HomeMy WebLinkAboutContract 50118 CITY SECRETARY
CONTRACT N0. NA
w: :'rrya� -• U.S. CUSTOMS AND BORDER PROTECTION (CBP)
ciry$�C��Ay w MEMORANDUM OF AGREEMENT
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`1 1 01 6 8 1.9Gi 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: Meacham International Airport
Airport Location: 201 American Concourse
Fort Worth, Texas 76106-1503
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 un-reimbursable 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.
See Above
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).
None
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.
Services will be confined to Meacham International Airport property only.
OFFICIAL RECORD
CITY BI:cwARY
5/18/2017 . _,
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 one (1) full-time officer 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: Monday to Friday, excluding Federal Public Holidays
Hours of Service from 8:00 a.m. until 5:00 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 costs of services being provided which includes all salary and benefit costs, and all
administrative overhead costs.
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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.
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 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.
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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.
ADP 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 data connection from your facility to the U.S. 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 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 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 U.S. Customs and
Border Protection maintenance agreements. Equipment problems and network outages must be
reported to the U.S. Customs and Border Protection Help Desk by the Port Director. Upgrades
to the ADP equipment will be required on a schedule determined by U.S. Customs and Border
Protection (every 3 years). 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(MOAT
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.
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
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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.
A$>(s� e --
Name and Title,Port Authoritynat r Date
Ca in ssioner Dat
U.S. Customs and Border Protection
APPROVED:
City of Fort Worth
By: 7 — z�/–, 8/3/�i7
Fernando Costa Date
Assistant City Manager
APPROVAL RECOMMENDED:
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By: 4�
Bill Welstead
Aviation Director
APPROVED AS TO FORM AND LEGALITY: M&C: C-28349
Date: August 29, 2017
JB .
Paige Me ne Form 1295: N/A
Assistant City Attorney
OFFICIAL RECoIW
CITY SECRETARY
5 FT. !NORTH, TX
5/18/2017
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Secretary '*
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CONTRACT MANAGER:
By signing, I acknowledge that I am the person responsible
for the monitoring and admini ation of this contract, including
ensuring all per rmance and eportin requirements.
By:
Jul' ostak
roject Specialist/Senio Administrative Assistant
Aviation Department
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OFF FIRECORD
CITY SECRETARY
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5/18/2017
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA F H
COUNCIL ACTION: Approved on 8/29/2017
REFERENCE ** 55FTW MEACHAM
DATE: 8/29/2011 NO C-28349 LOG NAME: AIRPORT CUSTOMS MOA
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Memorandum of Agreement for a United States Customs and
Border Protection User Fee Facility and Reimbursement of Full Annual Cost of Each
Officer at Fort Worth Meacham International Airport(COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Memorandum of Agreement for
a United States Customs and Border Protection User Fee Facility at Fort Worth Meacham
International Airport and reimbursement to United States Customs and Border Protection for the full
annual cost of each officer at the facility.
DISCUSSION:
On February 18, 2014, Mayor and Council Communication (M&C G-18127) the City Council
authorized Meacham International Airport(Meacham)to secure designation as a Customs User Fee
Airport(CUFA) through United States Customs and Border Protection, Department of Homeland
Security (CBP). This designation also made provisions for a staffed position for clearing of
international private air traffic. Through the execution of a Memorandum of Agreement with CBP, a
staff person will be available Monday through Friday (excluding Federal Public Holidays), during the
hours of 8:00 a.m. to 5:00 p.m. The CUFA will eliminate wait time for a CBP response and will
enhance Meacham's current operations, allowing the airport and businesses on the airport to better
serve customers and bring new business to Meacham.
Meacham will be responsible for expenses incurred in providing the CUFA services. Costs include
the salary and expenses of individuals employed by CBP, and any necessary support costs to
provide these services. The base fee for each full-time officer is currently $140,874.00 for the first
year and $123,438.00 for succeeding years. All base salary charges will reflect the costs of services
being provided which includes all salary and benefit costs, and all administrative overhead. The
annual fee will be billed in quarterly installments. The City will have the right to terminate the
Memorandum of Agreement upon 120 days written notice.
Additional fees may include reimbursement of all travel, transportation, relocation, and per diem costs
incurred by CBP 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.
Fort Worth Meacham International Airport is located in COUNCIL DISTRICT 2.
This contract will be with a governmental entity, state agency or public institution of higher education:
U.S. Customs and Border Protection, Department of Homeland Security
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that, contingent upon adoption of the Fiscal Year 2018 Budget by
City Council, funds will be available in the Fiscal Year 2018 Municipal Airports Fund and the Aviation
Department is responsible for verifying the availability of funds prior to an expenditure being made.
TO
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http://apps.cfwnet.org/council_packet/mc review.asp?ID=24943&councildate=8/29/2017 1/3/2018
M&C Review Page 2 of 2
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID I I I Year I (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Bill Welsted (5402)
Additional Information Contact: Jeff Kloska (5406)
Julie Hostak(5407)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/mc review.asp?ID=24943&councildate=8/29/2017 1/3/2018