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Cruise guests, port users and tenants can expect increased traffic congestion on the following dates:
Motorists should allow for extra travel time and are encouraged to use the port entrances located at Federal Hwy (US1) / State Road 84 and I-595/Eller Dr or use the Convention Center Connector to reach Cruise Terminals 2 and 4.
Item No. 401—Payment and Collection of Zone Charges.
Grantee maintains agreements with various FTZ Users, FTZ Operators, and Subzone Operators. Unless specifically described to the contrary in an FTZ User Agreement, FTZ Operator Agreement, Subzone Operator Agreement, or other written agreement with Grantee, the rules and regulations contained in this Tariff shall govern the use of the Zone and payment and collection of all charges incurred in connection therewith.
Item No. 402—Bond Requirements.
(a) FTZ Users shall, at their sole expense, provide to Grantee, and keep in continuous force and effect during any operations within the Zone, an indemnity bond in an amount set by Grantee’s Operator in the applicable FTZ User Agreement. The bond shall be written in Grantee’s name to protect and indemnify Grantee for any loss it sustains or expense that it incurs due to an FTZ User’s failure to comply with the laws, rules, or regulations of CBP, including, but not limited to, the payment of duties, charges, fines, penalties, and liquidated damages.
(b) Grantee’s Operator reserves the right to increase the required amount of an indemnity bond if it determines that such adjustments are necessary to protect Grantee, including, but not limited to, a need arising from an FTZ User’s: (i) failure to comply with the laws, rules, or regulations of CBP; (ii) maintenance of inventory with unusually high risk; (iii) failure to maintain accurate inventory records; or (iv) change in the type of its warehousing operations (e.g., from nonpublic to public).
(c) All bonds must be obtained from a surety company acceptable to Grantee’s Operator and be in a form satisfactory to the Office of the County Attorney. Copies of approved bond forms are available from the Business Development Division of Grantee’s Operator.
Item No. 403—Indemnification of Grantee.
Each FTZ User, FTZ Operator, and Subzone Operator shall protect, indemnify, and hold harmless Grantee and its current, past, and future employees, officers, directors, and agents from any and all losses, liabilities, costs, claims, charges, demands, expenses, penalties, and damages including, but not limited to, reasonable attorneys’ fees, penalties, and damages imposed for the violation of any law of the United States of America, the State of Florida, or the ordinances or resolutions of local jurisdictions governing the applicable FTZ User, FTZ Operator, or Subzone Operator, including to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the FTZ User, FTZ Operator, or Subzone Operator. The provisions of this indemnity shall apply equally as well to all liabilities, obligations, claims, damages, penalties, causes of action, costs, and expenses (including reasonable attorneys’ fees), imposed upon or incurred by Grantee by reason of the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund) 42 U.S.C. § 9601, et seq., and/or Superfund Amendments and Reauthorization Act of 1986 (SARA), as may be amended. If any action or proceeding is brought against Grantee by reason of any matter subject to this section, the FTZ User, FTZ Operator, or Subzone Operator shall, upon written notice from Grantee’s Operator, defend such action or proceeding by counsel approved by the Office of the County Attorney.
Item No. 404—Insurance.
Fire and Casualty:
(a) FTZ Users, FTZ Operators, and Subzone Operators, each at their sole cost and expense, may elect to provide and maintain fire and casualty coverage for personal property (such as merchandise, cargo, contents) stored within their premises and/or their Activated Area(s).
(b) FTZ Users, FTZ Operators, and Subzone Operators entering or operating on Grantee’s property shall provide the following minimum coverage and limits:
(1) Commercial General Liability:
Bodily injury and property damage: $1,000,000 per occurrence
(2) Business Automobile Liability:
Combined single limit for bodily injury and property damage: $500,000 per occurrence
(3) Workers’ Compensation:
Coverage shall be in accordance with Chapter 440, Florida Statutes, and policy must include Employers’ Liability coverage.
(c) All required coverage must remain in continuous force and effect throughout the period during which the FTZ User, FTZ Operator, or Subzone Operator enters, remains, or operates on Grantee’s property. The commercial general liability policy must include “Broward County” as a listed and endorsed additional insured. The Certificate Holder address shall read, “Broward County.”
(d) Unless stated to the contrary in a written agreement with Grantee, all FTZ Users, FTZ Operators, and Subzone Operators shall comply with the insurance requirements set forth in this item, shall bear the sole cost of providing said coverage, and shall be responsible for any policy deductibles.
Item No. 405—Limitations to Grantee Liability.
(a) The risk of loss and damage to personal property, including, but not limited to, cargo, commodities, and equipment, that has been stored at or moved within the Zone shall be borne solely by the FTZ User, FTZ Operator, or Subzone Operator, as applicable, or the owner of such property. Grantee has no liability or responsibility for any loss or damage to such personal property arising from any act or omission of any FTZ User, FTZ Operator, or Subzone Operator, or any owner, employee, or representative thereof. Furthermore, Grantee has no liability or responsibility for any loss or damage to personal property within the Zone relating to an Uncontrollable Force. The term “Uncontrollable Force” shall mean any event that results in the prevention or delay of performance by Grantee or Grantee’s Operator due to forces beyond the reasonable control of Grantee or Grantee’s Operator, and includes, without limitation, fire, earthquake, hurricane, tornado, storm, lightning, epidemic, pandemic, war, riot, civil disturbance, sabotage, transportation security incident, and governmental action.
(b) All FTZ Users, FTZ Operators, and Subzone Operators, at all times during their use or occupancy of the Zone, assume sole responsibility for the condition of the Activated Areas, and Grantee shall not be liable for injury or damage caused by the condition thereof or any defect therein, whether such injury or damage is to property or person.
(c) Nothing herein is intended to serve as a waiver of sovereign immunity by Grantee or Grantee’s Operator, nor shall anything included herein be construed as consent by Grantee or Grantee’s Operator to be sued by third parties in any matter related to this Tariff.
Item No. 406—FTZ User Fees.
Unless specifically described to the contrary in an FTZ User Agreement, the fees and charges for FTZ Users shall be:
(a) FTZ Transaction Fee: An FTZ Transaction Fee of thirty-eight dollars and thirty-seven cents ($38.37) will be charged to an FTZ User for each Transaction. A “Transaction” means each time the FTZ Operator processes a permit required by CBP that authorizes the movement of the FTZ User’s merchandise in or out of the Zone or that authorizes any other CBP-controlled activity involving the FTZ User’s merchandise within the Zone.
(b) FTZ User Application Fee: An Application Fee of ten thousand five hundred dollars ($10,500.00) will be charged upon initial application to be an FTZ User. This fee was referred to as an “Activation Fee” prior to October 1, 2022. References to an “Activation Fee” in an FTZ User Agreement with reference to the fee for an initial application to be an FTZ User are deemed to refer to the FTZ User Application Fee as set forth in this item.
(c) FTZ User Alteration Request Fee: An Alteration Request Fee of two thousand five hundred dollars ($2,500.00) will be charged each time an existing FTZ User requests an alteration of the Zone site to include a new area or facility. An alteration is defined as any change in the dimensions of the active space secured for Zone activity. This fee was referred to as an “Activation Fee” prior to October 1, 2022. References to an “Activation Fee” in an FTZ User Agreement, FTZ Operator Agreement, or Subzone Operator Agreement with reference to the fee charged to an existing FTZ User requesting an alteration are deemed to refer to the FTZ User Alteration Request Fee as set forth in this item.
(d) Error Correction and Research Fee: If Grantee’s Operator must research, correct, or reprocess a formerly processed transaction in order to remedy any FTZ User’s inaccuracy, the applicable FTZ User will be charged a fee for the utilization of Grantee’s Operator’s personnel at the rate of forty-six dollars and thirty-five cents ($46.35) per personnel hour or fraction thereof.
Item No. 407—FTZ Operator and Subzone Operator Fees.
FTZ Operators and Subzone Operators shall be charged fees by Grantee as follows:
(a) FTZ Operator Fees:
(b) Subzone Operator Fees:
Item No. 408—Zone Personnel - Overtime Rate.
If Grantee’s Operator’s personnel must remain on duty to perform services after normal business hours, the FTZ User, FTZ Operator, or Subzone Operator prompting such overtime will be charged forty-six dollars and thirty-five cents ($46.35) per personnel hour or fraction thereof (any fraction will be rounded up to one hour).
