06/16/2021 Agreement ,P'7 1.. Kevin Madok, CPA
jt.
'y 7 Clerk of the Circuit Court&Comptroller—Monroe County, Florida
DATE: June 30, 2021
TO: Beth Into, Airports
Business Manager, KWIA
FROM: Pamela G. I1anco4 .C.
SUBJECT: June 16th BOCC Meeting
Enclosed is a certified copy of the following item for your handling:
19 In-Building Radio Distribution Agreement for a Multi Carrier Distributed Antenna
System with Cellco Partnership d/b/a Verizon Wireless at die Key West International Airport.
Should you have any questions please feel free to contact me at (305) 292-3 5 50.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Sheet 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
Site Neme/Number: Key West Airport/290658
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
lune ,2021 by and between MONROE COUNTY,a political subdivision of the State of Florida,
whose address in 1 100 Simonton Street,Key West,Florida 33040,hereinafter"County"or"Licensor"
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
(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 50 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 50 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,
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
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
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
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.
2.—- - Term - The initial term (the "Initial Term") of this Agreement shall be for five (5)
years, commencing on the first (1st) 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.
3. Rental and Fees—During the Term of the License,in consideration for the rights granted
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
($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.
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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
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.
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
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
remedy at law for non-compliance with the provisions of this paragraph and therefore, either Party shall
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
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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
L..,.,.,�.,., 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 Planning - Licensee acknowledges that the County has Master Plans
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:
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(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
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:
(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
(b) to perform essential maintenance,repair,relocation,or removal of existing underground and
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
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
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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
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
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.
The Licensee shall maintain the required insurance throughout the entire term of this Agreement
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.
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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.
If the Licensee participates in a self-insurance fund, a Letter of Self-Insurance will be required.
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
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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,
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
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
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"):
(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
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;
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(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
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
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
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
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;
(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
(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
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
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.
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
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:
For Licensor: For Licensee:
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
Monroe County Attomey's Office
1111 12th St., Suite 408
Key West, Fl. 33040
or to such other address as the party being given such notice shall from time to time designate to the
other by notice given in accordance herewith.
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
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. Binding Effect-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. Authority - 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. Adiudication 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
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
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.
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
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 attomey's fees and costs associated with that proceeding. This provision shall
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
to:
(1) Keep and maintain public records that would be required by the County to perform the
service.
(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
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
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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
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
functions and duties of such officers, agents,volunteers,or employees outside the territorial limits of the
County.
39. Legal 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
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
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
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.
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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
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.
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 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
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
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,
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
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 attomey'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
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.
(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
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 attomey'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
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
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
by the airport tenant.
(5). Survival of Sub-Section. This sub-section 44.h) 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,
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
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
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.
(t) 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.
(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.
CO 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.
(.1) 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:
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(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
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,
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
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
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 attomey's fees, court costs, investigative, and out-of-
pocket expenses, as an award against the non-prevailing party, and shall include attomey's fees, courts
costs, investigative,and out-of-pocket expenses in appellate proceedings.
[SIGNATURE PAGE TO FOLLOW]
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/ ESS WHEREOF, each party has caused this Agreement to be executed by a duly
/ opze¢ tentative.
k,
,�', BOARD OF COUNTY COMMISSIONERS
'�ATTEST' MADOK, CLERK OF MONROE �,.Q�� DA
By: _\1"^^^^'/`' " (/ By:
Deputy Clerk Mayor/Chairman
Witnesses: LICENSEE:
CELLCO PARTNERSHIP D/B/A VERIZON
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Title: Diret-1et Field Engineering
By: Ga16 !. /C Date: 5 g I � at-2) j
Name: :T1 y /gie✓t,e.0
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ASRIB7 COUNTY ATTORNEYS 2-_ Data `r Z
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EXHIBIT C
TSA's Enforcement Sanction Guidance Policy
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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
requirements from the Federal Aviation Administration to TSA On July 21,2009,TSA's Investigative and
Enforcement Procedures,inchiding 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.
PURPOSE: This sanctions policy provides guidance for imposing civil monetary penalties up to$34,777
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 of TSA regulations;it does not restrict TSA 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 first time violations and where mitigating factors exist. Based on substantial
aggravating or mitigating factors,TSA may seek a sanction amount that falls outside the Table's sanction
ranges.
1
AGGRAVATING and MITIGATING FACTORS: As a general matter,TSA considers the following
aggravating and mitigating factors:
1. Significance or degree of the security risk created by the violation;
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;
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 Prey®;
D. The firearm was carried on the violator's person;
E. The firearm has a round that is chambered;or
---- --F. The firearm's safety is off.
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 ind rect
air carrier. Deterrence tgainst 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.
SMALL BUSINESS ENTITIES: The maximum civil penalty that may be 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 civilpenahy
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, a
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 monetarypenalties as minimum,moderate,or maximum for
2
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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 $12,500-$25,000
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 $7,100-$I1,904
Moderate $3,600-$7,I00
Minimum $1,I50-$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 $I0,500-$13,910
Moderate $5,500-$10,500
Minimum $I,350-$5,500
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SANCTION CIIIDANCE TABLE
1. 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 allow TSA hspection Max.
4. Failure to provide evidence of regulatory compliance Max.
5. Failure to provide SIDA access ID to TSA personnel Mod.
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.
7. Failure to restrict the distribution,disclosure of SSI Min.-Max.
8. Failure to notify TSA of changes to its security program Min.
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 enfomementresponse Min:Mod.
14. Failure to implement a Security Directive Max.
15. False entry in record or report Max.+Criminal Referral
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
*Aupurt tenants operating under valid Exclusive Area Agreements assume respomibilty 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.
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IL AIRCRAFT OPERATOR AND AIR CARRIER
1. Failure to carry out security program(covers all violations
of security program requirements;general violation to be
used if more specific violation is not listed in the Table) Mod.-Max.
2. Faihre to allow TSA hspection 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
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
7c. Failure to screen cargo:unscreened cargo did not fly on passenger aircraft Min. per piece
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.
II. Failure to comply with criminal history records c heck requirements Max.
12. Failure to comply with requirements for aircraft operator-issued
identification and access media Mod.
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.
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Id OTHER AVIATIONSECURITY REQUIREMENTS
Part 1550:
Failure to comply with a security requirement set forth in,
or pursuant to,49 C.F.R.part 1550 Max.
Flight Training Providers:
Failure to comply with any requirement issued pursuant to
49 U.S.C. §44939 and set forth in 49 C.F.B.part 1552 Mod.-Max.
Flight training providers that are also aircraft operators are subject to a civil penalty maximum of up to
$34,174 per violation. Flight training providers that are not aircraft operators am subject to a civil penalty
maximum of up to$13,669 per violation.
49 USC 46301(a)(6):
Failure to collect airport security badges(by employees Max.
other than government or airport operators)
IV. CARGO SECURITY
This part applies to all persons who offer,accept,or transport 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 invite required training Mod.
4. Failure to inform agent in writing of responsbrlities under the program Mod.-Max.
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.
S. Failure to restrict distribution of security program or
implementing instructions to persons with a need to know Mod.-Max.
9. Fa0ure to maintain or to be able to produce a current listing of
authorized agents/contractors(chronic or intentional failures) Mod.-Max.
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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/statement required under the
security program Max.+Criminal Referral
13. Faihire to control access to cargo by unauthorized persons Mod.-Max.
14. Failure to transport cargo in kicked or closely-monitored vehicle
(includes CCSF chain-of-custody violations) Mod:Max.
15. Failure to comply with cargo-acceptance requirements Mod.-Max.
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
Max.
17b.Failure to screen cargo:unscreened cargo flew on passenger
aircraft Max.per piece
I 7c.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-TILE-ROAD BUS OWNERS/OPERATORS
Inspection
1. Denial of access to property or failure to cooperate with TSA Inspector Max.
Responsibility 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
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Recordkeeping
4. No records or failure to maintain records Max.
5. No records or failure to maintain records(pattern ofnon-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
8. No system in place to report security concems/incidents Max.
9. Failure to report significant security concern(single event) Min.
10. Failure to report significant security concern(patter of non-compliance) Mod.-Max
Chain of Custody(Toxic Inhalation Hazard)
I1. 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.
17. Failure to perform security inspection per 49 CFR 4 174.9 Min.
Location and Shipping Information
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 l 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.
8
VI. INDIVIDUALS
I. Security Violations by Individuals for Prohibited Items
Discovered at Checkpoint/Sterile Area/Onboard Aircraft
A. Firearms(including 3D-printed),Realistic Firearm Replicas,and Shocking Devices
i Loaded firearms(or unloaded firearms with accessible $3,000-$10,000+
ammunition) Criminal Referral
or
$10,000-$13,910
+Criminal
Referral(repeat
offense)
ii Unloaded frearms $1,500-$2,475+
Criminal Referral
iu BB, pellet, and compressed-air guns; flare and starter $360-$2,090
pistols;realistic replicas of firearms(including gun
lighters or training devices/aids);permanently inert
frearms;spear guns;stun guns,cattle prods,or other
shocking devices
iv. Silencers,mufflers,fames and/or receivers $2,090-
$4,170+
Criminal
Referral
B. Sharp Objects
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
and machetes
ii throwing stars $360-$2,090
C. Incendiaries
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
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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;a0 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(reworks,professional
display fireworks;flares;gunpowder(10 oz.or less); $360-$2,090+
ammunition Criminal Referral
2. Security Violations for Prohibited Items Discovered in Checked Baggage
A. Firearms
i Loaded(rearms $1,390-$2,780+
Criminal Referral
ii. Undeclared and/or improperly packaged fiearms;
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 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+
Criminal Referral
3. Other Security Violations by Individuals or Persons'
A. Attempt to circumvent a security system,measure,or
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procedure by the artful concealment of a non-explosive
liquid, aerosol,or gel(other than those permitted) $130-$280
B. Interference with screening
i Assault with injury $10,500-$13,910
ii Assault without injury $5,420-$10,500
iii Non-physical interference $2,090-$5,420
iv. Fake threats $1,390-$4,170
C. Entering sterile area without submitting to screening $690-$4,170
D. Tampering or interfering with,compromising,modifying,
attempting to circumvent,or causing a person to tamper or Sanction amount
interfere with,compromise,modify or attempt to circumvent any based on
security system,measure,or procedure. Includes the artful underlying
concealment of prohibited items(except for those prohibited seemly
items covered by section WA,above) requirement
E. Entering or being present within a securedarea,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,l70
G. Fraud and intentional falsification $3,460-$8,340+
Criminal Referral
H. 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.
11
*I"r"by
•
isrfl
VIL SECURITY VIOLATIONS RELATED TO THE TRANSPORTATION WORKER
IDENTIFICATION CREDENTIAL (TWIC)
I. Misuse ofaTWIC $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 ofaTWIC $590-$1,190
5. Failure to allow inspection ofaTWIC $590-$1,190
6. Fake application for aTWIC $1,190-$3,560+
Criminal Referral
7. Failure to surrender aTWIC $590-$1,190
8. Fraud,intentional falsification $1,190-$3,560
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
public building or public work, may not submit bids on leases of real property to public entity,may
not be awarded or perform work es a CONTRACTOR,supplier,subcontractor,or CONTRACTOR
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 c.mrfl'Sanws Wilton WO"' (Respondent's name)
nor any Affiliate has been placed on the convicted vendor list within the last 36 months.
ge-C2
(Signature) kWh Powellou Engineering
Date: S /�/ a03/
STATE OF: nil RI Dk
COUNTY OF: {1iII5b -016ti
Subscribed and sworn to(or affirmed) before me, by means of tphysical presence or 0 online
notarization, on ,Ja 1 ITh'LL/ n2`be2/ (date)
by Kevin Powell A (name of Want). He/She is personally known
to me or has produced (type of identification) as
identification.
P
NOTARY PUBLIC
v crams
wo cons,„w„ nson My Commission Expires: kiaq14.5-
Nil Expires 0e24/2pg5
SWORN STATEMENT UNDER ORDINANCE NO.010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
" Celloo Partnership d//a Vetoer 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
former County ot0cer or employee.' /LLAjt.-‘,
(Signature) Powell
I Field Engineering
Date: .� / ,Q G2/
STATE OF: -FI--bpI Drt
COUNTY OF: fi)IlSbor66 j{L
Subscribed and sworn to(or affirmed)before me, by means of O physical presence or O online
notarization, on o°I I Mkt / (Pa-/ (date)
by Kevin Powell (1 (name of affront). He/She is personally
known to me or has produced (type of Identification)as
identification.
.45046 Notryitublc Slab Raven arrbey m.lo P. /l!-f dQdti
NandilwwnCannon a ++war NOTARY PUBLIC
My Commission Expires: (421+AS
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s):
Respondent Vendor Name: Callao Partnership d/b/a Vwtzon Wireless
Vendor FEIN: 22-3372889
Vendor's Authorized Representative Name and Title: KeNm Powel,Director-Network held Engineering
Address: One Vedzon Way,Mel Map 4AW100
City: Basking 8819a 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
entering into or renewing a contact for goods or services of any amount it at the time of contracting or
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 S1,000,000 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
Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,003,000 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.
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 costa.I further 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 Israel 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.
Certified By: Kevin Powell who is authorized
to sign on behalf of the ab,o, ferenced
Authorized Signature: / '-4- _
Print Name: Kevin Powe
Title: DlrectorNetwvrk Field Enyneertg
Note:The List are available at the following Department of Management Services Site:
htto://www.dms.mvtlorida.com/business operations/state ourchasinr/vendor information/convicted sus
pended discriminatory complaints vendor lists
Pamela G. Hancock
From: Dleon-Erick <Dleon-Erick@MonroeCounty-FL.Gov>
Sent: Tuesday,June 29, 2021 2:08 PM
To: Pamela G. Hancock; Leto-Beth
Cc: Campo-Abra
Subject: RE:Verizon
Follow Up Flag: Follow up
Flag Status: Flagged
Hi Pam,
Insurance is not required until prior to die commencement of work, and shall be maintained throughout die term
of the agreement.The term begins on die first day of the month immediately following die date upon which
licensee begins installation of the system.We will verify COIs are provided prior to work and valid for the
duration of die teen.
Also I've confirmed with Verizon drat no ID was listed on the notary as die signee (Kevin Powell) is personally
known to the notary (Doris Roosen).
Please let me know if you have any other questions, thanks!
Erick Dixon
M: (786) 647-9416
—Original Message—
From: Pamela G. Hancock <pha cock@monroeclerk.com>
Sent: Tuesday,June 29, 2021 12:53 PM
To: Leto-Beth <I eto-Beth@MonroeCounty-FL.Gov>
Cc: Dleon-Erick <Dleon-Erick@MonroeCounty-FL.Gov>; CamlxrAbra<Campo-Abra@monroccounty-ll.gov>
Subject: RE: Verizon
Importance: High
CAI JTION: This email originated from outside of die County. Whether you know die sender or not, do not
click links or open attachments you were not expecting.
Beth,
There are insurance requirements listed in the agreement, but no approved insurance was submitted with the
document. Also, the Notary Public did not complete die notary section of the attached two documents. The
document cannot be executed until we receive the insurance and the notary corrects die forms.
Regards
r