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02/16/2022 Agreement GOR CCURTO C1) �Ps,°. ."Ev Kevin Madok, CPA 10 p County, ",z;;;;;,-.r Clerk of the Circuit Court&Comptroller—Monroe Florida DATE: March 8, 2022 TO: Beth Leto,Airports Business Manager FROM: Pamela G. Hanco'ayi1.C. SUBJECT: February 16th BOCC Meeting Attached is a copy of the following item for your handling: K5 Rental Car Concession Agreement with Avis Budget Car Rental, LLC at Florida Keys Marathon International Airport. Should you have any questions,please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 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 DocuSIgn Envelope ID:FA232291-C697-4ABC-ADFE•8228F4298A28 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 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 attomey'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 48.h)shall survive the cancellation . N a ally,of this Agreement and shall be in full force and effect. C ;� � �wl�I 'ESS WHEREOF,each party has caused this Agreement to'be executed by a duly 1 'aut :z rdp ntative. •V L4 = BOARD OF COUNTY COMMISSIONERS - \v A EST IN ADOK,CLERK OF MONROE COUN ,FLORIDi �,3 By. By: — As Deputy Clerk Mayor D .ce `,• = TjC^ r :` --i C-� ,, a C) ATTEST: �,ESSIONAIRE: &,...6 ocal.e by: [ Ø4YUUPGET .CAR RENTAL,LLC. 7Af1Y Mpo3,4':40f. 0889F7M72F145A ee®Fxso_ By Anne D.Morrison, Vice President Title: if ii.•.:!; %%Ad. :,.- ..„; :::, Ey NI ...•.'Y?� �.: •.• __ Date. o