THE AVIATION DEPARTMENT RECOMMENDS APPROVAL OF THE ABOVE MOTIONS.
Motion A
This action will approve a Registered Travelers Concession Agreement ("Concession Agreement") with CLEAR to operate a third party registered traveler passenger screening concession program and designated queue lines to the Transportation Security Administration ("TSA") security checkpoint lane(s) at FLL.
CLEAR is a commercially available technology platform that uses enrolled members biometrics to automate the manual travel document review process at airport passenger screening checkpoints. This technological solution offered by CLEAR minimizes passenger wait times and expedites the overall screening process, as this function is normally performed by a TSA officer. Dedicated CLEAR lanes enable its enrolled members to have their identity verified by fingerprint or iris scan and then move directly to metal detectors and bag scanners. CLEAR uses a patent-pending proprietary biometric platform to provide these services. The patent application covers a biometric solution that enables end-to-end access throughout an airport without producing ID or boarding pass information. CLEAR ensures that travelers are who they say they are, while ensuring the best possible airport customer experience.
CLEAR's airport services are SAFETY Act-certified by the U.S. Department of Homeland Security as "qualified anti-terrorism technology." CLEAR is the only company approved by the TSA to replace the travel document checker process at airport checkpoints. The basis for this approval is CLEAR's patented secure identity verification system. CLEAR's technology platform meets or exceeds the biometric hardware requirements established by the National Institute of Standards and Technology and is driven by a FedRAMP approved data management system.
On December 28, 2017, the Director of Purchasing recommended the approval of a sole source/sole brand designation, as no other company is providing this service. Sunshine negotiation meetings for the proposed Concession Agreement were held with CLEAR on the following dates: April 26, 2018; April 30, 2018, May 4, 2018; May 10, 2018; May 14, 2018; and May 17, 2018.
CLEAR will pay to the County a Privilege Fee which shall be the greater of 10% of monthly gross revenues or a Minimum Annual Guarantee ("MAG") in the amount of $120,000; to be adjusted annually by 85% of the prior year’s Privilege Fee paid. The Privilege Fee will never be less than the prior year's MAG. The Gross Revenue is the aggregate of all sales, charges, or other fees charged by CLEAR to all persons who enroll or renew a membership in the RT program and provide an address within the Catchment Area (defined as 100 miles in any direction from the boundaries of the Airport), regardless of when, where or how, the membership or renewal is sold, whether for cash or credit, without any deduction for credit card discounts or credit card services, whether the same shall be paid or unpaid. Gross Revenues shall also include all monies paid to CLEAR from all new enrollees who physically enroll in the RT Program at the Airport and do not reside in the Catchment Area, unless Clear demonstrates that such enrollees have an enrollment address within the catchment area of another entity or airport authority that has a valid contract with CLEAR for a RT program.
The proposed Concession Agreement commences on June 12, 2018, and terminates on June 11, 2021, with two options to renew, each for one additional year, at Broward County's sole discretion.
During negotiations, CLEAR indicated that currently there are approximately 24,000 enrollees in the FLL Catchment area. Based on the number of current enrollees in the FLL Catchment Area, the annual revenue to the County is estimated at $320,000 and the total anticipated revenue to the County during the term of this Agreement is $960,000.
Motion B
This proposed TBLA allows CLEAR to lease 364 square feet of Office space (Type 1) in Terminal 3, departure level. The TBLA shall commence on the effective date of June 12, 2018, and terminates on June 11, 2021, with two options to renew, each for one additional year. The TBLA term shall be concurrent with the Concession Agreement.
CLEAR will post a security deposit in the amount of $ 20,259 which is based on the estimated amount of three months rent.
The amount referenced in the agenda has been rounded to the nearest whole dollar. CLEAR payments will be based on the actual amount payable under the proposed TBLA. The Agreement Summary Sheet reflect the estimated amount payable.
The proposed Concession Agreement and TBLA have been reviewed as to form by the Office of the County Attorney and the Risk Management Division. Signature pages for the Concession Agreement and the TBLA will be forthcoming and will be noted in the Monday Night Memorandum.
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