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AGREEMENT between BROWARD COUNTY and Cummings ...

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Exhibit 2<br />

Page 82 of 379<br />

Terminal 4 Gate Replacement – Western Expansion<br />

obligations under this Agreement. Refer to Exhibit 9, for additional comments. In<br />

addition, CONTRACTOR shall be responsible for the immediate reporting of all<br />

lost or stolen SIDA badges <strong>and</strong> the immediate return of the SIDA badges of<br />

CONTRACTOR’s personnel transferred from the Airport or terminated from the<br />

employ of the CONTRACTOR, or upon termination of this Agreement. Before a<br />

SIDA badge is issued to an employee, CONTRACTOR shall comply with the<br />

requirements of 49 C.F.R. Part 1542 with regard to employment history,<br />

verification <strong>and</strong> criminal background checks, <strong>and</strong> shall require that each<br />

employee complete the SIDA training program conducted by the Aviation<br />

Department. The CONTRACTOR shall pay or cause to be paid to the Aviation<br />

Department such charges as may be established from time to time for lost or<br />

stolen SIDA badges <strong>and</strong> those not returned to the Aviation Department in<br />

accordance with this Article. The Aviation Department shall have the right to<br />

require the CONTRACTOR to conduct background investigations <strong>and</strong> to furnish<br />

certain data on such employees before the issuance of SIDA badges, which data<br />

may include the fingerprinting of employee applicants for such badges.<br />

35.1.4 Operation of Vehicles on the AOA: Before the CONTRACTOR shall permit any<br />

employee to operate a motor vehicle or motor driven equipment of any kind or<br />

type on the AOA (<strong>and</strong> unless escorted by an Aviation Department-approved<br />

escort), the CONTRACTOR shall ensure that all such vehicle or equipment<br />

operators possess current, valid <strong>and</strong> appropriate licenses. In addition, any motor<br />

vehicles <strong>and</strong> equipment of CONTRACTOR operating on the AOA must have an<br />

appropriate vehicle identification permit issued by the Aviation Department, which<br />

identification must be displayed as required by the Aviation Department.<br />

35.1.5 Consent to Search/Inspection: The CONTRACTOR agrees that its vehicles,<br />

cargo, goods <strong>and</strong> other personal property are subject to being inspected <strong>and</strong><br />

searched when attempting to enter or leave <strong>and</strong> while on the AOA.<br />

CONTRACTOR further agrees that it shall not authorize any employee or other<br />

person to enter the AOA unless <strong>and</strong> until such employee or other person has<br />

executed a written consent-to-search/inspection form acceptable to the Aviation<br />

Department. CONTRACTOR acknowledges <strong>and</strong> underst<strong>and</strong>s that the foregoing<br />

requirements are for the protection of users of the airport <strong>and</strong> are intended to<br />

reduce incidents of cargo tampering, aircraft sabotage, thefts <strong>and</strong> other unlawful<br />

activities at the Airport. For this reason, CONTRACTOR agrees that persons not<br />

executing such consent-to-search/inspection form shall not be employed by the<br />

CONTRACTOR at the Airport in any position requiring access to the AOA or<br />

allowed entry to the AOA by the CONTRACTOR.<br />

35.2 The <strong>COUNTY</strong> shall have the right, but not the duty, to conduct such audits of the<br />

CONTRACTOR’s employment records as it deems desirable to investigate the<br />

CONTRACTOR’s compliance with this Article 35. The <strong>COUNTY</strong> may terminate this<br />

Agreement for default if it finds any evidence which indicates that the CONTRACTOR<br />

has not complied with the obligations imposed by this Article.<br />

CM @ Risk Agreement R0787918R1 Page 81 of 85

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