Broward County Commission Regular Meeting
Director's Name: Mark Gale
Department: Aviation Division: Security
Information
Requested Action
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MOTION TO APPROVE Other Transaction Agreement No. 70T01023T7668N030, as modified by Modification No. 00001, with the Transportation Security Administration for payment to Broward County of electrical consumption costs, including passenger screening checkpoints, associated with security operations at Broward County’s Fort Lauderdale-Hollywood International Airport, with an initial one-year term commencing on September 1, 2023, and four automatic, successive one-year renewal terms; authorizing the Mayor and Clerk to execute same; and authorizing the Director of Aviation to execute future amendments to the Other Transaction Agreement.
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Why Action is Necessary
The Broward County Board of County Commissioners (“Board”) must approve all agreements and associated actions.
What Action Accomplishes
Approves the Other Transaction Agreement No. 70T01023T7668N030, as modified by Modification No. 00001, with the Transportation Security Administration (“TSA”) for payment to Broward County (“County”) of electrical consumption costs associated with security operations at Broward County’s Fort Lauderdale-Hollywood International Airport (“FLL”) and authorizes the Director of Aviation to execute future amendments to the Other Transaction Agreement.
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Previous Action Taken
None.
Summary Explanation/Background
THE AVIATION DEPARTMENT RECOMMENDS APPROVAL OF THE ABOVE MOTION.
This action approves the Other Transaction Agreement No. 70T01023T7668N030, as modified by Modification No. 00001 (“OTA”), with TSA for payment to the County of electrical consumption costs associated with security operations at FLL.
On August 14, 2018 (Item No. 6), the Board approved OTA No. 70T01018T9NCKP106 with TSA for payment to the County of certain electrical consumption and janitorial costs associated with security operations at FLL for a five-year term. This OTA was modified six times and expired on August 31, 2023. One of the modifications implemented by the TSA in 2020 removed payments for janitorial costs.
On March 2, 2023, the Broward County Aviation Department (“BCAD”) contacted the TSA relative to a replacement OTA. BCAD had a number of exchanges with the TSA for an ongoing period of time. On August 21, 2023, the TSA advised BCAD that it had unilaterally executed another OTA No. 70T01023T7668N030 (Exhibit 1), which only included electrical consumption costs. Subsequently, on November 2, 2023, the TSA advised BCAD that it had issued Modification No. 00001 (Exhibit 2) to this OTA to update certain terms and conditions: such as the OTA being effective upon Board approval and modifying the term of the OTA to be automatically extended for four successive one-year terms annually after its commencement date, not to extend past August 31, 2028.
The proposed OTA will be effective upon Board Approval with a commencement date retroactive to September 1, 2023, for a one-year term and four automatic, successive one-year renewal terms, which are subject to the availability of appropriated funds.
The proposed OTA has been reviewed and approved as to form by the Office of the County Attorney. The OTA does not include the County's standard agreement provisions because TSA requires the County to use TSA’s standard form agreement.
Source of Additional Information
Mark E. Gale, A.A.E., CEO/Director, Aviation Department, (954) 359-6199
Fiscal Impact
Fiscal Impact/Cost Summary
The total payment from the TSA to the County for electrical consumption services for the first year of the OTA is estimated to be $121,208. The total payment from the TSA to the County for the five-year term is estimated to be $606,040.