12620RESOLUTION NO. 12,620
A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO AMEND THE
AGREEMENT DATED OCTOBER 17, 2006 WITH THE LITTLE ROCK MUNICIPAL
AIRPORT COMMISSION TO PROVIDE LAW ENFORCEMENT SERVICES AT THE
LITTLE ROCK NATIONAL AIRPORT; AND FOR OTHER PURPOSES.
WHEREAS, the City and the Little Rock Municipal Airport Commission (the
"Commission ") entered into an agreement on October 17, 2006, for the City to provide
law enforcement services at the Little Rock National Airport ( "Airport"), and
WHEREAS, the City and Commission desire to amend that Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK, ARKANSAS:
Section 1. The City Manager is authorized to enter into an amended
Agreement with Commission whereby the City will provide law enforcement services at
Airport in substantially the same form as the agreement attached as Exhibit A.
Section 2. The initial term of the Agreement shall be for a one (1) year period
and absent earlier termination, shall automatically renew for one (1) additional term of
one (1) year
Section 3. Severability. In the event any title, section, paragraph,
item, sentence, clause, phrase, or word of this resolution is declared or adjudged to be
invalid or unconstitutional, such declaration or adjudication shall not affect the remaining
portions of the resolution which shall remain in full force and effect as if the portion so
declared or adjudged invalid or unconstitutional was not originally a part of the
resolution.
Section 4. Repealer. All laws, ordinances, resolutions, or parts of the
same, that are inconsistent with the provisions of this resolution, are hereby repealed to
the extent of such inconsistency.
ADOPTED: December 4, 2007
ATTEST:
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Nancy Woo City Clerk
APP VED AS TO LEGAL FORM:
Thomas M. Carpenter, City Attorney
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APPROVED:
Mark Stodola, Mayor
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City of Little Rock and the Little Rock Municipal Airport Commission
THIS AGREEMENT made the day of , 2007,
by and between the LITTLE ROCK MUNICIPAL AIRPORT COMMISSION
( "Commission ") and THE CITY OF LITTLE ROCK ( "City ").
WHEREAS, the Commission desires to engage the City to provide law
enforcement services at Little Rock National Airport ( "Airport"); and
WHEREAS, Commission wishes to utilize the service of the City to facilitate the
Airport's compliance with 49 CFR Transportation Security Regulation Part 1542 ( "Part
1542 ") and 14 CFR Federal Aviation Regulation Part 139 ( "Part 139 "); and
WHEREAS, City and Commission agree to monitor staffing levels of LRPD
personnel assigned to the Airport and adjust such staffing levels as needed and as may
be practical.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
I. TERM
1. The initial term of this Agreement shall be for a one (1) year period
commencing on December 1, 2007 up to and including November 30, 2008.
2. Absent termination by one of the parties hereto, this Agreement shall
automatically renew for one (1) additional term of one (1) year. In the event either party
desires not to renew this Agreement for an additional term, the non - renewing party shall
give one hundred twenty (120) calendar days' prior written notice of intent not to renew
the Agreement to the appropriate contact person listed in paragraph XVI of this
Agreement. If no such prior written notice is given, this Agreement shall automatically
renew for an additional term.
3. Notwithstanding the Agreement term set forth in paragraphs 1 and 2
above, this Agreement, and all performances and obligations required hereunder, may
be terminated by the parties hereto at any time, with or without cause, for any reason
whatsoever without penalty, provided that the terminating party provides the other party
with written notice of termination no less than one hundred twenty (120) calendar days'
prior to the date of termination.
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II. DUTIES
LAW ENFORCEMENT SCOPE OF WORK
1. The City of Little Rock Police Department ( "LRPD ") agrees to provide law
enforcement officers to support the Airport's Airport Security Program; the airline
passenger Screening Points; and Airport's general law enforcement needs.
2. LRPD Personnel:
a. will be stationed at the Airport 24 hours a day, 7 days a
week.
b. will perform scheduled terminal, roadway and parking patrols
and random curbside patrols, as well as airside patrols.
C. subject to paragraph X, will provide written reports of
security incidents for Commission's use and information.
d. will respond to and investigate all incidents on Airport that
would require a police response if the incident had occurred off -
Airport.
e. will respond to all incidents as mandated by Part 1542 and
the Airport Security Program.
f. will provide such other services as agreed to between
Airport's Executive Director or his /her designated representative
and the LRPD Police Chief or his /her designated representative,
which shall be memorialized by written addendum to this
Agreement.
3. To the extent that the parties have actually performed under this
Agreement after the start date of the Agreement but prior to the signing of the
Agreement by the parties, the performances are hereby ratified by both parties and shall
be compensated in accordance with the terms and conditions of this Agreement.
III. STAFFING
1. Staffing levels to achieve coverage seven days /week, 365 days /year will
be based on the number of positions requiring coverage during the hours of operation, in
addition to other needs as identified by Commission, in consultation with City. Changes
in the number of staffing positions will be mutually agreed upon in advance and in writing
by Commission and City. Notwithstanding the above, City shall have the right to
maintain the staffing levels with qualified personnel selected at City's sole discretion.
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2. LRPD:
a. 1 K -9 Sergeant, 2 K -9 Officers and TSA Certified Canines
(6,240 FTE hours per year). This may be increased if
additional TSA Canines can be obtained.
b. Day Shift (8 hours per day)
1 Sergeant (5 days a week, 2,080 FTE hours per year)
3 Officers (7 days a week, 8,760 FTE hours per year)
1 Traffic Safety Officer (5 days a week, 2,080 FTE hours per year)
Traffic Safety Officer will not be backfilled on absence.
C. Evening Shift — (8 hours per day)
1 Sergeant (5 days a week, 2,080 FTE hours per year)
3 Officers (7 days a week, 8,760 FTE hours per year)
1 Traffic Safety Officer (5 days a week, 2,080 FTE hours per
year) Traffic Safety Officer will not be backfilled on absence.
d. Night Shift (8 hours per day)
1 Sergeant (5 days a week, 2,080 FTE hours per year)
2 Officers (7 days a week, 5,840 FTE hours per year)
e. Checkpoint coverage
1 officer (7 days a week, 5,632 FTE hours per year)
3. City shall be responsible for ensuring that the recommended LRPD
personnel meet the qualifications set forth in the minimum law enforcement standards of
the state of Arkansas. City shall have primary supervisory authority over LRPD personnel
located at the Airport. By written agreement of City and Commission, LRPD personnel
may be reduced or expanded under this Agreement at the same costs and pursuant to the
same terms and conditions as stated herein. City also acknowledges that the Commission
has the right to request that any LRPD personnel assigned to the Airport be removed or
replaced. That request shall be in writing to the City and shall provide the underlying
rationale for the request. The City further acknowledges that the City will immediately
review any such written request by the Commission and attempt to resolve any personnel
issues in a timely and good faith manner.
4. City acknowledges that the Security checkpoint post is currently being
partially funded by the TSA. In the event that the TSA should no longer fund these
positions Commission will return to a flex response and will no longer fund these positions
as part of this Agreement. Commission acknowledges that City will remove these officers
from Airport if they are not funded by Commission.
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5. LRPD personnel provided by City under this Agreement shall be considered
employees of City. Notwithstanding anything contained in this Agreement or in any
attachments to this Agreement, LRPD personnel shall at all times be subject to the policies
and procedures of LRPD and the Little Rock Civil Service Commission. City shall be
solely responsible for the selection of LRPD personnel to be located at Airport from a list of
eligible candidates. City shall be solely responsible for the scheduling of such City
personnel located at Airport. The performance of any LRPD employee will be handled in
accordance with City's Administrative Personnel Policy and Procedure Manual and LRPD
General Orders and Rules and Regulations.
6. City and Commission agree that issues relating to leave under this
Agreement will be addressed in accordance with City's Administrative Personnel Policy
and Procedure Manual.
IV. BUDGET /COMPENSATION
1. In August of each year, City will provide for Commission's consideration
and discussion, an itemized list of all equipment, supplies, vehicles and training needed to
perform the outlined services as it relates to aviation security and disaster preparedness
for the following budget year. Commission will reimburse City for the approved budgeted
cost of said items.
Commission will not provide radios, firearms, or bullet proof jackets as part of this
Agreement. Commission will not pay for unbudgeted items, including unbudgeted
overtime, without prior written approval. Notwithstanding anything in this Agreement to the
contrary, it is agreed that additional personnel costs necessitated by national emergency,
unanticipated security threats, TSA/FAA requirements, or special events expected to
attract large crowds shall be compensated by Commission as the need arises.
2. Commission shall, at no cost to City, provide office space at Airport for the
use of LRPD personnel stationed at Airport.
3. Commission will reimburse City for all actual personnel cost for each LRPD
employee assigned to Airport as follows:
a. Regular Pay: City will determine the annual cost to fill each officer
and sergeant assigned to Airport, including all benefits, and
Commission will pay 1/121h of that cost on a monthly basis for each
officer assigned to Airport. On a semiannual basis City will provide
all necessary information to Commission to reconcile contract
monthly payments to ensure that only actual cost have been paid.
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b. Overtime Pay: City will provide to Commission as part of the regular
monthly invoice a list of all Airport assigned LRPD personnel that
have worked overtime in the preceding month, the reason for the
overtime and the overtime hourly rate for each LRPD personnel and
the total cost of the overtime.
4. City shall render invoices to the Director of Finance, Little Rock National
Airport, #1 Airport Drive, Little Rock, Arkansas 72202 -4489. Commission shall pay each
invoice issued within forty -five (45) calendar days of receipt of the invoice.
V. OVERTIME
Commission recognizes that until September 1, 2008, overtime may be required to
fulfill the staffing levels set forth in this Agreement; however, Commission reserves the
right to reduce overtime by reducing the number of posts that are required to be filled with
overtime. Furthermore, City agrees that effective September 1, 2008, City will fully staff all
positions necessary to perform all services required under this Agreement eliminating the
need for any overtime hours from September 1, 2008, forward. Due to enhanced security
needs or concerns, the Executive Director of the Airport, or his /her designee, may request
and approve in advance, additional temporary staffing which may result in overtime hours
being incurred after September 1, 2008. The Commission will be responsible for those
overtime expenses under those limited circumstances.
VI. TRAINING
In addition to compliance with minimum training qualifications pertaining to all
personnel assigned to Airport, those employees of City will complete an Airport approved
training program that includes, but is not limited to, the following:
LRPD: - Responsibilities of law enforcement officers under the Airport
Security Program and Part 1542.
- The courteous and efficient treatment of individuals subject
to inspection, search, arrest and other aviation security activities.
- Airfield driver's training
VII. FACILITIES AND EMPLOYEE PARKING
Commission will provide employee parking to LRPD personnel stationed at Airport
at no charge to City or employee.
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VIII. VEHICLES
1. Commission -Owned Vehicles.
a. At Commission's sole cost and expense, Commission will maintain
Commission -owned vehicles provided for LRPD use at Airport and
will provide the fuel to operate these vehicles. Commission shall be
responsible for the cost of the insurance on said vehicles.
b. City shall maintain, at City's sole cost and expense, all specialized
equipment installed in said vehicles by City or the LRPD.
2. City -Owned Vehicles.
a. City will maintain City -owned vehicles at City's expense.
b. City shall have the sole right to choose the specifications relative to
City -owned vehicles used at Airport.
C. Commission agrees to fuel any City -owned vehicles assigned to
Airport at Airport fuel pumps.
IX. TECHNOLOGY
City will provide and maintain all LRPD radio and computer equipment supplied to
personnel assigned to Airport. Commission will provide and maintain all telephone
equipment required for LRPD activities at Airport, at no cost to City.
X. COMMUNICATION /REPORTS
1. City and Commission will endeavor to cooperate with each other
concerning the provision of information on an as needed basis. All matters regarding
contact with the TSA /FAA will be handled by the Airport Security Coordinator.
2. All LRPD reports relating to Airport Security may be released in accordance
with LRPD General Orders and Rules and Regulations, or as required by law.
3. Copies of the Operational Reports prepared by LRPD will be given to the
Director — Operations as they are completed in accordance with LRPD General Orders
and Rules and Regulations, or as required by law.
4. The City shall maintain all financial and employment records concerning the
performance of services by the City under this Agreement.
XI. MEETINGS
During the initial term of this Agreement and any renewal period, monthly meetings
may be held between City and Airport's Executive Director to review the performance
under this Agreement, and such meetings will be set at the discretion of Airport's
Executive Director or his /her designated representative or City Manager or his /her
designated representative, or as required by LRPD Chief.
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XII. CUSTOMER SERVICE
When assigning personnel to Airport, City will consider the need for positive
customer service relationships with tenants and the general public. City will review
positive or negative input received from Airport tenants, Airport Management, and the
public.
XIII. RELATION TO THE PARTIES
City is retained by Commission only for the purposes and to the extent set forth in
this Agreement and City's relationship to Commission shall, during the term of this
Agreement, be that of an Independent Contractor. Commission shall not withhold, from
sums becoming payable to City hereunder, any amounts for State or Federal Income Tax,
or for FICA (Social Security) Taxes, during the term of this Agreement. The personnel
provided by City shall not be considered as having an employee status or as being entitled
to participate in any plans, arrangements or distributions by Commission pertaining to or in
connection with any pension, bonus, profit sharing or other benefit extended to
Commission's own employees. LRPD personnel at Airport shall at all times be and remain
employees of City.
XIV. PROFESSIONAL RESPONSIBILITY
Nothing in this Agreement shall be construed to interfere with or otherwise affect
the rendering of services by City in accordance with their employee's independent and
professional judgment. The personnel assigned by City shall perform their services
substantially in accordance with City's Administrative Personnel Policy and Procedure
Manual, LRPD Rules and Regulations and General Orders.
XV. RULES AND REGULATIONS
This Agreement shall be subject to the rules and regulations of City and LRPD and
the Rules and Regulations of Commission.
XVI. NOTICE
Any notice required to be given hereunder shall be deemed given on the third (3rd)
business day following mailing of any such notice postage paid, to the address herein set
out.
Executive Director City Manager
Little Rock National Airport City of Little Rock
One Airport Drive 500 West Markham Street
Little Rock, AR 72202 Little Rock, AR 72201
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with copy to:
Chief of Police
Little Rock Police Department
700 West Markham
Little Rock, AR 72201
XVII. WAIVER
The failure of either party to enforce any time, or for any period of time, the
provisions hereof shall not be construed as a waiver of such provisions or of the rights of
such party to enforce each and every position. No Commission payment to City for services
performed under this Agreement shall be construed as a waiver of any rights under this
Agreement.
XVIII. SEVERABILITY
In the event of any judicial determination that any portion of this Agreement is invalid
and unenforceable, the invalidity or unenforceability of any particular provision shall not
affect the other provisions of this Agreement and this Agreement shall be construed in all
respects as if such invalid or unenforceable provisions were omitted.
XIX. GOVERNING LAW
This Agreement shall be construed in accordance with the substantive and
procedural laws of the State of Arkansas.
XX. MISCELLANEOUS
1. The City and the Commission acknowledge that the other party is a governmental
entity, duly organized under the laws of the State of Arkansas, and that each party relies on tort
immunity. Accordingly, additional insurance shall not be required by either party as a condition of this
Agreement.
2. The City and the Commission are each responsible for their own legal defense costs
and fees for the discretionary acts of their own employees.
3. Any modifications to this Agreement, or any attachments incorporated herein,
shall be in writing, signed by all parties thereto.
4. The parties agree and represent, as a material representation concerning this
Agreement, that the persons executing this agreement have full authority to do so
and, in doing so, to bind their respective entity to fulfill the covenants and obligations
set forth in this Agreement.
5. This Agreement shall be executed in the original, and any number of
executed copies. Any copy of this Agreement so executed shall be deemed an
original and shall be deemed authentic for any other use.
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6. The terms and conditions of this Agreement shall be binding upon the parties
hereto, their respective heirs, executors, administrators, successors and assignees.
7. This Agreement and the documents referenced or incorporated herein
contain the complete and entire agreement of the parties respecting the transactions
contemplated herein, and supersede all prior negotiations, agreements,
representations, and understandings, if any, among the parties regarding such
matters. All prior or contemporaneous agreements, understandings, and statements,
oral or written, are merged into this Agreement.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the
day and year first above written. Signed, sealed and delivered in the presence of:
LITTLE ROCK MUNICIPAL AIRPORT COMMISSION
CITY OF LITTLE ROCK, ARKANSAS
By:
Bruce Moore, City Manager
Witness
Witness
Witness
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