
For FedEx or other overnight services. and/or US Mail:
Chris Gorham
Transportation Security Administration
LEO Reimbursemerr Program
TSA-Headquamrs, East Building
Floor 8, TSA-7
601 South 121° Street
Arlington, VA 22202-4220
Payment fir work performed under ibis RA will be made as soon as possible after receipt of
invoices, subject to review and approval by the Cowxting Officer and other TSA designated
rtpresentativea ShouMaoymlev informationmflectedonsubm'atedinvokre questiored,
the Contracting Officer may withhold all amounts in question mail such time as the information
is annfrmad.
Invokes shall N submitted no more frequently than vwuddy, and shall only refiat the hours of
LEO service Provided at We fixed hourly rate accumulated through City of Barrier nomad
month<nd accounting cutoff date. City of Bangor invoke fimnts are acceptable. However, all
invoices shall, as a miNnum include the fihlowing:
1. Reimbursable Agreement Number— this number appears at the top of the cover
sheet for this RA. The complete munber most be provided and will appear is the
fnllowmg alpha (A)-numeric (N) sequence: HSTS01-M-A-LEFNNN
2. Invoke Date
3. Invoice Number
4. Name ant Address of Party Requesting Reimbursement
5. Point of Contact, with Address,Telephone, Fax ant Email Correct Information
6. Taxldeatification Number
7. Period of Service for which Reimbursement is Requested (from and to dates)
8. Description of Services Performed
9. Toted Number of UO Hours Billed for Time Period
10. Tonal Amount of Reimbursement Requested
11. Electronic Funds Transfer (EFT) Banking hmfomation (only untamed on lost
submitted invoice unless information changes)
12. Remittance Address
13. Certification ofItNuester, including the following language:
]his Is to cerHjy that the services ret forth herein were performed owing the
period stated ant that the unwire afor hours actually worked
14. Signature of Requester's Authorized Representative with Date
The Department ofTramgtar acer will make payment using the Aulommic Clearing House
(ACH)Network, mdew City of Barilpor requests a waiver. After award, bra before submitting
the fust invoice, the City of Bargor shall designate a financial institution for receipt ofelectmnio
furls traafa payments.
Said submission shall be done on a Standard Form 3881 which can be [wont m
www.gsa.gov/forms. Submit this thim to the TSA Finance Office indicated for the receipt of
Invoices.
E. Prompt Payment
Notwahsmvd'mg any other payment clause in this RA, the Goverment will make invoice
paynmms under the terms and conditions specified in this clause. Payment shall be considered as
being made on the day a check is dated or an electronic fads transfer is rade. All days referred
to in this clause are calendar days, unless otherwise specified.
(a) hmvioe Payments
(1) For pmpoxs of this clause, invoice payment means a Govamnent
disbursement ofmonies N Cay of Bangor under a contract or other authorization
for supplies or services accepted by the Goveramcm. This includes payments for
partial deliveries that have been accepted by the Government, final payments
miler T" and labor-how contraas, and find cost or fie payments where
amounts owed have been settled between the Govemmera sad the City of Bangor.
(2) Except as indicated in Bab article (a)(3) and Auricle (c) of this clause, the due
data for making invoice payments by the designated payment office shall be the
lata of the following two events:
(i) The 30th day after the designated billing office has received a
proper inwice from the City ofBongor.
(ip) The 30th day after Govemmern accepmrwe of services
performed by the City ofBunion. On a final wvoice where the
payment aornen is subject to contract settlement aauns,
acceptance shall be dcemed to have crowned on the effective date
of office contrsM warrior
the However, tithe dedgreted billing
f vs6pt,
thein fats to yrnent d the invoice coed the actual date o3M day
the invoice payment due date Bangor's
be deemed at d, the 3oth day
after the iceis Cityof ved angor's invoiceisdined,provideda
proper unroialiis received there isrodisantre a
ov
quantity, quality, or City of Bangor compliancee cewith contract
requirements.
(3) An invoice is City of Bangor's bill or written raluest for payment ursler the
accused for supplies delivered or ret vices performed. Minvoice shall be
prepared and submated to the designated billing officer specified in tbe contract.
A proper invoice mus[ include the items listed in Article V, Paragraph D above.
Ifthe invoice does not w Wly with these requiremerae, [bent the City of Bangor
will be notified of the defect within seven ('n days after receipt ofthe invoice W
the designated billing offer. Unthnely notification will be taken into account in
the covryulation ofary interest penalty owed the City of Bangor in the manner
desafred in Sub nature (a)(6) of this clause.
(4) An interest penalty shell be paid automatically by the Govemment,
without request firm the Cay of Bangor, if payment is not made by the
due dura and the conditions Usted in subdivisions (a)(4)(i) through
(a)(4xif) ofthis clause aro mo, Wapplieable.
() A proper invoke was received by the designated billing office.
(d) A receiving report or older Govemment document&ion
authorizing payment was processed and there was no disagreement
over quantity. quality, or City of Bangor compliance with any
contract term or condition.
(m) In the case of firul invoice for any balance of funds due the
Cay of Bangor for supplies delivered or services performed, the
amount was not subject to further construct settlement actioro
between the Govemmem and! the City ofBavgor.
(5) The wt crust penalty amount, interest rare and the period for which the interest
penalty was computed, will be separately stated by the designated payment office
on the check, in accompanying remittance advice, or, in the case of wire tmmfers,
by inappropriate electronic dam message accompanying the more transfer. Ifthe
designated billing office failed to notdy Cay of Bangor ofa defective invoice
within the periods prescribed in Sub article (a)(3) of this clause, then the due date
on the connected invoice will be adjusted by subtracting the number of days taken
beyond the proscribed notification of defects period Any interest penalty owed
City ofBangor will be based on this adjusted due date. Adjustments will be made
by the designated laymeat office for ertors in ca"baing interest penalties, if
requested by City of Bangor.
(i) For the sale purpose ofcompuling an interest penalty that might
be dm the City of Bangor, Gowmrncnl acceptance shall be
deco d to have occurred construsiwly on the 7th day (unless
olherwiue specified as this contract) aver City of Bangor delivered
the supplies or performed the services in accordance with the terns
and coMiti ns ofthe earnings, unless there is a disegeememt over
quantity, quality, or City of Bangor's compliance with a contract
provision, Iv the evert that actual acceptance occurs within the
corwtmcaw acceptarwe period, sloe dcmrmrevion of an irderest
penalty shall be basad on rico actual daze of acceptance. The
constructive acceptance requheatent does sat, however, compel
Cmvemmerd officials to accept supplies or services, perform
contract administration functions, or make payinmt )aorto
fulfilling then reaponvbilities.
(h) The following periods of time will not be included in the
determination of an interest penalty:
(A) The period taken to notify City of Banger of
defects in lowness; submitted to the Goverment,
but this may act exceed sewn (7) days.
(B) The period between the defects mace and
resubmission of the connected invoice by City of
Bangor.
(C) Any period of delay caused by incorrect
electronic funds tmrisf (EFF) information, in
accordance with the EFT clause of this coadracl.
(0. Ince res[ penalties of less than $1.00 need not he NO
(iv) Interest penalties are amt required on payment delays due to
disagreement between the Govemmem ant City of Bangor over
the payment amamt or other issues mwWiug contract compliance
or on antimmLs tangentially withheld or retained in accordance with
tetanus of We lZA. Contl disputeRad interestthalmy
be payable, will be resaWd in accordance with TSA conduct
disputes resolution pncedures.
(6) An interest penalty shall also be paid automazically by the designated payment
office, without request from City of Bangor, if a discowt far prompt payment is
taken imp operly. The mtaeal pmahy will be calculated as described in sub
article (a)(5) oft his clause on the aamunt of discount taken for the period
beginning with the that day wer Use end of the discount period through the date
when CRY ofT angor is paid.
V AUDITS
TSA shall have the right to examine or audit relevant financial records for aperbd of thirce (3)
years after expiration of the term of this RA City of Bangor must maintain an esmblisbed
accounting system that complies with generally accepted mounting principles.
A. Audit and Records
As used in than clause, records includes book; documixts, 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 amy other from
B. Examination of Records
This is a fixed labor -how rale RA, under which City of Bangor shag maintain and the
Contracting Officer, Conorming Officer's Representative, or an authorized representative of the
Contracting Odcur, or other authorized Federal ufrcial shall have the right to examine and au lit
all records and other evidence sufficient to reflect property all hours claimed to have been
incurred in performance of Us RA- This right of combustion shall include inspection at all
reasonable tines of City of Bangor offices, or pros of them, engaged in performing the RA. City
of Bangor shall provide noticeto TSA ofthe location and custodian of supporting documentation
to include Time Sheets, Payroll Report or Other Dowmentation that substantiates the hums
worked ands the RA and will make them available for review timing wrmal working bums
whet requested by an wthoriui Federal official.
C. Comptroller General
The Comptroller General of the Gaited States, or an amhorized representative, shall have access
to and the right to examine my of City ofBarlow's directly pertinent records involving
trmmctions related to this RA or a subcommct hereunder.
This Article may net be mmhned no require City of Bangor or mbcentrecbr to create or
erotism any record that City of Bangor or subcontractor does not maimain in the ordinary
course of business or permit to a provision of law.
D. Availability
City of Barger shall make available at as office mall reasonable times the records, materials and
other evidence described in Articles (A), (B), out (C) of this chose, for examination, andi6 or
repeoductim, until three (3) yeas ager final paymer under this RA, or for my longer period
required by smoae or by other clauses of this RA. In addition:
(1) If this RA is completely or parially termina", the records relating to the work
twormated shall be made available for three (3) years after any resulting final termination
settlement; and
(2) Records relating to appeals order the "Comma Disputes' clause or to litigation or the
settlement of account disputes arising miler or relating to this RA shall be made
available muff such appeals, litigation, orcomract disputes are finally resolved.
E. Flow Down Clause
City of Bangor shall insert a clause containing all the terms of Article VI, ofthis RA, including
[Itis Paragraph (E), in all subcontracts to perform services there order that are labm-Mur rete
wntmms
for LFAs.
This clause may be altered only as necessary to identify properly the contracting parties and the
Contracting Offiar urder tltis RA.
F. Refund of Payments
The Contracting Officer has the right to demand the rmmn of payments made to City of portent
should the Contracting Officer determine that the hours used to calculate the invoice exceeds the
actual hours worked by City of Bangor.
W. CONTRACTING OFFICER'S REPRESENTATIVE
The Contracting Officer will designate a Contracting Officer's Represmmtive (COR) to not as
his or her authorized representative for coinfect administration functions which do not mvolve
changes m the scope, performance. prim, schedule, or terms and conditions of the H.A. The
deligation will be in writing, signed by the Contracting Officer, and will set firth the audmrities
mdUmiWtansoftherepresmtative(s)o athe RA. Suchdesigrotion will rot muem
anthordy to aigu contractual documents, order contract changes, modify cuntrrot term, or create
my commitment or liability on the part of the Goverment different from that set forth in the
RA
City ofBangor shall immediately comae the Contracting Officer if there is any question
regarding the authority of an individual to act as a representative of the Conhaction Officer
underthisRA
The COR for this RA is:
Toni Smith
Transportation Security Administration
TSA Headquarters, East Tower
Fkmr4g,TSA-7
601 South 124a Street
Arlington,VA 222024228
(571)227-2460
VID. RECORDS AND RELEASE OF INFORMATION
In the course of service under this RA, LEOs will have access to certain informatbn called
"Sensitive Security INommtiod' or SSL which is prmecmd by Federal statute end
regulation. LEOs may also create and maimein records that contain SSI, such ss
investigative reports that relmeto aviation security. SSlisspucificallydef edin49
CFRI520.7 LFAs assigned to work under this RA are subject to the duties and
requirements imposed by 49 CFR Part 1520, protection of Sensitive Security IMortnatioo.
As such, they may net publicly disclose SSI m any contest, ivcludmg litigation or personal
in a some open records act Poises, without the adverse approval of TSA as provided is 49
C.F.R.pan 1520. Ifaperty in a legal Proceeding seeks SSI in discovery or otherwise seeks
disclosure of SSI boom a LEO perfotmwg duties reeler this agreeneen, the LEO must
Provide immediate mace ofthe request for SSI to the FSD orthe FSD's designee, who
will in turn, forward the request to TSA's Field Continued. LEOS asked to testify about
purely factual manors that do net reveal SSI my do so without consultation with TSA.
AR records created by LFAs that contain SSI sball be marked with the following legend:
WARMNG: THIS 13IX;11NI iNT CONTAnis SENSITIVE SECURITY INFORMATION
THAT IS CONTROLLED IMDER THE PROVISIONS OF 49 CFR PART 1520. NO PART OF
THIS DOCUMENT MAY BE RELEASED WITHOW THE WRITTEN PERMISSION OF THE
ADMD,ISTRATOR OF THE TRANSPORTATION SECURITY ADMIR TSTRATION,
WASHINGTOND.C. UNAUTHORIZEDRELEASE MAY RESULT DICIVB. PENALTYOR
OUTERACTION. P0RU.5. GOVERNMENTAGENCIES, PUBLIC AVADdHD.I IS
DETERMDIED UNDER5 U.S.C.552.
DL LEGALDOCUMENTS
A copy of any summons, complaint, subpoena, or other legm document serval upon a Store or
Ideal LEO that is related to alegal proceeding(bat seeks records or testimony contend" SSI
shell be promptly forwarded to the FSD or the FSD's dmignce for forwarding ro TSA's Field
C tmel.
E. PROTECTION OF INFORMATION
The parties agree that they shall take appropriate measures to protect proprietary, privileged, or
otherwise confidential information ttat may come into their possession m a result of this RA,
including SSI as explained in Article VDI above.
RI. MEDIA INQUIRIES
All media releases and other comae( with or by media specific m the Security Directive 1542-01-
07 (series), the Airport Security Program, or other subsequent and superseding regulations or
docermnts regarding law enforcement services for aviation security shall be coordinated with the
FSDorthe PSD'sdesignee. Allrcediamle smdothammectwdhorbymed oothetemrs
rust conditions ofthis RA shall be comdimterl with the Contracting Officer. ftAnicle HIR.
M GENERAL ALLOCATION OF LiABILM
Unless specifically addressed by the terms of this RA or otlrrwise provided by Federal law, the
parties agree to be responsible for the negligent or wrongful acts or omission; of their respective
employees.
Nothing in this RA or my appends thereto is hnereW to conflict with caner[ law or regulation
or the directives of DHS.TSA, or any other Executive Department If a term of this RA or my
appendix therein, is inconsistent with such authority, then that term shall be invalid to the extent
of such inconsistency, but the remainder oftlat tern and all other terms ant conditions of this
RA and any appendix thereto shall remain in full force and effect.
mm "I CH It &TIMIYUCTRY w
Nothing in(Ids RA is intended to d'winish or otberwise affect the authority of any agency, to
cavy out its statutory, regulmory, or other official functions, nor is it intended to create any right
or benefit, subdmaive or procMural, enforceable at law by any party against the United Stores,
its agencies or officers, state agencies or officers carrying out programs authorized under Federal
law, or any other person.
XV. EFFECTIVE DATE AND TERM OF AGREEMENT, AMENDMENTS, AND
MODIFICATIONS
This RAwJlhecom mfi)cenblewhmsignedbyaflparties. The effective date ed term ofthis
RA is October 1, 20M stall stmt continue in effect uruR September 30, 2004, unless terminated
earlier by the par[bs as provided hernia. The renomination ofthis RA by either party does not, in
htsel( relieve the City ofBangorfrom compliance with any Federal law, rule, regulation, or
dvecthve in effect.
Changes and/or modifications to this RA shall be in writing and signed by a TSA Cortraeiing
Officer. and City ofBangor Airport IMector. The rata M mhon shag cite t subject RA, ant
shag mate the exit Amore ofthe modification. No oral atatemeM by any person shaft be
interpreted as modifying or otherwise affix" the turns of this Ra -
XVI, OPTION TOEXTEND AGREEMENT
The TSA may elect to continue performance soler this RA with the limits and at the odes
specified in Apparent A ant AppeMices AA through A-3 as applicable to this RA. This option
provisivv my be exemisad more than once, but the total eMeasion ofperfrtmance hereunder
shaft not excere four(4) years. The Contracting Officer may exm= the option by written
notice to City of Banger within thirty (30) days of the coal ofti a term of the IIA
XVI. TERMINATION
In addhionto arty other termination rights provided bythis RA, either party may terminate this
RA at any time prior to its expiration date, with or without cause, ab without housing any
liability or obligation to the termiomed party (other then payment of amounts due met owing and
performance of obligations armaed, in each case on or prior m the termination date) by giving
the other party at least thirty (30) days prior written native of termination. Termination by any
party does not, in itself, relieve the City of Ranges from compliance with any Federal law, rule,
regulation, or directive in effect.
In the event of termination or exphetion of this RA, any fails that have rut been spent or
obligated for allowable expenses prior to the time of termination, atm are not reasonably
necessary to cover termination expenses shah be unilaterally d obligated via a modification
the purchase order that is issued as a result of this RA.
XVHL ORDER OF PRECEDENCE
In the event of my moonsistency, betwcen the learns of the RA or any law, regulation, or Security
Directive, the wcomis[moy shall be resolved by giving preference in the following order:
(1) Laws, Regulations, Security Directives
(2) This RA, them
(3) The Appendices to this RA
XIX. POWTS OF CONTACT
Tice mri Wets of each party to this RA are:
Toni Smith
Contracting Officer's Representative
Transportation Security Administration
TSA Headquarters, East Tower, Flan 00, TSA-7
01 South 12u Street
Arlington, VA 22202-42M
Telephone 571-227-246]
Email: tonLsmitb@dhs.gov
Holly Hamilton Bolger
Contracting Officer
Tanaportatfon Security Administration
TSA Headquarters, Weet Tower, Floor 44, TSA-25
601 South 120 Street
Arlington, VA 22202-4220
Telephone: (571)227-3036
Email: holty.bolger@dhs.gov
Donald F. Window
Chieror Police
35 Court Stood
Bangor, ME 04401
307-947-7384
don.wiodow@bgtmaorg
The parties agme that if done is a change regarding the information in this Article, the party
making the change will notify the other parties in writing of such change.
XX. RESOLUTION OF DISAGREEMENTS
A. Material Breach
If action based on noncompliance with the reams of the RA is taken under Article IV, the
Contracting Officer's determination of a material breach and associated action rosy be appealed
to the Assistant Administrator for Aviation Operations. Appeals must be submitted in writing to
the Assisted Administrator for Aviation Operations, via the FSD and Cartooning olduer within
60 days of the receipt of the TSA determination that amateral beach of this RA has occurred.
The appeal shill some the specific bas's for wresting the determination of material branch.
The appeal will be reviewed by the TSA Assistant Administrator for Aviation Operations, who
shat render a decision regarding the appeal with the wnmurace of the Director, TSA Office of
Acgmsmons and the Depry ChieFCOnacel for ]kxmemer.
B. Interpretation
Should disagreement union on the interpretation of the provisions of thus RA, or ementlmeets
and/or revisions thereto that camot be resolved by the Comm ming Officer in comminution with
the FSD as provided in Article IV. C., tie areas) ofdisagrttmeN shill be stated in writing by
each party add presented to the other party for consideration. If agreement on haerpretation is
not reached within sixty (60) days, the parties shall forward the written presentation of the
disagreement rthe TSA Assistant Administrator for Aviation Operations, who shall render a
decision regarding the disagreement with the communion of the Director, TSA Office of
Actmishion and the TSA Deputy Chief Counsel for Prusamment.
Any appeal of decisions under A. or B. above will be subject to applicable Federal law
X APPROVED BY
The undersigned oepm and warrant that they have bll authority to sign the instant document
and bind the panties in question.
O�
Edward A. Bar"
Dat
City Manager
City of Bangor
o ymitten Bolger
ce
ConM1
Tporhabtbn Secarly.Admbbtrstloe
nm on Sec
APPENDIX A
BASE PERIOD
FY 2003
(Jme 112003 - September 30, 2003)
AirlaortCcIde
Total Average OnSOe
HoursPerwy
Fixed Average
Hourly Rate
EstBlated
FY 2003 Fundiag
BGR
8
$26.21
525580.96
FY 2004
(Oetober 1, 20M —September 30, 2004)
A�poftCode
Total Average Oa -Site
HoresPerMy
Real Average
Howly Rate
Estimated
FY 2004 Funding
BGR
8
$27.00
$79,056.00
SPNSURVE SVW%J1V INFORMArIDWPOB OPPICIAL OSBONLY
A.UHNG 9916 DJCIMRM CONIMISSEXSRIVESECNUTY MP TION THAT IS CONTROLLED UNDER THE
PAOVISIONSHF I9 CER PARTISM. NO PART CP rHI9IXCVmXTMAY B6paLTN3ED WITI{C9rf TXEgRfIT01P6H1g861M
OPTIP>ADmOSIRATO1tOt'TI¢IMNSPoRTAT10N9PDIRHYADIANISTMINASHRJGTON. CCrOf9R.
ImAvnrwzcoaeLeave Bur vrslarmcm9PEwv.rroamlmArnox. EORUaus.aovEwmreNr aDeNCles,
P1101lCAVgILABIIJIY'ttIBE OETEN9MDUNCEHSUSC §551
15
APPENDIX A-1
OPTION YEAR i —FY 2005
(October 1, 2004— September 30, 200$)
Ort Code
TOml Average On -Sive
I Hours Per Day
Fixed Av a
Howk Rme
EAimmed
FY 2005 Fmdin
BOR
1 8
$27.81
$81 05.20
M QTMS WCU1.0fl COH S SENSVR'E SF=Y mitltaIATIOV TXT9 C ROLLF➢I DEKT
PROVISION RPMTISA. MJ PS0.gSeCCVPSM MAT®RSEOASE¢WITHdnTH0 WA1lT®i PHM95510N
OPTH¢ADIAIdYTRASPMTOR OP TNPTMNSP$' TATATIWISENmttAOIANI61RAfIWJ. WASHMGION.M3¢590.
IMAVPHOWZPOREL6t6MAYRe31LLTMQ Y R011®tACrlgl. FOR V.3. WV6RHe®Hr AGENCHt4.
PUBLICAVgILABILIIYTOB6OE1£RIA11mDEK5V%C
V1IDER5 VAC4552.
APPENDIX A-2
OPTION YEAR 2 - FY 2006
(October 1, 2005- September $0, 2006)
Code
Total Avaege Ov-Site
Homs Perp
Pixel Average
HOm Eme
Emimatd
PY 2006 Pw
BOR
1 8
$28.64
$83628.80
WAEWNO nus oowxmrr Eav SENsmve eeeo wrowaA TEATMm RDLLEOw Tm
AA"M OFOCMPAKTIM NOPARTOPTmSD UWNTS YMRELaAftOWREOVrPVEWRTTNP &S]W
16PDMIMSTMTOR OP T110ThVlSiOmAT10N SPLVPrtYM1.m11STeATW.W S1pNOTON.pCp59p.
VNAVPNORPFORELEA4EMATPE4I6iW CMLP&iALTYp4pf1®tACIIW. FORUS.60VEeNFPNP pGENCRe,
XIDWCAVAILgBhlrylpEEOEr@.MNEOI➢0E0.5 V.SG gf51
17
OPTION YEAR 3 — FY 2007
(October 1, 2006—September 30, 2007)
AhWA Code
Total Average O Site
Hours Per Day
Find Average
Homl Rete
Estimated
FY 2007 Funding
BGR
8
$29.50
586140.00
PRO OMOF<99C PART1 1p PMT OPTd9 WL11643X A0¢REI£PSFOtVRNO1RL MRITI@I pEPJ9661O1
OrTIEP WMTrrrATM0F Tr6 mAH6 AnM eecumm.we STMTIM,w Swucrorv. EC nM
WAVn�YRESMTNCIvu FEfIgLTYQROn09tAC760N. eC0.0s.aovE9rvM16,Nr gG@KIpS,
�CAVALM TYTOeem�0u sus C.gsa.
18