HomeMy WebLinkAboutC03-107 Vail Valley Jet Center, LLC~, ~c1~~ r ~~-~~
LEASE AGREEMENT BETWEEN
EAGLE COUNTY, COLORADO
AND
VAIL VALLEY JET CENTER, LLC
This Lease Agreement is entered into this ~ day of 2003 between the Vail
Valley Jet Center, LLC, a Colorado Limited Liability Company, einafter "WJC" or "Lessor"
and Eagle County, Colorado, a body corporate and politic, hereinafter "Lessee" or "County".
WITNESSETH:
WHEREAS, the County has entered into a Memorandum of Agreement with the U.S.
Commissioner of Customs and Border Protection, dated , 2003,
providing for the establishment of a U.S. Customs and Border Protection ("Customs") facility at
the Eagle County Regional Airport, which is owned and operated by the County ("Memorandum
of Agreement"). The Memorandum of Agreement, a copy of which has been provided to Lessor
and is attached hereto as Exhibit A, permits aircraft arriving non-stop from points outside of the
United States to land directly at Eagle County Regional Airport, and to complete Customs
services at a facility maintained at Eagle County Regional Airport. Under this arrangement, the
County is responsible for reimbursing Customs for the annual cost of customs services provided.
WHEREAS, owners and operators of aircraft that use the customs facility at Eagle
County Regional Airport are required to comply with all clearance procedures specified and to
pay user fees ("User Fees") as set forth in Exhibit B, attached hereto and incorporated herein by
reference; and
WHEREAS, Lessor is the owner of a Fixed Base Operation ("FBO") at the Eagle County
Regional Airport in Eagle County, Colorado, which is depicted in Exhibits Al, A2 and B of the
Memorandum of Agreement, attached hereto as Exhibit A, and has the right to lease portions
of the 3rd floor within the FBO and to grant privileges thereon subject to the terms and
conditions hereinafter set forth; and
WHEREAS, County desires to lease certain premises of the 3rd floor of FBO and acquire
certain rights and privileges from WJC in connection with its use of the 3rd floor office within
the FBO and WJC is willing to lease and grant the same to County under the terms and
conditions hereinafter stated; and
WHEREAS, Lessor expects to realize increased revenues from opportunities to provide
fuel and services to aircraft that use the Customs facility; and
WHEREAS, Lessor agrees to comply with and fulfill the requirements of Customs and
Border Protection as set forth in the Memorandum of Agreement, attached hereto as Exhibit A;
and
WHEREAS, County and WJC each have the power and authority to enter into this
Agreement;
AGREEMENT:
NOW, THEREFORE, for and in consideration of the premises and the mutual covenants
and considerations herein contained, County and WJC agree as follows:
1. LEASED PREMISES. Lessor hereby leases to County the premises ("Premises")
which are described in Exhibits Al and A2 of the Memorandum of Agreement, which is
attached hereto as Ezhibit A and incorporated herein by reference, and is a part of the 3rd Floor
within the FBO at the Eagle County Regional Airport, Eagle County, Colorado.
2. TERM. This Lease shall commence on the ~~day of ~~~, 2003, and
continue for a term of five (5) years, unless earlier terminated as set forth h~fein.
3. OPTION TO RENEW. After the initial five (5) year term as set forth in Paragraph 2
hereof, the Lease shall be automatically renewed on a year-to year basis on the same terms and
conditions as stated in this lease agreement provided that after the initial term of this Lease either
party may terminate this agreement at anytime by giving the other party at least sixty (60) days
prior written notice.
4. RENT. County shall pay to WJC $1.00 annually during the term of this Lease as
rent. Rent shall be payable on July 1 of each year.
5. HOLDING OVER If County remains in possession of the Premises after the
expiration of this Agreement and without any written renewal thereof, such holding over shall
not be deemed as a renewal or extension of this Agreement, but shall create a tenancy from
month to month that may be terminated at any time by County or WJC upon thirty (30) days
written notice to the other party. Such holding over shall otherwise be upon the same terms and
conditions as set forth in this Agreement.
6. USE AND OCCUPANCY. County shall use and occupy the Premises as a Customs
Facility as set forth in the Memorandum of Agreement, attached hereto as EzTnibit A. At no
charge to County other than the rent provided in Paragraph 4 of this Agreement, the Lessor shall
provide the following:
6.1 Lessor shall provide space for the Customs facility within that area
depicted in Exhibits Al and AZ of the Memorandum of Agreement,
which is attached hereto as Ezhibit A.
6.2 Lessor shall provide a secure space for the inspection of baggage and
storage of seized items incompliance with Customs and Border Protection
facility standards.
6.3 Lessor shall provide one designated vehicle parking space, to be marked
by a sign stating its reservation for exclusive use by the Customs Officer,
which parking space shall be adjacent to the Premises identified in
Exhibits Al and A2 of the Memorandum of Agreement, which is
2
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attached hereto as Ezhibit A.
6.4 Lessor shall install signs, and apply for necessary approvals as required by
the Airport Planned Unit Development ("Airport PUD"), on the exterior of
the FBO and on the adjacent parking space to identify the location of the
Customs facility for public access.
6.5 Lessor shall be solely responsible for utility costs and routine cleaning
and upkeep for the Leased Premises in compliance with Customs and
Border~Protection facility standards. -
6.6 Lessor shall provide adequately lighted aircraft ramp parking outside the
Customs facility for Customs use only, in compliance with Customs and
Border Protection facility standards and Airport regulations, and such
ramp parking and Customs services will be available to arriving aircraft,
regardless of final destination on the field.
6.7 Lessor shall provide access to washroom facilities for Customs Officials
and Public in compliance with Customs and Border Protection facility
standards.
6.8 Lessor shall provide access to Leased Premises and aircraft ramp by
Customs Officials and vehicles 24 hours a day, 7 days a week.
6.9 Lessor shall provide specialized disposal services as required by Customs
and Border Protection regulations.
6.10' Lessor agrees to comply with such other regulations and requirements as
maybe adopted by Customs and Border Protection during the term of this
-Agreement.
7. IMPROVEMENTS TO THE PREMISES. WJC agrees at its own cost, to modify
Premises to meet all Customs and Border Protection facility standards and furthermore agrees to
supply the office with equipment and infrastructure required by Customs and Border Protection.
WJC shall supply, at its own cost, office furniture, office shredder, safe, photocopier,
VCR, television, personal computer and related peripherals, and any other equipment required by
the Customs and Border Protection facility standards.
WJC shall provide, at its own cost, voice communications equipment to include a
facsimile machine and an answering machine or voice mail capability in compliance with
Customs and Border Protection facility standards.
WJC shall provide, at its own cost, a dedicated digital, point to point data. link with
appropriate encryption to the Customs and Border Protection National Data Center in
compliance with Customs and Border Protection facility standards. The Office of Information
and Technology (OTT) shall be responsible for ordering and installing a frame relay data
connection from the Customs facility at the Eagle County Regional Airport to the Customs
National Data Center. OIT will develop the automated equipment configuration, determine the
cost for this ADP equipment, and procure and install the ADP equipment based on the number of
inspectors at this facility. WJC shall be responsible for the procurement anal installation of all
data cabling components required for connectivity of the ADP equipment according to OTT
provided specifications. WJC shall be responsible for the purchase of the ADP equipment, the
one-time charges for the network installation, and the annual recurring costs for equipment
maintenance and network connectivity. Upgrades to the ADP equipment will be required on a
schedule determined by Customs. WJC shall retain ownership of this equipment at the
termination of the Lease Agreement.
WJC shall comply with laws and regulations of the federal, state and municipal
governments and shall obtain all necessary permits as may be necessary for the use and
occupancy of the Customs facility or improvements made to the leasehold premises.
Upon expiration of the term of the lease, County and Customs shall remove its personal
property and those improvements made by it, including ADP equipment, trade Mures, cabinet
work, moveable paneling, partitions and the like, and surrender the Premises in a reasonable
condition, general wear and tear accepted.
8. COMPLIANCE WITH MEMORANDUM OF AGREEMENT. WJC agrees to at
all times during this lease agreement comply with and fulfill the Customs and Border Protection
requirements set forth in the Memorandum of Agreement (Exhibit A), and as maybe amended
from time to time, and including the User Fee Airport Facilities Standards, attached hereto as
Exhibit C and incorporated herein by reference and the Technical Standards for Customs
Passenger Processing at Airports, attached hereto as Exhibit D and incorporated herein by
reference. All of the County's obligations under the Memorandum of Agreement shall become
the obligations of WJC during the term of this lease agreement.
9. DAMAGE, DESTRUCTION OR LOSS. If the Premises or any portion thereof is
destroyed or damaged by fire or otherwise to an extent which renders it unusable, WJC may
rebuild or repair any portions of the building structure destroyed or damaged. If WJC elects not
to proceed with the rebuilding or repair of the building structure, it shall give notice of its intent
within 90 days after the destruction or damage. County may then, at its option, cancel and
terminate this agreement.
WJC and County agree to cooperate with each other in the collection of any insurance
proceeds which may be payable in the event of any loss or damage.
County shall not be liable for any loss of property by theft or burglary from the Premises
or for any damage to person or property on the Premises resulting from lightning, or water, rain
or snow, which may come into or issue or flow from any part of the Premises, or from the pipes,
plumbing, employees or any other cause, and WJC agrees to make no claim for any such loss or
damage at any time.
10. UTILITIES. Lessor shall provide to the premises, heat, water, sewer, general
lighting, electricity, without.charge to County.
11. FEES CHARGED BY CUSTOMS AND BORDER PROTECTION BUREAU.
Lessor hereby guarantees payment of all fees and expenses charged by Customs and Border
Protection as set forth in the Memorandum of Agreement, including but not limited to, the base
fee for each full-time inspector, all cost-of--living allowances, and additional fees such as travel,
•
transportation, relocation, and per diem costs incurred by Customs and Border Protection. In the
event that Customs and Border Protection determines at a later date that only one (1) inspector is
required rather than two (2) inspectors (as currently mandated in the Memorandum of
Agreement), WJC shall only be responsible for the fees and aforementioned expenses for one
(1) inspector rather than two (2) inspectors. Lessor hereby agrees and guarantees payment of all
fees and expenses charged by Customs and Border Protection within 10 days of invoice and due
and payable from County during the term of this Agreement.
12. REVENUES. WJC shall be responsible for collecting User Fees as set forth in
Exhibit B. Any revenues from the User Fees and in excess of the fees and expenses billed by
U.S. Customs ("Excess Revenues") shall be divided equally (50%-50%) by County and Lessor.
A year end reconciliation shall be performed by an auditor annually, at WJC's expense, and any
Excess Revenues shall be paid to County, according to the 50%-50% split, within thirty (30)
days of year end. The User Fee Schedule (Exhibit B) shall not be modified without the
agreement of both parties in writing.
13. AUDIT. WJC shall keep within the limits of Eagle County true and complete
records and accounts of all Gross Revenues and business transacted, including daily bank
deposits. No later than May 1 of each and every year during the term hereof, WJC shall furnish
to County a true and accurate statement of the total of all revenues and business transacted
during the preceding calendar year. Such statement shall be prepared and certified to be true and
correct by an independent certified public accountant paid for by WJC. Such statement shall be
furnished for every calendar year in which business was transacted under this Agreement during
the whole or part of any year.
WJC agrees to establish and maintain a system of bookkeeping satisfactory to County.
WJC authorized representatives shall have access during normal business hours to such books
and records. WJC shall keep and preserve for at least three years or until sooner audited by
County or the U.S. government all evidence of receipts and business transacted. The County's
auditor or other representative shall have the right at any time to audit all of the books of
account, bank statements, documents, records, returns, papers and files of WJC relating to the
business transacted.
14. INSURANCE. Lessor agrees to secure at its own expense, and to keep in force at
all times during the Term hereof, Comprehensive General Public Liability Insurance in the
minimum amount of One Million Dollars ($1,000,000.00) bodily injury and property damage
combined single limit each occurrence. The required insurance coverage also shall include
Personal Injury, Blanket Contractual Coverage for this Agreement, and Independent Contractors
Coverage. A certificate or certificates evidencing such insurance coverage shall be filed with
County within ten (10) days after execution of this Agreement, and said certificate(s) shall
provide that such insurance coverage will not be canceled or reduced without at least thirty (30)
days prior written notice to County. At least ten (10) days prior to the expiration of said
insurance policy or policies, a certificate showing that such insurance coverage has been renewed
or extended shall be filed with County. If such coverage is canceled or reduced, Lessor shall
within seven .(7) days of notice of cancellation or reduction, but in any event no more than fifteen
(15) days before the effective date of said cancellation or reduction, file with County a certificate
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showing that the required insurance has been reinstated in full, or provided through another
insurance company or companies.
The insurance carried by the Lessor, as required by this Agreement, shall be primary over
any insurance carried by the County for the County's own protection.
15. INDEMNIFICATION. Lessor hereby agrees to release and indemnify and save
harmless County, its officers, agents and employees from and against any and all loss of or
damage to leased property, or injuries to or death of any person or persons and shall defend,
indemnify and save harmless County, its officers, agents and employees from any and all claims,
damages, suits, costs, expense, liability, actions, penalties or proceedings of any kind or nature
whatsoever, including worker's compensation claims, of or by anyone whomsoever, in any way
resulting from, or arising out of, directly or indirectly, from this Lease Agreement, its
construction or improvement of the Leased Facility and including acts and omissions of officers,
employees, representatives, suppliers, invitees, contractors, subcontractors, and agents of the
Lessor; provided, that the Lessor need not release, indemnify or save harmless the County, its
officers, agents and employees from damages resulting from the sole negligence of the County's
officers, agents and employees.
16. INDEPENDENT CONTRACTOR It is expressly acknowledged and
understood by the parties hereto that nothing contained in this Agreement or the Memorandum of
Agreement (Ezhibit A) shall result in, or be construed as establishing, an employment
relationship between the Customs Inspector and the County. The Customs Inspector shall be
deemed to be an independent contractor and not an employee, agent, or servant of County. No
agent, subcontractor, employee, or servant of the Customs Inspector shall be, or shall be deemed
to be, the employee, agent or servant of County. The Customs Inspector shall be solely and
entirely responsible for its acts and for the acts of its agents, employees, servants and
subcontractors during the performance of this Agreement.
17. NO PRIVATE CAUSE OF ACTION. The rights herein contracted for shall inure
solely to the benefit of the parties to this Lease, and nothing herein shall be construed to grant a
cause of action to non-parties claiming as third parry beneficiaries or otherwise.
lg. AIRPORT RULES AND REGULATIONS. Lessor and its respective employees,
and any other persons using the Leased Premises, shall comply with all rules and regulations and
minimum standards governing or relating to the use of the Airport.
19. TERNIINATION. It is agreed and understood that either party may terminate this
Agreement, with cause, including but not limited to; breach of the terms of this Agreement or
failure to pay. Either party may do so upon sixty (60) days written notice to the other party.
Upon such termination each party shall be relieved of any obligations under this Agreement.
20. ASSIGNMENT/SUBLEASE. This Lease may not be assigned or the subject of
a sublease without the prior written consent of Lessor, which consent shall not be unreasonably
withheld.
21. PARTIES BOUND. All the covenants, conditions, and provisions in this Lease
shall extend to and bind the legal representatives, successors, and assigns of the respective parties
hereto.
22. GOVERNING LAW AND JURISDICTION. This- Agreement and all disputes
arising hereunder shall be governed by the internal laws of the State of Colorado and the parties
agree that venue and jurisdiction over any claim arising from this Agreement shall lie in the
courts of the Fifth Judicial District of Colorado. In the event of litigation, the prevailing party
shall be entitled to attorney's fees and costs.
23. SEVERABILITY. It is understood and agreed by and between the parties that if
any covenant, condition or provision contained in this Agreement is held to be invalid by any
court of competent jurisdiction, or otherwise appears to be invalid, such invalidity shall not affect
the validity of any other covenant condition or provision herein contained; provided however,
that the invalidity of any such covenant, condition or provision does not materially prejudice
either party in its respective rights and obligations contained in the remaining valid covenants,
conditions and provisions of this Agreement.
24. NONWAIVER OF RIGHTS. No waiver of default by either party of any of the
terms, covenants, and conditions hereof to be performed, kept and observed by the other party
shall be construed, or shall operate as a waiver of any subsequent default of any of the terms,
covenants, or conditions herein contained, to be performed, kept and observed by the other party.
25. ENTIRE AGREEMENT. This Agreement, together will all exhibits attached
hereto, consitutes the entire agreement between the parties hereto and all other representations or
statements heretofore made, verbal or written, are merged herein, and this Agreement maybe
amended only in writing, and executed by duly authorized representatives of the parties hereto.
26. SECTION HEADINGS. The section headings appearing in this Lease have been
inserted for the purpose of convenience and ready reference. They do not purport to, and shall
not be deemed to, define, limit or extend the scope or intent of the clauses to which they
appertain.
27. NOTICES. Notices required herein shall be in writing and served personally or sent
by registered or certified mail, postage prepaid. Personal delivery shall be made, if at all, to the
Airport Manager, on behalf of County, and WJC's manager on its behalf. Any such notice
mailed pursuant to this paragraph shall be presumed to have been received by the addressee three
(3) business days after deposit of the same in the U.S. Mail, postage prepaid. Either party shall
have the right, by giving notice to the other, to change the address at which its notices are to be
received. Until such change is made, notices shall be addressed and delivered as follows:
(1) Eagle County
Eagle County Regional Airport
Airport Manager
Post Office Box 850
Eagle, CO 81631
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Telephone: (970)524-8246
Fax: (970)524-8247
and
Eagle County Attorney
Post Office Box 850
Eagle County, CO 81631-0850
Telephone: (970) 328-8685
Fax: (970) 328-8699
(2) Vail Valley Jet Center
Vail Valley Jet Center
0871 Cooley Mesa Road
Gypsum, CO 81637
Telephone: (970) 524-7700
Fax: (970) 524-7909
28. APPROPRIATION LIMITATION. Notwithstanding anything to the contrary
contained in this Agreement, County shall have no obligations under this Agreement, nor
shall any payment be made to Contractor in respect of any period after any December 31 of
each calendar year during the term of this Agreement, without an appropriation therefor by
County in accordance with a budget adopted by the Board of County Commissioners in
compliance with applicable provisions of law.
IN WITNESS WHEREOF, the parties hereto have caused this Lease Agreement to be
made effective the day and year first set forth above.
LESSOR:
ATTEST:
y. i
ATTEST:
Teak J. Simd]~ton;'
Clerk to the Board of
County Commissioners
VAIL VALLEY JET CENTER, INC
Bryan Burns, President of
Vail Valley Jet Center, LLC
LESSEE:
EAGLE COUNTY, COLORADO
By and Through Its
~~~ ~ BOARD OF COUNTY
°~` °a~ CONIlVIISSIO RS
,~ .,
~ {
P9° By:
Chairman
•
CUSTOMS AND BORDER PROTECTION
MEMORANDUM OF AGREEMENT
USER FEE AIRPORT PROGRAM
Under the provisions of Section 236 of the Trade and Tariff Act 1984 (P.L. 98-573),
as amended (19 U.S.C. 58b),, the Commissioner of Customs and Border Protection
is authorized to make inspectional services available at airports, seaports, and other
facilities and to charge a fee for such services. The purpose df this agreement is to
designate the following location and its defined adjoining facilities as eligible for such
services under the conditions set forth herein.
Airport Name: Eagle County Regional Airport
Location: Physical: 0219 Eldon Wilson Road, Gypsum, CO 81637
. Mailing: P.O. Box 850, Eagle, CO 81631
The above-named airport shall be considered to be the "personas using Customs and
Border Protection services, as the term is applied in Section 236 of P.L. 98-573. In
accordance with the requirements of Section 236(c) of the law, a determination has
been made that the volume of business anticipated at the airport, and defined
adjoining facilities, is insufficient to justify the availability of unreimbursable
inspectional services.
CUSTOMS AND BORDER PROTECTION OFFICE LOCATION DEFINED
For purposes of determining reimbursable travel costs, identify the physical address
of the proposed Customs and Border Protection office, if different from the location
named above.
Vail Valley Jet Center
871 Cooley Mesa Road, 3^~ Floor
Gypsum, CO 81637
CUSTOMS AND BORDER PROTECTION LOCATIONS DFF~IN€D
Specify below any other locations (other than the airport itself) at which Customs and
Border Protection services would be expected: (i.e., define all adjoining, or adjacent
facilities, such as Foreign Trade Zones).
Not Applicable
GEOGRAPHIC BOUNDARIES OF SERVICE DEFINED
Service may only be provided at the mutually agreed upon location listed below. A
plat highlighting the service boundaries may also be attached.
04/25/3
Vail Valley Jet Center
871 Cooley Mesa Road, 3~ Floor
Gypsum, CO 81637
See attached Exhibits Al and A2 for office location~and ramp area
See attached Exhibit B for location of Vail Valley Jet Center
FACILITY STANDARDS
Airports requesting Customs and Border Protection services must meet and maintain
Customs and Border Protection facility standards. Facilities that fail to maintain
Customs and Border Protection facility standards will be subject to a 120-day notice
terminating this agreement.
CUSTOMS AND BORDER PROTECTION RESPONSIBILITIES
Regular Customs and Border Protection service will be provided 8 hours a day, from
9:00 a.m. until5:00 p.m., Monday, Thursday, Friday, Saturday and Sunday. Eagle
County Regional Airport reserves the right to change hours and days of operations
as needed for airport peak holiday times. The Customs and Border Protection
Bureau has determined that 2 full-time inspector(s) will be required at this airport.
Any service provided outside the regular hours will be on an overtime basis. The full
cost of overtime service will be paid by the airport and at the rates prescribed by
Section 267 of Title 19, United States Code, as amended.
In the absence of required inspectional services, the Customs and Border Protection
Bureau may assign other duties to the inspector at another. location.
EMERGENCY ADJUSTMENT TO LEVEL OF SERVICE
®uring emergencies that may arise, Customs and Border Protection reserves the
right to adjust the level of service provided to address high alert security situations.
Permission to land may be denied if sufficient personnel are not available.
Billing adjustments will be made to reflect adjustments to the level of service.
AIRPORT ("EAGLE COUNTY") RESPONSIBILITIES
Base Fee
For purposes of this Memorandum of Agreement, the terms "airport" and. "Eagle
County" are one and the same meaning and refer to the County of Eagle, State of
04/25/3 2
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Colorado. The airport.agrees to reimburse the Customs and Border Protection
Bureau for the full-year cost of each inspector. The base fee for each full-time
inspector is $129,125 for the first year and $115,400 for succeeding years, which
includes all salary and benefit costs, and all administrative overhead costs.
The airport agrees to pay all cost-of-living allowances, if applicable. Fees will be
increased for all adjustments and changes in the rate of pay and allowances
mandated by legislative and regulatory requirements.
Additional Fees
The airport agrees to reimburse all travel, transportation, relocation, and per diem
costs incurred by Customs and Border Protection in performing regular inspectional
duties, or for personnel to be brought to the airport from other locations for internal
control verifications, special enforcement activities, training, etc., as may be
necessary.
The airport agrees to reimburse all ADP costs, including equipment purchase,
installation, connectivity, maintenance and the cost of upgrading and replacing
equipment on a schedule determined by Customs and Border Protection.
Payment of Fees
All of the above-mentioned expenses will be determined in accordance with generally
accepted accounting principles and standards. The annual fee will be billed in
quarterly installments. The initial payment is due 15 days prior to the service date of
this agreement. Any cost-of-living allowance, travel, per diem, transportation, .
relocation, and any other variable expense will be collected after it is incur-ed, and
will be invoiced as an adjustment to the next quarterly installment.
If any amounts due Customs and Border Protection under the terms of this
agreement are not paid within 90 days of billing, the agreement will be automatically
terminated. In the event of termination, all costs incurred by Customs and Border
Protection, which have not been reimbursed,. will become immediately due and
payable. Interest on unpaid fees will accrue based on current U.S. treasury
borrowing rates.
Facilities.
Airports requesting services must satisfy Customs and Border Protection facility
standards before submission of this agreement. The standards are specified in the
User Fee Airport Facilities Standards document and the Technical Standards for
Customs Passenger Processing at Airports document. The Customs and Border
Protection Management Center that oversees the User Fee Airport will inspect the
facilities and verify whether the facility standards are met prior to submission of this
agreement. Facilities that fail to maintain facility standards, after initial approval, will
04/25/3
be subject to a 120-day termination notice. The Customs arYd Border Protection
Bureau reserves the right to update the facilities standards as necessary.
Secure space must be provided for the Customs and Border Protection inspector to
inspect baggage and store seized items. The space provided to and occupied by
Customs and Border Protection personnel must remain under the control of the
airport that is entering into this agreement.
ADP Equipment
The Customs and Border Protection Bureau has specific requirements for software,
computers, printers, file servers, data cabling, and connectivity to the Customs and
Border Protection National Data Center. The Office of Information and Technology
(OIT) will be responsible for ordering and installing a frame relay data connection
from your facility to the Customs and Border Protection National Data Center. The
Office of Information and Technology will develop the automated equipment
.configuration, determine the cost for this ADP, equipment, and procure and install the
ADP equipment based on the number of inspectors at this facility. The airport will be
responsible for the procurement and installation of all data cabling components
required for connectivity of the ADP equipment according to OIT provided
specifications.
The airport will be billed for the purchase of the ADP equipment, the one-time
charges for the network installation, and the annual recurring costs for equipment
maintenance and network connectivity. This ADP equipment and network will be
covered under Customs and Border Protection maintenance agreements.
Equipment problems and network outages must be reported to the Customs and
Border Protection Help Desk. Upgrades to the ADP equipment will be required on a
schedule determined by Customs (every 3 years). The airport will retain ownership
of this equipment.
Third Party Charges
The airport agrees to set and periodically review its rates to ensure that They are in
accord with the airport's reimbursable expenses, if the airport seeks reimbursement
by the individual users of the Customs and Border Protection services provided.
SERVICE DATE
Service will begin on a date determined by the Customs and Border Protection
Bureau. Billing will coincide with the actual start of service.
ANNUAL REVIEW OF AGREEMENT (MOA)
04/25/3 4
~ ~
This agreement is subject to annual review. The Customs and Border Protection
Bureau will conduct an annual review of this agreement to ensure that the
requirements are being met. The Customs and Border Protection Bureau will issue a
termination notice if the annual review indicates that the terms and requirements of
this agreement are not being met.
TERMINATION OF AGREEMENT
This agreement may be terminated by either party upon 120 -days written notice. If
any amounts due the Customs and Border Protection Bureau under the terms of this
agreement are not paid within 90 days of billing, the agreement will be automatically
terminated.
APPROPRIATIONS
Notwithstanding anything to the contrary contained in this Agreement, Eagle County
shall have no obligations under this Agreement nor shall any payment be made in
respect of any period after December 31 of each calendar year during the teen of this
Agreement, without prior appropriation therefore by Eagle County in accordance with
a budget adopted by the Board of Eagle County Commissioners in compliance with
applicable provisions of law.
AUTHORIZATION (TWO COPIES WITH ORIGINAL SIGNATURES ARE REQUIRED
Agreement to these terms is attested by the signatures below and made effective this
day of , 2003.
EAGLE COUNTY, COLORADO
By and Through Its
BOARD OF COUNTY COMMISSIONERS
ATTEST:
By:
Teak J. Simonton
Clerk to the Board of
County Commissioners
By:
Michael L. Gallagher
Chairman
By:
CUSTOMS AND BORDER
PROTECTION BUREAU
By:
Robert C. Bonner, Commissioner
Customs and Border Protection
04/25/3
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FB~~ AIRPORT FACIGITI~S STAI+lDA~
~ f:rttroducuot-: • ~,
This publication was developed to doe~tment elartdardai for the o~cai snd opcradonal spew end equipment
regnlret7oenat of the U. 5•Customs Service at Ussr Fee Altporta establlehed under 19 USC SB(bj. The
rcgwiresttenta de+scrlbed heretd may be modified by Customs N is le detetmiaed that a particular eltattga i9
neceSstuy fo fecilUtlfe local operetlons. .
1. Ciertere] Requirements:
All cargo. crew eni$ passengers arriving from or deparslag m eta area oulelde of tba Customs
Teartccry era sabJ®es eo processing by Customs per i9 CPEL 162.6. Each Uacr Fes Attpott
Deslgnea bas agreed m provide adequate fhcilides for use by the Cuatbrna Service. Every slrpon
shall peovldas a Federal Ittspertiatr Services far;lllty adequate fot the praeeasing of flight9 with ~p o
tv~ty (20~ pessasstgers and aeoompanying baggage, 89 defmcd is This doeumettt. PfS ones
ensure Iha integrity of the inspection preceas. Only passengers anQ
permitted access to the PIS facility. visual and physleal contact 6atwealt errivlrag pas9ettgers and
othet persons is net permitted utuil after the Inspection process, has been completed std paeeeagets
hrve e~ritcd the Ff9 area.
2_ Locatips of OlPtee:
The location of the Cuatams office mt#sc bt In a faFillty on the alrpon grounds owned oreontrolled
by the Elect Fee AiroaR ~lat6oriry that ptbvides tJto: ffiotlowing: . .
a. Dls'ect arra8e ttt the airport damp erea~ from the building.
b. Public acee~ to llaa bnpoing, inchtding epptop~rlwt®proel®IAtta for hettdicett mss ~
parhlag- ~ - _
c. Cutrwms cottorolled access to the Customs area of the building on <i ~4:7 basis.
d. Gropsr-d floor leeatiofl ie she building.
;0. Space that rateeta the Standards esca61lstat:d in Castottt9 Physical Seetarlty ltendbeok
100-02.
f. , Access w waelrroorrt facilities.
3_ Office Space f~equireataagtq:
Tito offim space provided must include the tbllowing areas:
a. A esnall -eception area with a routatrr,~approscimstaly 608gttare~ feet
b. An open ogee area large enough eb accosnmodata ono desk or workstation,
apptvxltaately ISO s<gttara leer per assigned iattpaetot. This silocation Includes
circatlatioQ and Hung space,
c. A store room o! approximately t Oil sgner~ feet.
d, AA ~aminellon r+oom.o[approzitnatri,ly 1St) sgttsre feet, equipped with a cable betted. W
the wall adequate [orbaQgsge examtnedona
e, Adequaue slgnage both intacrtoc and exterior to faeilicata public accmas to our ofllce.
. a• Rsrnp /lccmao .
~TAo Cwtoms 5ery~tM71 De provided with 41r+ece a~a to lAo ra~sv Dy ous Inopeomr and
vthieica. A pbltian o/the ramp ereA. direetlg~ edJaaent m our office shall 6a decldl7atesd sa a
Cwtom~ 3eeurlty wrest ae dallned in 13 [,`pR 122. t tl l artd pasted ~ suoh. This area moat 6e
adequatoty -ii~~_ .
s• Bgnipment: .
The cgtripimn[ the Usar Fee Airport Authorily will provide shall Inolnde the following:
a. Offices furnitut~e lra Inclilde a desk a~r workstation, sppropNate task clod side chalPe, soars
labia, file cabinets- ~ ~ ,
b. QfyRee sAred4e- ~~
c- Safe ' . .
d. Plxtiloccpla ..
e- VCR ~ -
1 7'e:lejvision ~ ~ '
~. Persotsal wmpd!p ~ mated peripherat+; esa per moat entreat U.3. Customs Offlts o~
Infotmadeui T~t-~1es®y Standards. ~ '
6- Volce Communicetians ~i!quipmanc
The User pee Airport AUtlloia responsa"blo Par providing Volce conursunleatinns equlprtten[ m
include a faesimiie maahitte an sAaweriag maeitine or voices mail eaptbility. The roioe portion
of rhia regttiroment can bo.r~- inusg-sang the Ctietn~aa of i'laa loco an exiadng -elcpiwna/voieo
mail syscenk The fecsltttl~eq~lltmem rnasn have et eaparare phone oomtextloa and De located is
our puce arcs.
7. t7ata Commuelwtiotis Fsgwjpnt and Naslworlc coeneut<~ity •
~} The User Fee Airport Au~h sh41t provide a Oadieated digiiet; potttt to poitu dos little with
;, approptlate erreryplian t4 t S. Customs Data Lauer !ousted U Springfield, Vtrglttia. Derailed
spccii;rstions relwting to this re~pir+ame:nt should ba o6taitted ftvm the Comeattakatloeta
supervisor. U. 5. Custort~ ~crvle:o who can be contacted at ?03-921.6373.
s. afflae ualluos/Mainuetruttgel~te~ninQ
:~.
All uriliites must tx provided by the Uaer Peo Atrpniri Authority including office malatenance.
cleaning. besting. cooling ctc. AQ eleattiog will be done during the scheduled Customs 6usiaeea
hours.
•
TE(unl(AL STANDARDS FAR NiTOM1
' PAS3En6ER PROtESSlh6'AT AIRPORTS
-JULY 2001
;,, ' ~ lnnml®ratlon and Cu~uar+u oj~clale +~Ill e~dvis~ the alrpors in asl4ctln~ t11e #nProD+l~ •PeaoanOar
ena! b~pprp, msnapertaant opt) i ^ealai In devr~loplnQ apadfl® raqul~ Oor tlii propoaw~'nsw
~ r®nadated Ir~p~ecticn faollhy~ "
1.®" 1~1~1VFitA1. AV~ATIQd.FR~~ES~II_ NQ~,API
1 "
Goners) BYi~on proceeainp f~llhlee aro"riortnally red 8t ^n1a11, low voluins elrpatto re the
Unlted 3taiem and show the Federd lnspecdon Servicoroeass a Amltstl' Wombat of irtaematianal
anlvala censlesing o- un bo ttilrcy pattsanBera ai orte tme. l3anarsl ariaNon tntfflc ceminor-!y eonststs
t1- patsaangers strivaip a pnv®te aenxafl a er roplonal Ieomrr~usar'1 type aircraft- Prooesdap larQ~r
commercial I s zh natrucdan of ve octal FI8 . General sv~fe~oaeaslnp
e e Dosed In a ~:~ alone attvcttrre.or Invorporatad into the tnsln airport terrttlrtal. ~ha atandiidls
which apply "to th® do~~~uuctbtt of a neW ®R renove't~ GAP facility a~ outilned ea fofro~:
• +~
1a1 locate Ih a~manner that aiferda a clear v(sw of the in~ernatlanal afrcral°t paridn® ramp.
Ibl •Proti+ids as passengRr waitit>p area. desipnad to poeonunodate the maximum nt,unDer ai
1otErnational arrivale expected aR arry one time. Provide chaba, forms rack, stand up vvrltirtp
saunter and male and ferr'uJe publla toilats-
Ic) Provide an adeouate proCeuaing area, normally aepar®tad from the wahine area by a ritilinp,
with a computer wvrkstattan, bags®ge examination countsrisl and a search roan*lal.
Id) include en r~ifice for •custama- iN8 end APHIS will also require oftlce apace when prta6nt.
At )erect fecillrles, Agricukura may repulro p small laboratory vv+thln of adJecene to )hail office.
le) A computer roam and a gen®rel stcratte roan ar® requirad_ "
(n Assure ihet no perlmster windows allow the general public to observe the Inspection prncaaa
Igl le cllmatM Wirth lnalemerrt wsslhor. nrovlds entry And silt veanbults if apOropri~ to the.
bcatlarr of the facility. "
Ih1 Consult Customs far assle~Gante in datermininA ~paePRc requlr~mente for a pmpocad f®dllty.
li) Attachment F illuitarates a typlcel~Gartar~ Avla~dOry Proceselnp bulldino.
---.~~
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