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HomeMy WebLinkAboutC17-339 US Customs and Border Protection - NOT FULLY EXECUTEDUser Fee Facility Memorandum of Agreement U.S. CUSTOMS AND BORDER PROTECTION MEMORANDUM OF AGREEMENT USER FEE FACILITY PROGRAM Under the provisions of Section 236 of the Trade and Tariff Act of 1984 (P.L. 98-573), as amended (19 U.S.C. 58b), the Commissioner of U.S. 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 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. Facility Name Location: Eagle County Regional Airport Physical: 0219 Eldon Wilson Road Gypsum, CO 81637 Mailing: P.O. Box 850; Eagle, CO 81631 The above-named facility shall be considered to be the "person" using U.S. 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 facility, and defined adjoining facilities, is insufficient to justify the availability of unreimbursable inspectional services. U.S. CUSTOMS AND BORDER PROTECTION OFFICE LOCATION DEFINED For purposes of determining reimbursable travel costs, identify the physical address of the proposed U.S. Customs and Border Protection office, if different from the location named above. Vail Valley Jet Center 871 Cooley Mesa Road Gypsum, CO 81637 U.S. CUSTOMS AND BORDER PROTECTION LOCATIONS DEFINED Specify below any other locations (other than the facility itself) at which U.S. 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. 44 C17-339 Vail Valley Jet Center and attached Ramp Area 871 Cooley Mesa Road Gypsum, CO 81637 FACILITY STANDARDS Entities requesting U.S. Customs and Border Protection services must meet and maintain U.S. 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. If applicable, an Agriculture Compliance Agreement must also be maintained. U.S. CUSTOMS AND BORDER PROTECTION RESPONSIBILITIES U.S. Customs and Border Protection has determined that at the time of the signing of this agreement 2 full-time officer(s) will be required at this facility. U.S. Customs and Border Protection services will be provided as specified below. Any service provided outside these hours may be subject to overtime and/or premium pay. The full cost of overtime service and/or premium pay will be paid by the facility and at the rates prescribed by Section 267 of Title 19, United States Code, as amended. In the event U.S. Customs and Border Protection has to provide a Customs and Border Protection Officer(s) to replace the regularly assigned officer(s) during the established shift by a temporary replacement due to sick leave, annual leave, transfer, travel, and/or training, then the facility agrees to bear any and all costs and expenses associated with such replacement including but not limited to transportation, relocation and/or per diem costs for personnel brought from other locations. The work schedule that has been agreed to is as follows: Weekly Work Schedule Thursday through Monday Hours of Service from 9 a.m. until 5 p.m. In the absence of required inspectional services, U.S. Customs and Border Protection may assign other duties to the officer at another location. ADJUSTMENT TO LEVEL OF SERVICE During circumstances that may arise, U.S. Customs and Border Protection reserves the right to adjust the level of service provided to address high alert security situations, special events or other circumstances as needed. 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. FACILITY RESPONSIBILITIES Base Fee The facility agrees to reimburse U.S. Customs and Border Protection for the full -year cost of each officer. The base fee for each full-time officer is currently $140,874 for the first year and $123,438 for succeeding years. This amount is subject to change. All base salary changes will reflect the 45 costs of services being provided which includes all salary and benefit costs, and all administrative overhead costs. The facility 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 facility agrees to reimburse all travel, transportation, relocation, and per diem costs incurred by U.S. Customs and Border Protection in performing regular inspectional duties or for personnel to be brought to the facility from other locations for internal control verifications, special enforcement activities, training, etc., as may be necessary. If authorized by law, relocation costs may be incurred by the facility authority upon termination of the MOA by either party. The facility 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 U.S. Customs and Border Protection. Pavment 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 U.S. 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 U.S. 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. The facility authority may file a protest under 19 U.S.C. §1514 for any charges it believes to be excessive or incorrectly included in the bill provided by U.S. Customs and Border Protection. Any protest must be filed within 180 days of receipt of the bill sent by U.S. Customs and Border Protection. If a protest is filed, the procedures set forth in 19 C.F.R. Part 174 must be followed. Facilities The facility authority requesting services must satisfy U.S. Customs and Border Protection facility standards before submission of this agreement. The standards are specified in the Airport Technical Design Standards for Passenger Processing, the Cruise Terminal Design Standards, the Physical Security policy of U.S. Customs and Border Protection and any applicable combination or revision. Prior to submission of this agreement, the U.S. Customs and Border Protection Field Office that oversees the facility will inspect the facility and verify whether the standards are met. Facilities that do not meet facility standards after initial approval will be subject to a 120 -day termination notice. U.S. Customs and Border Protection reserve the right to update the facilities standards as necessary. 46 Secure space must be provided for the U.S. Customs and Border Protection officer to inspect baggage and store seized items. The space provided to and occupied by U.S. Customs and Border Protection personnel must remain under the control of the facility that is entering into this agreement. IT Equipment U.S. Customs and Border Protection have specific requirements for software, computers, printers, file servers, data cabling, and connectivity to the U.S. Customs and Border Protection National Data Center. The Office of Information and Technology will be responsible for ordering and installing a frame relay wide area network (WAN) connection from your facility to the U.S. Customs and Border Protection National Data Center, unless other method is deemed appropriate and secure. The Office of Information and Technology will develop the equipment configuration, determine the cost for this equipment, and procure and install the equipment based on the number of officers at this facility. The facility 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 facility will be billed for the purchase of the IT equipment, the one-time charges for the network installation, and the annual recurring costs for equipment maintenance and network connectivity. This equipment and network will be covered under U.S. Customs and Border Protection maintenance agreements. Equipment problems and network outages must be reported to the U.S. Customs and Border Protection Technical Service Desk by the Port Director. Upgrades to the IT equipment will be required on a schedule determined by U.S. Customs and Border Protection. The facility will retain ownership of this equipment. Third Party Charges If the facility seeks reimbursement by the individual users of the U.S. Customs and Border Protection services provided, for example air carriers; the facility agrees to set and periodically review its rates to ensure that they are in accord with the U.S. Customs and Border Protection services provided. SERVICE DATE Service will begin on a date determined by U.S. Customs and Border Protection. Billing will coincide with the actual start of service. ANNUAL REVIEW OF AGREEMENT (MOA) This agreement is subject to annual review. U.S. Customs and Border Protection will conduct an annual review of this agreement to ensure that the requirements are being met. U.S. Customs and Border Protection will issue a termination notice if the annual review indicates that the terms and requirements of this agreement are not being met. 47 TERMINATION OF AGREEMENT This agreement may be terminated by either party upon 120 days written notice for any reason. If any amounts due U.S. Customs and Border Protection under the terms of this agreement are not paid within 90 days of billing, the agreement will be automatically terminated. If national security, defense, safety or other interests are at risk, as determined by the Port Director, the agreement may be terminated immediately without prejudice to the filing of a new application. Notice of termination will be provided in writing setting forth the reasons for such action. Any immediate termination may be appealed in writing within 30 days to the Director, Field Operations where the facility is located. AUTHORIZATION (TWO COPIES WITH ORIGINAL SIGNATURES ARE REQUIRED Agreement to these terms is attested by the signatures below. Name and Title, Port Authority Signature Commissioner Date U.S. Customs and Border Protection Attest: 4 GzFc. / rrst I tv,�� Clerk to the Board of County Commissioners Date Eagle County, Colorado By and Throu BOAR COU ONERS By: - -- �trl ian Ryan, air Elf-] EXHIBIT Al Vail Valley Jet Center 3rd Floor Plan RAMP 13 15