HomeMy WebLinkAbout09553RESOLUTION NO. 9553
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION,
AND TRANSPORTATION SECURITY AGENCY RELATING
TO THE LOAN OF CITY'S AIRPORT SECURITY
EQUIPMENT AND RATIFYING THE EXECUTION AND
DELIVERY THEREOF BY THE CITY MANAGER
WHEREAS, the Transportation Security Administration (TSA) was created to assume
security responsibilities relating to aviation security effective February 17, 2002, and
WHEREAS, the Federal Aviation Administration forwarded by letter dated February 8,
2002 the Transaction Agreement -Loan of Equipment ( "Agreement ") directing that due to
statutory guidelines the Agreement be executed and returned by February 14, 2002, and
WHEREAS, the City Manager, Director of Aviation and City Attorney reviewed the
Agreement and accepted it in substance and form, and
WHEREAS, due to time constraints, the City Manager executed and delivered the
Agreement in the name of the City. NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Transportation Agreement -Loan of Equipment between the City of Pueblo and
Transportation Security Agency relating to the lease of City's airport security equipment, a copy
of which is attached hereto, having been approved by the City Attorney as to form, is hereby
approved.
SECTION 2.
The execution and delivery of the Transaction Agreement -Loan of Equipment by the City
Manager is hereby approved, confirmed and ratified.
INTRODUCED: March 25, 2002
BY Patrick Avalos
C9VNCIL � � PERSON
APPROVED: _
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
C Y CLERK
/(L0. 1 95s3
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # ID C
DATE: March 18, 2002
DEPARTMENT: AVIATION -JOHN O'NEAL
TITLE
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF
PUEBLO, A MUNICIPAL CORPORATION, AND TRANSPORTATION SECURITY
AGENCY RELATING TO THE LOAN OF CITY'S AIRPORT SECURITY
EQUIPMENT AND RATIFYING THE EXECUTION AND DELIVERY THEREOF
BY THE CITY MANAGER
ISSUE
Should City Council approve an Agreement between the City of Pueblo and the
Transportation Security Agency relating to the loan of City's Airport Security
Equipment?
RECOMMENDATION
Approval of this Resolution.
BACKGROUND
The Airport received a proposed agreement to loan equipment to the FAA/TSA on
February 12, 2002. This agreement was for the loan of the Airport's security screening
equipment. Due to the statutory deadlines that were imposed on the FAA/TSA, they
requested that the signed agreement be submitted and received by them before 2:00 p.m.
on February 24, 2000. The City Manager and City Attorney were both apprised of the
situation and, after a review of the agreement, the City Manager executed the agreement
which was sent to the FAA/TSA.
FINANCIAL IMPACT
The FAA/TSA related in their letter that the agreement would be undefined to the extent
that the costs for maintenance and repair will not be specified as well as the limitation of
government liability. They requested we respond via separate correspondence to propose
a not -to- exceed ceiling for reimbursement of costs for repair and maintenance by March
4, 2002. The City has sent their proposal letter requesting the not -to- exceed ceiling be set
at $1,000 per quarter but we have not received a response from the FAA/TSA as of this
date.
U.S. Department
of Transportation
Federal Aviation
Administration
Pueblo Memorial Airport
Attn: Mr. John O'Neal
Pueblo Memorial Airport
Department of Aviation
31201 Brian Circle
Pueblo, CO 81001
To Whom It May Concern:
800 Independence Ave., S
Washington, DC 2MI
February 8, 2002
SUBJECT: Proposed Agreement to Loan Equipment to the FAA /TSA;
Agreement #: DTFA01- 02- A -EQ045
Three copies of the subject proposed agreement are enclosed.
Please have an authorized official sign three and return to the
undersigned. Also, please complete Section C.13 of the
agreement to annotate the authorized negotiator(s). Should you
choose to have a person other than someone noted in C.13 sign
this agreement, the FAA /DOT shall interpret such a gesture as
indication on the part of your company that said person also
has the authority to negotiate and make binding agreements for
your company.
Please note that the agreement will be undefinitized to the
extent that the costs for maintenance and repair will not be
specified. Likewise, the limitation of government liability
will not be definitized at time of execution. We request that
you respond via separate correspondence to propose a not -to-
exceed ceiling for each of the following proposed CLINs: OLIN
0002, CLIN 0002a, and CLIN 0002b. These are the not -to- exceed
ceilings for reimbursement of costs for repair and maintenance.
Request that you submit this proposal to the undersigned on or
before March 4, 2002. The government's liability will not
exceed the not -to -eceed ceiling amounts definitized for the
above -noted CLINs. Additionally, the government's liability is
subject to the availability of funds.
Due to the statutory deadlines imposed on FAA /TSA in regards to
assuming the security screening responsibilities, we must
request that you respond as quickly as possible and not later
than February 14, 2002. The FAA /TSA requests that your signed
agreement be submitted to (and received by) the undersigned on
or before 2:00 p.m. on Thursday February 14, 2002. Please
submit the signed agreement to the undersigned at the following
address:
REVOIFEB 12 Zoo?
FAA Headquarters, ASU -370
Room 406
800 Independence Ave. SW
Washington, DC 20591
Because it will not be possible for TSA to perform security
screening without the appropriate equipment, the government
reserves the right to not assume (or to postpone assumption of)
security screening responsibilities for any air carrier and /or
airport that does not have a signed loan agreement with the
Government by February 14, 2002. The government anticipates
that air carriers and airports will be cooperative in this
matter and provide the government access to the requisite
equipment and space to perform the security screening
activities.
If you have any questions, I can be reached at (202) 267 -3626;
and my telefax number is (202) 493 -5148. In addition to
mailing the original signed agreements, we would greatly
appreciate you faxing the signed agreement as quickly as
possible.
Sincerely,
m McNulty
ntracting Officer, ASU -370
Enclosure a/s
2
• � r
DTFA01- 02- A -EQ045
DTFA01- 02- A -EQ045
OTHER TRANSACTION AGREEMENT -LOAN OF EQUIPMENT
Pueblo Memorial Airport (PUB) of Pueblo, Colorado (hereinafter referred to as the
"owner" of the equipment) agrees to loan certain equipment, on a temporary and no -cost
basis, to the Transportation Security Agency (TSA) who is assuming the responsibility
for screening passengers, passenger baggage, and cargo on all commercial flights
originating out of all commercial service airports in the United States. The "owner of the
equipment" agrees to loan/provide the following type of equipment to the FAA/TSA in
support of this effort:
- Explosive Trace Detection Equipment
- Advanced Technology (AT) & Explosive Detection System (EDS) Equipment
- Walk - Through Metal Detectors
- Conventional X -Ray Machines
- Handwands
- Communication Equipment
CONTENTS OF AGREEMENT:
Section A: Background Information/Authority
Section B: Contract Line Items (CLINs)
Section C: Terms and Conditions
Section D: Terms and Conditions applicable to Reimbursable Maintenance
Section E: Attachments to Agreement
ACCEPTANCE BY BOTH PARTIES:
As an authorized representative of Pueblo Memorial Airport, who has the authority to
represent and make commitments for the company, I hereby certify that the equipment
noted in Attachments E -1 is either owned or leased by this company. Furthermore, I
hereby bind the company to the terms and conditi as set forth in this agreement.
'02 Z A Z
D to
Print Name also:
GOVERNMENT ACCEPTANCE OF TERMS AND CONDITIONS:
a - -0 c3--
Date
Officer, ASU -370
DTFA01- 02- A -EQ045
SECTION A — BACKGROUND INFORMATION
Background Information: Pursuant to Public Law 107 -71, "The Aviation &
Transportation Security Act" (ATSA), the Transportation Security Administration (TSA)
was created to assume security responsibilities relating to aviation security and over other
modes of transportation. ATSA also calls for the TSA to assume security screening
operations at all commercial service airports in the United States. Assumption of the
screening function by TSA is scheduled to become effective on February 17, 2002.
With a very short amount of time to assume the screening function, and a need for the
transition to be as seamless as possible, the Government is seeking the cooperation of the
"owners" of the screening equipment during the transition period. This agreement would
be a temporary measure to allow the parties to fully determine what equipment and other
needs are involved in the screening function and provide adequate time for the parties to
negotiate appropriate purchase, transfers, rentals or disposal. TSA and FAA expect the
owners of the screening to continue to provide these items, on a no -cost basis to the
government, until negotiations can occur, but for at least 120 days. ATSA also provides
TSA authority to levee a `user fee" on the airlines to the extent that the costs of providing
aviation security are not sufficiently covered by statutorily authorized passenger fees.
Until such time as TSA is adequately established, the FAA is assisting TSA with the
contractual aspects of assuming the screening responsibilities. Both parties to this
agreement recognize that TSA will be unable to perform the screening function without
the appropriate equipment. The government and the "owner of the equipment" will work
in good faith to effect this transition. The government will be assuming the operation of
equipment already approved for screening operations by the FAA. If it finds that such
equipment previously used by the owners or screeners is inadequate to carry out the
screening functions, the government will provide the owner written notification
describing the inadequate nature of the equipment. The owner will work with the
government in good faith in an attempt to remedy any inadequate equipment issues. The
government reserves the right to postpone assumption of the screening function for any
air carrier and at any location where the government has inadequate equipment to
effectively carry out said screening function. The government also reserves the right to
postpone assumption of the screening function in those instances where the "owner of the
equipment" provides inadequate cooperation to support transition of the screening
function. The purpose of this agreement is to provide TSA with use of equipment,
currently being utilized by the owners, at selected airports to allow TSA's contract and
government screeners to screen passengers, passenger baggage, and cargo.
Authority: This agreement is entered into pursuant to the authority of 49 U.S.C.
106(1)(6) and (m).
DTFA01- 02- A -EQ045
Definitions: For purposes of this agreement, the party that is "loaning" equipment to the
government is referred to as the "owner" of the equipment. This term is being used
although in some instances, the party may actually be leasing the equipment. The terms
"owner" and "owner of the equipment" are used throughout this agreement. The terms
refer to that party to this agreement that is not the FAA or TSA (i.e., the party that is not
the government).
DTFA01 -02- A -EQ045
SECTION B — CONTRACT LINE ITEMS
CLIN 0001— Equipment Loan: The "owner of the equipment" agrees to loan the
equipment [specified in Attachment E -1] to the Government (the FAA and TSA) for the
period of time commencing on the date of this agreement and ending on June 30, 2002.
The "owner of the equipment" agrees to provide this equipment to the Government on a
no -cost basis through June 30, 2002. The parties hereto understand that the equipment
will be used by TSA's screeners to screen passengers, passenger baggage, and cargo.
CLIN 0002 — Maintenance of the Loaned Equipment: For the period of time
commencing on the date of this agreement and ending on June 30, 2002, the "owner of
the equipment" agrees to continue to perform all routine and scheduled maintenance on
the equipment provided hereunder (including all repairs). These maintenance and repair
services shall be performed on a reimbursable basis. The owner shall NOT earn or
accrue any feelprofit for performance of these services. The government will hold the
"owner of the equipment" harmless for any and all failures of the screening function
resulting from misuse of the equipment. The government further agrees to use the
equipment in accordance with manufacturer /supplier instructions and to train government
employees/contractors or other users of the equipment in the proper use of the equipment.
To perform the maintenance on and the repair of the loaned equipment, the owner is
authorized to incur costs up to (but not -to- exceed) $ (SUBJECT TO THE
AVAILABILITY OF FUNDS).
OPTIONAL CLINs: The FAA shall have the right to exercise the following CLINs on a
unilateral basis provided that TSA has not yet completed the negotiations described in the
second paragraph of Section A herein (Background).
CLIN 0001 a — Equipment Loan: The "owner of the equipment" agrees to loan that
equipment [specified in Attachment E -1] to the Government (the FAA and TSA) for the
period of time commencing on July 1, 2002, and ending on October 31, 2002. The
"owner of the equipment" agrees to provide this equipment to the Government on a no-
cost basis through October 31, 2002. The parties hereto understand that the equipment
will be used by TSA's screeners to screen passengers, passenger baggage, and cargo. Ft
e government will hold the
"owner of the equipment" harmless for any and all failures of the screening function
resulting from misuse of the equipment. The government further agrees to use the
equipment in accordance with manufacturer /supplier instructions and to train government
employees/contractors or other users of the equipment in the proper use of the equipment.
CLIN 0002a — Maintenance of the Loaned Equipment: For the period of time
commencing on July 1, 2002, and ending on October 31, 2002, the "owner of the
equipment" agrees to continue to perform all routine and scheduled maintenance on the
equipment provided hereunder (including all repairs). These maintenance and repair
services shall be performed on a reimbursable basis. The owner shall NOT earn or
accrue any fee /profit for performance of these services. The government will hold the
"owner of the equipment" harmless for any and all failures of the screening function
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DTFA01- 02- A -EQ045
resulting from misuse of the equipment. The government further agrees to use the
equipment in accordance with manufacturer /supplier instructions and to train government
employees/contractors or other users of the equipment in the proper use of the equipment.
To perform the maintenance on and the repair of the loaned equipment, the owner is
authorized to incur costs up to (but not -to- exceed) $ (SUBJECT TO THE
AVAILABILITY OF FUNDS).
CLIN 0001b — Equipment Loan: The "owner of the equipment" agrees to loan that
equipment [specified in Attachment E -1] to the Government (the FAA and TSA) for the
period of time commencing on November 1, 2002, and ending on February 28, 2003. The
"owner of the equipment" agrees to provide this equipment to the Government on a no-
cost basis through February 28, 2003. The parties hereto understand that the equipment
will be used by TSA's screeners to screen passengers, passenger baggage, and cargo.
men prove ereun er me u e government will hold the
"owner of the equipment" harmless for any and all failures of the screening function
resulting from misuse of the equipment. The government further agrees to use the
equipment in accordance with manufacturer /supplier instructions and to train government
employees/contractors or other users of the equipment in the proper use of the equipment.
CLIN 0002b — Maintenance of the Loaned Equipment: For the period of time
commencing on November 1, 2002, and ending on February 28, 2003, the "owner of the
equipment" agrees to continue to perform all routine and scheduled maintenance on the
equipment provided hereunder (including all repairs). These maintenance and repair
services shall be performed on a reimbursable basis. The owner shall NOT earn or
accrue any feelprofit for performance of these services. The government will hold the
"owner of the equipment" harmless for any and all failures of the screening function
resulting from misuse of the equipment. The government further agrees to use the
equipment in accordance with manufacturer /supplier instructions and to train government
employees/contractors or other users of the equipment in the proper use of the equipment.
To perform the maintenance on and the repair of the loaned equipment, the owner is
authorized to incur costs up to (but not -to- exceed) $ (SUBJECT TO THE
AVAILABILITY OF FUNDS).
DTFA01- 02- A -EQ045
SECTION C — TERMS AND CONDITIONS
The terms and conditions included in this section apply to ALL aspects of the agreement.
C.1 Undefinitized Aspects of This Agreement
This agreement is entered into on an undefinitized basis to the extent described in this
clause. At time of execution, the agreement will NOT include Attachment E -1 (the list of
equipment). The FAA attempted to obtain this data (the list of equipment) from each air
carrier and each airport prior to execution of this agreement. However, the data that was
received from the air carriers and airports was, in general, not adequately accurate to
include as an attachment to this agreement. Therefore, the parties will work in good faith
to definitize the list of equipment (Attachment E -1) as quickly as possible subsequent to
execution of this agreement.
Additionally, at time of execution, the agreement does not specify the not -to- exceed
ceilings for CLINs 0002, 0002a, and 0002b. The parties will work in good faith to
definitize the not -to- exceed ceilings for each of these CLINs as quickly as possible
subsequent to execution of this agreement.
(End of clause)
C.2 Termination Rights
At any point in time, either party may terminate this agreement by providing written
notice [to the other party] at least 30 days prior to the effective date of said termination.
This written notice must be via certified retur- receipt U.S. Mail addressed to the
Contracting Officer. In those instances where the "owner" chooses to terminate this
agreement, the government reserves the right to transfer the screening responsibility back
to that entity who was responsible for performing the screening function prior to
February 17, 2002. The screening function would transfer back to that entity effective
the date that the government no longer has access to adequate equipment to perform the
screening function.
(End of clause)
C.3 AMS Clause 3.2.435 Option to Extend the Term of the Agreement
(a) The Government may extend the term of this agreement by written notice to the owner of the
equipment provided, that the Government shall give the owner written notice of its intent to
extend at least 15 days before the agreement expires.
(b) If the Government exercises this option, the extended agreement shall be considered to
include this option provision.
(c) The total duration of this agreement, including the exercise of any options under this clause,
will not exceed 375 days.
(End of clause)
6
DTFA01- 02- A -EQ045
CA AMS Clause 3.2.5 -1 Officials Not to Benefit (April 1996)
No member of or delegate to Congress, or resident commissioner, shall be admitted to any share
or part of this agreement, or to any benefit arising from it. However, this clause does not apply to
this agreement to the extent that this agreement is made with a corporation for the corporation's
general benefit.
(End of clause)
C.5 AMS Clause 33.1 -15 Assignment of Claims (April 1996)
(a) The Contractor may assign its rights to be paid amounts due or to become due as a result of
the performance of this contract to a bank, trust company, or other financing institution, including
any Federal lending agency. The assignee under such an assignment may thereafter further assign
or reassign its right under the original assignment to any type of financing, institution described in
the preceding sentence.
(b) Any assignment or reassignment authorized under this clause shall cover all unpaid amounts
payable under this contract, and shall not be made to more than one party, except that an
assignment or reassignment may be made to one party as agent or trustee for two or more parties
participating in the financing of this contract.
(c) The Contractor shall not furnish or disclose to any assignee under this contract any classified
document (including this contract) or information related to work under this contract until the
Contracting Officer authorizes such action in writing.
(End of clause)
C.6 AMS Clause 3.8.42 Condition of Leased/Loaned Equipment
Each piece of equipment furnished under this agreement shall be furnished as is, where is, and
shall comply with commercial and acceptable business practices, unless annotated otherwise in
Attachment E -1 hereto. Within 30 days after execution of this agreement, for purposes of this
loan agreement only, the Government shall accept or reject the equipment offered for loan. If the
government determines that any equipment furnished is not acceptable, the government shall
promptly inform the Contractor in writing.
(End of clause)
C.7 AMS Clause 3.8.43 Marking of Leased/Loaned Equipment
(a) The Government may place nonpermanent identification markings or decals, on each piece of
equipment provided under this agreement. The Government shall use markings or decals that are
removable without damage to the equipment.
(b) The Contractor may use placards for temporary identification of equipment except that the
placards may not contain any references to the Contractor that may be construed as advertising or
endorsement by the Government of the Contractor.
(End of clause)
DTFA01 -02- A -EQ045 -
C.8 AMS Clause 3.10.1 -7 Bankruptcy (April 1996)
In the event the Contractor enters into proceedings relating to bankruptcy, whether voluntary or
involuntary, the Contractor agrees to furnish, by certified mail or electronic commerce method
authorized by the contract, written notification of the bankruptcy to the Contracting Officer
responsible for administering the contract. This notification shall be furnished within 30 days of
the initiation of the proceedings relating to bankruptcy filing. This notification shall include the
date on which the bankruptcy petition was filed, the identity of the court in which the bankruptcy
petition was filed, and a listing of Government contract numbers and contracting offices for all
Government contracts against which final payment has not been made. This obligation remains in
effect until final disposition of equipment under this agreement.
(End of clause)
C.9 AMS Clause 3.9.1 -1 Contract Disputes (August 1999)
(a) All contract disputes arising under or related to this contract shall be resolved through the
Federal Aviation Administration (FAA) dispute resolution system at the Office of Dispute
Resolution for Acquisition (ODRA) and shall be governed by the procedures set forth in 14
C.F.R. Parts 14 and 17, which are hereby incorporated by reference. Judicial review, where
available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency
decisions. A contractor may seek review of a final FAA decision only after its administrative
remedies have been exhausted.
(b) The filing of a contract dispute with the ODRA may be accomplished by mail, overnight
delivery, hand delivery, or by facsimile. A contract dispute is considered to be filed on the date it
is received by the ODRA.
(c) Contract disputes are to be in writing and shall contain:
(1) The contractor's name, address, telephone and fax numbers and the name, address,
telephone and fax numbers of the contractor's legal representative(s) (if any) for the contract
dispute;
(2) The contract number and the name of the Contracting Officer;
(3) A detailed chronological statement of the facts and of the legal grounds for the contractor's
positions regarding each element or count of the contract dispute (i.e., broken down by individual
claim item), citing to relevant contract provisions and documents and attaching copies of those
provisions and documents;
(4) All information establishing that the contract dispute was timely filed;
(5) A request for a specific remedy, and if a monetary remedy is requested, a sum certain must
be specified and pertinent cost information and documentation (e.g., invoices and cancelled
checks) attached, broken down by individual claim item and summarized; and
(6) The signature of a duly authorized representative of the initiating party.
(d) Contract disputes shall be filed at the following address:
(1) Office of Dispute Resolution for Acquisition, AGC -70,
DTFA01- 02- A -EQ045
Federal Aviation Administration,
400 7th Street, S.W., Room 8332,
Washington, DC 20590,
Telephone: (202) 366 -6400,
Facsimile: (202) 366 -7400; or
(2) other address as specified in 14 CFR Part 17.
(e) A contract dispute against the FAA shall be filed with the ODRA within two (2) years of the
accrual of the contract claim involved. A contract dispute by the FAA against a contractor
(excluding contract disputes alleging warranty issues, fraud or latent defects) likewise shall be
filed within two (2) years after the accrual of the contract claim. If an underlying contract entered
into prior to the effective date of this part provides for time limitations for filing of contract
disputes with the ODRA which differ from the aforesaid two (2) year period, the limitation
periods in the contract shall control over the limitation period of this section. In no event will
either party be permitted to file with the ODRA a contract dispute seeking an equitable
adjustment or other damages after the contractor has accepted final contract payment, with the
ekception of FAA claims related to warranty issues, gross mistakes amounting to fraud or latent
defects. FAA claims against the contractor based on warranty issues must be filed within the
time specified under applicable contract warranty provisions. Any FAA claims against the
contractor based on gross mistakes amounting to fraud or latent defects shall be filed with the
ODRA within two (2) years of the date on which the FAA knew or should have known of the
presence of the fraud or latent defect.
(f) A party shall serve a copy of the contract dispute upon the other party, by means reasonably
calculated to be received on the same day as the filing is to be received by the ODRA.
(g) After filing the contract dispute, the contractor should seek informal resolution with the
Contracting Officer.
(h) The FAA requires continued performance with respect to contract disputes arising under this
contract, in accordance with the provisions of the contract, pending a final FAA decision.
(i) The FAA will pay interest on the amount found due and unpaid from (1) the date the
Contracting Officer receives the contract dispute, or (2) the date payment otherwise would be
due, if that date is later, until the date of payment. Simple interest on contract disputes shall be
paid at the rate fixed by the Secretary of the Treasury that is applicable on the date the
Contracting Officer receives the contract dispute and then at the rate applicable for each 6 -month
period as fixed by the Treasury Secretary until payment is made.
0) Additional information and guidance about the ODRA dispute resolution process for contract
disputes can be found on the ODRA Website at http: / /www.faa..gov.
(End of clause)
C.10 Personnel Suitability Requirements
Pursuant to existing federal regulation, the "owner of the equipment" agrees to implement
adequate security procedures with respect to background/security checks for all personnel used to
maintain and repair the equipment being loaned to the government under this agreement. That is
to say, with respect to security screening and background investigations for such personnel
working at operating airports, the same regulation shall apply to the owner as those that applied
DTFA01- 02- A -EQ045
prior to the date of this execution. The owner shall ensure that appropriate screening and
background investigations are obtained for all personnel used for such tasks.
(End of clause)
C.11 Modifications to this Agreement
This agreement may be modified to define the undefinitized attachment hereto (Attachment E -1),
and to implement other changes, via written bilateral agreements (modifications) that include the
signatures of authorized personnel of both parties (the Contracting Officer for the government).
(End of clause)
C.12 AMS Clause 3.2.2.3 -15 Authorized Agents/Negotiators (April 1996)
The "owner of the equipment" represents that the following persons are authorized to bind the
owner on its behalf with the Government in connection with this submittal [list names, titles, and
telephone numbers of the authorized agents/negotiators]:
Lee B. Evett, City Manager, City of Pueblo, phone, #:.(719).584 -0800
Thomas Jagger, City Attorney, City of Pueblo, phone # (719) 545 -4412
(End of Clause)
C.13 Administrative Matters
This agreement is being awarded and administered by the FAA on behalf of TSA. The
FAA may transfer responsibility for administration of this agreement to TSA at a future
date. Written notification will be provided when and if that occurs. The government
point of contact at time of award is as follows:
Jim McNulty
Contracting Officer, ASU -370
FAA Headquarters
800 Independence Ave. SW
Washington, DC 20591
Phone number: (202) 267 -3626
The government also reserves the right to assign a government technical representative
for this agreement. The technical representative would have the authority to provide
direction of a technical nature. The technical representative would NOT have the
authority to make financial obligations or commitments for the government.
(End of Clause)
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SECTION D — TERMS AND CONDITIONS APPLICBLE TO THE
REIMBURSABLE MAINTENANCE PORTION OF THIS AGREEMENT
The terms and conditions included in this section apply only to the reimbursable aspect of
this agreement. The only costs that the government has agreed to reimburse to the owner
are the costs associated with maintaining and repairing the equipment being loaned to the
government under this agreement.
D -1 FUNDING AND PAYMENT
a. The government authorizes the "owner" to incur costs for maintenance and repair of
the loaned equipment not -to- exceed $ . The government agrees to
reimburse the "owner" for the costs incurred to perform such maintenance and repair of
the loaned equipment. Reimbursement does not include reimbursement of any fee or
profit for the owner or civil penalties assessed against the owner. Reimbursement will
not exceed the specified not -to- exceed ceiling limitation. As funding permits and as the
parties may later agree, the not -to- exceed ceiling may be increased. Note: This
agreement may be incrementally funded pursuant to the availability of funds.
b. In order to be reimbursed, the owner of the equipment shall submit a properly executed
original and (1) copy of a request for payment (invoice) to the FAA at the billing address
identified below. A properly submitted invoice shall contain the following information:
(a) owner's name (e.g., the name of the air carrier), (b) invoice number and date, (c)
number of this Other Transaction Agreement, and (d) complete mailing address or
electronic funds transfer information of to whom and where the payment will be sent.
Such invoices may not be submitted more than monthly, and shall only include
reasonable, allowable and allocable costs as defined in the Acquisition Management
System (AMS). The Agreements Officer will make payment within thirty (30) days after
receipt of an approved invoice.
c. The owner will be reimbursed for costs incurred pursuant to the terms and conditions
of this agreement and the FAA Cost Principles as specified in AMS Cost Principles
Procurement Guidance section T3.3.2 "Cost Principles ". Upon request, the Contracting
Officer will provide a copy of the FAA "Cost Principles ".
Billing Address:
Attn: AFM -220, Accounts Payable Branch
800 Independence Avenue, SW
Washington, DC 20591
D-2 LIMITATION OF GOVERNMENT LIABILITY
The total Government's liability under this Agreement is limited to the amount of funds
obligated hereunder (See paragraph a of Section D -1, Funding and Payment), including
written modifications to this Agreement, unless otherwise stated in such modifications
hereto.
Claims for damages of any nature whatsoever pursued under this Agreement shall be
limited to direct damages only up to the aggregate amount of funding obligated under this
Agreement at the time the dispute arises (See paragraph a of Section D -1, Funding and
Payment). In no event shall the FAA or the owner be liable to the other for claims for
11
DTFA01- 02- A -EQ045
consequential, punitive, special and incidental damages, claims for lost profits, or other
indirect damages with respect to operations under this Agreement.
D-3 AUDITS
The Government shall have the right to examine or audit relevant financial records for a
period not to exceed three (3) years after expiration of the terms of this Agreement.
Relevant financial records include all records relative to the reimbursable maintenance
charges including the owner's records pertaining to that period of time immediately prior
to the date of execution of this agreement. The Government will perform incurred cost
audits of the costs incurred pursuant to the effective date and term of Article 4 hereunder.
The owner must maintain an established accounting system that complies with generally
accepted accounting principles. Commercial companies should ensure their record
retention policies comply with this policy.
D4 TERMINATION FOR NON - PERFORMANCE OF MAINTENANCE AND
REPAIR
a. The government reserves the right to terminate this agreement should the owner of the
equipment fail to adequately maintain and repair the equipment being loaned hereunder.
In the event of any such termination for non - performance of maintenance and repair, the
government reserves the right to transfer the screening responsibility back to that entity
who was responsible for performing the screening function prior to February 17, 2002.
The screening function would transfer back to that entity effective the date that the
government terminates this agreement for such non - performance.
b. In the event of termination or expiration of this Agreement, any FAA funds which
have not been spent or obligated for allowable expenses prior to the date of termination,
and are not reasonably necessary to cover termination expenses shall be de- obligated
from this Agreement.
(End of Clause)
D -5 AVAILABILITY OF FUNDS
Funds are not presently available for this contract. The government's obligation under
this agreement is contingent upon the availability of funds from which payment can be
made. No legal liability on the part of the government for any payment may arise until
funds are made available to the Contracting Officer for this agreement and until the
owner receives notice of such availability, to be confirmed in writing by the Contracting
Officer.
(End of clause)
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DTFA01- 02- A -EQ045
SECTION E — ATTACI IAMNTS TO AGREEMENT
Attachment E -1: List of Equipment
The equipment listed in attachment E -1 shall be provided to the Government pursuant to
the terms of this agreement. The attachment segregates the equipment by airport.
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DTFA01- 02- A -EQ045
Attachment E -1: List of Equipment
Walk - Through Metal Detector:
Sentrie A T, Serial #23415
Conventional % -Ray Machine:
Scanray System Four Model 01 -0401, Serial #46302
Handwand:
Sentrie LHS+
Communication Equipment:
Viking hands free alarm speaker, Model #E -20A, Serial #36000040
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