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Home My WebLink AboutC03-108 Customs and Border Protection - VOID~' . V ~~ '° ~ _ ~~ L• r w • ~ '~ ~W CUSTOMS AND BORDER PROTECTION MEMORANDUM OF AGREEMENT USER FEE AIRPORT PROGRAM Under the provisions o .Section 236 of the Trade and Tariff Act 198~~ (P.L. 98-573),. as amended (19 U.S. . 58b), the C~mmis i f Customs and k~order Protection is authorized to make i spectional s rvices ilable t airports, seaports, and oth~~~s facilities and to charge ~ or such se ices. The pu pose of~~is agreement is t4~ designate a followi g ~lo atio and its d fined djoi ' g facil~fies as eligible for such services uer the nditi ns s t forth he ein A,. Eagle unty Regional Airport cal: 219 Eldon Wilson Road, yp Mailing: P. .Box 850, Eagle, CO 1631 The a ve~named ai~---~ ~~ Border o ection sei. accordance with the r C - been made that the v~ adjoining facilities, is i ~ p-=~ inspectional services. ~ / CUSTOMS AND BORI ~~ ~~ (~~.v~ For purposes of determ 1~ of the proposed Custon -~c~ named above. Vail 871 Gyp; _ -~ - -- - -_ - CO 81637 in" using Customs and '36 of P.L. 98-573. I n ~, a determination has ort, and defined eimbursable i DEFINED (,~~i~4 he physical address ~t from the location ~~ Specify below any othgF locations (other than the airport its at which Customs and Border Protection se ces would be expected: (i.e., define a 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. '~ 04/30/3 ~ ~ 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. until 5:00 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 During 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 04/30/3 2 • • 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 incurred, 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 bon-owing 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 04/30/3 • • ~ be subject to a 120-day termination notice. The Customs and 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 ofi service. ANNUAL REVIEW OF AGREEMENT (MOA) 04/30/3 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 byeither 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 term 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 Agr ement to these erns is attested by the signatures below and made effective this day of , 2003.. EAGLE COUNTY, COLORADO ~c~t~ y and Through Its ~~ ~~$ ARD OF C UNTY COMMISSION RS ATTEST: 4, x, ~ ~ n /~ n Teak J. Sfmonton ~``~'° Clerk to the Board of County Commissioners By: Michael L. Gallaghe~ Chairman CUSTOMS AND BORDER PROTECTION BUREAU By: Robert C. Bonner, Commissioner Customs and Border Protection 04/30/3 CUSTOMS AND BORDER PROTECTION MEMORANDUM OF AGREEMENT USER FEE AIRPORT PROGRAM ,~;; '~ ~~c~ " ~Z ~~~~ ~ ,~ a`~i 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 fie for such services. The purpose of 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 "person" 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 DEFINED 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. I ~ ~ ~ S 04/30/3 ~ ~ ~ b ~~ ~ ~ ~ i, 9 ~ ~~ `"' ` P ~, ~~