HomeMy WebLinkAbout123681 RESOLUTION NO. 12,368
2
3 A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN
4 AGREEMENT WITH THE LITTLE ROCK MUNICIPAL AIRPORT COMMISSION TO
5 PROVIDE LAW ENFORCEMENT SERVICES AT THE LITTLE ROCK NATIONAL
6 AIRPORT; AND FOR OTHER PURPOSES.
7
8 WHEREAS, the City and the Little Rock Municipal Airport Commission (the "Commission ") desire to
9 continue an arrangement for the City to provide law enforcement services at the Little Rock National
10 Airport ( "Airport "), and
11 WHEREAS, the Commission wishes to utilize the Little Rock Police Department ( "LRPD ") to
12 facilitate the Commission's compliance with 49 CFR Transportation Security Regulation Part 1542 and
13 14 CFR Federal Aviation Regulation Part 139.
14 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
15 ROCK, ARKANSAS:
16 Section 1. The City Manager is authorized to enter into an Agreement with the Commission
17 whereby the City will provide law enforcement services at the Airport in substantially the same form as
18 the agreement attached as Exhibit A.
19 Section 2. The initial term of the Agreement shall be for a one (1) year period and, absent earlier
20 1 termination shall automatically renew for two (2) additional terms of one (1) year each.
21 Section 3. Severability. in the event any title, section, paragraph, item, sentence, clause,
22 phrase, or word of this resolution is declared or adjudged to be invalid or unconstitutional, such
23 declaration or adjudication shall not affect the remaining portions of the resolution which shalt remain
24 in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not
25 originally a part of the resolution.
26 Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent
27 with the provisions of this resolution, are hereby repealed to the extent of such inconsistency.
28 ADOPTED: October 17, 2006
29 ATT T: APP VED:
30
31 Nata i S. Blocker, Assistant City Clerk Ji ailey, Mayor
32 For Nancy Wood, City Clerk
33
34 APPRqX!D AS �TO LEGAL FORM:
35 -
36 Thomas M. Carpenter, City AtVorney
37 [PAGE 1 OF 9]
I AGREEMENT
2
3 City of Little Rock and the Little Rock Municipal Airport Commission
4 THIS AGREEMENT made the day of , 2006, by and
5 between the LITTLE ROCK MUNICIPAL AIRPORT COMMISSION ( "Commission ") and THE CITY OF
6 LITTLE ROCK ( "City ").
7 WHEREAS, the Commission desires to engage the City to provide law enforcement services at
8 Little Rock National Airport ( "Airport "); and
9 WHEREAS, Commission wishes to utilize the service of the City to facilitate the Airport's
10 compliance with 49 CFR Transportation Security Regulation Part 1542 ( "Part 1542 ") and 14 CFR
11 Federal Aviation Regulation Part 139 ( "Part 139 "); and
12 WHEREAS, the City and the Commission agree to monitor staffing levels of LRPD personnel
13 assigned to the Airport and adjust such staffing levels as needed and as may be practical.
14 NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
15 1_ TERM
16 1. The initial term of this Agreement shall be for a one (1) year period commencing on
17 November 1, 2006 up to and including October 31, 2007.
18 2. Absent termination by one of the parties hereto, this Agreement shall automatically renew
19 for two (2) additional terms of one (1) year each. In the event either party desires not to renew
20 this Agreement for an additional term, the non - renewing party shall give one hundred twenty
21 (120) calendar days' prior written notice of intent not to renew the Agreement to the appropriate
22 contact person listed in paragraph XVI of this Agreement. If no such prior written notice is given,
23 this Agreement shall automatically renew for an additional term.
24 3. Notwithstanding the Agreement term set forth in paragraphs 1 and 2 above, this Agreement,
25 and all performances and obligations required hereunder, may be terminated by the parties hereto at
26 any time, with or without cause, for any reason whatsoever without penalty, provided that the
27 terminating party provides the other party with written notice of termination no less than one
28 hundred twenty (120) calendar days' prior to the date of termination.
29 II. DUTIES
30 LAW ENFORCEMENT SCOPE OF WORK
31 1. The City of Little Rock Police Department ( "LRPD ") agrees to provide law enforcement
32 officers to support the Airport's Airport Security Program; the airline passenger Screening Points;
33 and the Airport's general law enforcement needs.
34 2. LRPD Personnel:
35 a. will be stationed at the Airport 24 hours a day, 7 days a week.
36 b. will perform scheduled terminal, roadway and parking patrols and random
37 curbside patrols, as well as airside patrols.
EXHIBIT A: CONTRACT
[PAGE 2 OF 91
Resolution to authorize an Agreement with the Little Rock Municipal Airport Commission
for Law Enforcement Services
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c. subject to paragraph X, will provide written reports of security incidents
for the Commission's use and information.
d. will respond to and investigate all incidents on the 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 the 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.
M. 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 the Commission, in consultation with the City. Changes in the number of staffing
positions will be mutually agreed upon in advance and in writing by the Commission and the City.
Notwithstanding the above, the City shall have the right to maintain the staffing levels with
qualified personnel selected at the City's sole discretion. The City and the Commission agree that
scheduled overtime will be necessary to meet the required staffing levels, and actual costs will be
invoiced to the Commission on a monthly basis.
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)
4 Officers (7 days a week, 8,760 FTE hours per year)
1 Officer at checkpoint (7 days a week, 2,920 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. Additional LRPD personnel is required for coverage.
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 Officer at checkpoint (7 days a week, 2,920 FTE hours per year)
1 Traffic Safety Officer (5 days a week, 2,080 FTE hours per year) Traffic Safety Officer
EXHIBIT A: CONTRACT
[PAGE 3 OF 91
Resolution to authorize an Agreement with the Little Rock Municipal Airport Commission
for Law Enforcement Services
1 will not be backfilled on absence. Additional LRPD personnel is required for coverage.
2 d. Night Shift (8 hours per day)
3 1 Sergeant (5 days a week, 2,080 FTE hours per year)
4 3 Officers (7 days a week, 5,840 FTE hours per year)
5 3. The City shall be responsible for ensuring that the recommended Little Rock Police
6 Department personnel meet the qualifications set forth in the minimum law enforcement standards of
7 the state of Arkansas. The City shall have primary supervisory authority over the Little Rock Police
8 Department personnel located at the Airport. By written agreement of the City and the
9 Commission, the LRPD personnel may be reduced or expanded under this Agreement at the same
10 costs and pursuant to the same terms and conditions as stated herein.
11 4. The Little Rock Police Department personnel provided by the City under this Agreement shall
12 be considered employees of the City. Notwithstanding anything contained in this Agreement or in
13 any attachments to this Agreement, the Little Rock Police Department personnel shall at all times be
14 subject to the policies and procedures of the Little Rock Police Department and the Little Rock Civil
15 Service Commission. The City shall be solely responsible for the selection of Little Rock Police
16 Department personnel to be located at the Airport from a list of eligible candidates. The City shall be
17 solely responsible for the scheduling of such City personnel located at the Airport. The Performance
18 of any Little Rock Police Department employee will be handled in accordance with the City of Little
19 Rock Administrative Personnel Policy and Procedure Manual, the Little Rock Police Department
20 General Orders and Rules and Regulations, and the Fraternal Order of Police Lodge 17 Statement of
21 Agreement with the City of Little Rock.
22 5. The City and the Commission agree that issues relating to leave under this Agreement will
23 be addressed in accordance with the City of Little Rock Administrative Personnel Policy and
24 Procedure Manual and the Fraternal Order of Police Lodge 17 Statement of Agreement with the
25 City of Little Rock.
26 IV. BUDGET /COMPENSATION
27 1. In August of each year, the City will provide for the Commission's consideration and
28 discussion, an itemized list of all equipment, supplies, vehicles and training needed to perform
29 the outlined services as it relates to aviation security and disaster preparedness for the following
30 budget year. The Commission will reimburse the City for the approved budgeted cost of said items.
31 The Commission will not provide radios, firearms, or bullet proof jackets as part of this
32 Agreement. The Commission will not pay for unbudgeted items, including unbudgeted overtime,
33 without prior written approval. Notwithstanding anything in this Agreement to the contrary, it is
34 agreed that additional personnel costs necessitated by national emergency, unanticipated security
35 threats, TSA /FAA requirements, or special events expected to attract large crowds shall be
36 compensated by the Commission as the need arises.
EXHIBIT A: CONTRACT
[PAGE 4 OF 91
Resolution to authorize an Agreement with the Little Rock Municipal Airport Commission
for Law Enforcement Services
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2. The Commission shall, at no cost to the City, provide office space at the Airport for the use
of LRPD personnel stationed at the Airport.
3. The Commission will reimburse the City for the actual personnel cost for each LRPD
employee assigned to the Airport under this Agreement, paid on a monthly basis. The salaries and
benefits are set forth in Attachment "A ", attached hereto and incorporated herein.
4. The City shall render invoices to Controller, Little Rock National Airport, #1 Airport Drive,
Little Rock, Arkansas 72202 -4489. The Commission shall pay each invoice issued within forty -five
(45) calendar days of receipt of the invoice.
V. OVERTIME
Scheduled overtime will be required to fulfill the staffing levels set forth in this Agreement,
and the actual cost of such overtime will be invoiced to the Commission on a monthly basis.
VI. TRAINING
In addition to compliance with minimum training qualifications pertaining to all personnel
assigned to the Airport, those employees of the 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
The Commission will provide employee parking to the LRPD personnel stationed at the Airport
at no charge to the City or the employee.
VIII. VEHICLES
1.Commission -Owned Vehicles.
a. At the Commission's sole cost and expense, the Commission will maintain
Commission -owned vehicles provided for LRPD use at the Airport and will
provide the fuel to operate these vehicles. The Commission shall be
responsible for the cost of the insurance on said vehicles.
b. The City shall maintain, at the City's sole cost and expense, all specialized
equipment installed in said vehicles by the City or the LRPD.
2. City -Owned Vehicles.
a. The City will maintain City -owned vehicles at the City's expense.
b. The City shall have the sole right to choose the specifications relative to
City -owned vehicles used at the Airport.
C. The Commission agrees to fuel any City -owned vehicle assigned to the
Airport at the Airport fuel pumps.
EXHIBIT A: CONTRACT
[PAGE 5 OF 91
Resolution to authorize an Agreement with the Little Rock Municipal Airport Commission
for Law Enforcement Services
1 IX. TECHNOLOGY
2 The City will provide and maintain all LRPD radio and computer equipment supplied to
3 personnel assigned to the Airport. The Commission will provide and maintain all telephone
4 equipment required for LRPD activities at the Airport, at no cost to the City.
5 X. COMMUNICATIONS / REPORTS
6 1. The City and Commission will endeavor to cooperate with each other concerning the
7 provision of information on an as needed basis. All matters regarding contact with the TSA /FAA will
8 be handled by the Airport Security Coordinator.
9 2. All LRPD reports relating to Airport Security may be released in accordance with LRPD
10 General Orders and Rules and Regulations, or as required by law.
11 3. Copies of the Operational Reports prepared by LRPD will be given to the Director -
12 Operations as they are completed in accordance with LRPD General Orders and Rules and
13 Regulations, or as required by law.
14 XI. MEETINGS
15 During the first year of this Agreement, monthly meetings will be held between the City and
16 the Airport's Executive Director to review the performance under this Agreement. All meetings
17 after the first year will be at the discretion of the Airport's Executive Director or his /her
18 designated representative or the City Manager or his /her designated representative, or as required
19 by the LRPD Chief.
20 XII. CUSTOMER SERVICE
21 When assigning personnel to the Airport, the City will consider the need for positive customer
22 service relationships with tenants and the general public. The City will review positive or negative
23 input received from Airport tenants, Airport Management, and the public.
24 XIII. RELATION TO THE PARTIES
25 The City is retained by the Commission only for the purposes and to the extent set forth in this
26 Agreement and the City's relationship to the Commission shall, during the term of this Agreement,
27 be that of an Independent Contractor. The Commission shall not withhold, from sums becoming
28 payable to the City hereunder, any amounts for State or Federal Income Tax, or for FICA (Social
29 Security) Taxes, during the term of this Agreement. The personnel provided by the City shall not
30 be considered as having an employee status or as being entitled to participate in any plans,
31 arrangements or distributions by the Commission pertaining to or in connection with any pension,
32 bonus, profit sharing or other benefit extended to Commission's own employees. LRPD personnel
33 at the Airport shall at all times be and remain employees of the City of Little Rock.
34 XIV. PROFESSIONAL RESPONSIBILITY
35 Nothing in this Agreement shall be construed to interfere with or otherwise affect the
36 rendering of services by the City in accordance with their employees independent and professional
37 judgment. The personnel assigned by the City shall perform their services substantially in
EXHIBIT A: CONTRACT
[PAGE 6 OF 91
Resolution to authorize an Agreement with the Little Rock Municipal Airport Commission
for Law Enforcement Services
I accordance with the City of Little Rock Administrative Personnel Policy and Procedure Manual,
2 LRPD Rules and Regulations and General Orders.
3 XV. RULES AND REGULATIONS
4 This Agreement shall be subject to the rules and regulations of the City and the LRPD and the
5 Rules and Regulations of the Commission.
6 XVI. NOTICE
7 Any notice required to be given hereunder shall be deemed given on the third (3rd) business
8 day following mailing of any such notice postage paid, to the address herein set out.
9 Executive Director City Manager
10 Little Rock National Airport City of Little Rock
11 One Airport Drive 500 West Markham Street
12 Little Rock, AR 72202 Little Rock, AR 72201
13 with copy to:
14 Chief of Police
15 Little Rock Police Department
16 700 West Markham
17 Little Rock, Arkansas 72201
18 XVII. WAIVER
19 The failure of either party to enforce any time, or for any period of time, the provisions hereof
20 shall not be construed as a waiver of such provisions or of the rights of such party to enforce each
21 and every position. No Commission payment to the City for services performed under this
22 Agreement shall be construed as a waiver of any rights under this Agreement.
23 XVIII. SEVERABILITY
24 In the event of any judicial determination that any portion of this Agreement is invalid and
25 unenforceable, the invalidity or unenforceability of any particular provision shall not affect the
26 other provisions of this Agreement and this Agreement shall be construed in all respects as If such
27 invalid or unenforceable provisions were omitted.
28 XIX. GOVERNING LAW
29 This Agreement shall be construed in accordance with the substantive and procedural laws of
30 the State of Arkansas.
31 XX. MISCELLANEOUS
32 1. Any modifications to this Agreement, or any attachments incorporated herein, shall be in
33 writing, signed by all parties thereto.
34 2. The parties agree and represent, as a material representation concerning this Agreement,
35 that the persons executing this Agreement have full authority to do so and, in doing so, to
36 bind their respective entity to fulfill the covenants and obligations set forth in this
37 Agreement.
EXHIBIT A: CONTRACT
[PAGE 7 OF 91
Resolution to authorize an Agreement with the Little Rock Municipal Airport Commission
for Law Enforcement Services
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3. 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.
4. The terms and conditions of this Agreement shall be binding upon the parties hereto, their
respective heirs, executors, administrators, successors and assignees.
5. 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
Witness
Witness
CITY OF LITTLE ROCK, ARKANSAS
By:
Bruce Moore, City Manager
Witness
Witness
Attachment A
Salaries and benefits based on 2007 Personnel Model for LRPD employees assigned to the Little Rock Regional
Airport. Overtime rates calculated from these
figures. Note
that overtime rates vary greatly based upon the
employee's benefit package.
This attachment is
not inclusive
of other LRPD employees who may be called upon
for shift coverage.
Employee
Annual Salary
Benefits
Total Cost
Hourly Rate Overtime Rate
Police Sgt. John Aquilino
$56,211
$13,179
$69,930
$33.62 $50.43
Police Sgt. James Blair
$56,211
$16,954
$73,165
$35.18 $52.76
Police Sgt. Michael Owens
$56,211
$17,968
$74,179
$35.66 $53.49
Police K -9 Sgt. Don Hampton
$53,550
$16,660
$70,210
$33.75 $50.63
Police K -9 Ofc. Matthew Smith $50,020
$14,703
$64,723
$31.12 $46.67
Police K -9 Ofc. Tim White
$50,020
$15,859
$65,915
$31.69 $47.53
Police Ofc. Nick Blome
$50,020
$13,795
$63,815
$30.68 $46.02
EXHIBIT A: CONTRACT
[PAGE 8 OF 91
Resolution to authorize an Agreement with the Little Rock Municipal Airport Commission
for Law Enforcement Services
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Employee
Annual Salary
Benefits
Total Cost
Hourly Rate Overtime Rate
Police Ofc. William Denio
$50,020
$14,975
$64,995
$31.25
$46.87
Police Ofc. Larry Gitlin
$50,020
$10,174
$60,194
$28.94
$43.41
Police Ofc. Richard Jordan
$50,020
$13,160
$63,180
$30.38
$45.56
Police Ofc. Johnny Maack
$50,020
$7,261
$57,281
$27.54
$41.31
Police Ofc. Arthur Nugent
$50,020
$8,461
$58,481
$28.12
$42.17
Police Ofc. David Phillips
$50,020
$15,631
$65,651
$31.56
$47.34
Police Ofc. James Reaves
$50,020
$10,391
$60,411
$29.04
$43.57
Police Ofc. James Ross
$50,020
$13,399
$63,419
$30.49
$45.73
Police Ofc. Melvin Vester
$50,020
$15,254
$65,274
$31.38
$47.07
Police TSO William Haynes
$30,601
$8,574
$39,175
$18.83
$28.25
Police TSO Aubrey Jackson
$30,601
$8,574
$39,175
$18.83
$28.25
EXHIBIT A: CONTRACT
[PAGE 9 OF 91
Resolution to authorize an Agreement with the Little Rock Municipal Airport Commission
for Law Enforcement Services