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. |