Broward County Commission Regular Meeting


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AI-27181 6.       
Meeting Date: 08/14/2018  
Director's Name: Mark Gale
Department: Aviation Division: Security

Information
Requested Action
A. MOTION TO APPROVE Other Transaction Agreement No. 70T01018T9NCKP106 with the Transportation Security Administration for payment to Broward County of certain electrical consumption and janitorial costs associated with security operations at Broward County's Fort Lauderdale-Hollywood International Airport, with a one year term commencing on September 1, 2018 and four automatic one year renewals; and authorize the Mayor and Clerk to execute same.

ACTION:  (T-10:33 AM)  Approved.
 
VOTE: 9-0.

B. MOTION TO AUTHORIZE Aviation Director to execute future amendments to Other Transaction Agreement No. 70T01018T9NCKP106.

ACTION:  (T-10:33 AM)  Approved.
 
VOTE: 9-0.
Why Action is Necessary
Motions A and B: The Broward County Board of County Commissioners (“Board”) must approve all agreements and associated actions.
What Action Accomplishes
Motion A: Approves Other Transaction Agreement No. 70T01018T9NCKP106 with the Transportation Security Administration for payment to Broward County of certain electrical consumption and janitorial costs associated with security operations at Broward County's Fort Lauderdale-Hollywood International Airport ("FLL").

Motion B: Authorizes the Aviation Director to execute future amendments to Other Transaction Agreement No. 70T01018T9NCKP106.
Is this Action Goal Related
Previous Action Taken
None.
Summary Explanation/Background
THE AVIATION DEPARTMENT RECOMMENDS APPROVAL OF THE ABOVE MOTIONS.

Motion A
On August 25, 2009 (Item No. 2), the Board approved an agreement with the Transportation Security Administration (“TSA”) for payment to Broward County (“County”) of certain electrical consumption and janitorial costs associated with security operations at Broward County's Fort Lauderdale-Hollywood International Airport (“FLL”). Upon the expiration of such agreement, on August 13, 2013, Item No. 8, the Board approved a similar agreement, which is now expiring.

This action approves Other Transaction Agreement No. 70T01018T9NCKP106 (“Agreement”) with the TSA for payment to the County of certain electrical consumption and janitorial costs associated with security operations at FLL.

For year one, the estimated electrical consumption based on hours of usage and rates is in the amount of $112,773. The cost of electrical consumption of the security equipment is estimated because none of the security facilities operate on dedicated meters. For year one, the janitorial costs based on actual square footage of the security screening areas is in the amount of $453,344. This rate was developed based on the rates currently specified in Chapter 39 of the Broward County Administrative Code. Although the above costs include estimates, both BCAD and TSA staff have mutually agreed to the total cost in the amount of $566,117 for the first year of the Agreement. This rate will stay the same for years two through five unless the parties amend the Agreement, with the Director of Aviation signing on behalf of the County.

The Agreement will be effective on September 1, 2018, with a one year term, and includes four automatic annual renewals, which are subject to the availability of appropriated funds.

Of note, Article XI, Limitations on Liability, among other things, states that each party shall be solely and exclusively liable for the acts or omissions of its own agents and/or employees and limits damages to direct damages not to exceed the aggregate outstanding amount of funding obligated under the Agreement at the time the dispute arises. Article XII, Disputes, sets forth a dispute process and states that the TSA Assistant Administrator for Acquisition’s decision shall be final and not subject to further judicial or administrative review and shall be enforceable and binding upon the parties. Article XIX, Governing Law, states that federal law governs the Agreement.

This Agreement has been reviewed by the Office of the County Attorney and approved as to form. However, this Agreement does not include the County's standard agreement provisions because the TSA requires the County to use its standard form agreement.

Motion B
Due to the continued growth and planned expansion at FLL, the Broward County Aviation Department (“BCAD”) anticipates modifications to the Agreement as space is adjusted or rates are changed. This action authorizes the Director of Aviation to execute any future amendments to the Agreement, including (1) when TSA deems it desirable to increase or decrease equipment, space, or hours of operations, as needed, to conduct its passenger and baggage screening operations; or (2) BCAD deems it desirable to adjust utility rates or janitorial services rates.
Source of Additional Information
Mark E. Gale, A. A. E., CEO/Director of Aviation Department, (954) 359-6199

Fiscal Impact
Fiscal Impact/Cost Summary:
The total estimated payment from the TSA to Broward County for electrical consumption and janitorial services for the first year of the OTA is $566,117. This is about $91,000 more than was included in the Fiscal Year 2019 budget as the budget was completed prior to this calculation being finalized. This rate will stay the same for years two through five unless the Parties amend the Agreement, with the Director of Aviation signing on behalf of the County.
Attachments
Exhibit 1 - Agreement Summary
Exhibit 2 - Other Transaction Agreement


    

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