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2nd Amendment & Renewal 07/15/2020 a41,, Kevin Madok, CPA a11` .„, Clerk of the Circuit Court&Comptroller— Monroe County, Florida d DATE: July 24, 2020 TO: Beth Lao, Airports Business Manager FROM: Pamela C. Hanco�ic .C. SUBJECT: July 15th BOCC Meeting Attached is an electronic copy of the following item for your handling: C34 Renewal and 2"Amendment to the Customs Service Agreement between Monroe County and the Marathon Jet Center renewing agreement for three years and adding language to the agreement that the Airport will be responsible for absorbing the cost difference increase from the flat rate salary to the new full cost recovery rate for the CBP Officer assigned to the Florida Keys Marathon International Airport. Should you have any questions please Ieel free to contact me at (305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 VNRWAL AND SECOND AMENDMENT TO CUSTOMS SERVICE AGREEMENT FLORIDA KEYS MARATHON AIRPORT MARATHON JET CENTER,INC. THIS RENEWAL AND SECOND AMENDMENT I.made and entered into this 15th day of July 2020 by and between Monroe County, a political subdivision of the State of Florida,whose address is 1100 Simonton Street,Key West,FL 33040,hereafter"County",and Marathon Jet Center, Inc., a Florida corporation, whose address is 8800 Overseas Highway, Marathon,FL 33050,hereafter"Provider". WITNESSETH: WHEREAS,the County owns property known as the Florida Keys Marathon Airport,located in Marathon,Monroe County,Florida,hereinafter referred to as"Airport";and WHEREAS,on the le day of April 2014 the County and Marathon Jet Center entered into an Agreement (hereafter Original Agreement) setting forth each party's responsibilities for the provision of Customs service at the Airport,as amended on March 23,2016;and WHEREAS,it was the intent of the parties that the established user fee would cover Customs Services operating expense;and WHEREAS, to remain compliant with regulations. Customs and Border Protection (CBP) recently changed from a flat rate salary to a Full Cost Recovery rate for the CBP Officer assigned to the Airport and WHEREAS,the County and the Provider wish to renew the agreement for the remaining one (1)additional period of three(3)years,with no increase in user fees,with the Airport absorbing the cost difference between the flat rate salary and the new NI cost recovery rate for the Customs Officer assigned to the Airport now therefore, IN CONSIDERATION of the mutual covenants,promises and premises herein contained, the patios hereto agree to amend the Original Agreement as follows: Section 1. Subparagraphs 4.f.,4.g. and 4.h. of the Original Agreement are amended to read as follows: 4. PROVIDER RESPONSIBILITIES E Maintain user fees at a rate sufficient to cover of the Customs Service operating expenses;however,Airport will absorb the cost difference between the original flat rate salary for the CBP Officer assigned to the Airport and the new full-cost recovery rate. 1 g. Every 3 months upon receipt of invoice from the County,Provider will reimburse the county for all operating and maintenance expenses incurred related to Customs service that occurred in that time period;however,the Airport will not invoice the difference between the original flat-rate salary for the CBP Officer assigned to the Airport and the new full-cost recovery rate which will be funded by the Airport. Operating expenses shall de defined as those services required and items used in the day to day operations of the Customs Service office and shall include,but not be limited to,office supplies, lavatory supplies, postage and postal supplies, phone service, janitorial service, etc. Maintenance expenses shall be those expenses incurred to maintain any of the infrastructure or any of the equipment constructed, erected or installed in the Customs Service leasehold and shall include, but not be limited to, the costs of computer maintenance and/or upgrade, HVAC maintenance, fixtures and fixed improvements maintenance,etc. h. At the end of the County's fiscal year,the Provider will reimburse the County in whole for any outstanding expenses that occurred over the preceding 12 month period and were not previously billed; except for the difference between the flat rate salary and the full cost recovery rate for the CBP Officer that will be funded by the Airport. Section 2. Article 6 of the Original Agreement is amended to read as follows: 6. TERM OF AGREEMENT This agreement is renewed for one (1) additional three (3) year period beginning April 20 ,2020 and ending on April 19 ,2023. Section 3. All other provisions of the April 16, 2014 original Customs Service Agreement as 1;;;.i d and not inconsistent herewith,shall remain in full force and effect. r.. !jig ESS WHEREOF,County and Provider have executed this Agreement on the day and . en above. BOARD OF COUNTY COMMISSIONERS >� VIN MADOK.CLERK OF MONROE COU TY,FLORIDA_ By VI�� By .v - as Deputy Clerk Mayor/Chairp rson r -„ 3 r`t W (E SFS: PROVIDER: Marathon Jet Center, hie: N 0 JJ b(�[ N Title:MAAM40J6 %4c-mJ EQ NROE CO ATTORNEY ROY FORM 2 ts P ASSI NTY ATTORNEY Date 6/29/20 A�OM CERTIFICATE OF LIABILITY INSURANCE DA'E�1&WW 2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). ACT PRODUCER AssurecPartners Aerospace Spencer Dibble 25548 Genesee Trail Road PRONE Em. 7207463251 iAx xo' 3035265303 Golden, CO 80401 .10a ADDRESS'. sdibbledairsure.com _ INSURERS)AFFORONDCOVERADE I MAC/ MAAEMA: Starr Indemnity 8 Liability Company I 38318 ISUREO MAKER a: Travelers Indemnity Company 25658 Marathon Aviation Associates, LLC,et al USURER c: OBE Insurance Corporation 39217 9850 Overseas Hwy Marathon, FL 33050 USURER 0: Commerce and Industry Insurance Company 19410 NWRER E' NARER F: COVERAGES CERTIFICATE NUMBER: 56459951 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IWR AOOL SOW POLICY ESE POLICY EW LTR TYPE OF INSURANCE plEp WVD POLICY NUMBER INEINYWYI,IMMDWYYYYI LAM A i I COMMERCIAL GENERAL LIABILITY 1 100023116303 4/1/2020 4/1/2021 EACH OCCURRENCE 25,000,000 DAMAGE TO REND EG CLAMS-MADE I OCCUR PREMISES(Ea omen) MED EXP(My one pe mnl 25.000 PERSONAL B ACV INJURY GENL AGGREGATE LIMIT APPLIES PER; GENERAL AGGREGATE RO- POLICY PECT LOC PRODUCTS-COMPIOP AGG OTHER'. i B Aurorioate Na1Lm - - V BA9278A68520HPR 4/10/2020 4/10/2021 COMBINED SINGLE LIMIT i 1,000.000 !Ea aCCiden1) —ANY AUTO - Sn Wa lT BODILY INJURY(Per pane) i OWNED — SCHEDULEDaccident)IAETM BODILY INJURY(Per accident) i AUTOS ONLY AUTOS • U NON-OWNED PROPERTY GE iATOS ONLY + T Y BY ( r/caet W W F���E 7/23/2020 $ UMBRELLA e OCCUR \Ir ` ' EACH OCCURRENCE S — EXCESSLlAS CLAIMS-MADE WAILS � y ��- AGGREGATE S ICED RETENTIONS ETFNTir� ,.,',y1` S C WORKERS COMPENSATION AWC0500246 4/10/2020 4/10/2021 J 2EATUTE ERN AND EMPLOYERS'LIABILITY YJN MIYPRORUETOLPARTNEREXECUTNE MJA E.L.EACH ACCIDENT S1,000,000 OFFICERMEMBEREXCLUDEOi (M.Mneryla NH) E.L.DISEASE-EA EMPLOYEE S 1.000000 11 pm,MFVMe under DESCRIPTION GE OPERATIONS below E.L.DISEASE E POLICY LIMIT i1,000,000 D Storage Tank Pollution Liability ,. FPL007511949 11/17/2019 11/17/2020 $1,000,000 Each Occurrence ' $2,000.000 Annual Aggregate $5,000 Deductible Each Loss DESCRIPTION OF OPERATORS I LOCATxWSI VEHICLES(ACORD 101,Addlo.aI Remarks Schedule,may be MMsd If more space Mnquired) Except for Workers Compensation/Employers Liabllry,the Certificate Holder is included as Additional Insured but only as respects operations of the Named Insured. We worn cover the Certificate Holder for claims arising out of their liability as manufacturer,seller,handler,distributor or service facility of any product or service sold,handled,distributed or provided. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVERED IN Insurance Compliance ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 10085-FX Duluth GA 30096 AUTHORIZED REP RESERTATIVE I Xerin Dodd j` • " ®19138.2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD sCNss1sl 120-21 Werk Comm I A,a , 4 toper-v GI I Spencer Lmele I 'VA22020 1.52;:2 P.m men I eagc 1fie I