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RESOLUTION APPROVING FIVE MEMORANDA OF AGREEMENT BETWEEN MIAMI-DADE COUNTY AND UNITED STATES CUSTOMS AND BORDER PROTECTION (CBP) FOR COUNTY REIMBURSEMENT TO CBP OF ACTUAL COMMUNICATIONS AND INFORMATION TECHNOLOGY EQUIPMENT COSTS AND SERVICES AT THE DANTE B. FASCELL PORT OF MIAMI (PORTMIAMI) IN CONNECTION WITH THE CBP FACILITIES LOCATED AT CRUISE TERMINAL B, CRUISE TERMINAL C, CRUISE TERMINALS D AND E, CRUISE TERMINAL J, AND SHED E, FOR A ONE TIME ESTIMATED AMOUNT NOT TO EXCEED $1,756,912.49, AN ESTIMATED MAINTENANCE AND CIRCUIT ANNUAL RECURRING COST OF $134,953.49, AND ESTIMATED UPGRADE COSTS OF $50,000.00 ON AVERAGE PER YEAR; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE THE MEMORANDA OF AGREEMENT AND EXERCISE ALL COUNTY RIGHTS CONFERRED THEREIN

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WHEREAS, this Board desires to accomplish the purpose outlined in the accompanying memorandum, a copy of which is incorporated herein by reference,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:

Section 1. Approves the five Memoranda of Agreement (�MOA�) between the County and United States Customs and Border Protection (�CBP�), in substantially the form attached hereto and made a part hereof, for County reimbursement to CBP of actual communications and information technology equipment costs and services at the Dante B. Fascell Port of Miami (PortMiami) in connection with CBP facilities located at Cruise Terminal B, Cruise Terminal C, Cruise Terminals D and E, Cruise Terminal J, and Shed E, for a one-time amount not to exceed $1,756,912.49, estimated maintenance and circuit annual recurring costs of $134,953.49, and estimated upgrade costs of $50,000.00 on average per year.

Section 2. Authorizes the County Mayor or County Mayor�s designee to execute the Memoranda of Agreement, in substantially the form hereto and made a part hereof, and to exercise all rights conferred therein.

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Date:

To: Honorable Chairman Anthony Rodriguez
and Members, Board of County Commissioners

From: Daniella Levine Cava
Mayor

Subject: Resolution Approving and Authorizing the Execution of five Memoranda of Agreement between Miami-Dade County and the United States Customs and Border Protection for Reimbursement of Equipment, Services, Maintenance and Circuit Recurring Costs, and Upgrades for various PortMiami facilities.

STAFF RECOMMENDATION
Executive Summary
This item seeks approval of a resolution authorizing the County Mayor or the County Mayor�s designee to execute five Memoranda of Agreement (MOAs) between Miami-Dade County (County) and United States Customs and Border Protection (CBP) for the provision of communications and information technology infrastructure at the Dante B. Fascell Port of Miami (PortMiami or Port). The MOAs establish the County�s responsibility to reimburse CBP for certain equipment, installation, and recurring service costs necessary to support federal inspection operations at multiple cruise terminals.

PortMiami is one of America�s busiest seaports, internationally recognized as the Cruise Capital of the World and the Cargo Gateway of the Americas. It contributes more than $61 billion annually to the local and state economy and supports 340,078 direct, indirect, and induced jobs.

The Port�s cruise sector continues to reach unprecedented levels, setting new passenger records year after year. With 10 state-of-the-art cruise terminals and a growing roster of leading cruise lines deploying their largest and most innovative vessels, PortMiami operates at an exceptional pace, reinforcing its position as the undisputed global leader in the cruise industry.

Approval of this item will ensure the continued operation and reliability of CBP systems required to process the increased passenger volumes efficiently and maintain secure Port operations. The agreements also include provisions that allow for offsetting of County costs should federal funding become available.

Recommendation
It is recommended that the Board of County Commissioners (Board) adopt the accompanying resolution approving and authorizing the County Mayor or the County Mayor�s designee to execute five Memoranda of Agreement between the County and United States Customs and Border Protection, as attached. These MOAs provide for the County�s reimbursement to CBP for communications and information technology equipment, installation, and recurring service costs associated with CBP facilities PortMiami, including Cruise Terminals B, C, D and E, J, and Shed E. The total one-time cost shall not exceed $1,756,912.49, with estimated annual maintenance and circuit recurring costs of $134,953.49 and estimated annual upgrade costs of $50,000.00. See breakdown below.

Facility Equipment Costs (one-time) New Recurring Costs (annual)

Cruise Terminal - B $ 221,094.00 $ 3,040.00
Cruise Terminal - C $ 420,587.72 $ 43,975.67
Cruise Terminals - D&E $ 443,893.73 $ 27,657.48
Cruise Terminal - J $ 267,924.36 $ 27,062.86
Shed - E
$ 403,412.68
$ 33,217.48

Total $ 1,756,912.49
$ 134,953.49

Scope
PortMiami is located within District 5, which is represented by Commissioner Vicki L. Lopez. The impact of this agenda item is countywide as PortMiami is a regional asset and generates employment for residents throughout Miami-Dade County.

Delegated Authority
The accompanying resolution authorizes the County Mayor or the County Mayor�s designee to execute the MOAs and to exercise all rights contained therein, including rights of cancellation.

Fiscal Impact/Funding Source
The MOAs have a one-time cost of $1,756,912.49, to be funded through PortMiami bond proceeds. The MOAs also require the County to reimburse CBP for the new maintenance and circuit recurring costs estimated at $134,953.49 annually. The annual recurring cost will be funded from the Port�s annual operating budget. The MOAs also require the County to reimburse CBP for upgrades to the CBP equipment on a 5-to-7-year cycle, as determined by CBP. Any such upgrades will be funded from Port revenues, with an estimated average annual upgrade cost of $50,000.00 across all facilities. Because upgrades are estimated, the County�s costs may be higher in some years and lower in others. As with the other costs payable by the County under the MOAs, the County is responsible for reimbursing CBP�s actual costs.

Track Record/Monitor
The PortMiami staff members responsible for monitoring this agreement are Fred Wong, Deputy Port Director, and Helga Sommer, Assistant Port Director, Capital Development.

Background
As part of its ongoing partnership with CBP, PortMiami is committed to supporting the agency�s operational and technological infrastructure across multiple Port facilities. These memoranda establish PortMiami�s responsibility to reimburse CBP for the procurement, installation, and maintenance of communications and information technology (IT) equipment and services, in accordance with specifications set by the CBP Office of Information Technology (OIT). This obligation applies to Cruise Terminals B, C, D, E, and J, as well as Shed E. The requirements for entry into such an agreement with CBP stem from 8 U.S. Code � 1223(b), and 19 U.S. Code �� 1433(a), 1459(b), and 1467.

PortMiami will reimburse CBP for the actual costs of IT equipment and associated circuit infrastructure procured for use at these facilities, including annual recurring service charges. While CBP will retain possession and full control of this equipment for the duration of its operations at each site, PortMiami will not be responsible for costs related to maintenance or replacement of equipment covered under manufacturer warranties. Upon CBP�s departure from any facility, all reimbursed equipment and installed circuits will transfer to PortMiami ownership.

The memoranda also include stipulations stating that if the United States Congress changes the way the expenses outlined in the MOAs are funded and CBP is prohibited from seeking no-cost facilities and/or equipment from seaports, CBP shall release PortMiami from its future financial obligations under the MOAs and, instead, seek funding for such expenses through appropriate channels as prescribed by law. U.S. Representatives Laurel Lee (R � FL) and Marie Gluesenkamp Perez (D � WA) recently filed H.R. 4336, titled the �CBP Securing Ports and America�s Commerce and Economy Act�, which would, among other things, revoke CBP�s ability to require a seaport of entry to provide or maintain administrative, training, or recreational facilities at the Port of entry for purposes of facilitating inspection services of U.S. Customs and Border Protection. The bill would also provide a funding mechanism for such necessary facilities and resources.

These technology systems are essential for CBP to efficiently process the high volume of cruise passengers moving through PortMiami. Over the past three fiscal years, the Port has experienced substantial growth in cruise passenger traffic, rising from 7,299,294 passengers in FY2023 to 8,564,225 passengers in FY2025. Based on conservative estimates, passenger volumes could exceed 10 million within the next three years. Maintaining and supporting this infrastructure is critical to ensuring secure and efficient federal inspection operations at the Port.






Jimmy Morales
Chief Operating Officer