Item C12M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
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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.12
Agenda Item Summary #2950
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Donald DeGraw (305) 809 -5200
NONE
AGENDA ITEM WORDING: Approval of a five (5) year Lease Agreement with AVIATION
SECURITY MANAGEMENT, LLC (A -S Mgmt.) for office and storage space at the Key West
International Airport, effective July 1, 2017. A -S Mgmt. replaces VMD -MT Security as the TSA
passenger and baggage screening contractor at the Key West International Airport.
ITEM BACKGROUND: The TSA requested solicitations and recently awarded the passenger and
baggage screening contract at KWIA to Aviation Security Management, LLC. A -S Mgmt. will
occupy the same office and storage space that VMD -MT is vacating.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
A -S Mgmt.
FINANCIAL IMPACT:
Effective Date: 07/01/2017
Expiration Date: 06/30/2022
Total Dollar Value of Contract: $98,045.64
Total Cost to County: N/A
Current Year Portion:
Budgeted: Yes
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Beth Leto
Completed
05/02/2017 2:33 PM
Donald DeGraw
Completed
05/02/2017 3:06 PM
Pedro Mercado
Completed
05/02/2017 3:21 PM
Budget and Finance
Completed
05/02/2017 3:34 PM
Maria Slavik
Completed
05/02/2017 3:57 PM
Kathy Peters
Completed
05/02/2017 7:21 PM
Board of County Commissioners
Pending
05/17/2017 9:00 AM
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LEASE AGREEMENT
KEY WEST INTERNATIONAL AIRPORT
AVIATION SECURITY MANAGEMENT, LLC
This lease agreement is entered into this 17 day of May, 2017, by and between Monroe County, a
political subdivision of the State of Florida, whose address is Gato Building, 1100 Simonton Street, Key
West, FL 33040 (hereafter COUNTY, LESSOR or OWNER) and AVIATION SECURITY
MANAGEMENT, LLC., whose address is 17885 Fraley Boulevard, Suite 201, Dumfries, VA 22026
(hereafter A-S MGMT., TENANT or LESSEE).
IN CONSIDERATION of the mutual covenants, promises and premises herein contained, the
parties hereto agree as follows:
I. Premises. The LESSOR leases unto the LESSEE for its exclusive use office and
storage space as shown in exhibit "A" (attached) at the Key West International Airport, Key West,
Monroe County, Florida, as follows:
A. Private office space area of 1287 rentable square feet (the "Office Space").
B. Storage space area of 414 square feet (the "Storage Space")
2. Term. The above-described premises are leased to the Lessee for a term of five (5) years,
beginning July 1, 2017 and terminating on June 30, 2022.
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receipt of a dishonored instrument shall cure what would otherwise constitute a default under the terms of
this Lease. The COUFNTY, at its option, however, may refuse any proffered rental installment and
applicable late fees and penalties, declare a default, and proceed according to paragraph 12 of this Lease.
4. LESSOR's Covenants. The LESSOR hereby covenants and agrees with the LESSEE as
follows:
A. The LESSEE shall have reasonable ingress, egress and access privileges to the leased
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B. The LESSEE, on keeping the covenants and agreements by him herein contained, shall have
quiet and peaceful enjoyment of the demised premises without any interruptions by the LESSOR, or by
any person or persons claiming by, through or under it.
C. LESSOR shall be responsible for and shall properly maintain the building in which the
Premises are located, all common areas and all access and egress to the Premises, including but not
limited to all mechanical, electrical and building systems, roof, windows, and walls, in at least as good
condition as at the time of the commencement of this Lease.
5. LESSEE's Covenants. The LESSEE hereby covenants and agrees with the LESSOR as
follows:
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H. LESSEE expressly agrees for itself, its successors and assigns to prevent any use of the
Premises which would interfere with or adversely affect the operation or maintenance of the airport, or
otherwise constitute an airport hazard.
I. The Leased Premises and the Airport are subject to the terms of those certain Sponsor's
Assurances made to guarantee the public use of the Airport as incident to grant agreements between the
LESSOR and the United States of America as amended. The parties represent that none of the provisions
of this Lease violate any of the Sponsor's Assurance agreement; and
J. 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 Lease are exclusive only as to the
Premises and are with respect to the other areas of the Airport and the LESSOR herein reserves the right
to grant similar privileges to another lessee on other parts of the airport.
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10. 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 who intended, at the following addresses:
County Attorneys Office
I I I I 12' St Suite 408
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.
11. Insurance Requirements.
a. LESSEE will obtain or possess the following insurance coverage's and will provide Certificates
of Insurance to LESSOR to verify such coverage:
Vehicle Liability. Prior to LESSEE taking possession of the Premises governed by this Lease,
LESSEE shall purchase Vehicle Liability Insurance. Coverage shall be maintained throughout the
life of the Lease and include, as a minimum, liability coverage for:
e Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$500,000 per Person
$ 1,000,000 per Occurrence
$100,000 Property Damage
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All Risk Property Insurance. Prior to LESSEE taking possession of the Premises governed by
this Lease, LESSEE shall purchase All Risk Property Insurance with limits no less than the
Replacement Cost value of the Premises. Coverage shall be maintained throughout the life of this
Lease and include, as a minimum, coverage for:
Fire Lightning Vandalism
Sprinkler Leakage Sinkhole Collapse Falling Objects
Windstorm Smoke Explosion
Civil Commotion Aircraft and Vehicle Damage Flood
Workers' �Go I�ensatmn — LESSEE shall obtain Workers' Compensation Insurance with limits
sufficient to respond to Florida Statute 440
Emplo yers' Liability LESSEE shall obtain Employers' Liability Insurance with limits of not less
than: $100,000 Bodily Injury by Accident, $500,000 Bodily Injury by Disease, policy limits,
$ 100,000 Bodily Injury by Disease, each employee.
b. The Monroe County Board of County Commissioners will be included as "Additional Insured"
on all policies, except for Workers' Compensation, issued to satisfy the above requirements.
c. All insurance policies must specify that they are not subject to cancellation, non-renewal,
material change, or reduction in coverage unless a minimum of thirty days prior notification is
given to the LESSOR by the insurer.
d. The acceptance and/or approval of LESSEE's insurance shall not be construed as relieving
LESSEE from any liability or obligation assumed under this lease or imposed by law.
e. LESSEE shall maintain the required insurance throughout the entire Term of this Lease and any
extensions which may be entered into. The LESSOR, at its sole option, has the right to request a
certificate of insurance for any and all insurance policies required by this Lease. Failure to comply
with this provision shall be considered a default and the LESSOR may terminate the lease in
accordance with Paragraph 12.
f. Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and be approved
by Monroe County Risk Management.
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Premises and this Lease shall terminate. If it shall be necessary to employ the services of an attorney in
order to enforce its rights under this agreement, the LESSOR shall be entitled to reasonable attorney's
fees. Waiver of a default in any particular month shall not bind the LESSOR to forego the provisions of
this paragraph and any subsequent default shall be grounds for termination.
16. Binding Effect. The terms, covenants, conditions, and provisions of this Lease shall bind
and inure to the benefit of the LESSOR and LESSEE and their respective legal representatives,
successors, and assigns.
17. Authority. Each party represents and warrants to the other that the execution, delivery and
performance of this Lease have been duly authorized by all necessary County and corporate action, as
required by law.
18. Claims for Federal or State Aid. LESSEE and LESSOR agree that each shall be, and is,
empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Lease;
provided that all applications, requests, grant proposals, and funding solicitations shall be approved by
each party prior to submission.
19, Adjudication of Uisputes or Disa cements. LESSOR and LESSEE agree that all disputes
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and disagreements shall be attempted to be resolved by meet and confer sessions between representatives
of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer
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session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners.
If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the
right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This
paragraph does not apply where a default has occurred under the provisions of this Lease.
21. Covenant of No Interest. LESSOR and LESSEE covenant that neither presently has any
interest, and shall not acquire any interest, which would conflict in any manner or degree with its
performance under this Lease, and that the only interest of each is to perform and receive benefits as
recited in this Lease.
22. Code of Ethics. LESSOR agrees that officers and employees of the LESSOR recognize
and will be required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of
gifts; doing business with one's agency; unauthorized compensation; misuse of public position,
conflicting employment or contractual relationship; and disclosure or use of certain information.
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benefit of any service or program contemplated hereunder, and the LESSOR and the LESSEE agree that
neither the LESSOR nor the LESSEE or any agent, officer, or employee of either shall have the authority
to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or
entities, have entitlements or benefits under this Lease separate and apart, inferior to, or superior to the
community in general or for the purposes contemplated in this Lease.
29. No Personal Liability. No covenant or agreement contained herein shall be deemed to be a
covenant or agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall be liable
personally on this Lease or be subject to any personal liability or accountability by reason of the execution
of this lease.
35. 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
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mitigating, or taking of remedial measures as may be agreed to by TS A, to include but not be limited to
reasonable attorney's fees and costs incurred in the investigation, defense, mitigation, or taking of
remedial action measures. A violation resulting in the issuance of a letter or correction shall not be
considered to be a breach of this Agreement by the airport tenant,
(5). Survival of Sub-Section. This sub-section It shall survive the cancellation or
termination of this Agreement, and shall be in full force and effect.
36. Mutual Review. This Lease has been carefully reviewed by LESSEE and LESSOR,
therefore this Lease is not to be construed against either party on the basis of authorship.
IN WITNESS WHEREOF, the parties have caueed this lease to be executed the day and year first
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Mayor: Chairperson
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Attachment: A-S Mgmt. (2950: EYW 6 Approval of a Lease Agreemet with AVIATION SECURITY