1st Renewal 07/20/2005
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
July 25, 2005
TO:
Peter Horton, Manager
Monroe County Airports
FROM:
Bevette Moore
Airport Business Administrator
Pamela G. Hanc~
Deputy Clerk 0
ATTN:
At the July 20, 2005, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Landscape Maintenance Extension Agreement between Monroe County and Gardens of
Eden for landscape maintenance at the Key West International Airport.
tI Janitorial Services Renewal Agreement between Monroe County and Judy Bobick for
Janitorial Services at the Key West International Airport.
Enclosed is a duplicate original of each of the above-mentioned for your handling. Should
you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File r/
JANITORIAL SERVICES RENEWAL AGREEMENT
TInS JANITORIAL SERVICES RENEWAL agreement is entered into by and between
Monroe County, a political subdivision of the State of Florida, hereafter "Owner" or "County", and
JUDY BOBICK, hereafter "Contractor".
WHEREAS, on the 21st day of April, 2004, the parties entered into a Contract For Janitorial
Services at Key West International Airport, hereafter original agreement. A copy of the original
agreement is attached to this renewal agreement and made a part of it; and
WHEREAS, the original agreement term ended on April 20, 2005 but the parties desire to
renew the original agreement an additional 1 year; now, therefore,
IN CONSIDERATION of the mutual promises and covenants set forth below, the parties
agree as follows:
1. Paragraph 2 of the original agreement is amended to read:
2. Contract Sum. The County shall pay to the Contractor for the faithful
performance of said service on a per month in arrears basis in each of twelve
(12) months. The Contractor shall invoice KWIA monthly for janitorial
services performed under the Specifications contained herein. The Contract
amount shall be One Hundred Sixty-Seven Thousand, One Hundred Sixty-
nine Dollars and no cents ($167,169.00)
2. Paragraph 4 of the original agreement is amended to read:
4. Term of ContractIRenewal.
a) This contract shall be for a period of one year commencing on April
21, 2005 and terminating on April 20, 2006.
b) Upon completion of the term of this renewal period, the parties shall
have the option to renew for two additional one year periods. The contract
amount agreed to herein may be adjusted annually, on the renewal date of
each year, by a percentage equal to the percentage increase in the CPI for
urban consumers for the preceding calendar year.
c) Should additional service be required at KWIA on a permanent basis,
the additional specific tasks, and costs for these tasks, will be mutually
agreed upon in writing, and approved by the Airport Manager and by the
contractor.
3 The following paragraph is appended to the Janitorial Services Renewal Agreement
and incorporated into the original agreement as paragraph 14.
14. Airport Security.
a. General. The federal Transportation Security Administration is the federal
agency primarily responsible for overseeing the security measures utilized by
the airport owner 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 CPR 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 Dermed. 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 CPR 1540.5. Each
signatory to this Agreement, other than the airport operator, is an airport
tenant.
c. Airport Operator Dermed. As used in this Agreement, airport operator
means Monroe County, Florida, its elected and appointed officers, and its
employees.
d. Airport Property Defined. Airport property shall mean the property
. owned or leased by, or being lawfully used by, the airport operator for civil
aviation and airport-related purposes. For purposes of this Agreement, airport
property is the property generally referred to as the Key West Airport, the
Marathon Airport, or both as may be set forth in this Agreement.
e. Inspection Authority. The airport tenant agrees to allow Transportation
Security Administration (TSA) authorized personnel, at any time or any
place, to make inspections or tests, including copying records, to determine
compliance of the airport operator or airport tenant with the applicable
security requirements of Chapter 49, United States Code, and 49 CPR 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 CPR 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, 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, 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 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 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 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.
(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 ofthe 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 h shall survive the
cancellation or termination of this Agreement, and shall be in full force and
effect.
i. Bold Harmless; Indemnification; Defense; Release; Survival.
Notwithstanding any minimum insurance requirements prescribed elsewhere
in this Agreement, the airport tenant agrees to hold harmless, indemnify,
defend and release the airport operator, and the airport operator's elected and
appointed officers and employees, from any claims, actions, causes of action,
litigation, administrative proceedings, appellate proceedings, or other
proceedings relating to any and all types of injury, including death, loss,
damage, fines, penalties, or business interruption of any nature whatsoever,
of or to any person or property in connection with the use of the airport
property under this Agreement, regardless of causation and including
criminal acts of third parties; and especially including any and all fmes,
penalties, out of pocket expenses, attorney's fees and costs, and costs of
remediation or additional security measures required to be implemented by
any governmental agency (including but not limited to the F ederal Aviation
Administration and the Transportation Security Administration) resulting
from a violation of any federal law or federal regulation. This sub-section
shall survive the cancellation or termination of this Agreement.
4. Except as set forth in paragraphs one, two and three of this Janitorial Services
Renewal Agreement, in all other respects, the terms and conditions of the original agreement remain
in fqllf~and effect.
, .,. .'~c~SS WHEREOF, the parties hereto have set their hands and seals the day and year
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De ty Clerk
BOARD
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COUNTY
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CONTRACTOR
By
Assistant County Attorney
Florida Bar No.: 0084050
P.O. Box 1026
Key West, FL 33041-1026
(305) 292-3470