HomeMy WebLinkAboutContract 57183 CSC No. 57183
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: Meacham International Airport (KFTW)
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 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.
N/A
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).
N/A
OFFICIAL RECORD
CITY SECRETARY
12/2021 1
FT.WORTH, TX
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.
See Attached Map
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 I 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: Monday through Friday
Hours of Service: 1000 to 1900 (10:00 am- 7:00 pm) local time
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
12/2021 2
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. All base salary changes will reflect the costs of services being provided which
includes all salary and benefit costs, and all administrative overhead costs. This amount is
subject to change.
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 Automated Data Processing (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
billed 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
the date of the bill sent by U.S. Customs and Border Protection. If a protest is filed, the
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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.
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 has 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 the Office of Information Technology 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(currently, 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.
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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.
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.
REVOCATION OF PRIOR AGREEMENTS
All previous Memoranda of Agreement or other written agreements or instruments between the
parties concerning the CBP User Fee Facility program at the Facility, including the Agreement
between the parties effective 9/14/2017 are hereby terminated
12/2021 5
AUTHORIZATION
Agreement to these terms is attested by the signatures below.
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
igning I acknowledge that I am the per on
�� Bg re pon ible for the monitoring and admini tration of
$y_ Dana Burghdoff( 3,202 7:36 CST) thi contract,including en uring all performance and
reporting requirement
Name: Dana Burghdoff .
Title: Assistant City Manager
Digaally signed by Dakota
Dakota Shaw ,Feb 3,2022 Ds'ace:zo..22
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Date:
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Name: Dakota Shaw
APPROVAL RECOMMENDED: Title: Airport Supervisor
APPROVED AS TO FORM AND LEGALITY:
By:
Name: Roger Venables
Title: Aviation Director By:
Name: Thomas Royce Hansen
ATTEST: Title: Assistant City Attorney
/ �� CONTRACT
C�dd� AUTHORIZATION:
By: JAffiette S.Goodall(Feb 3,2022 08:4 ST) M&C• 21-0866
Name: Jannette Goodall go444nA��
Title: City Secretary d�F F 00000. a�
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Pete Flores 2/24/2022
Executive Assistant Commissioner SignaturU Date
U.S. Customs and Border Protection
OFFICIAL RECORD
CITY SECRETARY
12/2021 6 1 FT.WORTH, TX
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AIRPORT PROPERTY MAP 1
MEACHAM INTERNATIONAL AIRPORT
FORT WORTH,TEXAS(FTW)
2/28/22,4:52 PM M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRT °RTI_�
Create New From This M&C
DATE: 11/9/2021 REFERENCE **M&C 21- LOG NAME: 55FTW MEACHAM CUSTOMS
NO.: 0866 MOA
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 2) Authorize Execution of a New Memorandum of Agreement with the United States
Customs and Border Protection for the User Fee Facility Program at Fort Worth Meacham
International Airport
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a new Memorandum of Agreement
with United States Customs and Border Protection for the User Fee Facility Program at Fort Worth
Meacham International Airport.
DISCUSSION:
On August 29, 2017, Mayor and Council Communication (M&C) C-28349, the City Council authorized
the Aviation Department to execute a Memorandum of Agreement (MOA) for a United States Customs
and Border Protection (CBP) User Fee Facility Program Agreement which reimburses the CBP for the
full annual cost of each officer it provides to the City for Customs and Border Protection services. Fort
Worth Meacham International Airport (Airport) is responsible for expenses incurred in providing
clearance services to international travelers using the Airport as a port of entry into the United States.
Costs under this MOA include the salary and expenses of individuals employed by CBP and any
necessary support costs to provide services. The base fee for each full-time officer is $123,438.00
which includes all salary, benefit costs and administrative overhead. These costs are subject to
change, in accordance with the MOA, depending on the seniority and benefits of the stationed CBP
Officer. The annual fee is billed in quarterly installments. In addition to quarterly installments, the City
of Fort Worth (City) is billed for each after-hours flight that results in a CBP officer accruing overtime
payments beyond those of the base salary and if additional officers are needed for inspection services.
In June of 2020, the Aviation Department received notice from the CBP that officer salary and benefits
increased due to a change in federal legislation and the fact that a new senior officer, with a higher
salary, was assigned to the Airport's Customs facility, increasing the quarterly installment costs by an
average of 37\%. The existing MOA (Prior MOA) states a CBP staff officer will be available Monday
through Friday (excluding Federal Public Holidays), during the hours of 8:00 a.m. to 5:00 p.m. The
Airport would like to now adjust the hours of operations to 10:00 a.m. to 7:00 p.m. in an effort to
reduce costs associated with paying overtime to CBP officers who have to work outside of the current
weekly work schedule identified in the Prior MOA to provide services for after-hours flights. CBP has
agreed to the change, however requires that a new MOA be executed to reflect the new terms of the
agreement between the City and CBP. As was the case with the Prior MOA, the new MOA will require
the City to pay all salary, benefit costs and adminsitrative overhead for a CBP officer whose seniority
and benefits that may change throughout the term as different CBP officers cycle through the Airport
and therefore the expenditure amount under this agreement will be subject to changes throughout the
term. The new proposed standard schedule proposed by the Airport is subject to additional changes
to further reduce costs as necessary. Prior to the proposed hours of operation, the Airport received
34\% of international flights outside of regular operating hours resulting in overtime costs. The Airport
anticipates a 22\% reduction of overtime costs by adjusting the hours of operation to the proposed
time frame. Upon execution of this new MOA, the existing MOA will terminate.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as
apps.cfwnet.org/council_packet/mc_review.asp?ID=29414&councildate=11/9/2021 1/2
2/28/22,4:52 PM M&C Review
previously appropriated, in the Municipal Airport Fund, to support approval of the above
recommendation and execution of the agreement. Prior to an expenditure being incurred, the Aviation
Department has the responsibility to validate the availability of funds.
TO
Fund Department Account Project Program
ActivityBud et Reference # Amount
p ID , I ID g � I Year (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: Roger Venables (6334)
Additional Information Contact: Dakota Shaw (5407)
ATTACHMENTS
FID table for increased Customs and border expenditures.XLSX (CFW Internal)
Funds Availability.PNG (CFW Internal)
apps.cfwnet.org/council_packet/mc_review.asp?ID=29414&councildate=11/9/2021 2/2