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Home My WebLink AboutA4695 - CUSTOMS BORDER PROTECTION BUREAU USER FEE AIRPORT INSPECTION SERVICES Customs & Border Protection U5 I-et' LH HELD OFFICE Bureau - User Fee Airport Inspection Services AGREEMENT #4695 MO 7288, 5-7-03 RMRNTD CUSTOMS AND BORDER PROTECTION CITY CLERK MEMORANDUM OF AGREEMENT OF PALM SPRINr-S BOX 2143 PALM SPRINGS,CA 9983 USER FEE AIRPORT PROGRAM Under the provisions of Section 238 of the Trade and Tariff Act 19$4 (P.L. 98-573), as amended (IS U.S.C. 58b), the Commissioner of Customs and Border Protection is authorized to make inspeotional services available at airports,'seaports, and other facilities and to charge a fee for such services. The purpose of this agreement is to designate the following location and its defined adjoining facilities as eligible for such services under the conditions set forth herein. Airport Name: Palm Springs International Airport Location: 3400 E. Tahquitz Canyon"Way, Suite ARC Palm Springs, California .92262 The above-named airport shall.be considered to be the"person" using Customs and Bonder Protection services, as-the term is applied in Section 236 of P.L. 98-573. In accordance with the requirements of Section 236(c) of the law, a determination has been made that the volume of business anticipated at the airport, and defined adjoining facilities, is insufficient to justify the availability of unreimbursable inspectional services. CUSTOMS AND BORDER PROTECTION OFFICE LOCATION DEFINED For purposes of determining reimbursable travel costs, identify the physical address of the proposed Customs acid Border protection office, if different from the location .named above. Palm 5pr$nga International. Airport 3400 E. Tahquitz Canyon Way, Suiti #23 Palm Springs, California 92262 CUSTOMS AND BORDER PROTECTION LOCATIONS DEFINED Specify below any other locations (other than the airport itself) at which Customs and BorderProtection services would be expected: (i.e., define all adjoining or adjacent facilities, such as Foreign Trade Zones). Palm Springs, International_Airport, Palm Springs, ca4tornia PSP - Signature FIQlt Support (oacairport FHO facility) PSP - Million Air (ozi-airport_ FBO facility) PSP - Art Museum ?SF - Corporate 8angar(s) 030103 See attached foreign TYadp 7.nna -i-- -�-- -- - - kgt-d goo/Coo'd 8zd-1 1627"Unz -MIA =58:10 go-tf-1BM mR"�i-crrrr� ea ay US CBP LA FIELD OFFICE 562 980 3359 P,05/09 GEOGRAPHIC 80UNDAR19S 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. All property within the Airport Operations Area. (ADA) ,Perimeter fence of the Palm Springs International Airport. Sae attached Foreign 'Trade Zone airport pxapercy map,_ 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 The Customs and Border Protection Bureau has determined that i full-time inspector(s) will be required at this airport. Regular Customs and Border Protection services will be provided between the hours of 8 a,m and 5:00 p.m. Monday through 'Friday. Any service provided outside the regular 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 airport and at the rates prescribed by Section 267 of This 19, United States Code, as amended, The work schedule that was been agreed to is as follows: Weekly Work Schedule 8:00 a.m. through 5!00 p.m. Monday through Friday and Overtime as needed. Hours of Service fromA-aa a.m, until 5:00 p.m. 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 2. 03/28/03 7E7-1 600/kOO d 6ZZ-1 I61ZrYEZ0d -wo14 06040 5Q-IF-SEW P.06/09 b 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 RESPONSIBILITIES Base Fee 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 $129,126 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 cast-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 feeds will accrue based on current U.S. treasury borrowing rates. 3 03R8/03 VF.9-4 RHARR'd RZZ-1 ,1B1Z44EZRZ -moaj AWN 50-1£-Jew MRR-31-2005 06:59 US CHP LA FIELD OFFICE 562 980 3359 P.07i09 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 be subject to a 120-day termination notice. The Customs and Border Protection Bureau reserves the right to update the facilities standards as necessary. Securer 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 sowers, data cabling, and connectivity to the Customs and Border Protection National Data Center. The Office of Information and Technology (OM 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 01T 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 4 tl3/2B/03 ' YEh-d 900/999'd 6ZZ-1 l61Z99E161 _waj we0F19 50-1E-��"1 MAR-31-2005 09:00 US CBP LA FIELD OFFICE 562 980 ss59 r.ea/viy ,i 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 i 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.(N,J�4M 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. AUTHORIZATION (two copies with original signatures are required) Agreement to these terms is ;attested by the signatures below; „- - DATE: City Manager, City of Pal Ings Palm Springs International Airport -�"� " DATE; r / Ro/byertC. Bonner, Commissioner Customs and Border Protection ATTEST; CITY OF PALM SPRINGS, CALIFORNIA Iffy Clerk - 03/28/03 40_4 800/100'd 622-1 I810VENZ -moaj me0t,10 50-1E-ieYl ring-of-de�a by00 US CBP LA FIELD OFFICE 562 980 3359 P.09/09 u G 214 K14 t-7. "_7 i ) d 1 � a C.y e5 �E `alfll'.� a d Ii TOTAL P.09