COUNCIL COMMUNICATION

DATE:

      

5-20-02

SUBJECT:  FINAL READING OF ORDINANCE NO. 2002-O-100  

Approving a contract with the Federal Aviation Administration, on behalf of the Transportation Security Administration (TSA), and authorizing the City Manager to execute said contract. The purpose of this contract is to reimburse the City of Laredo, for its costs in providing a uniformed sworn and certified law enforcement officer at the passenger security screening checkpoint at the Laredo International Airport until such time as the TSA assumes responsibility for such functions. The total estimated cost of this agreement shall not exceed $250,098.00. The effective date and Term of this Agreement is from May 10, 2002 and shall continue in effect until December 1, 2003 or until earlier terminated by the parties.  The TSA may chose to extend the term of this agreement, at its sole discretion, for up to an additional 90 days beyond the above stated completion date; providing for an effective date. (AS AMENDED)

 

INITIATED BY:    Cynthia Collazo

                                 Assistant City Manager                            

STAFF SOURCE:    Jose L. Flores

                                  Airport Director

 

PREVIOUS ACTION:   On May 8, 2002, Ordinance was introduced by City Council, and Staff was instructed to proceed.

 

BACKGROUND:

Presently, TSA does not have a sufficient number of sworn or trained officers available to conduct federal law enforcement operations, specifically, to post an officer at each screening location.  The law enforcement officers provided by the SHA will be directly tasked by the TSA to police and safeguard the existing airport screening locations. Airport Law Enforcement Officers will replace the Texas National Guard..

The Government agrees to reimburse the cost of the law enforcement officers supplied by the SHA.  The

 City of Laredo is responsible for providing law enforcement officers who meet the requirements of this Agreement

The parties agree that the SHA personnel working as part of the SWG continue as employees of the SHA, and that neither the Federal Government, TSA, FAA, the Department of Transportation nor any other agency or subdivision of the Federal Government shall incur any responsibility to SWG personnel for pay, benefits, or any other form of compensation. 

 

FINANCIAL:    If approved funds will be appropriated in current year’s Airport Budget. 

 

 

 

COMMITTEE RECOMMENDATION:   The Airport Advisory Committee recommends approval.         

STAFF RECOMMENDATION: That the City Manager be authorized to execute a contract with the Federal Aviation Administration on behalf of the Transportation Security Administration.

 

 

 

 

 

 

BACKGROUND, Cont’d

 

The TSA in furtherance of this Agreement shall:

(1) Provide appropriate intelligence or operational direction associated with the security of airport screening locations.

(2) Ensure a TSA point of contact is established at all times that a screening location is in operation.

(3) Provide necessary training to each SHA’s certified trainer.

During the performance of this Agreement, TSA agrees that for tort claims purposes SHA and its employees are Federal employees acting within the scope of their employment.  As such, they are covered to the fullest extent of the law by the Federal Tort Claims Act, 28 U.S.C. 1346 as if they were Federal employees. 

 

In accordance with 5 U.S.C. Sections 8191-8193 and implementing Department of Labor regulations, SWG personnel injured while acting in the scope of their employment while performing duties for the SWG under this Agreement, are eligible for Federal Workman's Compensation.

 

 

ORDINANCE NO. 2002-O-100

 

Approving a contract with the Federal Aviation Administration, on behalf of the Transportation Security Administration (TSA), and authorizing the City Manager to execute said contract. The purpose of this contract is to reimburse the City of Laredo, for its costs in providing a uniformed sworn and certified law enforcement officer at the passenger security screening checkpoint at the Laredo International Airport until such time as the TSA assumes responsibility for such functions. The total estimated cost of this agreement shall not exceed $250,098.00. The effective date and Term of this Agreement is from May 10, 2002 and shall continue in effect until December 1, 2003 or until earlier terminated by the parties.  The TSA may chose to extend the term of this agreement, at its sole discretion, for up to an additional 90 days beyond the above stated completion date; providing for an effective date.

 

            WHEREAS, the Airport Director recommends that the City Council approve a contract with the Federal Aviation Administration, on behalf of the Transportation Security Administration (TSA), for the purpose of reimbursing the City of Laredo for its costs in providing a uniformed sworn and certified law enforcement officer at the passenger security screening checkpoint at the Laredo International Airport until such time as the TSA assumes responsibility for such functions, and in furtherance of the development of the Laredo International Airport and as a support to the maintenance and operation of the Laredo International Airport; and

 

WHEREAS, the total estimated cost of this agreement shall not exceed $250,098.00. The effective date and Term of this Agreement is from May 10, 2002 and shall continue in effect until December 1, 2003 or until earlier terminated by the parties.  The TSA may chose to extend the term of this agreement, at its sole discretion, for up to an additional 90 days beyond the above stated completion date; and

 

            WHEREAS, the Airport Advisory Committee finds that said contract is the best interest of the Airport and recommends that the City Council approve the agreement; and

 

            WHEREAS, the City Council of the City of Laredo having heard the recommendations of the Airport Director and of the Airport Advisory Committee agrees with same.

 

            NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:

 

Section 1:         The City Manager be hereby authorized to execute a contract with the Transportation Security Administration (TSA), for the purpose of reimbursing the City of Laredo for its costs in providing a uniformed sworn and certified law enforcement officer at the passenger security screening checkpoint at the Laredo International Airport until such time as the TSA assumes responsibility for such functions. The total estimated cost of this agreement shall not exceed $250,098.00. The effective date and Term of this Agreement is from May 10, 2002 and shall continue in effect until December 1, 2003 or until earlier terminated by the parties. 

AN ORDINANCE AUTHORIZING A CONTRACT WITH THE TSA.

 

 

The TSA may chose to extend the term of this agreement, at its sole discretion, for up to an additional 90 days beyond the above stated completion date, copy of which contract is attached hereto as Exhibit A, and incorporated herein as if set out at length for all intents and purposes.

 

Section 2:         This Ordinance shall become effective upon passage hereof.

 

            PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE ____ DAY OF ________________, 2002.

 

 

 

_________________________

ELIZABETH G. FLORES

MAYOR

 

ATTEST:

 

_________________________

GUSTAVO GUEVARA, JR.

CITY SECRETARY

 

APPROVED AS TO FORM:

JAIME L. FLORES

CITY ATTORNEY

 

 

BY:_______________________

VALERIA M. ACEVEDO

ASSISTANT CITY ATTORNEY