Common use of Optional Facilities Clause in Contracts

Optional Facilities. A. County, in the sole discretion of the Director of Aviation, may make certain portions of Airport property ("Airport Optional Facilities") available for Contractor's use, including, but not limited to, areas for maintenance of vehicles, administrative offices, and other operational needs. Contractor shall make a written request to the Director of Aviation if it requires Airport Optional Facilities. If Airport Optional Facilities are available and necessary for Contractor's use, as determined by the Director of Aviation, then the Director of Aviation shall give written notice thereof to Contractor of the availability of Airport Optional Facilities. Within thirty (30) calendar days following such notice from the Director of Aviation, Contractor shall advise the Director of Aviation in writing if it desires to use such Airport Optional Facilities. The Parties, with the Director of Aviation acting on behalf of County, shall amend the Agreement to designate such Airport Optional Facilities made available for Contractor's use. Contractor shall not pay rent for any such Airport Optional Facilities, but is required to maintain all Airport Optional Facilities. B. The Director of Aviation may at any time following Contractor's occupancy of Airport Optional Facilities take back such area(s) for other County purposes. In such event, the Director of Aviation shall give Contractor at least four (4) months prior written notice that it must vacate the Airport Optional Facilities and Contractor shall be required to leave by the date specified in the Director of Aviation's notice. Improvements may not be made to the Airport Optional Facilities without the written consent of the Contract Administrator. All improvements to the Airport Optional Facilities by Contractor approved by the Contract Administrator shall be Reimbursable Expenses pursuant to the Agreement, and title thereto shall vest in County. C. Contractor may, with the written consent of the Director of Aviation, lease space off Airport property ("Off-Airport Optional Facilities") for purposes such as the maintenance of vehicles, administrative offices, and other operational needs. Any lease for Off-Airport Optional Facilities shall comply with the following and any other requirements imposed by the Director of Aviation: i. Any lease must be in form and substance satisfactory to the Director of Aviation and must be assignable to County, County’s designee, or any person or entity requested in writing by the Director of Aviation. The Director of Purchasing is authorized to approve any assignment of any such lease to County up to the amount of such Director’s award authority. The assignment to County of any such lease that is over the award authority of the Director of Purchasing shall be approved by the Board. On the expiration or earlier termination of this Agreement, or at such other date, if directed in writing by the Director of Aviation, Contractor shall promptly cause the assignment of such lease to County, County’s designee, or any person or entity requested in writing by the Director of Aviation. ii. Any lease must expire at the end of the Initial Term unless otherwise authorized in writing by the Director of Aviation. iii. Any lease must be on commercially reasonable terms and may not be entered into with an affiliate of Contractor without the prior written consent of the Director of Aviation. The Parties, with the Director of Aviation acting on behalf of County, shall amend the Agreement to designate such Off-Airport Optional Facilities made available for Contractor's use. Contractor is required to maintain all Off-Airport Optional Facilities. D. Notwithstanding anything in this Agreement to the contrary, Contractor shall award any construction work (approved in writing by the Contract Administrator) for the Optional Facilities or Off-Airport Optional Facilities in compliance with Section 255.20, Florida Statutes, including competitively awarding all work that has estimated construction project costs in excess of the threshold amounts established by Section 255.20, Florida Statutes. If estimated construction project costs are in excess of Two Hundred Thousand Dollars ($200,000), Contractor shall be required to provide to County a payment and performance bond that complies with Section 255.05, Florida Statutes.

Optional Facilities. A. County, in the sole discretion of the Director of Aviation, may make certain portions of Airport property ("Airport Optional Facilities") available for Contractor's use’s use and operational needs, including, but not limited to, areas for maintenance of vehicles, administrative offices, and other operational needs. Contractor shall make a written request to the Director of Aviation if it requires Airport Optional Facilities. However, such Optional Facilities may or may not be available to Contractor prior to the Effective Date of this Agreement, or at any point whatsoever during the Term of this Agreement. In the event Contractor secures the use of Airport Optional Facilities, either through County or a third party, Contractor is nevertheless fully and solely responsible for all associated maintenance costs and fees. Under no circumstance shall County be responsible for all such maintenance costs or fees for Airport Optional Facilities used by Contractor. If Airport Optional Facilities are available and necessary for Contractor's ’s use, as determined by the Director of Aviation, then the Director of Aviation shall give written notice thereof to Contractor of the availability of Airport Optional Facilities. Within thirty (30) calendar days following such notice from the Director of Aviation, Contractor shall advise the Director of Aviation in writing if it desires to use such Airport Optional Facilities. The Parties, with the Director of Aviation acting on behalf of County, shall amend the Agreement to designate such Airport Optional Facilities made available for Contractor's ’s use. Contractor shall not pay rent for any such Airport Optional Facilities, but is required to maintain all Airport Optional Facilities. B. The Director of Aviation may at any time following Contractor's ’s occupancy of Airport Optional Facilities take back such area(s) for other County purposes. In such event, the Director of Aviation shall give Contractor at least four (4) months prior written notice that it must vacate the Airport Optional Facilities and Contractor shall be required to leave by the date specified in the Director of Aviation's ’s notice. Improvements may not be made Contractor shall make no improvements, additions, alterations or modifications to any portion of the Airport Optional Facilities without the express written consent of the Contract AdministratorAviation Department. All improvements to the Airport Optional Facilities by Contractor approved by the Contract Administrator Aviation Department shall be Reimbursable Expenses pursuant to the Agreement, and title thereto shall vest in County. C. Contractor may, with the written consent of the Director of Aviation, lease space off Airport property ("Off-Airport Optional Facilities") for purposes such as the maintenance of vehicles, administrative offices, and other operational needs. Any lease for Off-Airport Optional Facilities shall comply with the following and any other requirements imposed by the Director of Aviation: i. Any lease must be in form and substance satisfactory to the Director of Aviation and must be assignable to County, County’s designee, or any person or entity requested in writing by the Director of Aviation. The Director of Purchasing is authorized to approve any assignment of any such lease to County up to the amount of such Director’s award authority. The assignment to County of any such lease that is over the award authority of the Director of Purchasing shall be approved by the Board. On the expiration or earlier termination of this Agreement, or at such other date, if directed in writing by the Director of Aviation, Contractor shall promptly cause the assignment of such lease to County, County’s designee, or any person or entity requested in writing by the Director of Aviation. ii. Any lease must expire at the end of the Initial Term unless otherwise authorized in writing by the Director of Aviation. iii. Any lease must be on commercially reasonable terms and may not be entered into with an affiliate of Contractor without the prior written consent of the Director of Aviation. The Parties, with the Director of Aviation acting on behalf of County, shall amend the Agreement to designate such Off-Airport Optional Facilities made available for Contractor's ’s use. Contractor is required to maintain all Off-Airport Optional Facilities. D. Notwithstanding anything in this Agreement to the contrary, Contractor shall award any construction work (approved in writing by the Contract Administrator) for the Optional Facilities or Off-Airport Optional Facilities in compliance with Section 255.20, Florida Statutes, including competitively awarding all work that has estimated construction project costs in excess of the threshold amounts established by Section 255.20, Florida Statutes. If estimated construction project costs are in excess of Two Hundred Thousand Dollars ($200,000), Contractor shall be required to provide to County a payment and performance bond that complies with Section 255.05, Florida Statutes.