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. |