Item C21 C.21
J �� BOARD OF COUNTY COMMISSIONERS
County of Monroe ire �f �r�l � � Mayor Heather Carruthers,District 3
The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District I
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
June 17, 2020
Agenda Item Number: C.21
Agenda Item Summary #6974
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Richard Strickland (305) 809-5200
No
AGENDA ITEM WORDING: Approval of Amendment to Memorandum of Agreement (MOA)
with U.S. Customs and Border Protection (CBP) for the User Fee Airport Program at the Florida
Keys Marathon International Airport to adjust the U.S. CBP Officer's weekly work schedule from
Wednesday through Sunday to Thursday through Monday; the Hours of Service, from 9:00 a.m.
until 5:30 p.m., will remain unchanged.
ITEM BACKGROUND: The Airport currently holds a MOA with U.S. CBP to designate the
location, facilities, and levels of service associated with the User Fee Airport Program established at
the Florida Keys Marathon International Airport. The requested change in the U.S. CBP Officer's
weekly work schedule is to better align U.S. CBP presence with those airport users seeking entry
services.
PREVIOUS RELEVANT BOCC ACTION: The BOCC approved the process of making a formal
request to the U.S. CBP to establish a User Fee customs facility at the Marathon Airport on June 16,
2010; approved the U.S. CBP MOA for a User Fee Airport Program at the Florida Keys Marathon
Airport on August 20, 2014.
CONTRACT/AGREEMENT CHANGES:
Effective July 1, 2020 the weekly work schedule will be Thursday through Monday with Hours of
Service from 9:00 a.m. until 5:30 p.m. All other terms of the agreement will remain in effect.
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
MTH CBP MOA AMENDMENT 41
FINANCIAL IMPACT:
Effective Date: July 1, 2020
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C.2't
Expiration Date: w/Notice of Termination— 120 Days
Total Dollar Value of Contract: -0-
Total Cost to County: -0-
Current Year Portion:
Budgeted: No
Source of Funds: NA
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required: No
Additional Details:
REVIEWED BY:
Beth Leto Completed 06/02/2020 2:37 PM
Richard Strickland Completed 06/02/2020 2:55 PM
Pedro Mercado Completed 06/02/2020 3:09 PM
Purchasing Completed 06/02/2020 3:12 PM
Budget and Finance Completed 06/02/2020 3:52 PM
Maria Slavik Completed 06/02/2020 4:19 PM
Kathy Peters Completed 06/02/2020 4:25 PM
Board of County Commissioners Pending 06/17/2020 9:00 AM
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AMENDMENT NO. 1
MEMORANDUM OF AGREEMENT
U.S. CUSTOMS AND BORDER PROTECTION
USER FEE AIRPORT PROGRAM
THIS AMENDMENT, entered into this 1st day of July; Two Thousand and Twenty, between
Monroe County as the Owner of the Marathon Airport hereinafter called the AIRPORT, and the
United States of America, acting by and through the U.S. Customs and Border Protection,
hereinafter called the U.S. CBP;
WHERAS, the AIRPORT currently holds a Memorandum of Agreement (MOA) with U.S. CBP to
designate the location, facilities, and levels of service associated with the User Fee Airport
Program established at the AIRPORT; and
WHEREAS, it is the desire of the parties to amend the U.S. CBP MOA defined weekly work
schedule to better align the U.S. CBP presence with those airport users seeking entry services.
NOW, THEREFORE, the parties hereto covenant and agree that the said MOA is hereby i
amended as follows without change in the terms and conditions specified therein unless otherwise
herein provided effective July 1, 2020:
CUSTOMS AND BORDER PROTECTION RESPONSIBILITIES section is hereby amended as
follows:
The Customs and Border Protection Bureau has determined that one full-time officer will be
required at this airport. Regular Customs and Border Protection services will be provided as
specified below. Any service provided outside these hours may be subject to overtime and/or LU
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 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 temporaryCL
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, 40 Hours
Hours of Service from 9:00 a.m. until 5:30 p.m. (30 min unpaid lunch)
In the absence of required inspectional services, Customs and Border Protection may assign
other duties to the officer at another location.
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Agreement to these terms is attested by the signatures below.
Mayor Signature Date
ATTEST: By:
Commissioner Signature Date
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U.S. Customs and Border Protection
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U. S. CUSTOMS AND BORDER PROTECTION
MEMORANDUM OF AGREEMENT
USER FEE AIRPORT 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 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.
Airport Name: Monroe County,Marathon Airport
Location: 9400 Overseas Hw2 ca
Marathon, Florida 33050
The above-named airport shall be considered to be the"person"using 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 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 and Border Protection office, if different from the location named above.
Same as above
CUSTOMS AND BORDER PROTECTION LOCATIONS DEFINED
Specify below any other locations (other than the airport itself) at which 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.
Marathon Airport, User Fee Facility
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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. If
applicable,an Agriculture Compliance Agreement must also be maintained.
CUSTOMS AND BORDER PROTECTION RESPONSIBILITIES
The Customs and Border Protection Bureau has determined that one full-time officer will be
required at this airport. Regular 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 airport
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: Weds thru Sun 40 Hours
Hours of Service from 9 a.m. until 5:30 p.m. (30 min unpaid lunch)
In the absence of required inspectional services, Customs and Border Protection may assign
other duties to the officer at another location.
EMERGENCY ADJUSTMENT TO LEVEL OF SERVICE
During circumstances that may arise, Customs and Border Protection reserves the 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.
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AIRPORT RESPONSIBILITIES
Base Fee
The airport agrees to pay the Customs and Border Protection Bureau for the full-year cost of
each officer. The base fee for each full-time officer is $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.
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.
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Additional Fees ca
The airport agrees to reimburse all travel, transportation,relocation, and per diem costs i
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. If authorized by law,
relocation costs may be incurred by the facility authority upon termination of the MOA by
either party.
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
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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 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 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.
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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 Field Office 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. Customs and Border Protection
reserves the right to update the facilities standards as necessary.
Secure space must be provided for the Customs and Border Protection officer 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 i
Customs and Border Protection has specific requirements for software, computers,printers,
file servers, data cabling, and connectivity to the Customs and Border Protection National
Data Center. The Office of Information and Technology(OIT) 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 officers 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 OIT 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 by the Port Director or
representative. Upgrades to the ADP equipment will be required on a schedule determined by
Customs and Border Protection(every 3 years). The airport 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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C.21.a'
SERVICE DATE
Service will begin on a date determined by 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. Customs and Border Protection will conduct an
annual review of this agreement to ensure that the requirements are being met. 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
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This agreement may be terminated by either party upon 120 days written notice. 7f any c�
amounts due Customs and Border Protection under the terns of this agreement are not paid
within 90 days of billing, the agreement will be automatically terminated. If national security, i
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 b the si= tares below.
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BOARD OF COUNTY COMMISSIO R
OF MONROE COUNTY, FLORIDA
SYLVIA J. MURPHY, MAYOR ,r- 14
N'Ord U'—Pnrt--AMTft0TiTT Signature bate �
ATTEST: ANY EEAVILIN, Clerk : By: , Deputy Clerk
Commissioner Date
U. S. Customs and Border Protection
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