Item C11M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
The Florida. Ke Se
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Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
May 17, 2017
Agenda Item Number: C.11
Agenda Item Summary #2931
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Donald DeGraw (305) 809 -5200
none
AGENDA ITEM WORDING: Approval to enter into a non - exclusive five (5) year Retail Vending
Machine Concession Agreement with Refreshment Service Pepsi to provide two (2) beverage
vending machines at the Key West International Airport; 10% of gross revenues generated from the
vending machines will be paid to the Airport on a quarterly in arrears basis.
ITEM BACKGROUND: On December 7, 2016 the County issued an RFP for vending machine
service providers. The bid opening was held on January 25, 2017 and there were no respondents.
Pursuant to county purchasing policy and procedures staff requested approval to contact possible
vendors through letters of interest and negotiate with those vendors indicating an interest in
providing the services.
PREVIOUS RELEVANT BOCC ACTION: On January 20, 2016, the BOCC approved the bid
solicitation for Vending Machine Concession services at the Key West International Airport and the
Florida Keys Marathon International Airport. At the bid opening on there were no respondents. On
February 15, 2017, the BOCC authorized staff to contact possible vendors through letters of interest
and negotiate with vendors who indicated interest in providing the services.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Refreshment Services Pepsi
FINANCIAL IMPACT:
Effective Date: 06/01/2017
Expiration Date: 05/31/2022
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: Yes
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount: approx. $750.00 /yr.
I to] XTAi Do 1111"
Beth Leto
Completed
04/26/2017 11:13 AM
Donald DeGraw
Completed
04/26/2017 11:35 AM
Pedro Mercado
Completed
04/26/2017 4:03 PM
Budget and Finance
Completed
04/28/2017 10:12 AM
Maria Slavik
Completed
04/28/2017 10:35 AM
Kathy Peters
Completed
05/01/2017 10:56 AM
Board of County Commissioners
Pending
05/17/2017 9:00 AM
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TAIL, VENDING MACHINE CONCESSION AGREEMENT
AT KEY VEST INTERNATIONAL, AIRPORT
MONROECOUNTY
REFRESHMENT SERVICES PEPSI
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5, The Lessee agrees to furnish good, prompt and efficient service to meet all
demands for airport vending machine operations at the Airports. The operation must be open for
service 365 days per year, 24 hours per day.
6, No signs, on premises advertising, or awnings may be erected by the Lessee on
the premises or elsewhere at EYW unless they are approved by the Director of Airports in
writing. No exterior architectural changes may be made without the consent in writing of the
Airport Manager, whose consent will not be unreasonably withheld,
T If the vending machine operation or any part of the leased premises is injured or
damaged by any breaking, entering or vandalism of the vending machine operation, the Lessee
Must promptly make all the necessary repairs at his expense to restore the vending machine
operation and/or the premises to the condition immediately prior to the breaking, entering or
vandalism or the attempt to break or enter,
9. The Lessor does not make any representations or warranties regarding the
premises beyond those set forth in this agreement.
10, In the event the premises are partially damaged by fire, explosion, the elements,
the public enemy or other casualty, but not rendered untenable, then the premises will be
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agreement. Therefore, any failure by the County to enforce this paragraph, or evict the Lessee
from the Airport if the Lessee becomes uninsured or underinsured, is not a breach of any duty or
obligation owed to any specific member of the general public and cannot form the basis of any
County liability to a specific member of the general public or his/her dependents, or estate or
heirs.
12. Notwithstanding anything herein contained that may be, or appear to be, to the
contrary, it is expressly understood and agreed that the rights granted under this agreement are
nonexclusive and the Lessor herein reserves the right to grant similar privileges to another
Lessee or other Lessees on other parts of the Airport.
14. Lessor may enter upon the premises at any reasonable time, with advance notice,
for any purpose connected with the performance of the Lessor's obligations under this agreement
or in the exercise of its governmental functions,
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Agreement, Lessor and Lessee agree to reform the Agreement to replace any stricken provision
with a valid provision that comes as close as possible to the intent of the stricken provision.
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34. Other Use - Lessee shall not use or permit the use of the dernised premises or any
part thereof for any purpose or use other than an authorized by this agreement.
35. Paragraph headings herein are intended only to assist in
reading identification and are not in limitation or enlargement of the content of any paragraph,
36. Notices - Any notice of other communication from either party to the other
pursuant to this agreement is sufficiently given or communicated if sent by registered mail, with
proper postage and registration fees prepaid, addressed to the party for whom intended, at the
following addresses:
For Lessor:
Director of Airports
Key West International Airport
3491 S. Roosevelt Blvd.
Key West, FL, 33050
For Lessee:
Refreshment Services Pepsi
Jason Murphy, Sales Manager
5510 MacDonald Ave,
Key West, Fl. 33040
or to such other address as the party being given such notice shall from time to time designate to
the other by notice given in accordance herewith.
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pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and
usual and customary procedures required by the circuit court of Monroe County.
39. AIRPORT SECURITY,
b) Airport Tenant Defined. An airport tenant means any person, entity, organization,
partnership, corporation, or other legal association that has an agreement with the airport
operator to conduct business on airport property. The term also includes an airport tenant as
defined in 49 CFR 1540.5. Each signatory to this Agreement, other than the airport operator, is
an airport tenant.
c) Airport Operator Defined. As used in this Agreement, airport operator means
Monroe County, Florida, its elected and appointed officers, and its employees.
d) Airport Property Defined, Airport property shall mean the property owned or leased
by, or being lawfully used by, the airport operator for civil aviation and airport-related
purposes. For purposes of this Agreement, airport property is the property generally referred to
as the Key West Airport, the Marathon Airport, or both as may be set forth in this Agreement.
e) Inspection Authority. The airport tenant agrees to allow Transportation Security
Administration (TSA) authorized personnel, at any time or any place, to make inspections or
tests, including copying records, to determine compliance of the airport operator or airport
tenant with the applicable security requirements of Chapter 49, United States Code, and 49
CFR 1540, at seq.
0 Airport Security Program. The airport tenant agrees to become familiar, to the extent
permitted by the airport operator, with the Airport Security Program promulgated by the airport
operator and approved by TSA, and also agrees to conform its' operations and business
activities to the requirements of the Airport Security Program.
M Tenant Security Program. If permitted under TSA regulations, the airport tenant may
voluntarily undertake to maintain an Airport Tenant Security Program as referred to in 49 CFR
1541113. If the airport tenant voluntarily promulgates an Airport Tenant Security Program
that is approved by TSA, such program, as may be amended and approved from time to time,
shall be automatically incorporated into this Agreement.
h) Breach of Agreement. Should TSA determine that the airport tenant or one or more
of the airport tenant's employees, agents, invitees, or licensees has committed an act or omitted
to act as required, and such act or omission is a violation which results in TSA imposing a civil
a
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(5), Survival of Sub-Section. This sub-section 39 h) shall survive the
cancellation or termination of this Agreement, and shall be in full force and effect.
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Im
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