AGREEMENT between BROWARD COUNTY and Cummings ...

Exhibit 2
Page 81 of 379
Terminal 4 Gate Replacement – Western Expansion
year following the end of this Agreement.
ARTICLE 35 – AIRPORT SECURITY
35.1 CONTRACTOR shall be required to comply with all applicable written COUNTY Aviation
Department policy statements and all applicable federal and state legal requirements,
including without limitation, the following:
35.1.1 CONTRACTOR agrees to observe all security requirements and other
requirements of the Federal Aviation and Customs and Border Protection
Regulations applicable to CONTRACTOR, including without limitation, 49 C.F.R.
Part 1542 and 14 C.F.R. Part 139. The CONTRACTOR agrees to comply with
the Airport Security Program and the Air Operations Area (AOA) Vehicle Access
Program, and amendments thereto, as approved by the Transportation Security
Administration, and with such other rules and regulations as may be reasonably
prescribed by the COUNTY or the PMO, and to take such steps as may be
necessary or directed by the COUNTY or the PMO to insure that any and all
subconsultants, Subcontractors, agents, employees, invitees and guests observe
such requirements.
35.1.2 If as a result of the acts or omissions of CONTRACTOR, its Subcontractors,
agents, employees, invitees or guests, the COUNTY incurs any fines or penalties
imposed by the Transportation Security Administration or the Federal Aviation
Administration or any expense in enforcing the regulations of the Transportation
Security Administration or the Federal Aviation Administration, including without
limitation, 49 C.F.R. Part 1542 and 14 C.F.R. Part 139 or any expense in
enforcing the Airport Security Program or any expense in enforcing the rules and
regulations of the COUNTY, then CONTRACTOR agrees to pay and reimburse
to COUNTY all such costs and expenses, including all costs of administrative
proceedings, court costs, and attorneys fees and all costs incurred by COUNTY
in enforcing this provision. Said costs shall not constitute Cost of the Work.
CONTRACTOR further agrees to rectify any security deficiency caused by
CONTRACTOR, its Subconsultants, Subcontractors, agents, employees, invitees
or guests, or other deficiency as may be determined as such by the COUNTY or
the Federal Aviation Administration. In the event CONTRACTOR fails to remedy
any such deficiency, the COUNTY may do so at the cost and expense of
CONTRACTOR. The COUNTY reserves the right to take whatever action is
necessary to rectify any such security deficiency or other deficiency. The
provisions hereof shall survive the expiration or any other termination of this
Agreement. CONTRACTOR shall include this provision in any contracts with any
subconsultants, contractors or Subcontractors.
35.1.3 Access to Security Identification Display Areas and Identification Badges (SIDA
Badges): The CONTRACTOR shall be responsible for requesting the Aviation
Department to issue identification badges to all employees who are authorized
and need access to the Security Identification Display Area (SIDA) on the Airport,
as designated in the Airport Security Program in order to fulfill contractual
CM @ Risk Agreement R0787918R1 Page 80 of 85