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Item I9 �5 L9 r`, County of Monroe �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS County �a� Mayor Michelle Coldiron,District 2 �1 nff `ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting June 16, 2021 Agenda Item Number: I.9 Agenda Item Summary #3350 BULK ITEM: Yes DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Richard Strickland(305) 809-5200 N/A AGENDA ITEM WORDING: Approval of an In-Building Radio Distribution (IBRD) Agreement for a Multi Carrier Distributed Antenna System with Cellco Partnership d/b/a Verizon Wireless at the Key West International Airport. ITEM BACKGROUND: The Airport desires to improve coverage and continuity of service for wireless communications for passengers traveling through the Airport. Verizon will pay the Airport an initial rent of$3,000 per month for the non-exclusive right to install the IBRDs and a 5G system at the Airport. PREVIOUS RELEVANT BOCC ACTION: None. CONTRACT/AGREEMENT CHANGES: new 10 year agreement [5 year intial term plus one (1) automatic 5 year renewal] STAFF RECOMMENDATION: Approval. DOCUMENTATION: Verizon Wireless IBRD Antenna Agreement FINANCIAL IMPACT: Effective Date: First day of the month immediately following the date Verizon begins install of the IBRD system. Expiration Date: 10 years after effective date [5 year initial term plus one (1) 5 year automatic renewal]. Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Packet Pg. 1041 is Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Yes If yes, amount: Year 1: $36,000/yr. Grant: County Match: Insurance Required: Yes,prior to commencement of work Additional Details: REVIEWED BY: Beth Leto Completed 05/29/2021 4:17 PM Richard Strickland Skipped 06/01/2021 10:58 AM Pedro Mercado Completed 06/01/2021 11:08 AM Purchasing Completed 06/01/2021 11:13 AM Budget and Finance Completed 06/01/2021 11:17 AM Maria Slavik Completed 06/01/2021 11:42 AM Liz Yongue Completed 06/01/2021 12:33 PM Board of County Commissioners Pending 06/16/2021 9:00 AM Packet Pg. 1042 1.9.a Site Name/Number: Key West Airpord290658 IN-BUILDING RADIO DISTRIBUTION AGREEMENT FOR A MULTI CARRIER DISTRIBUTED ANTENNA SYSTEM Cellco Partnership d/b/a/Verizon Wireless MONROE COUNTY THIS AGREEMENT, hereinafter "Agreement" is made and entered into this 16th day of Tune ,2021 by and between MONROE COUNTY,a political subdivision of the State of Florida, whose address in 1100 Simonton Street, Key West,Florida 33040,hereinafter"County"or"Licensor" y and Cellco Partnership d/b/a Verizon Wireless with its principal offices at One Verizon Way, Mail Stop 4AW 100,Basking Ridge,New Jersey 07920 (telephone number 866-862-4404) ("Licensee"). Licensor and Licensee are at times collectively referred to hereinafter as the "Parties" or individually as the "Party" WHEREAS, Licensor desires to improve the coverage of service and continuity of service for �- wireless communications available to passengers traveling through the Key West International Airport y (the"Airport"); and WHEREAS, Licensor desires to improve the coverage of service and continuity of service for wireless communications for personnel performing airline and airport operational duties at the Airport during irregular times of activity; and , WHEREAS, Licensee desires to establish an IBRD comprised of microcell(s), rerad(s) or other similar or comparable in-building radio-distribution devices (the "IBRDs") together with a standalone 5g capable wireless network system (the "5G System") at the Airport that will enhance wireless service for Licensee's customers at the Airport; and WHEREAS, Licensor desires to grant to Licensee a non-exclusive right to install the IBRDs and the 5G System at the Airport; NOW, THEREFORE, in consideration of the premises and of mutual covenants and promises hereinafter contained,the parties hereto do hereby agree as follows: 1. License - Licensor hereby licenses to Licensee certain spaces on and within Licensor's building located at 3491 S. Roosevelt Boulevard, Key West, Florida 33040 (the "Building") for the installation of the IBRDs and the installation of antennae serving such IBRDs ("IBRD Antennae" together with the IBRDs and space for connecting cables, fibers or other related equipment shall mean the "IBRD System") together with the installation of the 5G System, and the use certain space within the Building for use as a base station room for placement of System equipment and space for cables, fibers or the equivalent connecting such IBRDs and IBRD Antennae to each other and to the base station room, whether through conduit or otherwise. In addition, the Licensor hereby licenses to Licensee certain space located at the Airport for the storage of Licensee equipment, as more particularly depicted in Exhibit B,attached hereto and incorporated herein(the"Storage Space"). Licensee reserves the right to enclose the Storage Space upon the written approval of Licensor, which approval shall not be unreasonably withheld,conditioned, or delayed. The IBRD System,the 5G System, and the connecting cables, fibers or equivalent and any other related equipment installed hereunder are the "System". The System components and design principles are described on Exhibit A attached hereto and incorporated herein by reference. Any microcells, cable runs or other aspects of the System installed by Licensee shall be for Licensee's and its sublicensees' use only. Licensee may replace and augment the IBRDs, 1 Packet Pg. 1043 1.9.a IBRD Antennae and other portions of the System with similar or comparable equipment and modify any frequencies upon which such equipment operates as needed to provide in-building coverage in keeping with the design principles in Exhibit A. Additionally, Licensee may upgrade the System and install(and permit its sublicensees to install) additional antennae on the roof of the Main Terminal and additional equipment in the base station room at Licensee's reasonable discretion, so long as Licensee provides Licensor prior written notice and Licensee obtains Licensor's prior approval as to the method of installation and access, which approval shall not to be unreasonably withheld, conditioned or delayed. In addition, Licensor shall allow Licensee and Licensee's service providers reasonable access to the common areas of the Building, electrical rooms, telephone and cable facilities, and other areas and y facilities of the Building in the specific areas set forth in Exhibit A,to install fiber and T-1 data circuits, along with a 20 amp circuit split out onto a 4 gang box,or functional equivalent needed for(i)the System to operate; and(ii) for the wireless phone, voice, video, and data services enhanced by the System to be provided to the backboard in the base station room to use Licensor's electrical services. Licensor may not charge Licensee any fee for installing the conduit, wiring, fiber provided for in the immediately preceding sentence. Except as expressly set forth herein, the Licensee may use the service providers it elects to perform such installation in its sole discretion. The space utilized by Licensee for the y installation of the System, and the Storage Space, as provided for herein shall be referred to herein as the "Premises". Licensee shall have exclusive use of the space within the Premises. The parties acknowledge that the Premises shall include any future terminals (the "Future Terminal") constructed by Licensor, and Licensee's rights to install the System within such Future Terminal is expressly N permitted hereunder, subject to Licensor's approval as to the design of the System in the Future Terminal which approval shall not be unreasonably withheld conditioned or delayed. Upon completion, Licensee shall be entitled to expand its system into all Future Terminals. W 2. Term - The initial term (the "Initial Term") of this Agreement shall be for five (5) E years, commencing on the first (1 st) day of the month immediately following the date upon which Licensee begins installation of the IBRD System(the"Commencement Date"), with one (1)automatic five (5) year renewal terms(each, a"Renewal Term" and together with the Initial Term, the "Term"), unless Licensee terminates it at the end of the Initial Term or any of the Renewal Terms, as applicable, by giving Licensor written notice of intent to terminate at least six (6) months prior to the end of the then-current term. CO 3. Rental and Fees—During the Term of the License,in consideration for the rights granted y herein to Licensee to install and operate the IBRD System,Licensee shall pay a license fee(the"License Fee") to Licensor in a total annual amount of($36,000.00), to be paid in equal monthly installments of 2 ($3,000.00). License Fee payments shall be made on the first day of the month, in advance,to Licensor at 3491 S. Roosevelt Boulevard, Key West, Florida 33040 or to such other person, firm, or place as Licensor may, from time to time, designate in writing at least thirty (30) days in advance of any license fee payment date by notice given in accordance with Paragraph 29 below. License Fee payments shall commence upon the Commencement Date (as defined below), but Licensee shall have up to 90 days from the Commencement Date (as defined above) to process and submit its initial payment to Licensor. Thereafter,payments shall be due on the first day of the month. Upon agreement of the Parties,Licensee may make the License Fee payments by electronic funds transfer, and in such event, Licensor agrees to provide to Licensee bank routing information for such purpose upon request of Licensee. Commencing on the first anniversary of the Commencement Date and on each anniversary thereafter during the term of this Agreement, the annual License Fee shall increase by an amount equal to two percent (2%) of the annual License Fee due for the immediately preceding license year. 2 Packet Pg. 1044 1.9.a Rent shall be paid in equal monthly installments, all of which shall be due and payable on or before the first day of each calendar month during which this Agreement is in effect. Upon the failure of Licensee to pay any installments when due, the County will be entitled to charge and collect, and Licensee will be obligated to pay, a late fee of twenty dollars ($20) or twenty percent(20%), whichever is greater of any such overdue amount. Such late fees will be in addition to the amount of rent due. The acceptance by the County of the overdue rental installment plus applicable late fees shall cure what would otherwise constitute a default by Licensee under the terms of this lease. In the event that any check, draft, or negotiable instrument by which Licensee has tendered any rent payment is returned to the County and not honored,whether for insufficient funds or other reason,the Licensor will be entitled y to charge and collect,in addition to any applicable late payment fees as provided above,a service charge of$25 if the face value does not exceed$50;$30 if the face value exceeds$50 but does not exceed$300; $40 if the face value exceeds $300; or 5 percent of the face value of the payment instrument, whichever is greater. Such fees and charges shall also be in addition to the amount of rent due. The acceptance by the County of the rental payment plus any applicable late fee and penalties following the receipt of a dishonored instrument shall cure what would otherwise constitute a default under the terms of this Agreement. y 4. Construction,Installation.Maintenance&Interference-All construction,installation and maintenance shall be performed by Licensee or its contractors in a safe manner consistent with current wireless industry engineering and construction standards and practices, lien-free. Licensee, with Licensor's cooperation as or if needed, shall obtain all required governmental and quasi-governmental permits, licenses, approvals, and authorizations. Licensee agrees to only install radio equipment of the type and frequency that will not cause measurable interference to the equipment of Licensor or other tenants of the Premises existing as of the date of this Agreement. Should Licensee's equipment cause measurable interference, and provided Licensor gives written notice, Licensee will take all steps E reasonably necessary to correct and eliminate the interference. Licensor agrees that it and/or any other tenant of the Premises (current or future) will install only such radio equipment that is of the type and frequency that will not cause measurable interference to the existing equipment of the Licensee. Should Licensor's or another tenant's equipment cause measurable interference with Licensee, and provided Licensee gives written notice to Licensor of it,Licensor will take all reasonable steps necessary to correct and eliminate the interference, including causing other tenants of the Premises causing such interference to correct and eliminate the interference. The Parties acknowledge that there will not be an adequate CO remedy at law for non-compliance with the provisions of this paragraph and therefore,either Party shall y have the right to specifically enforce the provisions of this paragraph in a court of competent jurisdiction. 5. Power — Licensor will supply electrical power in quality, quantity, and levels currently available at the Premises, and customary for the operation of similar Systems, at Licensor's cost. Notwithstanding the foregoing, no interruption or discontinuance of such electrical power will render Licensor liable to Licensee for damages or relieve Licensee of any of its obligations hereunder, except to the extent that such interruption or discontinuance results from the acts or omissions of Licensor. In the event, in Licensee's reasonable discretion, there are not sufficient electric, fiber and telephone utility sources located within the Premises or Licensee desires to install additional utilities for the benefit of the System,Licensor agrees to grant Licensee or the local utility provider the right to install such utilities on, over and/or under the Premises in locations as reasonably required by Licensee and/or the applicable local utility provider. Specifically, and without limiting the foregoing sentence, Licensor hereby acknowledges that Licensee may desire to install fiber service to connect to the System at some time during the term of this Agreement, and Licensor agrees that upon a written request from Licensee, if a utility trunk line with a width as reasonably required by Licensee and/or a local fiber provider is 3 Packet Pg. 1045 1.9.a available,Licensor will provide to Licensee,at no additional cost,an easement for the benefit of Licensee and/or a local fiber provider, granting the right to install such fiber within the available line. 6. Ownership & Control - The System is personal property of Licensee, and Licensee at all times owns and controls the System. Licensor shall inform any purchaser or mortgagee of the Premises of this Agreement. Licensor and Licensee agree that all equipment forming a part of the System, including,without limitation, all IBRDs, IBRD Antennae and cables, wires or equivalent connecting the same installed by or on behalf of Licensee, (a) shall be and remain the property of Licensee under all circumstances, under Licensee's exclusive control, free and clear of any liens or encumbrances other than those permitted by Licensee and (b) shall be deemed to be and remain personal property and not part of the real estate on which the same are located; Licensee shall have the right to remove all or any portion of the equipment forming a part of the System at any time during the term of this Agreement, whether or not said items are considered fixtures and attachments to real property under applicable laws. Upon expiration or within 90 days of any earlier termination, Licensee shall remove its equipment and restore the Premises to its original condition,reasonable wear and tear and casualty damage excepted. �- 7. Access — Upon prior notice, Licensor agrees to provide Licensee, its employees and/or agents access to the Premises twenty-four (24) hours a day, seven (7) days a week for the purpose of design, construction, installation, upgrading, maintenance and repair of the System, and testing of the radio frequency coverage of the area. 8. Installation and Operation. - Licensee covenants that it and all of its agents, servants, employees, and independent Licensees will use reasonable care and diligence in all of its activities and operations at the Airport. Licensee shall promptly repair any damage to the Airport property caused by Licensee or Licensee's agents or employees. 9. Other Development of Airport - The County reserves the right to further develop or improve the Airport as its sees fit, regardless of the desires or views of the Licensee, and without interference or hindrance; provided, County will take reasonable measure to advise Licensee of any proposed improvements that might reasonably affect Licensee's use of the Premises under this Agreement. 10. Terminal Area Planninp, - Licensee acknowledges that the County has Master Plans y including terminal area revisions. Licensee hereby agrees to cooperate, subject to the reimbursement provisions set forth below, to the fullest with the County, especially in those areas of terminal improvements which may at some time cause relocation of IBRD Antennae and supporting infrastructure. In such event,the County shall provide Licensee with a substitute area which the County, in its reasonable discretion and acting in good faith, determines to be equivalent to the portion of the , Premises or License Area surrendered including providing a similar level of services to the public. To the extent that any relocation required under this Section results in the relocation of the head end room or major system components(excluding nodes)of the System,then the County shall reimburse Licensee for all costs reasonably incurred by Licensee in moving its equipment to any substitute area at the Airport at the request of the County pursuant to this section. Licensee acknowledges and agrees that the foregoing reimbursement obligation shall not apply to any relocation of IBRD Antennae. The County will provide Licensee at least one hundred eighty (180) days written notice prior to any required relocation. 11. Licensee's Obligations - Licensee covenants and agrees: 4 Packet Pg. 1046 1.9.a (a) to pay the License Fee and other charges herein reserved at such times and places as the same are payable under this Agreement; (b) except for the initial improvements necessary for the installation of the Systems, and as otherwise provided herein, to make no alterations, additions or improvements to the Premises which would materially alter the Building without the prior written consent of Licensor, which consent shall be not be unreasonably withheld, conditioned, or delayed. Notwithstanding the foregoing, the County cannot condition its approval of alterations, additions, or improvements on the payment of additional fees for alterations, additions, or improvements to the System which do not result in Licensee using y additional space outside the Premises already licensed to Licensor as of the date of such alteration, addition, or improvement; (c) to keep and maintain the IBRD Antennae and supporting infrastructure in good condition, order and repair during the term of this Agreement; (d) to observe and comply with any and all requirements of the constituted public authorities and with all federal, state or local statutes, ordinances, regulations, and standards applicable to Licensee or its use of the Premises, including, but not limited to, rules and regulations promulgated from time to time by or at the direction of Licensor for administration of the Airport, provided such rules and regulations are promulgated and enforced in a reasonable and nondiscriminatory manner; (e) to pay increases in taxes assessed or imposed on the Building by any applicable governmental authority having taxing jurisdiction over the Building caused by the Licensee's installation and use of the System; and (f) to use commercially reasonable efforts to control the conduct,manner and appearance of its officers, agents, and employees, and, in the event of any reasonable objection from the Director of Airports concerning the conduct, manner, or appearance of such persons, Licensee shall take steps reasonably necessary to remove the cause of such objection. 12. Licensor's Inspection and Maintenance-Licensor and its authorized officers,employees, agents, Licensees, sublicensees and other representatives shall have the right to enter upon the Premises for the following purposes upon prior reasonable notice to Licensee: CO (a) to inspect and to determine whether Licensee has complied and is complying with the terms and conditions of this Agreement with respect thereto; or 0 (b) to perform essential maintenance,repair,relocation,or removal of existing underground and N overhead wires, pipes, drains, cables and conduits now located on or across the Premises, and to construct, maintain, repair, relocate and remove such facilities in the future if necessary to carry out the Master Plan of development of the Airport; provided, however, that said work shall in no event disrupt E or unduly interfere with the operations of Licensee permitted hereunder; and provided further, that the entire cost of such work, including but not limited to the cost of rebuilding, removing, relocating, protecting or otherwise modifying any fixed improvements at any time erected or installed in or upon the Premises by Licensor, Licensee or third parties, as a result of the exercise by Licensor of its rights hereunder,and the repair of all damage to such fixed improvements caused thereby,shall be borne solely by Licensor. 13. Indemnification/Hold Harmless-Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, Licensee shall defend, indemnify and hold the County and the 5 Packet Pg. 1047 1.9.a County's elected and appointed officers and employees harmless from and against(i)any claims,actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption,and(iii)any costs or expenses(including,without limitation,costs of remediation and costs of additional security measures that the Federal Aviation Administration, the Transportation Security Administration or any other governmental agency requires by reason of,or in connection with a violation of any federal law or regulation, attorney's fees and costs, court costs, fines and penalties) that may be asserted against, initiated with respect to, or sustained by, to the extent caused by (A) any activity of Licensee or any of its employees,agents,licensees or other invitees in violation of the Agreement during y the term of this Agreement; or (B) the negligence or willful misconduct of Licensee or any of its employees,agents,Licensees or other invitees. Insofar as the claims,actions,causes of action,litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this Section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. 14. General Insurance Requirements - Prior to the commencement of work governed by this y Agreement, the Licensee shall obtain, at his/her own expense, insurance as specified below. The Licensee will require any contractors or subcontractors to obtain and maintain substantially the same coverage as required of Licensee. The Licensee will not be permitted to commence work governed by this Agreement (including pre-staging of personnel and material) until a certificate of insurance reasonably satisfactory to the County evidencing the required insurance has been furnished to the County as specified below. W The Licensee shall maintain the required insurance throughout the entire term of this Agreement E and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all activities conducted by the Licensee until the required insurance has been reinstated or replaced. The Licensee shall provide, to the County, as reasonably satisfactory evidence of the required insurance, a Certificate of Insurance evidencing the required coverage. Upon receipt of notice from its insurer(s) Licensee shall provide the County with thirty(30) days prior written notice of cancellation of any required coverage. The acceptance and/or approval of the Licensee's insurance shall not be construed as relieving the Licensee from any liability or obligation assumed under this Agreement or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as"Additional Insured"as their interest may appear under this Agreement on all policies,except for Workers' Compensation. 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 approved by Monroe County Risk Management. a) Commercial General Liability Insurance with a limit of$2,000,000 per occurrence for bodily injury and property damage and $2,000,000 general aggregate including Premises-Operations,. Products and Completed Operations, Blanket Contractual Liability, Personal and Advertising Injury Liability and Expanded Definition of Property Damage. 6 Packet Pg. 1048 1.9.a b) Workers' Compensation - Prior to the commencement of work governed by this Agreement, the Licensee shall obtain Workers' Compensation Insurance in compliance with the statutory requirements of the state(s) of operation and Employers' Liability Insurance with limits of: $1,000,000 Bodily Injury by Accident, $1,000,000 Bodily Injury by Disease, policy limits, and $1,000,000 Bodily Injury by Disease, each employee. Coverage shall be maintained throughout the entire term of this Agreement and shall be provided by a company or companies authorized to transact business in the state of Florida. If the Licensee has been approved by the Florida's Department of Labor, as an authorized self- insurer, the County shall recognize and honor the Licensee's status. The Licensee may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Licensee's Excess Insurance Program. r If the Licensee participates in a self-insurance fund, a Letter of Self-Insurance will be required. a In addition, the Licensee may be required to submit updated financial statements from the fund upon request from the County. c) 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. d) Licensee shall carry fire and extended coverage insurance, if obtainable, on all fixed improvements erected by Licensee on the Premises to the full insurable value hereof,it being understood and agreed that for purposes hereof the term"full insurable value" shall be deemed to be that amount for which a prudent owner in like circumstances would insure similar property, but in no event an amount in excess of Licensee's original cost of constructing said fixed improvements. 15. Non-Discrimination - Licensee and County agree that there will be no discrimination against any person on the basis of race, color, national origin, or sex in performance of this Agreement, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination based on the foregoing has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Licensee and County _ agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352)which prohibits discrimination in employment on the basis of race, color, religion, sex,and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970(PL 91-616),as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s.3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The 7 Packet Pg. 1049 1.9.a Americans with Disabilities Act of 1990(42 USC s. 12101 Note),as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code, Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties hereto, or the subject matter of,this Agreement. 16. Rules and Regulations - Licensee agrees to observe and obey, during the term of this Agreement, all laws, ordinances, rules and regulations, as the same may be amended from time to time, y promulgated and enforced by the County and by any other proper authority having jurisdiction over the conduct of the operations at the Airport provided such rules and regulations are promulgated and enforced in a reasonable and nondiscriminatory manner. 17. United States' Requirements - This Agreement shall be subject and subordinate to the provisions of any existing or future agreement between the Licensor and the United States relative to the �- operation or maintenance of the Airport, and execution of which has been or may be required by the y provision of the Federal Airport Act of 1946, as amended, or any future act affecting the operation or maintenance of the Airport, provided, however, that Licensor shall, to the extent permitted by law, use its best efforts to cause any such agreement to include provisions protecting and preserving the rights of Licensee in and to the Premises and improvements thereon, and to compensation for the taking thereof, and payment for interference therewith and for damage thereto, caused by such agreement or by actions of the Licensor or the United States pursuant thereto. 18. Licensor's Covenants - The Licensor represents, warrants, covenants and agrees that: (a) Licensor is the lawful owner of the property demised hereby, that it has lawful possession thereof, and has good and lawful authority to execute this Agreement; and (b) throughout the term hereof Licensee may have, hold and enjoy peaceful and uninterrupted possession of the Premises and rights herein licensed and granted, subject to performance by Licensee of its obligations herein; (c) the Building is free of all lead-based paint, asbestos or other hazardous substances, as such CO Ch term may be defined under any applicable federal, state or local law. 19. Default by Licensee - If any of the following events occur,the Licensee shall be deemed to be in default of its obligations under the Agreement(a"Licensee Default"): N (a) if Licensee shall make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a petition or answer seeking its reorganization or the readjustment of its indebtedness under the Federal Bankruptcy Laws or any other similar law or statute of the United States E or any state, or government, or consent to the appointment of a receiver, trustee or liquidator of all or substantially all of the property of Licensee; (b) if any order or decree of a court of competent jurisdiction, Licensee shall be adjudged bankrupt, or an order shall be made approving a petition seeking its reorganization, or the readjustment of its indebtedness under the Federal Bankruptcy Laws of any law or statute of the United States or any state,territory, or possession thereof or under the law of any other state,nation,or government,provided, that if such judgment or order be stayed or vacated within ninety (90) days after the entry thereof, any notice of cancellation given shall be and become void and of no effect; 8 Packet Pg. 1050 1.9.a (c) if by or pursuant to any order or decree of any court or governmental authority,board,agency or officer having jurisdiction, a receiver, trustee or liquidator shall take possession or control of all or substantially all of the property of Licensee for the benefit of creditors, provided, that if such order or decree be stayed or vacated within sixty(60)days after the entry thereof or during such longer period in which Licensee diligently and in good faith contests the same, any notice of cancellation shall be and will become null, void and of no effect; (d) if Licensee fails to pay the rental charges or other money payments required by this instrument and such failure shall not be remedied within thirty(30) days following receipt by Licensee y of written demand from Licensor to do so; and (e) if Licensee defaults in fulfilling any of the terms, covenants, or conditions required of it hereunder and fails to remedy said default within thirty(30)days following receipt by Licensee of written demand from Licensor to do so, or if, by reason of the nature of such default, the same cannot be remedied within thirty (30) days following receipt by Licensee of written demand from Licensor to do �- so,then,if Licensee shall have failed to commence the remedying of such default within thirty(30)days y following such written notice, or having so commenced, shall fail thereafter to continue with diligence the curing thereof within one hundred twenty (120) days. 20. Remedies-In the event of Licensee Default,as set forth in Section 20 of this Agreement, without limiting the Licensor in the exercise of any right or remedy which the Licensor may have by a, reason of such default, Licensor may terminate this Agreement and/or pursue any remedy now or hereafter available to the Licensor under the Laws or judicial decisions of the state in which the Premises is located. Further, upon a Licensee Default, the Licensor may at its option (but without obligation to do so), perform the Licensee's duty or obligation. The costs and expenses of any such performance by the Licensor shall be due and payable by the Licensee upon invoice therefor. 21. Cancellation by Licensee - Licensee shall have the right upon written notice to Licensor, to cancel this Agreement in its entirety upon or after the happening of one or more of the following events, if said event or events is then continuing: (a) the issuance by any court of apparent competent jurisdiction of an injunction,order,or decree preventing or restraining the use by Licensee of all or any substantial part of the Premises or preventing CO or restraining the use of the Airport for usual airport purposes in its entirety,or the use of any part thereof which may be used by Licensee and which is necessary for Licensee's operations on the Airport, which remains in force unvacated or unstayed for a period of at least ninety (90) days; 0 (b) the default of Licensor in the performance of any of the terms, covenants or conditions required of it under this instrument and the failure of Licensor to cure such default within a period of thirty (30) days following receipt of written demand from Licensee to do so, except that if by reason of the nature of such default, the same cannot be cured within said thirty (30) days, then Licensee shall have the right to cancel if Licensor shall have failed to commence to remedy such default within said thirty (30) days following receipt of such written demand, or having so commenced, shall fail thereafter to continue with diligence the curing thereof within one hundred twenty(120) days; (c) the inability of Licensee to conduct its business at the Airport in substantially the same manner and to the same extent as theretofore conducted, for a period ninety(90)days, because of(i) any law, (ii)any rule, order,judgment,decree,regulation,or other action or non-action of any Governmental authority, board, agency or officer having jurisdiction thereof; 9 Packet Pg. 1051 1.9.a (d) if the fixed improvements placed upon the Premises are totally destroyed or so extensively damaged that it would be impracticable or uneconomical to restore the same to their previous condition as to which Licensee is the sole judge. In any such case, the proceeds of insurance, if any, payable by reason of such loss shall be apportioned between Licensor and Licensee, Licensor receiving the same proportion of such proceeds as the then expired portion of the lease term bears to the full term hereby granted, and Licensee receiving the balance thereof. If damage results from insurable cause and is only partial and such that the improvements comprising the System within the Premises can be restored to their prior condition within a reasonable time, as determined by Licensee in is sole discretion, then Licensee shall elect to restore the same with reasonable promptness, and shall be entitled to receive and y apply the proceeds of any insurance covering such loss to said restoration in which event this Agreement shall not be cancelled but shall continue in full force and effect; and in such case any excess thereof shall belong to Licensee. (e) in the event of destruction of all or a material portion of the Airport or the Airport facilities or in the event that any agency or instrumentality of the United States Government, or any state or local government occupies the Airport or a substantial part thereof, or in the event of military mobilization or y public emergency wherein there is a curtailment, either by executive decree or legislative action, of normal civilian traffic at the Airport or the use of airplanes by the general public, and any of said events results in material interference with Licensee's normal business operations or,continuing for a period in excess of fifteen(15) days; (f) in the event that at any time prior to or during the Term of this Agreement, Licensee's presently existing governmental approvals to operate at the Airport is denied, withdrawn, canceled, terminated, or not renewed by the governmental entity having jurisdiction over the Airport; (g) the taking of the whole or any part of the Premises by the exercise of any right of condemnation or eminent domain; (h) if at any time during the Term of this Agreement,the Airport or terminal building is removed to a place more than three (3) road miles in distance from its present location; and (i) if at any time Licensee desires to terminate the Agreement without cause, and provides thirty (30) days prior written notice to the County. CO 22. Licensee's Reserved Rights -Nothing contained in this Agreement shall limit or restrict in any way such lawful rights as Licensee may have now or in the future to maintain claims against the federal, state, or municipal government, or any department or agency thereof, or against any interstate body, commission or authority, or other public or private body exercising governmental powers, for damages or compensation by reason of the taking or occupation, by condemnation or otherwise, of all or a substantial part of the Premises, including fixed improvements thereon, or of all or a material part of the Airport with adverse effects upon Licensee's use and enjoyment of the Premises for the purposes hereinabove set forth; and Licensor hereby agrees to cooperate with Licensee in maintenance of any just claim of said nature, and to refrain from hindering, opposing, or obstructing the maintenance thereby by Licensee. 23. Assignment and Subletting - The premises may not be sublet, in whole or in part, and Licensee shall not assign this Agreement without prior written consent of Licensor, which shall not be unreasonably withheld,conditioned or delayed,nor permit any transfer by operation of law of Licensee's interest created hereby, other than by merger or consolidation. 10 Packet Pg. 1052 1.9.a 24. Other Use - Licensee shall not use or permit the use of the Premises or any part thereof for any purpose or use other than an authorized by this Agreement. 25. Liens - Licensee shall cause to be removed any and all liens of any nature arising out of or because of any construction performed by Licensee or any of its Licensees or sublicensees upon the Premises or arising out of or because of the performance of any work or labor upon or the furnishing of any materials for use at said premises, by or at the direction of Licensee. 26. Time - In computing Licensee's term within which to commence construction of any fixed improvements or to cure any default as required by this Agreement, there shall be excluded all delays due to strikes, lockouts, acts of God and the public enemy, or by order or direction or other interference by any municipal, State, Federal or other governmental department, board, or commission having jurisdiction, or other causes beyond Licensee's control. 27. Paragraph Headings - Paragraph headings herein are intended only to assist in reading identification and are not in limitation or enlargement of the content of any paragraph. 28. 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, or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender addressed to the party for whom intended, at the following addresses: 0) For Licensor: For Licensee: 2 County Administrator Cellco Partnership d/b/a Verizon Wireless 1100 Simonton Street Attn: Network Real Estate Key West, FL 33040 180 Washington Valley Road And Bedminster,New Jersey 07921 Director of Airports 3491 So. Roosevelt Blvd. Key West, FL 33040 And 0 N Monroe County Attorney's Office 1111 12th St., Suite 408 Key West, Fl. 33040 E 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. 29. Severability - If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions 11 Packet Pg. 1053 1.9.a of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The Licensor and Licensee 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. 30. Bindin Effect ffect-The terms,covenants,conditions,and provisions of this Agreement shall bind and inure to the benefit of the County and Licensee and their respective legal representatives, successors, and assigns 31. Authori - Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 32. Adjudication of Disputes or Disagreements- County and Licensee agree that all disputes whereby the County claims Licensee Default or otherwise raises an issue of Licensee's performance of a its obligations hereunder, 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 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. 33. Cooperation - In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Licensee agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Licensee specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 34. Code of Ethics - County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated CO 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. 0 35. No Solicitation/Pavment - The County and Licensee warrant that, in respect to itself, it °- has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission,percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Licensee agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 36. Public Records Compliance — For purposes of this Section, Licensee shall mean "Contractor". Contractor must comply with Florida public records laws, including but not limited to 12 Packet Pg. 1054 1.9.a Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to,and inspection of,all documents,records,papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119,Florida Statutes,and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall y survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract,the Contractor is required r to: (1) Keep and maintain public records that would be required by the County to perform the service. 0 (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost , that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall E immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470 13 Packet Pg. 1055 1.9.a BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040. 37. Non-Waiver of Immunity - Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Licensee in this Agreement and the acquisition of any commercial liability insurance coverage,self-insurance coverage,or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage,nor shall any y contract entered into by the County be required to contain any provision for waiver. 38. Privileges and Immunities - All of the privileges and immunities from liability, exemptions from laws,ordinances, and rules and pensions and relief,disability,workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such y functions and duties of such officers,agents,volunteers,or employees outside the territorial limits of the County. 39. Le ag 1 Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,nor shall it be construed as,relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered W in satisfaction of the obligation or responsibility. Further,this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except E to the extent permitted by the Florida constitution, state statute, and case law. 40. Non-Reliance by Non-Parties-No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Licensee agree that neither the County nor the Licensee 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 Agreement separate and apart, inferior to, or y superior to the community in general or for the purposes contemplated in this Agreement. 41. 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 County in his or her individual capacity, and no member, officer, agent or employee of County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 42. Mutual Review - This Agreement has been carefully reviewed by the Licensee and the County,therefore this Agreement is not to be construed against either party on the basis of authorship. 43. Licensor's Reserved Rights -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 Licensor herein reserves the right to grant similar privileges to another Licensee or other licensees on other parts of the Airport. 14 Packet Pg. 1056 1.9.a 44. Airport Security a) General. The federal Transportation Security Administration is the federal agency primarily responsible for overseeing the security measures utilized by the airport operator pursuant to the relevant provisions of Chapter 49, United States Code, and regulations adopted under the authority of the Code, including but not limited to 49 CFR 1540, et seq. Violations of the statutes or regulations may result in severe civil monetary penalties being assessed against the airport operator. It is the intent of the airport operator that the burdens and consequences of any security violations imposed upon the airport operator as a result of actions by an airport tenant or the airport tenant's employees, agents, invitees, or licensees y shall be borne by the airport tenant. 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. r c)Airport Operator Defined.As used in this Agreement,airport operator means Monroe County, a 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 International , Airport, the Florida Keys Marathon International 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, et seq. f)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. g) 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 1542.113. 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 E 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 penalty against the airport operator in accordance with TSA's Enforcement Sanction Guidance Policy, such determination and imposition of a civil penalty by TSA shall be considered a significant breach of this Agreement. (1). Minimum Violation. If the violation is the first or second violation attributed to the airport tenant and is a civil penalty "minimum violation" as provided for in TSA's Enforcement Sanction Guidance Policy, a copy of which is attached hereto as Exhibit C,the airport tenant may cure the breach 15 Packet Pg. 1057 1.9.a by paying to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, mitigating, compromising, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures. If the violation is a third violation, or there are multiple violations in excess of two violations, that is or are a civil penalty "minimum violation", the airport tenant shall pay to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, y compromising,mitigation, or taking of remedial action measures; and, further,the airport operator shall have the right to unilaterally cancel this Agreement,such cancellation to be effective thirty calendar days after receipt by the airport tenant of written notice of cancellation of this Agreement by the airport operator. (2). Moderate Violation. If the violation is the first or second violation attributed to the airport tenant and is a civil penalty "moderate violation" as provided for in TSA's Enforcement Sanction y Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport tenant may cause all of airport tenant's employees involved in the airport tenant's business operations on the airport property to undergo such security training as may be required by the airport operator. The total cost of W the training shall be paid for by the airport tenant. If the violation is a third violation,or there are multiple violations in excess of two violations,that is or are a civil penalty"moderate violation",the airport tenant shall pay to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport operator shall have the right to unilaterally cancel this Agreement, such cancellation to be effective thirty calendar days after receipt by the airport tenant of written notice of cancellation of this Agreement by the airport operator. CO Ch (3). Maximum Violation. If the violation is the first violation attributed to the airport tenant and is a civil penalty"maximum violation"as provided for in TSA's Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total costs incurred by the airport operator, including any fines and penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising,mitigation, or taking of remedial action measures; and, further, the airport tenant may cause all of airport tenant's W employees involved in the airport tenant's business operations on the airport property to undergo such security training as may be required by the airport operator. The total cost of the training shall be paid for by the airport tenant. If the violation is a second violation, or there are multiple violations, that is or are a civil penalty"maximum violation",the airport tenant shall pay to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further,the airport operator shall have the right to unilaterally cancel this Agreement,such cancellation to be effective thirty calendar days 16 Packet Pg. 1058 1.9.a after receipt by the airport tenant of written notice of cancellation of this Agreement by the airport operator. (4). Mitigation of Breach. TSA has a policy of forgoing civil penalty actions when the airport operator detects violations,promptly discloses the violations to TSA,and takes prompt corrective action to ensure that the same or similar violations do not recur. This policy is known as the TSA Voluntary Disclosure Program Policy,and is designed to encourage compliance with TSA regulations,foster secure practices,and encourage the development of internal evaluation programs. The airport tenant agrees that upon detecting a violation the airport tenant will immediately report it to the airport operator. Should the y TSA ultimately determine that the violation was committed by the airport tenant,or an employee, agent, invitee, or licensee of the airport tenant, but the violation should result in the issuance of a letter of correction in lieu of a civil penalty, then the airport tenant shall reimburse the airport operator the total costs incurred by the airport operator in investigating, defending, mitigating, or taking of remedial measures as may be agreed to by TSA, 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 of correction shall not be considered to be a breach of this Agreement y by the airport tenant. (5). Survival of Sub-Section. This sub-section 441) shall survive the cancellation or termination of this Agreement and shall be in full force and effect. 45. ENVIRONMENTAL. (a) Licensor will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns("Environmental Laws") as may now or at any time hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any way related to the Airport, unless such conditions or concerns are caused by the specific activities of Licensee in the Premises. (b) Licensor shall hold Licensee harmless and indemnify Licensee from and assume all duties, responsibility and liability at Licensor's sole cost and expense, for all duties, responsibilities, Ca and liability (for payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or _ proceeding to the extent caused by: a) failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any , environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such non-compliance results from conditions caused by Licensee; and b) any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Premises or activities conducted thereon, unless such environmental conditions are caused by Licensee. Nothing in this Agreement shall be interpreted or construed to mean Licensor waives its common law sovereign immunity as provided under Section 768.28, Florida Statutes, or consents to being sued hereunder. (c) Licensee shall hold Licensor harmless and indemnify Licensor from and assume all duties, responsibility and liability at Licensee's sole cost and expense, for all duties, responsibilities, and liability (for payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for 17 Packet Pg. 1059 1.9.a responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding to the extent caused by Licensee's failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in effect,to the extent that such non-compliance results from conditions caused by Licensee. (d) If Licensee is deemed to be a "generator of hazardous waste" (as defined by Environmental Laws) in connection with its use of the Airport, Licensee will obtain, if required by applicable Environmental Laws, a generator identification number and the appropriate generator permit from the government agency with jurisdiction and will comply with all applicable Environmental Laws in connection with its use of the Airport, including, but not limited to, ensuring that the transportation, storage, handling, and disposal of such hazardous wastes are conducted in full compliance with Environmental Laws. (e) If required by applicable Environmental Laws, Licensee agrees to provide to y County within fourteen(14)days after County's request,copies of all hazardous waste permit application documentation,permits,monitoring reports,transportation,records, storage and disposal plans,material safety data sheets and waste disposal manifests prepared or issued in connection with Licensee's use of Airport in the form such records are kept in accordance with applicable Environmental Laws. (f) Upon the expiration or earlier termination of this Agreement, Licensee shall dispose of all of Licensee's hazardous wastes and containers in compliance with Environmental Laws. Upon request by County, and to the extent applicable, copies of all waste manifests for shipments of such wastes will be provided to County at least sixty (60) days following the expiration or earlier termination of this Agreement. (g) Nothing in this Article will be construed to make Licensee liable in any way for any contamination or release of Hazardous Substances, affecting Airport that occurred prior to Licensee's entry upon or operations at the Airport or that occurred as a result of the actions or inaction of County or its employees, agents, contractors or anyone else other than Licensee or its employees, agents or contractors at the Airport. CO Ch (h) Nothing in this Article will be construed to make Licensee liable in any way for any environmental contamination or release of Hazardous Substances affecting Airport or Premises that occurs by reason of the migration or flow of contamination onto Airport or Licensee Premises from a site located off the Airport or off the Premises, as the case may be, with verifiable or documented evidence that the contamination is not attributable to Licensee's activities at Airport. , (i) Licensee agrees to conduct any corrective measures or remediation of the Airport and Licensee Premises to the extent caused by Licensee or a Licensee Party in accordance with applicable Environmental Laws. (j) Licensee acknowledges that certain properties within the Airport are subject to stormwater rules and regulations. Licensee agrees to comply with all applicable stormwater rules and regulations,and, if applicable, Licensee agrees in connection with Licensee's operations on Airport with the following: 8 Packet Pg. 1060 1.9.a (i) The parties acknowledge that close cooperation is necessary to ensure compliance with any stormwater discharge permit terms and conditions, as well as to ensure safety and to minimize the cost of compliance. County agrees to notify Licensee in advance of any proposed changes to the stormwater permit or County's Stormwater Pollution Prevention Plan applicable to the Airport affecting Licensee's activities or operations hereunder. Licensee acknowledges further that it may be necessary to undertake actions to minimize the exposure of stormwater to"significant materials" (as such term may be defined by applicable stormwater rules and regulations)generated,stored,handled, or otherwise used by Licensee in connection with Licensee's activities or operations at the Airport by implementing and maintaining"best management practices" (as such term may be defined in applicable y stormwater rules and regulations). (ii) Licensee shall comply with any stormwater discharge permit requirements applicable to Licensee. If applicable to Licensee's use of the Airport, Licensee shall submit a separate Notice of Intent to use the State of Florida Multi-Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity to the Florida Department of Environmental Protection with a copy to County. To the extent applicable,Licensee shall comply with all applicable stormwater requirements, y including,but not limited to: certification of non-stormwater discharges; County's Stormwater Pollution Prevention Plan or similar plans; implementation of best management practices (as such term may be defined in applicable stormwater rules and regulations); and maintenance and submittal of records required by County's Stormwater Pollution Prevention Plan. In complying with such requirements, Licensee will observe applicable deadlines set by the regulatory agency that has jurisdiction over the permit. Licensee agrees to undertake, as its sole expense, those applicable stormwater permit requirements for which it has received written notice from the regulatory agency and that apply to W Licensee's operations at the Airport. 46. Governing Law, Venue, Interpretation, Mediation This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Licensee agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and Licensee agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted 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. 47. Attorneys' Fees and Costs E The County and Licensee agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement,the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of- pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. [SIGNATURE PAGE TO FOLLOW] 19 Packet Pg. 1061 1.9.a IN WITNESS WHEREOF, each party has caused this Agreement to be executed by a duly authorized representative. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By:_... By: Deputy Clerk Mayor/Chairman Witnesses: LICENSEE: �- CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS N By: By. .. .... ; 4 e a� Name: lal.` . ..,,, Name: evin Powell ' - Title: Director etwor -ield Engineering W By: Date: } Name: tTav _.. _. 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E O W LU 8 � 8 5 p L 25 Packet Pg. 1067 1.9.a EXHIBIT A THE SYSTEM COMPONENTS AND DESIGN PRINCIPLES (Site Plan Attached) Page 6 of 20 m .. 411 Y� ti Y, 1� q �ry O U A 7 � � M 7m �1 •� n�}..,`w'f U 26 Packet Pg. 1068 1.9.a EXHIBIT A THE SYSTEM COMPONENTS AND DESIGN PRINCIPLES (Site Plan Attached) Page 7 of 20 - - .Q ^0 0 m� N C �N U U 0 0 02 U :0 wr N � 0 G 8 mN EN 0 0 0 s� g _1 09 s� u= g o 0a 9 8IX I u 27 Packet Pg. 1069 1.9.a EXHIBIT A THE SYSTEM COMPONENTS AND DESIGN PRINCIPLES (Site Plan Attached) Page 8 of 20 W C a U LJL. LA- 0 N 28 Packet Pg. 1070 1.9.a EXHIBIT A THE SYSTEM COMPONENTS AND DESIGNPRINCIPLES (Site Plan Attached) Page 9 of 20 I a 0 m � M M C 8 s � UM M CL q 'y°` Wier 8 8 V y y 29 Packet Pg. 1071 1.9.a EXHIBIT A THE SYSTEM COMPONENTS AND DESIGN PRINCIPLES (Site Plan Attached) Page 10 of 20 - - r 8 W 1 E s � 0 30 Packet Pg. 1072 1.9.a EXHIBIT A THE SYSTEM COMPONENTS AND DESIGN PRINCIPLES (Site Plan Attached) Page 11 of 20 9 � o o°c oc o r LL >- m wv� � x C m, 1 Packet Pg. 1073 =1 EXHIBIT A THE SYSTEM COMPONENTS AND DESIGN PRINCIPLES (Site Plan Attached) Page 12 of 20 F11 U) W - 32 =1 EXHIBIT A THE SYSTEM COMPONENTS AND DESIGN PRINCIPLES (Site Plan Attached) Page 13 of 20 al 3 LL m rs W cu C 1 � 33 =1 EXHIBIT A THE SYSTEM COMPONENTS AND DESIGN PRINCIPLES (Site Plan Attached) Page 14 of 20 f r o o N 0 9 � r f 0 �s E LVia. u 34 =1 EXHIBIT A THE SYSTEM COMPONENTS AND DESIGN PRINCIPLES (Site Plan Attached) Page 15 of 20 N °o LL t N yd 35 =1 EXHIBIT A THE SYSTEM COMPONENTS AND DESIGN PRINCIPLES (Site Plan Attached) Page 16 of 20 00 o 0 E 0 W V 36 =1 EXHIBIT A THE SYSTEM COMPONENTS AND DESIGN PRINCIPLES (Site Plan Attached) Page 17 of 20 U) r i i •� i ll� , r4 t- 4 d �V r' P i3 V 1 I }} 37 =1 EXHIBIT A THE SYSTEM COMPONENTS AND DESIGN PRINCIPLES (Site Plan Attached) Page 18 of 20 T i 0%to 4 # • � B ' t ' r f j ..., _. ay E kk 99 " �I r k _I, 38 n_. 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Anne =1 1kk 1 1 t4 j n.slxs ENFORCEMENT SANCTION GUIDANCE POLICY (date updated:8 February 2021) INTRODUCTION: On November 19,2001,Congress enacted the Aviation and Transportation Security Act(ATSA),which created TSA,and which transferred authority for enforcement of civil aviation security y requirements from the Federal Aviation Administration to TSA On July 21,2009,TSA's Investigative and Enforcement Procedures,including the maximum civil monetary penalty amounts for violations of TSA's security regulations,were amended to conform to the Implementing Recommendations of the 9/11 Commission Act of 2007. On November 2, 2015,Congress enacted the Civil Penalties Inflation Adjustment Act Improvements Act of 2015,which required federal agencies to make annual inflation adjustments to civil penalties. LU PURPOSE: This sanctions policy provides guidance for imposing civil monetary penalties up to$34,777 y per violation for aircraft operators,up to$11,904 per violation for surface transportation modes and other non-aviation violations, and up to $13,910 per violation for all other persons,including but not limited to individuals, airport operators, indirect air carriers,and small business concerns.This sanction guidance provides agency enforcement personnel with guidance in selecting appropriate sanctions for civil penalty enforcement actions and to promote consistency in enforcement ofTSA regulations;it does not restrictTSA from proposing higher penalties or penalties for violations not listed in the Sanction Guidance Table.The purpose of this guidance is to assist,not replace,the exercise of judgment in determining the appropriate civil penalty in a particular case.TSA has the authority to issue civil penalties up to the administrative maximums found in 49 C.F.R. § 1503.401,which may undergo annual inflation adjustment more frequently than this sanctions policy is updated. GENERAL GUIDELINES: The Sanction Guidance Table("Table")below represents the normal sanction range for a single violation of a particular regulation.Pursuant to a philosophy of progressive enforcement,the sanction generally increases with each repeated violation or based upon other aggravating factors.In selecting an appropriate sanction,TSA considers the totality of circumstances,including any aggravating and mitigating factors.A sanction amount at the higher end of a range is appropriate where there are aggravating factors surrounding the violation,while a sanction amount at the lower end of the range is appropriate for fast time violations and where mitigating factors exist. Based on substantial v, aggravating or mitigating factors,TSA may seek a sanction amount that falls outside the Table's sanction ranges. 0 N 1 n Ann&: =1 .tea #SYi Mii y rvS ll' AGGRAVATING and MITIGATING FACTORS: Asa general matter,TSA considers the following aggravating and mitigating factors: 1. Significance or degree of the security risk created by the violation; y 2. Nature of the violation(whether the violation was inadvertent,deliberate,or the result of gross negligence); 3. Past violation history(compliance should be the norm,this factor is considered only to assess the need for an increased sanction); 4. Violator's level of experience; 5. Attitude of violator,including the nature of any corrective action taken by the alleged violator; 6. Economic impact of the civil penalty on the violator; 7. Criminal sanctions already paid for the same incident; y 8. Disciplinary action by the violator's employer for the same incident; 9. Artful concealment;and A Fraud and intentional falsification. 10. For violations related to firearms,additional aggravating factors include: A The violator is a member of the Known Crewmember®(KCM)Program using a KCM portal; B. The violator is a crew member in uniform using a passenger checkpoint; C. The violator is a member of TSA Pre4®; ' D. The firearm was carried on the violator's person; W E. The firearm has a round that is chambered;or F. The firearm's safety is off. 0) INDIVIDUALS: Section VI below addresses sanction amounts for individual violations. Penalty considerations for violations by individuals,who are not regulated entities or employed by a regulated entity,differ from the considerations for regulated entities such as an aircraft operator,airport,or indirect air carrier.Deterrence against an individual generally does not require a penalty range as high as that against a regulated entity. As a result,the Table contains ranges that list dollar amounts for violations by individuals. Egregious or intentional violations may support a civil penalty outside of the listed range. Reduced civil penalties allowed under the Notice of Violation(NOV)program are a program incentive and are not based on the typical mitigating factors. y SMALL BUSINESS ENTITIES: The maximum civil penalty that maybe assessed against a violator that qualifies as a small business entity is$13,910(freight and passenger rail is$11,904). TSA may consider the fact that the entity qualifies as a small business in determining the appropriate amount of the civil penalty. This information may not be readily available prior to the issuance of a proposed civil penalty and may be considered at any time after the initiation of enforcement action. Generally,it is the responsibility of the alleged violator to provide reliable evidence of its inability to pay a proposed civil penalty or of the impact the civil penalty it will have on its ability to continue in business. MULTIPLE VIOLATIONS: Where multiple violations arise from the same incident, inspection, or investigation, a sanction amount generally should be calculated for each violation of the regulations. < Similarly, a separate sanction amount generally should be assessed for each violation where there are continuing violations or related violations addressed in the same case. CRIMINAL REFERRAL: Referral for criminal investigation and enforcement is appropriate where there appears to be a violation of criminal laws. Criminal penalties and fines are different and wholly separate from the civil penalties assessed by TSA Withdrawal of criminal charges will not affect civil penalty charges,and vice versa. TABLE RANGES: The Table describes civil monetary penalties as minimum,moderate,or maximum for 2 =1 ia fug 3.'mom a single violation of a particular regulation. These terms are defined as follows: (1)Violations Committed by Aircraft Operators/Air Carriers Maximum $25,000-$34,777 Moderate $12,500425,000 Minimum $4,200-$12,500 (2)Violations Committed by owners/operators of freight Rail Carriers,Rail- Sensitive Security Material(RSSM)Shippers,and Receivers;and Violations Committed by Public Transportation and Passenger Rail,and Over-the-road Bus companies. Other Non-Aviation Violations Maximum $7,100-$11,904 >- Moderate $3,600-$7,100 Minimum $1,150-$3,600 (3)Violations Committed by All Other Entities Including,but Not Limited to Airport Operators,Indirect Air Carrier,CCSFs,Individuals,Contractors,Small Businesses,etc. Maximum $10,500413,910 Moderate $5,500410,500 Minimum $1,350-$5,500 0 N 3 n_. Anon =1 a SANCTION MDANCE TABLE I. AIRPORT OPERATOR* 1. Failure to ensure that Airport Security Coordinator(ASC) fulfills required functions Min. 2. Failure to train ASC Min.-Mod. 3. Failure to dlow TSA inspection Max. 4. Failure to provide evidence of regulatory compliance Max. 5. Failure to provide SIDA access ID to TSA personnel Mod. y m 6. Failure to carry out a requirement in the security program (general violation to be used when more specific violation is not listed) Mod.-Max. Z 7. Failure to restrict the distribution,disclosure of SSI Min.-Max. °' 8. Failure to notify TSA of changes to its security program Min. W 9. Access control violations-Secured area,AOA,SIDA,and access control systems Max. 10. Failure to follow escort procedures Mod. 11. Failure to train or to maintain training records Min.-Mod. 12. Criminal history records check—Failure to perform, failure to suspend, failure to investigate charges Max. 13. Failure to maintain record of law enforcement response Min.-Mod. 14. Failure to implement a Security Directive Max. 0 15. False entry in record or report Max.+Criminal Referral N 16. Failure to comply with requirements related to adequate law enforcement response/support Max. 17. Failure to follow accountability procedures for personnel Max. identification systems *Airport tenants operating under valid Exclusive Area Agreements assume responsibility for certain airport operator security responsibilities. For violations of security requirements assumed by such airport tenants, the airport operator section of the sanction guidance should be employed. 4 n_'_1__A r%_ Ann^ =1 II. AIRCRAFT'OPERATUR AND AIR CARRIER 1. Failure to carry out security program(covers all violations of security program requirements;general violation to be .� used if more speck violation is not listed in the Table) Mod.-Max. 2. Failure to allow TSA inspection Max. 3. Failure to provide evidence of regulatory compliance Max. 4. Failure to provide SIDA access ID to TSA personnel Mod. 5. Failure to restrict distribution and disclosure of security program Mod.-Max. 6. Failure to comply with a security requirement pertaining to the acceptance,control,or screening of checked baggage Max.per piece 0 N 7. Failure to comply with a security requirement pertaining to the , acceptance,control,or screening of cargo Max. 7b. Failure to screen cargo:unscreened cargo flew on passenger aircraft Max.per piece W 7c.Failure to screen cargo:unscreened cargo did not fly on passenger aircraft Min. per piece m because of inspector intervention 8. Failure to comply with requirements for carriage of an accessible weapon by an armed LEO Mod. 9. Failure to prevent unauthorized access to secured area or to aircraft Max. 10. Failure to conduct a security inspection of aircraft Mod.-Max. 11. Failure to comply with criminal history records check requirements Max. 12. Failure to comply with requirements for aircraft operator-issued identification and access media Mod. N 13. Failure to train or to maintain training records Min.-Mod. 14. Failure to comply with Security Directives or Emergency Amendment Max. 15. Failure to comply with security requirements related to screening of passengers and/or property(excluding cargo) Mod.-Max. 16. False entry in record or report Max.+Criminal Referral 17. Failure to transport Federal Air Marshals Max. 18. Failure to pay security fees Mod. 19. No-Fly List and Selectee List violations Max. 5 =1 u lt III. OTHER AVIATION SECURITY REQUIREMWN Part 1550: Failure to comply with a security requirement set forth in, y or pursuant to,49 C.F.R. part 1550 Max, ) Flight'paining Providers: Failure to comply with any requirement issued pursuant to 49 U.S.C. §44939 and set forth in 49 C.F.R.part 1552 Mod.-Max. LU Flight training providers that are also aircraft operator;are subject to a civil penalty maximum of up to $34,174 per violation. Flight training providers that are not aircraft operators are subject to a civil penalty maximum of up to$13,669 per violation. — 49 USC 46301(a)(6): Z 0) Failure to collect airport security badges(by employees Max. , other than government or airport operators) IV. CARGO SECURITY E This part applies to all persons who offer,accept,ortransport cargo pursuant to a TSA approved security program and/or subject to the requirements of the Transportation Security Regulations. Such persons include,but are not limited to,Certified Cargo Screening Facilities(CCSF)and indirect air carriers(IACs). 1. Acting as an IAC without an approved program Max. 2. Failure to retain or produce training records Min.-Mod. 3. Failure to provide required training Mod. 4. Failure to inform agent in writing of responsibilities under the program Mod.-Max. 0 5. Failure to comply with the TSA approved security program (general violation to be used if a more specific violation is not given) Mod.-Max 6. Failure to maintain IACMS up to date Min.-Mod. 7. Failure to produce copy of the program,relevant portions,or implementing instructions at a station where cargo is accepted or processed Min. 8. Failure to restrict distribution of security program or implementing instructions to persons with a need to know Mod.-Max. 9. Failure to maintain or to be able to produce a current listing of authorized agents/contractors(chronic or intentional failures) Mod.-Max. 6 =1 u"o try` ar'q 10. Failure to supply certification to the aircraft operator Min. 11. Failure to comply with any requirement necessary to establish a known shipper(repeated failure would _ justify a maximum penalty) Mod. 12. False certification or falsification of any document/statementrequired under the security program Max.+Criminal Referral 13. Failure to control access to cargo by unauthorized persons Mod.-Max. 14. Failure to transport cargo in locked or closely-monitored vehicle (includes CCSF chain-of-custody violations) Mod.-Max. 15. Failure to comply with cargo-acceptance requirements Mod.-Max. 0 N 16. Failure to allow access for inspections , (sanction should be imposed for every day that access is denied) Mod.-Max.per day , 17. Failure to comply with any requirement related to the screening or inspection of cargo W Max. 17b.Failure to screen cargo:unscreened cargo flew on passenger aircraft Max.per piece 17c.Failure to screen cargo:unscreened cargo did not fly on passenger aircraft because of inspector intervention Min. per piece 18. Failure to obtain required transfer certification Min.-Mod. 19. Failure to comply with the requirement to submit complete STAs �+ according to 49 C.F.R. § 1548.16 Mod.-Max. V. FREIGHT RAIL CARRIERS,RSSM SHIPPERS AND RECEIVERS, PUBLIC TRANSPORTATION AND PASSENGER RAIL, AND OVER-TH&ROAD BUS OWNERS/OPERATORS Inspection 1. Denial of access to propertyor failure to cooperate with TSA Inspector Max. Responsibilitv Determination 2. Failure to self-identify applicability of Security Training rule (new or modified operations) Min.-Mod. 3. Failure to self-identify(pattern of non-compliance) Mod.-Max. 7 =1 t. i., SlV ka I 1 Recordkeoina 4. No records or failure to maintain records Max. 5. No records or failure to maintain records(pattern of non-compliance) Mod.-Max. Security Coordinator 6. No Security Coordinator or failure to report to TSA Max. 7. Security Coordinator in place but not documented Mod. Reporting Significant Security Concerns v, m 8. No system in place to report security concerns/incidents Max. _ 9. Failure to report significant security concern(single event) Min. N 10. Failure to report significant security concern(pattern of non-compliance) Mod.-Max Chain of Custody(Toxic Inhalation Hazard) It. No system for documenting Chain of Custody Max. 12. Leaving RSSM rail car(s)unattended during physical transfer of custody Mod. 13. Failure to document transfer of custody-single event Min. 14. Failure to maintain transfer of custody documents(Unable to produce Mod. records at time of inspection) 15. Failure to keep loaded RSSM cars in a rail secure area Mod. 16. Pattern of non-compliance Max. y 17. Failure to perform security inspection per 49 CFR§ 174.9 Min. Location and Shipping Information 0 N 18. Failure to have process in place to provide RSSM car location Mod. 19. Failure to provide information for a single car within five minutes of Min. request(Class 1 Railroad only) 20. Failure to provide requested information within thirty(30)minutes Min. 21. Failure to provide telephone number to TSA for requesting car location Mod. 22. Pattern of Noncompliance Mod.-Max. S =1 tWi 5@} 4R4� ,Sr VI. INDIVIDUAILS, 1. Security Violations by Individuals for Prohibited Items Discovered at Checkooint/Sterile Area/Onboard Aircraft A. Firearms(including 3D-printed),Realistic Firearm Replicas,and Shocking Devices i. Loaded firearms(or unloaded firearms with accessible $3,000410,000+ ammunition) Criminal Referral or LU $10,000413,910 +Criminal Referral(repeat offense) 0 ii. Unloaded firearms $1,500-$2,475+ Criminal Referral iii BB, pellet, and compressed-air guns;flare and starter W pistols;realistic replicas of firearms(including gun $360-$2,090 fighters or training devices/aids);permanently inert firearms;spear guns;stun guns,cattle prods,or other shocking devices $2,090- iv. Silencers,mufflers,frames and/or receivers $4,170+ Criminal Referral B. Sharp Objects y i. Axes and hatchets;bows and/or arrows;ice axes and ice picks; knives with blades that open automatically(such as switchblades);knives with blades that open via gravity (such as butterfly knives);any double-edge knives or daggers;meat cleavers;sabers;swords;fencing foils; $360-$2,090 a, and machetes ii. throwing stars $360-$2,090 C. Inc endiaries Any flammable liquid or gel fuels,including but not limited to gasoline, lighter fluids,cooking fuels; $360-$2,090 turpentine and paint thinners Smoke grenades/flash bangs $690-$3,460 +Criminal Referral D. Disabling Chemicals 9 n____a n_. Annw =1 is f u i. Self-defense spray;tear gas $360-$2,090 E. Explosives i. Blasting caps;dynamite;gunpowder(more than 10 oz.); $8,340-$13,910+ hand grenades;plastic explosives;all other high explosives Criminal Referral ii. Realistic replicas of explosives;inert hand grenades; $690-$3,460+ intact vehicle air bags Criminal Referral iii. Consumer fireworks,novelty fireworks,professional display fireworks;flares;gunpowder(10 oz. or less); $360-$2,090+ammunition Criminal Referral y m 2. S2R!qk Violations for Prohibited Items Discovered in Checked Bagggge N A. Firearms i. Loaded firearms $1,390-$2,780+ W Criminal Referral ii. Undeclared and/or improperly packaged firearms; silencers;mufflers;frames; and/or receivers $690-$1,390 B. Incendiaries Any flammable liquid or gel fuels,including but not limited to gasoline, lighter fluids,cooking fuels; $360-$2,090 turpentine and paint thinners $690-$3,460 Smoke grenades/flash bangs +Criminal Referral C. Explosives i. Blastingcaps;dynamite;gunpowder more than 10 oz. ; ,910+ o p , yn ,g p ( ) $8,340-$13 hand grenades;plastic explosives;all other high explosives Criminal Referral ii Realistic replicas of explosives;inert hand grenades; $690-$3,460+ intact vehicle air bags Criminal Referral iii. Consumer fireworks,novelty fireworks,professional display fireworks;flares;gunpowder(10 oz.or less); $360-$2,090+ Criminal Referral 3. Other Security Violations by Individuals or Persons* A. Attempt to circumvent a security system,measure,or 10 n____a n_. Anne: =1 fW 4a procedure by the artful concealment of a non-explosive liquid, aerosol,or gel(other than those permitted) $130-$280 B. Interference with screening L Assault with injury $10,500413,910 y E Assault without injury $5,420410,500 iii. Non-physical interference $2,090-$5,420 iv. False threats $1,390-$4,170 LU Ch C. Entering sterile area without submitting to screening $690-$4,170 D. Tampering or interfering with,compromising,modifying, Sanction amount attempting to circumvent,or causing a person to tamper or based on interfere with,compromise,modify or attempt to circumvent any security system,measure,or procedure. Includes the artful underlying concealment of prohibited items(except for those prohibited security requirement items covered by section W.A.,.A., above) E. Entering or being present within a secured area,AOA,SIDA, or sterile area without complying with the systems,measures, or procedures being applied to control access to,or presence or movement in,such areas $690-$4,170 F. Improper use of airport access medium $690-$4,170 G. Fraud and intentional falscation $3,460-$8,340+ Criminal Referral R Failure to allow inspection of airman certificate, authorization, $1,390-$4,170 FAA license *Violations not listed above are subject to the regulatory civil penalty maximum of$13,910. 0 N I.l n Ann&: =1 a�+ N+9 VII. SECURITY VIOLATIONS RELATED TO THE TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL (TWIC) 1. Misuse of a TWIC $590-$3,560 2. Fraudulent manufacture or alteration of a TWIC $1,190-$3,560+ Criminal Referral 3. Circumvention or compromise of TWIC access control $1,190-$3,560 procedures 4. Failure of individual to allow inspection of a TWIC $590-$1,190 w 5. Failure to allow inspection of a TWIC $590-$1,190 6. False application for a TWIC $1,190-$3,560+ Criminal Referral 7. Failure to surrender a TWIC $590-$1,190 8. Fraud, intentional falsification $1,190-$3,560 W 0 N 12 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a E public building or public work, may not submit bids on leases of real property to public entity, may n not be awarded or perform work as a CONTRACTOR,supplier,subcontractor,or CONTRACTOR U" under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided In Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither ceuoo Pertri.Bnro dVa veAmn wlretese (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. Uj Uj (Sign tune) Kevin NOW 0 Directcr Netwo Field Engineering N Date: STATE OF: i DA COUNTY OF: il`It( I 2 Subscribed and sworn to(or affirmed) before me, by means of E!�physicai presence or❑online notarization, on (date) by "PO1NelI (name of affiant). He/She is personally known to me or has produced (type of identification) as Identification. n •`� � .:cam Notwy Punuo State or FWrida NOTARY PUBLIC—_Dom Rooseri MY® Expires`" anois" ' My Commission Expires: SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Celloo Partnership d/b/a Verizon Wireless (Company) "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion,deduct from the Agreement or purchase price,or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the a former County officer or employee." (Sign ure) Kevin Powell D Netwoc Field Engineering STATE OF: Lop-row E 2 COUNTY OF: r I 1 [6t[1Lh Subscribed and sworn to (or affirmed)before me, by means of f `physical presence or❑online notarization,on )s+ MILtj t, � (date) by Kevin Powell (name of affient). He/She Is personally y known to me or has produced (type of identification)as Identification. N AA fV PWAC State of Florda E Dom P Roasm MY CWMUSM e 4/2 "511 r NOTARY PUBLIC My Commission Expires: n____a n_. Ann^ =1 V C ICAI INfa&CRU11MZED!QgWAMMLI Project Descri `on(s): Respondent Vendor Name: Celloo Partnership d/b/a Verizon Wireless Vendor FEIN: 22-3372889 Vendor's Authorized Representative Name and Title: Kevin Powell,Director-Network Field Engineering Address: One Verizon Way,Mail atop 4AW100 ... City: Basking Ridge State: New Jersey Zip: 07920 Phone Number: Email Address: Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or LU >- entering into or renewing a contract for goods or services of any amount if, at the time of contracting or y renewal,the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on,submitting a proposal for,or entering into or renewing a contract for goods or services of$1,000,000 or more,that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s.215.473,Florida Statutes,or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified ' above in the Section entitled"Respondent Vendor Name"is not listed on the Scrutinized Companies that Zi Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged in business operations in Cuba or Syria. E I understand that pursuant to Section 287.135,Florida Statutes,the submission of a false certification may subject company to civil penalties,attorney's fees,and/or costs.I fiwther understand that any contract with the County may be terminated, at the option of the County,if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Ismael or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certifie Kevin Powell who is authorized to sign on behalf of the abov ferenced ca_ ,d P Authorized Signature: . . Print Name: Kevin Powell ' Title: Director-Network Field Engineering Note:The List are available at the following Department of Management Services Site: htia Jiyvvy,dml. la.curruusin s operutions/state urchasin /vendor information/convicted sus '- peed iscrirninatcry complain vend x lists, 1.9.a FLORIDA SALES TAX EXEMPTION CERTIFICATE Cellco Partnership d/b/a Verizon Wireless ("Verizon Wireless") hereby certifies to Monroe County, a political subdivision of the State of Florida, ("County" or "Licensor") that the premises subject to that certain In-Building Radio Distribution Agreement for a Multi Carrier Distributed Antenna System dated June 16 2021 , between County or Licensor and Verizon Wireless, is used for the placement of towers, antennas, cables, accessory structures, or equipment used in providing cellular communications services, personal communications services, paging services, specialized mobile radio y services, or some other form of mobile one-way or two-way communications services. The undersigned understands that when any person fraudulently, for the purpose of evading tax, issues to a vendor, or to any agent of the state, a certificate or statement in writing in which he or she claims exemption from the sales tax, such person, in addition to being liable for payments of the tax plus a mandatory penalty of 200% of the tax, shall be liable for fine and punishment provided by law for conviction of a felony of the third degree,as provided in s. 775.082, s. 775.083, or s. 775.084, Florida Statutes. Cellco Partnership d/b/a Verizon Wireless 95-80-176769-90-7 Licensee's Name (Print) Florida Sales Tax Certificate# KNLF226—Tampa/St. Petersburg/Orlando W 0000993281 KNLF274—Jacksonville Florida Communications Tax# FCC License Number E Antennas/Equipment used to provide (check one): .m.. Cellular ESMR X PCS Paging Signature of authorized representative Date Kevin Powell 22-3372889 Print name of authorized representative Federal Tax I.D. Number 0 Director—Network Field Engineering 908-306-7000 Title of authorized representative Telephone Number Site Name/No.: Key West Airport/290658 Packet Pg. 1101