Item K1
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BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor David Rice, District 4
Mayor Pro Tem Craig Cates, District 1
The Florida Keys
Michelle Coldiron, District 2
Vacant, District 3
Holly Merrill Raschein, District 5
County Commission Meeting
May 18, 2022
Agenda Item Number: K.1
Agenda Item Summary #10517
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Richard Strickland (305) 809-5200
N/A
AGENDA ITEM WORDING: Approval to rescind an Amendment to a 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 as previously approved by the BOCC on
June 17, 2020. CBP did not return an executed copy of the MOA for the County Official Records,
and instead provided a revised MOA form that the Director of Airports will sign in accordance with
Resolution 065-2015.
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 subject amendment was requested by CBP to
gh Sunday to Thursday through Monday,
with no change in number of service hours. CBP never returned an executed copy of the MOA for
the official records, and instead sent an updated MOA format that the Director of Airports signed in
accordance with Resolution 065-2015, which authorizes the Director of Airports to sign letters of
agreement and Memorandums of Understanding and other documents of a similar nature to maintain
routine operational requirements and procedures at the airports.
PREVIOUS RELEVANT BOCC ACTION: On June 17, 2020, the BOCC approved of the
Amendment to a Memorandum of Agreement (MOA) being rescinded, and on March 8, 2015, the
BOCC adopted Resolution No. 065-2015.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
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Marathon Airport (KMTH) - Revised Sponsor Review January 2022
!Res 065-2015 Auth Dir of Airports to sign docs
FINANCIAL IMPACT:
Effective Date: May 18, 2022
Expiration Date: N/A
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: No
Additional Details:
REVIEWED BY:
Beth Leto Completed 04/22/2022 12:33 PM
Richard Strickland Completed 04/22/2022 3:39 PM
Pedro Mercado Completed 04/22/2022 4:00 PM
Purchasing Completed 04/25/2022 3:11 PM
Budget and Finance Completed 05/02/2022 10:06 AM
Brian Bradley Completed 05/02/2022 10:15 AM
Lindsey Ballard Completed 05/02/2022 11:23 AM
Board of County Commissioners Pending 05/18/2022 9:00 AM
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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:
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Location:
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.
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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).
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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.
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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
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agreement 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:
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Hours of Service:
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
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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.
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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 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
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 are hereby terminated.
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AUTHORIZATION (Two copies with original signatures are required)
Agreement to these terms is attested by the signatures below.
Signature Date
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Executive Assistant Commissioner Signature Date
U.S. Customs and Border Protection
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