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Item C11M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� r i � �� Mayor George Neugent, District 2 The Florida. Ke Se y I Mayor Pro Tern David Rice, District 4 Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting May 17, 2017 Agenda Item Number: C.11 Agenda Item Summary #2931 BULK ITEM: Yes DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Donald DeGraw (305) 809 -5200 none AGENDA ITEM WORDING: Approval to enter into a non - exclusive five (5) year Retail Vending Machine Concession Agreement with Refreshment Service Pepsi to provide two (2) beverage vending machines at the Key West International Airport; 10% of gross revenues generated from the vending machines will be paid to the Airport on a quarterly in arrears basis. ITEM BACKGROUND: On December 7, 2016 the County issued an RFP for vending machine service providers. The bid opening was held on January 25, 2017 and there were no respondents. Pursuant to county purchasing policy and procedures staff requested approval to contact possible vendors through letters of interest and negotiate with those vendors indicating an interest in providing the services. PREVIOUS RELEVANT BOCC ACTION: On January 20, 2016, the BOCC approved the bid solicitation for Vending Machine Concession services at the Key West International Airport and the Florida Keys Marathon International Airport. At the bid opening on there were no respondents. On February 15, 2017, the BOCC authorized staff to contact possible vendors through letters of interest and negotiate with vendors who indicated interest in providing the services. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: Refreshment Services Pepsi FINANCIAL IMPACT: Effective Date: 06/01/2017 Expiration Date: 05/31/2022 Total Dollar Value of Contract: N/A Total Cost to County: N/A Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Yes Grant: County Match: Insurance Required: Additional Details: If yes, amount: approx. $750.00 /yr. I to] XTAi Do 1111" Beth Leto Completed 04/26/2017 11:13 AM Donald DeGraw Completed 04/26/2017 11:35 AM Pedro Mercado Completed 04/26/2017 4:03 PM Budget and Finance Completed 04/28/2017 10:12 AM Maria Slavik Completed 04/28/2017 10:35 AM Kathy Peters Completed 05/01/2017 10:56 AM Board of County Commissioners Pending 05/17/2017 9:00 AM aeGA g anlsn!oxe -uou a o ;ul as ;ua o; !enoaddV GAAA3 : bCU) !sdad saolnaag ;uGwt4saalab : ;uGwt43e ; ;V TAIL, VENDING MACHINE CONCESSION AGREEMENT AT KEY VEST INTERNATIONAL, AIRPORT MONROECOUNTY REFRESHMENT SERVICES PEPSI aeGA 9 anlsn!oxe -uou a o ;ul as ;ua o; !enoaddV SAAA3 : bMZ) !sdad saolnaag ;uGwt4saalab : ;uGwt43e ; ;V JeGA 9 GAIsnjoxe-uou e O;U1 JG;UG 0; leAOjddV SAAA3 : bCU) !sdOd sGOIJuGS ;uGwt4sG4GU :;uGwt4 5, The Lessee agrees to furnish good, prompt and efficient service to meet all demands for airport vending machine operations at the Airports. The operation must be open for service 365 days per year, 24 hours per day. 6, No signs, on premises advertising, or awnings may be erected by the Lessee on the premises or elsewhere at EYW unless they are approved by the Director of Airports in writing. No exterior architectural changes may be made without the consent in writing of the Airport Manager, whose consent will not be unreasonably withheld, T If the vending machine operation or any part of the leased premises is injured or damaged by any breaking, entering or vandalism of the vending machine operation, the Lessee Must promptly make all the necessary repairs at his expense to restore the vending machine operation and/or the premises to the condition immediately prior to the breaking, entering or vandalism or the attempt to break or enter, 9. The Lessor does not make any representations or warranties regarding the premises beyond those set forth in this agreement. 10, In the event the premises are partially damaged by fire, explosion, the elements, the public enemy or other casualty, but not rendered untenable, then the premises will be I aeGA 9 anlsn!oxe -uou a o ;ul as ;ua o; !enoaddV SAAA3 : bMZ) !sdad saolnaag ;uGwt4saalab : ;uGwt43e ; ;V JeGA 9 GAIsnjoxe-uou e O;UI JG;UG 0; leAOjddV SAAA3 : bMZ) !sdOd sGOIJuGS ;uGwt4sG4GU :;uGwt4 agreement. Therefore, any failure by the County to enforce this paragraph, or evict the Lessee from the Airport if the Lessee becomes uninsured or underinsured, is not a breach of any duty or obligation owed to any specific member of the general public and cannot form the basis of any County liability to a specific member of the general public or his/her dependents, or estate or heirs. 12. Notwithstanding anything herein contained that may be, or appear to be, to the contrary, it is expressly understood and agreed that the rights granted under this agreement are nonexclusive and the Lessor herein reserves the right to grant similar privileges to another Lessee or other Lessees on other parts of the Airport. 14. Lessor may enter upon the premises at any reasonable time, with advance notice, for any purpose connected with the performance of the Lessor's obligations under this agreement or in the exercise of its governmental functions, 9 aeGA 9 anlsn!oxe -uou a o ;ul as ;ua o; !enoaddV SAAA3 : bMZ) !sdad saolnaag ;uGwt4saalab : ;uGwt43e ; ;V JeGA 9 GAIsnjoxe-uou e O;UI JG;UG 0; leAOjddV SAAA3 : bMZ) !sdOd sGOIJuGS ;uGwt4sGJlGU :;uGwt4 Agreement, Lessor and Lessee agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 0 aeGA g anlsn!oxe -uou a o ;ul as ;ua o; !enoaddV SAAA3 : bMZ) !sdad saolnaag ;uGwt4saalab : ;uGwt43e ; ;V 8 JeGA 9 GAIsnjoxe-uou e O;U1 JG;UG 0; leAOjddV GAAA3 : bCU) !sdOd sGOIJuGS ;uGwt4sG4GU :;uGwt4 34. Other Use - Lessee shall not use or permit the use of the dernised premises or any part thereof for any purpose or use other than an authorized by this agreement. 35. Paragraph headings herein are intended only to assist in reading identification and are not in limitation or enlargement of the content of any paragraph, 36. Notices - Any notice of other communication from either party to the other pursuant to this agreement is sufficiently given or communicated if sent by registered mail, with proper postage and registration fees prepaid, addressed to the party for whom intended, at the following addresses: For Lessor: Director of Airports Key West International Airport 3491 S. Roosevelt Blvd. Key West, FL, 33050 For Lessee: Refreshment Services Pepsi Jason Murphy, Sales Manager 5510 MacDonald Ave, Key West, Fl. 33040 or to such other address as the party being given such notice shall from time to time designate to the other by notice given in accordance herewith. 11 JeGA 9 GAIsnjoxe-uou e 0;U1 JG;UG 0; leAOjddV GAAA3 : bMZ) !sd sGOIJuGS ;uGwt4sG4GU :;uGwt4 pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 39. AIRPORT SECURITY, b) Airport Tenant Defined. An airport tenant means any person, entity, organization, partnership, corporation, or other legal association that has an agreement with the airport operator to conduct business on airport property. The term also includes an airport tenant as defined in 49 CFR 1540.5. Each signatory to this Agreement, other than the airport operator, is an airport tenant. c) Airport Operator Defined. As used in this Agreement, airport operator means Monroe County, Florida, its elected and appointed officers, and its employees. d) Airport Property Defined, Airport property shall mean the property owned or leased by, or being lawfully used by, the airport operator for civil aviation and airport-related purposes. For purposes of this Agreement, airport property is the property generally referred to as the Key West Airport, the Marathon Airport, or both as may be set forth in this Agreement. e) Inspection Authority. The airport tenant agrees to allow Transportation Security Administration (TSA) authorized personnel, at any time or any place, to make inspections or tests, including copying records, to determine compliance of the airport operator or airport tenant with the applicable security requirements of Chapter 49, United States Code, and 49 CFR 1540, at seq. 0 Airport Security Program. The airport tenant agrees to become familiar, to the extent permitted by the airport operator, with the Airport Security Program promulgated by the airport operator and approved by TSA, and also agrees to conform its' operations and business activities to the requirements of the Airport Security Program. M Tenant Security Program. If permitted under TSA regulations, the airport tenant may voluntarily undertake to maintain an Airport Tenant Security Program as referred to in 49 CFR 1541113. If the airport tenant voluntarily promulgates an Airport Tenant Security Program that is approved by TSA, such program, as may be amended and approved from time to time, shall be automatically incorporated into this Agreement. h) Breach of Agreement. Should TSA determine that the airport tenant or one or more of the airport tenant's employees, agents, invitees, or licensees has committed an act or omitted to act as required, and such act or omission is a violation which results in TSA imposing a civil a aeGA 9 anlsn!oxe -uou a o ;ul as ;ua o; !enoaddV SAAA3 : bMZ) !sdad saolnaag ;uGwt4saalab : ;uGwt43e ; ;V JeGA 9 GAIsnjoxe-uou e O;UI JG;UG 0; leAOjddV GAAA3 : bMZ) !sdOd sGOIJuGS ;uGwt4sGJlGU :;uGwt4 (5), Survival of Sub-Section. This sub-section 39 h) shall survive the cancellation or termination of this Agreement, and shall be in full force and effect. 12 aeGA g anlsn!oxe -uou a o ;ul as ;ua o; !enoaddV SAAA3 : bMZ) !sdad saolnaag ;uGwt4saalab : ;uGwt43e ; ;V Im 13