Broward County Commission Regular Meeting
Director's Name: Mark Gale
Department: Aviation Division: Security
Information
Requested Action
title
MOTION TO APPROVE Other Transaction Agreement No. 70T02025T5900N017 between the Transportation Security Administration and Broward County regarding the Transportation Security Administration Certified Explosives Detection Canine Teams at Broward County’s Fort Lauderdale-Hollywood International Airport, with a term of three years commencing on January 1, 2025, and expiring on December 31, 2027; authorizing the Mayor and Clerk to execute same; and authorizing the Director of Aviation to approve and execute future amendments to Other Transaction Agreement No. 70T02025T5900N017 that do not impose any additional costs or material risk to Broward County, subject to review and approval by the Office of the County Attorney for legal sufficiency.
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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 Other Transaction Agreement No. 70T02025T5900N017 (“OTA”) between the Transportation Security Administration (“TSA”) and Broward County (“County”) regarding the TSA Certified Explosives Detection Canine Teams (“Canine Teams”) at Broward County’s Fort Lauderdale-Hollywood International Airport (“FLL”) and authorizes the Director of Aviation (“Director”) to approve and execute future amendments to OTA that do not impose any additional costs or material risk to the County subject to review and approval by the Office of the County Attorney for legal sufficiency.
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Previous Action Taken
None.
Summary Explanation/Background
This action approves the OTA and authorizes the Director to approve and execute future amendments to the OTA that do not impose any additional costs or material risk to the County, subject to review by the Office of the County Attorney for legal sufficiency.
On May 4, 2021 (Item No. 38), the Board approved Other Transaction Agreement No. 70T02020T9NNCP429 with a retroactive commencement date of July 1, 2020, and for a term of a one-year base funding period followed by an additional four one-year funding periods for a total of five years and authorized the Director to approve and execute all amendments to the OTA.
On May 4, 2023, the Director approved and executed an amendment to Other Transaction Agreement No. 70T02020T9NNCP429 that modified the original base funding period from one year to six months. The new term was then modified to a total of four years and six months, with an expiration date of December 31, 2024.
On July 12, 2024, the Broward County Aviation Department ("BCAD") contacted the TSA to inquire about amending the existing OTA or establishing a new one. At that time, the TSA did not provide an official update, but they advised BCAD to follow up for an update at the end of September.
BCAD made two additional inquiries on October 8, 2024, and November 4, 2024. On November 25, 2024, BCAD received a new OTA. This new agreement came with several requirements that required thorough vetting by various County agencies. Due to the extensive review process, the vetting extended beyond the original expiration date of December 31, 2024, resulting in a retroactive date for the commencement of the agreement.
The OTA will be effective upon Board approval with a retroactive commencement date of January 1, 2025, for a term of three years, and is currently unfunded with no direct reimbursement to the County. The OTA provides, among other things, canines, explosive training for both the canines and handlers, various types of related equipment for the canines, and training aids for the handlers, all subject to specific care and keeping requirements in accordance with the OTA.
The 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.
The OTA is determined to be a confidential exhibit as part of this action as it describes specific information regarding FLL’s Airport Security Program and is considered to be Sensitive Security Information. No part of such exhibit may be disclosed to persons without a "need to know" as defined in 49 Code of Federal Regulations Parts 15 and 1520, except with the written permission of the Administrator of TSA or the Secretary of Transportation.
Furthermore, the OTA represents portions of the Airport Security Program related to the Canine Teams Program, which are exempt from disclosure under the Florida Public Records Act, Section 119.071(3), Florida Statutes. Unauthorized release of this information may result in civil penalty or other actions.
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 approximate cost for the EDCT (including care and maintenance of the canines) for the three-year term is $7,682,100.