HomeMy WebLinkAboutItem I02 I2
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor James K.Scholl,District 3
The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2
Craig Cates,District 1
David Rice,District 4
Holly Merrill Raschein,District 5
Board of County Commissioners Meeting
March 25, 2025
Agenda Item Number: I2
2023-3733
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Richard Strickland
N/A
AGENDA ITEM WORDING: Ratification of Use of Airport Property Agreement and approval to
use the Airport Property Agreement in lieu of a formal lease with the Florida Division of Emergency
Management(FDEM), as executed by the Executive Director of Airports, for use of 2600 sq. ft. of
space at the Florida Keys Marathon International Airport(Airport)by the Florida National Guard while
conducting military flight operations.
ITEM BACKGROUND:
Governor DeSantis declared a state of emergency in response to a surge in immigration along Florida's
coastline. Initially, due to the declared state of emergency, the National Guard was housed at the
Airport at no cost while performing their mission with their Aircraft and Helicopters. As time passed it
became apparent that the declaration of emergency and the National Guard's mission was going to be
more than just a short-term temporary situation. Thereafter staff appropriately reached out to FDEM in
order to come to an agreement on the use of, and payment for the use of the space occupied by the
National Guard.
In accordance with Monroe County Resolution No. 065-2015, the Executive Director of Airports
executed the use of airport property agreement as it does not require an expenditure of airport or county
funds and is in fact, now, revenue producing.
PREVIOUS RELEVANT BOCC ACTION:
Approval of Resolution No 065-2015 on March 18, 2015.
INSURANCE REQUIRED:
No
1976
CONTRACT/AGREEMENT CHANGES:
Use of airport property agreement on a month-to-month basis effective August 1, 2024, at the rate of
$4,892.00 per month.
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Resolution 065-2015.pdf
9-10-2024—FDEM-FL—National—Guard fully_executed—use—of airport property(gpj 3.11.25).pdf
FINANCIAL IMPACT:
Revenue producing $4,892.00 per month
1977
00
ti
Resolution NO. 065 - 2015
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COUNTY,MONROE FLORIDA, AUTHORIZING THE DIRECTOR OF
AIRPORTS OR HIS DESIGNEE TO SIGN EXECUTE STANDARD
LETTER F AGREEMENTS, STANDARD MEMORANDUMSF
UNDERSTANDING THEDOCUMENTS OF A SI ILIA
NATURE RELATED TO MAINTAININGTHE ROUTINE
OPERATIONAL E I E TS OR PROCEDURES OF AN
AIRPORT, T THE KEY WEST INTERNATIONAL I THE
FLORIDA KEYS MARATHON AIRPORT.
WHEREAS,the Key West International Airport(Airport)and the Florida Keys Marathon Airport is
routinely tasked with interacting with outside agencies such as the National Weather Service, Federal
Aviation Administration, Transportation Security Administration, U.S. Coast Guard, and other similar
agencies,and
WHEREAS, the county regularly executes documents with said agencies such as Letters Of
Agreement and Memorandums Of Understanding to memorialize and/or coordinate routine day to day
matters and/or procedures, and
WHEREAS, currently, the Board of County Commissioners (Board) must approve all agreements
prior to execution which can cause up to a six week delay in implementation of said matters and
procedures,and
WHEREAS,the Board desires to eliminate this delay in the implementation of airport related
matters and procedures,now therefor,
BE IT RESOLVED THAT T I I COUNTY,FLORIDA,
HEREBY:
1. Finds that Letters of Agreement (Agreement) and Memorandums Of Understanding
(Memorandum) and related documents, when said Agreements, Memorandums and related
documents memorialize and/or coordinate routine day to day matters and/or procedures and
o not require an expenditure of airport or county funds are routine matters that do not need
to go before the board for approval before execution.
2. Authorizes the Director of Airports,currently Don DeGraw,or his designee to execute such
documents as required.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting
of said Board held on the 1 th day of March,2015.
Mayor Kolhage
®Mayor Carruthers
i Commissioner Neugent Yes�
Commissioner
ice Yes
` Murphy Tep __1
a .
Amy
vilin,Clerk I SI S
q�s dam F MONROE COUNTY,FLORIDA
By: y®
e ler it n
r.
r
po
r--
-{
<_
'n' G
r "t
ROE G
GVECI
ASS` PEDRO Y
ate
IV
THE FLORIDA KEYS MARATHON INTERNATIONAL AIRPORT
9400 Overseas Highway, Suite #200, Marathon, Florida 33050
Phone: 305-289-6060; Fax: 305-743-0396
REQUEST FOR USE OF AIRPORT PROPERTY
Application Date:Au ust 1 2Q24
Name of Individual or Organization and Contact Person:ia>oa. -
Address:.. 5�111>
___ r.
Telephone number: L5L:60 —
Email ('\e t rZ �.... t
Specific location on Airport property requested: Terminal Departure Lounge
Intended Use: Military,Flight Operations
Date(s)requested:August 1 2024-
Fees per month:2,600 s ft 22,58 Annually - 4 892/mo,
Terms:Month to Month Agreement,sublect to cancellation by the Executive Director of Airports upon 30 days,notice,
Payable To: Monroe CLunty Board of County Commissioners MCBOCC
Signature of Authorized Representative of Requesting Organization:
Approval of Executive Director of Airports/date: ._. ,
010
1980
APPENDIX B
May 2024
MONROE COUNTY BOARD OF COMMISSIONERS
EVENT AND USE OF COUNTY PROPERTY
HOLD HARMLESS AND INDEMNITY AGREEMENT
For and in consideration of having been granted permission by the Monroe County Board
of Commissioners, County Administrator, and/or Assistant County Administrator, or his/her
designee to hold an Event within Monroe County limits or on Monroe County property, the
Undersigned on behalf of the organization hereby agrees on behalf of the organization,to protect
and hold harmless Monroe County, its subsidiaries or affiliates, elected and appointed officials,
employees,volunteers,representatives and agents from(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 that may be asserted against, initiated with respect to, or sustained by,
any indemnified party by reason of, or in connection with,(A) any activity of Undersigned or any
of Undersigned employees, agents, contractors or other invitees, (B) the negligence or willful
misconduct of Undersigned or any of its employees, agents, sub-contractors or other invitees, or
(C) Undersigned's default in respect of any of the obligations that it undertakes under the terms of
this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings,
costs or expenses arise from the intentional or sole negligent acts or omissions of the County or
any of its employees, agents, contractors or invitees (other than Undersigned) arising out of or
occurring in connection with the event or the use of County property described herein.
The Undersigned also agrees to protect and hold harmless Monroe County, its subsidiaries
or affiliates, elected and appointed officials, employees, volunteers, representatives and agents
from any present, past or future claims which may be asserted by this organization, or any member
of this organization or any participation or third party arising out of or occurring in connection
with this event or the use of County property.
That as the consideration of the County entering into this Agreement with the Undersigned,
it is agreed and understood that the Undersigned shall indemnify the County against any and all
claims or expenses or losses of any type, which are related to or arising from the participation of
the Undersigned in this event. The Undersigned agrees and understands that a part of said
consideration for this Agreement shall include the Undersigned's promise that any rights to bring
suit against the County and any rights to compensation therefrom on any matters arising from or
otherwise related to Undersigned's participation in this event have been knowingly and willingly
relinquished by the Undersigned under this Agreement.
The Undersigned therefore agrees to save harmless, indemnify, and defend the County,
including its subsidiaries and affiliates, its consultants, agents, volunteers, elected and appointed
officers, and employees from any and all claims, suits, actions, damages, expenses, losses,
penalties, interest, demands,judgments, and liabilities claims and related expenses in connection
with the loss thereof, and costs of suit, including attorneys' fees, for any expenses, damages, or
liability incurred by any of them, whether for bodily or personal injury, death, property damage,
direct or consequential damages, or economic loss or use thereof, including environmental
impairment, arising directly or indirectly on account of or arising out of the Undersigned's
participation in this event or the use of County property.The Undersigned's obligation shall not be
1981
limited by, or in any way to, any insurance coverage or by any provision in or exclusion or
omission from any policy of insurance. The Undersigned agrees to pay on behalf of Monroe
County, as well as provide a legal defense for the County, both of which will be done only if and
when requested by the County, for all claims made. Such payment on behalf of the County shall
be in addition to any and all other legal remedies available to the County and shall not be
considered to be the County's exclusive remedy.
Or in the case of another Cover nment a ene
The State of Florida Division of Emergency Managementas a state agency or subdivision defined In
Section 768,28,Florida Statutes,agrees to be fully responsible to the limits set forth in such statute
for its own negligent acts or omissions, or intentional tortious actions, which result in claims or
suits against either County or State of Florida Division of Emergency Management('DEM')and agrees to be liable
to the statutory limits for any damages proximately caused by said acts or omissions, or intentional
tortious acts.
The County,as a political sub-division of the State of Florida,as defined in Section 768.28,
Florida Statutes, agrees to be fully responsible to the limits set forth in such statute for its own
negligent acts or omissions, or intentional tortious acts, which result in claims or suits against
either the state of Florida DEM _ _ or County, and agrees to be liable to the statutory
limits for any damages proximately caused by said acts or omissions, or intentional tortious acts.
Nothing contained in this Section shall be construed to be a waiver by either party of any
protections under sovereign immunity, Section 768.28 Florida Statutes, or any other similar
provision of law.Nothing contained herein shall be construed to be a consent by either party to be
sued by third parties in any matter arising out of this or any other Agreement.
1982
Those who are hereby released shall not be stopped or otherwise barred from asserting any
expressly reserved right to assert any claim or cause of action they may have against the
Undersigned or any others.
This Agreement shall be interpreted under and its performance governed by the laws of the
State of Florida.The parties agree that any action relating to this Agreement shall be instituted and
prosecuted in the courts of Leon County, Florida, and therefore, each party to this Agreement
hereby waives the right to any change of venue.
By the signature to this document, the undersigned acknowledges that it understands the
contents of this document and is voluntarily agreeing to its terms. The undersigned is authorized
and holds the actual authority as the Legally Authorized Representative or this organization to
enter into this Agreement and the organization has delegated such signatory authority to me.
In witness whereof I/we have hereunto set my/our hand and seal this
day of ' in the year.
NAME OF EVENT
DATE(S) OF EVENT � �wM
LOCATION OF EVENT
PURPOSE OF EVENT
Individual or Organization/Sponsor's Name
Signature of_L!p Authorized Representative
a
Fd inted Name
Title
State of Florida
County of Monroe
SUBSCRIBED AND SWORN to ( � affirmed before me) l y nie°uiS of physical presence or
online I t r atlo I 1 on this da of � LIA, by
�u". ► w " who is ersonall'y known to me or Iias produced
(type of identification) as identification,
SHEILA O.TRELTAS
l* A Commission#HH 2O6365
' Ex res December 26,2025
1983
The Florida Keys Marathon International Airport—Main Terminal
Exhibit B—Page 1
ga.
w
DepaMue Lounge
2,600 sq.fL �„g
I �
s
V Floor n
I
11,000 sq.ft. _
U
I
Main Terminal—la Floor,11,000 sq.ft. Departure Lounge-2,600 sq;fL
• Walkways,curbs and entryways harachani port
tSPFLOJW VU4W 1u12620
• Public areas of the terminal
• Doors and windows
1984