Broward County Commission Regular Meeting


Print

Return to the Search Page Return to the Agenda
AI-25022 4.       
Meeting Date: 08/22/2017  
Director's Name: Mark Gale
Department: Aviation Division: Business

Information
Requested Action
A. MOTION TO WAIVE Section 39.4, "Other Rates, Fees, and Charges and Collection," subsections (c) and (e) of Chapter 39, "Rates, Fees and Charges - Fort Lauderdale-Hollywood International Airport," of the Broward County Administrative Code, to waive the requirement to charge 18% interest on payments not made when due and the posting of a security deposit for the Terminal Building Lease Agreement between Broward County and the United States General Services Administration for the lease of space at Broward County's Fort Lauderdale-Hollywood International Airport.

ACTION:  (T-10:19 AM)  Approved.
 
VOTE: 9-0.

B. MOTION TO APPROVE Terminal Building Lease Agreement between Broward County, Florida, and the United States General Services Administration for the lease and use of office space by the Transportation Security Administration, at Broward County's Fort Lauderdale-Hollywood International Airport; effective on September 15, 2017 and terminating on the fifth annual anniversary of the effective date; and authorize the Mayor and Clerk to execute same.

ACTION:  (T-10:19 AM)  Approved.
 
VOTE: 9-0.
Why Action is Necessary
Motion A: The waiver of any provision of the Broward County Administrative Code requires the approval of the Broward County Board of County Commissioners.

Motion B: Chapter 2, Section 2-40 (a) of the Broward County Code of Ordinances, requires that the Broward County Board of County Commissioners ("Board") authorize any commercial activities or occupation of any portion of Broward County's Fort Lauderdale-Hollywood International Airport ("FLL").
What Action Accomplishes
Motion A: Waives Sections 39.4(c) and 39.4(e) of the Broward County Administrative Code which require 18% interest to be charged on late payments and the posting of a security deposit.

Motion B: Allows for the leasing of 14,122 square feet of office space in Terminals 1, 2, 3, and 4 to the United States General Services Administration ("GSA") in accordance with the provisions of the Terminal Building Lease Agreement ("TBLA") to be used by the Transportation Security Administration ("TSA") and establishes the payment of rent for the leased space.
Is this Action Goal Related
Previous Action Taken
None.
Summary Explanation/Background
THE AVIATION DEPARTMENT RECOMMENDS APPROVAL OF THE ABOVE MOTIONS.

Motion A
This action will allow for the waving of Sections 39.4(c) and (e) of Chapter 39 of the Broward County Administrative Code allowing for the nonpayment of interest and posting of a security deposit for this agreement.

Section 39.4(c) of the Broward County Administrative Code provides that interest, at the rate of 18% per annum, shall be charged on all payments that are not made when due under any permit, lease agreement, concession agreement, license agreement, field usage agreement, or other agreement with the County. This motion waives Section 39.4(c) because the federal Prompt Payment Act and Federal Acquisition Regulation (FAR) 32.9 governs interest that is payable by the federal agency.

Section 39.4(e) of the Broward County Administrative Code provides that security deposits under agreements between the County and businesses operating at the County's airports shall be established at not less than three months anticipated rentals, fees and charges, plus sales taxes. This motion waives Section 39.4(e) because the GSA, as a Federal entity, is not permitted to pay a security deposit pursuant to Federal Acquisition Regulation (FAR) 32.4.

Motion B
This action will allow GSA to lease space for utilization by TSA in all terminals at FLL in accordance with the provisions of the TBLA.

On December 4, 2012 (Item No. 2), the Board approved a U.S. Government Lease for Real Property (Current Lease), for the use of office space by TSA in Terminals 1, 2, 3, and 4 at FLL effective September 15, 2012 terminating on September 15, 2017. The TBLA provides for the leasing of 14,023 square feet of office space and establishes payment of rent.

The proposed TBLA allows GSA to lease 14,122 square feet (Type 1) space at the annual rate of $136 per square foot per annum, totaling $1,922,569 per year in Terminals 1, 2, 3 and 4. The TBLA shall commence on September 15, 2017 and shall terminate on the fifth annual anniversary of the commencement date of the effective date. The TBLA may be terminated at any time by the Board, the CEO/Director of Aviation or the Lessee, with or without cause, upon 30 calendar days prior written notice to the other party.

The proposed TBLA has the following deviations from the County's standard agreement provisions in Article VII, section 7.4, Article XII, section 12.1 and Article XVI, section 16.1:

a) Article VII, section 7.4 does not include the requirement that the Lessee must pay double rent while in holdover.  The Lessee will operate and be construed as a tenancy at sufferance, pursuant to Section 83.04, Florida Statutes, as amended.

b) Article XII, section 12.1 modifies insurance language to acknowledge that the County and GSA are self-insured governmental entities. The County is subject to the limitations of Section 768.28, Florida Statutes while GSA is subject to applicable Federal laws.

c) Article XVI, section 16.1 modifies the language for Law, Jurisdiction, Venue, Waiver of Jury Trial and ascertain that Jurisdiction is governed by the Federal Contract Dispute Act; to encourage prompt and equitable resolution of any litigation that may arise. 

The proposed TBLA has been reviewed and approved as to form by the Office of the County Attorney and the Risk Management Division. Pursuant to PBS Leasing Desk Guide, Section 17-41, the General Services Administration (GSA) Contracting Officer is the last authority for execution of a GSA Lease. The GSA Contracting Officer remains the exclusive agent of the Government with authority to enter into, and administer contracts. As such, the TBLA will be executed by the GSA subsequent to execution by the Mayor.
Source of Additional Information
Mark E Gale, A.A.E., CEO/Director of Aviation, 954-359-6199

Fiscal Impact
Fiscal Impact/Cost Summary:
The estimated annual rent for the proposed TBLA is $1,922,569, plus applicable taxes and will be adjusted according to changes for the rates established in Chapter 39 of the Broward County Administrative Code. 

TSA is current on all monies due to the County.
Attachments
Exhibit 1 - Agreement Summary
Exhibit 2 - Lease Agreement


    

Level double AA conformance,
                W3C WAI Web Content Accessibility Guidelines 2.0

AgendaQuick ©2005 - 2024 Destiny Software Inc. All Rights Reserved.