Broward County Commission Regular Meeting


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AI-26584 70.       
Meeting Date: 06/12/2018  
Director's Name: Mark Gale
Department: Aviation Division: Business

Information
Requested Action
MOTION TO APPROVE License Agreement between Broward County and Verizon Wireless Personal Communications LP for the installation, operation, and maintenance of wireless personal communications service facilities at Broward County's Fort Lauderdale-Hollywood International Airport, with an effective date of when this Agreement is fully executed by both parties, and shall continue for a period of two years thereafter unless sooner terminated; and authorize the Mayor and Clerk to execute same.

(Per the Tuesday Morning Memorandum, signature pages have been received.)

(Transferred to the Consent Agenda.)

ACTION:  (T-10:24 AM)  Approved.
 
VOTE: 7-0.  Commissioners LaMarca and Ryan were not present.
Why Action is Necessary
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
Provides for the approval of a License Agreement with Verizon Wireless Personal Communications LP ("Verizon") to permit the use of a portion of FLL for the installation, operation and maintenance of wireless personal communication service facilities.
Is this Action Goal Related
Previous Action Taken
None.
Summary Explanation/Background
THE AVIATION DEPARTMENT RECOMMENDS APPROVAL OF THE ABOVE MOTION.

This action provides for the approval of a License Agreement with Verizon to permit the use of a portion of the Airport for the installation, operation and maintenance of wireless personal communication service facilities.

Verizon notified the Broward County Aviation Department ("BCAD") of its intention to construct and maintain the equipment necessary to maintain a wireless presence at FLL and requested a License Agreement. BCAD staff and the Office of the County Attorney negotiated and drafted a License Agreement for Verizon to review and execute.  Verizon returned the executed License Agreement which is being presented to the Board for approval. Verizon is proposing to construct a state of the art Distributed Antenna System ("DAS") for the estimated amount of $5 million.

The proposed License Agreement will be for a two year period, with an effective date of when the agreement is fully executed by both parties and terminating two years from the effective date, unless sooner terminated. In addition, the License Agreement may be terminated by either party for cause upon 30 days written notice. There is no provision for termination for convenience due to Verizon's initial investment in the installation of the DAS.

Verizon has posted a security deposit in the form of a Letter of Credit in the amount of $20,190 which is equal to one quarter of the Minimum Annual Guarantee ("MAG") for the first contract year.

The proposed License Agreement has been reviewed as to form by the Office of the County Attorney and the Risk Management Division. Signature pages for the License Agreement will be forthcoming and will be noted in the Monday Night Memorandum.
Source of Additional Information
Mark E. Gale, A.A.E, CEO/Director of Aviation, (954) 359-6199

Fiscal Impact
Fiscal Impact/Cost Summary:
For the use of Airport facilities Verizon will pay the County a Privilege Fee which shall be the greater of (1) the Deplaned Passenger Fee which is calculated by multiplying the actual number of deplaned passenger at the Airport during the Contract Year by the rate of $0.0065; or (2) the estimated MAG for each Contract Year which is as follows:

Contract Year One: $80,760
Contract Year Two: $83,183

The estimated MAG amount is adjusted by 3% for each Contract Year.
Attachments
Exhibit 1 - Agreement Summary
Exhibit 2 - License Agreement


    

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