IN THE CIRCUIT COURT OF THE SEVENTEENTH · PDF filePage 2 of 73! BACKGROUND This action seeks...
Transcript of IN THE CIRCUIT COURT OF THE SEVENTEENTH · PDF filePage 2 of 73! BACKGROUND This action seeks...
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IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO.:
TIMOTHY J. WOLTERING, as the Personal Representative of THE ESTATE OF OLGA WOLTERING, Plaintiff, v. DELTA AIR LINES, INC., and ALLIEDBARTON SECURITY SERVICES, LLC, and ALLIED UNIVERSAL CORP., and UNIVERSAL PROTECTION SERVICES, LLC d/b/a ALLIED UNIVERSAL SECURITY SERVICES, LLC, and BROWARD COUNTY BOARD OF COMMISSIONERS d/b/a FORT LAUDERDALE-HOLLYWOOD INT’L AIRPORT, and BROWARD SHERIFF’S OFFICE, a political subdivision of the State of Florida, Defendants. ____________________________________________/
COMPLAINT
COMES NOW, Plaintiff, TIMOTHY J. WOLTERING, as the Personal Representative
of THE ESTATE OF OLGA WOLTERING (hereinafter “Plaintiff”), by and through the
undersigned counsel, hereby sues Defendants, DELTA AIR LINES, INC., ALLIEDBARTON
SECURITY SERVICES, LLC, ALLIED UNIVERSAL CORP., and UNIVERSAL
PROTECTION SERVICES, LLC d/b/a ALLIED UNIVERSAL SECURITY SERVICES, LLC,
BROWARD COUNTY BOARD OF COMMISSIONERS d/b/a FORT LAUDERDALE-
HOLLYWOOD INT’L AIRPORT, and BROWARD SHERIFF’S OFFICE (collectively
“DEFENDANTS”), and respectfully alleges, states, and prays as follows:
Filing # 66260361 E-Filed 01/08/2018 05:31:07 PM
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BACKGROUND
This action seeks damages by TIMOTHY WOLTERING as the personal representative
for his mother, OLGA WOLTERING’s, estate, for her wrongful death. OLGA WOLTERING
was one (1) of five (5) people senselessly shot and killed by DELTA AIR LINES passenger
Esteban Santiago-Ruiz on January 6, 2017, at the Fort Lauderdale-Hollywood International
Airport.
A mass shooting at an airport is a foreseeable threat. DEFENDANTS had knowledge of
the dangerous and long-standing flaws in the airline and airport security. Yet, DEFENDANTS
failed to take reasonable action to prevent harm to passengers. All DEFENDANTS are jointly
and severally liable for the wrongful death of OLGA WOLTERING because they were
negligent, careless, wanton, and reckless in failing to develop, implement, and maintain adequate
airline and airport security systems, failed to implement reasonable and effective security
measures to deter and prevent individuals from easily accessing dangerous and deadly weapons
capable of causing injury or death, and failed to take the necessary measures to protect and
secure the baggage claim area and comply with applicable Florida law.
VENUE AND JURISDICTION
1. This is an action for damages in excess of Fifteen Thousand Dollars ($15,000.00),
exclusive of interest, attorneys’ fees, and costs.
2. OLGA WOLTERING was a resident of Georgia. TIMOTHY WOLTERING
serves as Personal Representative for OLGA WOLTERING’s Estate.1
3. DELTA AIR LINES, INC. is a corporation engaged in the business of air
transportation of passengers for hire. At all times relevant to the Complaint, DELTA AIR 1 Letter Appointing Timothy Woltering Personal Representative of Olga Woltering’s Estate in Georgia attached as Exhibit “A.”
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LINES, INC. operated regularly scheduled flights to Fort Lauderdale-Hollywood International
Airport in Broward County, Florida, including the flights that transported decedent OLGA
WOLTERING and shooter Esteban Santiago-Ruiz to Broward County, Florida.
4. ALLIEDBARTON SECURITY SERVICES, LLC is a corporation engaged in the
business of, and assumed responsibility for, implementing, developing, owning, operating,
managing, maintaining and supervising the airline and airport security systems at Fort
Lauderdale-Hollywood International Airport.
5. ALLIED UNIVERSAL CORP. is a parent corporation exercising control over
ALLIEDBARTON SECURITY SERVICES, LLC, which is engaged in the business of, and
assumed responsibility for, implementing, developing, owning, operating, managing,
maintaining and supervising the airline and airport security systems at Fort Lauderdale-
Hollywood International Airport.
6. UNIVERSAL PROTECTION SERVICES, LLC d/b/a ALLIED UNIVERSAL
SECURITY SERVICES, LLC. is a parent corporation exercising control over
ALLIEDBARTON SECURITY SERVICES, LLC, which is engaged in the business of, and
assumed responsibility for, implementing, developing, owning, operating, managing,
maintaining and supervising the airline and airport security systems at Fort Lauderdale-
Hollywood International Airport.
7. BROWARD COUNTY BOARD OF COMMISSIONERS d/b/a FORT
LAUDERDALE-HOLLYWOOD INT’L AIRPORT is a government entity duly organized to
develop, control, manage and contract for administrative services for Broward County, Florida,
including those required for the operation of the Fort Lauderdale-Hollywood International
Airport.
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8. BROWARD SHERIFF’S OFFICE is a political subdivision of the State of Florida
and the chief law enforcement agency of Broward County, Florida. At all times relevant to the
Complaint, the BROWARD SHERIFF’S OFFICE assumed responsibility for implementing,
developing, operating, managing, maintaining and supervising on-site security services at the
Fort Lauderdale-Hollywood International Airport.
9. Fort Lauderdale-Hollywood International Airport is located at 100 Terminal
Drive, Fort Lauderdale, FL 33315.
10. Venue is proper in Broward County, Florida because the actions giving rise to this
cause of action took place in Broward County, Florida. Specifically, the Defendants transacted
business in Broward County, Florida, and OLGA WOLTERING’s wrongful death occurred in
Broward County, Florida.
11. All conditions precedent to filing this lawsuit have been performed, waived, or
otherwise satisfied.2
GENERAL ALLEGATIONS AND FACTUAL THEORY
The Parties
12. Decedent, OLGA WOLTERING, was a fare-paying passenger aboard DELTA
AIR LINES Flight Number DL 1465.
13. Plaintiff, TIMOTHY WOLTERING, is the duly appointed Personal
Representative of the Estate of OLGA WOLTERING, and thereby has standing to maintain this
action.
14. Defendant, DELTA AIR LINES, is a corporation organized and existing under
the laws of Delaware and maintains its principal place of business in Georgia.
2 Notice provided to each respective Defendant pursuant to Fla. Stat. §768.28(6)(a) and Affidavit of Service attached as Exhibit “B.”
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15. At all times relevant to the Complaint, DELTA AIR LINES was a common
carrier engaged in the business of transporting passengers by air and operated regularly
scheduled flights to and from Fort Lauderdale-Hollywood International Airport.
16. At all times relevant to the Complaint, DELTA AIR LINES was jointly, severally,
and contractually liable by and through its agents, employees, and contractors for maintaining
the airline and airport security systems at Fort Lauderdale-Hollywood International Airport.
17. Defendant, ALLIEDBARTON SECURITY SERVICES, LLC, is a corporation
organized and existing under the laws of Delaware and maintains its principal place of business
in Florida.
18. At all times relevant to the Complaint, ALLIEDBARTON SECURITY
SERVICES was contractually obligated to, engaged in the business of, and assumed
responsibility for implementing, developing, owning, operating, managing, maintaining and
supervising the airline and airport security systems at Fort Lauderdale-Hollywood International
Airport.
19. Defendant, ALLIED UNIVERSAL CORP., is a corporation organized and
existing under the laws of Delaware and maintains its principal place of business in Florida.
20. At all times relevant to the Complaint, ALLIED UNIVERSAL was the parent
corporation exercising control over ALLIEDBARTON SECURITY SERVICES, LLC, who was
contractually obligated to, engaged in the business of, and assumed responsibility for
implementing, developing, owning, operating, managing, maintaining and supervising the airline
and airport security systems at Fort Lauderdale-Hollywood International Airport.
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21. Defendant, UNIVERSAL PROTECTION SERVICES, LLC d/b/a ALLIED
UNIVERSAL SECURITY SERVICES, LLC., is a corporation organized and existing under the
laws of Delaware and maintains its principal place of business in Pennsylvania.
22. At all times relevant to the Complaint, UNIVERSAL PROTECTION SERVICES,
LLC d/b/a ALLIED UNIVERSAL SECURITY SERVICES, LLC. was the parent corporation
exercising control over ALLIEDBARTON SECURITY SERVICES, LLC, who was
contractually obligated to, engaged in the business of, and assumed responsibility for
implementing, developing, owning, operating, managing, maintaining and supervising the airline
and airport security systems at Fort Lauderdale-Hollywood International Airport.
23. Defendant, BROWARD COUNTY BOARD OF COMMISSIONERS, is a
government entity duly organized to develop, control, manage, and contract for administrative
services for Broward County, Florida, including those required for the operation of Fort
Lauderdale-Hollywood International Airport.
24. Defendant, BROWARD SHERIFF’S OFFICE, is the chief law enforcement
agency of Broward County, Florida. At all times relevant to the Complaint, the BROWARD
SHERIFF’S OFFICE assumed responsibility for implementing, developing, operating,
managing, maintaining and supervising on-site security services at Fort Lauderdale-Hollywood
International Airport.
The Wolterings
25. OLGA WOLTERING (“OLGA”) was born on March 14, 1932, in Ipswich,
England as Olga Mabel Warren. She grew up in a large family and was one (1) of seven (7)
children.
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26. OLGA met RALPH WOLTERING (“RALPH”) at nineteen (19) years old while
RALPH was stationed in England as a jet mechanic in the United States Air Force.
27. RALPH and OLGA were married on July 19, 1952.
28. RALPH and OLGA had four (4) children: Michael Woltering, Gary Woltering,
Debra Woltering Holcombe, and TIMOTHY WOLTERING. Their family grew to include nine
(9) grandchildren and eight (8) great-grandchildren.
29. After RALPH’s twenty-two (22) years in the Air Force, OLGA and RALPH
retired to Marietta, Georgia in 1969.
30. During their retirement, OLGA and RALPH were heavily involved in the
Transfiguration Catholic Church. They were active members for almost forty (40) years and led
multiple discussions and retreats.
31. OLGA and RALPH enjoyed cruising and went on twenty-seven (27) cruises
together.
32. In September 2016, RALPH celebrated his ninetieth (90th) birthday and
scheduled a family cruise with Holland America for January 2017, leaving out of Fort
Lauderdale, Florida.
33. RALPH and OLGA scheduled their flight from Atlanta, Georgia to Fort
Lauderdale, Florida on January 7, 2017, but, as that date approached, they changed their flight to
January 6, 2017, to avoid potentially bad weather in and near Atlanta, Georgia.
34. On January 6, 2017, OLGA and RALPH flew from Atlanta, Georgia to Fort
Lauderdale, Florida before their family cruise that was scheduled to sail on January 8, 2017.
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35. TIMOTHY WOLTERING and his wife, Sandra Woltering, were scheduled to fly
from Atlanta, Georgia to Orlando, Florida on January 6, 2017, intending to then travel to Fort
Lauderdale, Florida on January 8, 2017.
36. Michael Woltering and his wife, Margaret Woltering, left Atlanta, Georgia on
January 6, 2017, after dropping RALPH and OLGA off at Hartsfield-Jackson Atlanta
International Airport, and they began driving to Orlando, Florida.
37. RALPH and OLGA arrived at the Fort Lauderdale-Hollywood International
Airport on January 6, 2017, shortly before 1:00 pm via DELTA AIR LINES Flight Number DL
1465.
38. Upon arrival in Fort Lauderdale, OLGA required wheelchair assistance to travel
comfortably from the airplane to the baggage claim area.
39. A porter pushed OLGA from the airplane to the Terminal 2 baggage claim area.
RALPH walked along with OLGA and the porter.
40. Once OLGA and RALPH were situated at the beginning of the appropriate
carousel in the Terminal 2 baggage claim area, the porter left the area with OLGA still in the
wheelchair.
41. After waiting at the carousel next to OLGA for several minutes, RALPH heard
two (2) loud noises that he recognized as gun shots.
42. RALPH immediately dropped to the ground and looked towards OLGA, who was
now laying on the floor and had already sustained a gunshot wound to her head.
43. When the firing stopped, RALPH crawled to OLGA and tried to speak with her,
only to find that she had been killed by the gunfire.
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44. RALPH sat with OLGA’s body while multiple authorities attempted to secure the
scene and began their investigations.
45. RALPH called his son, TIMOTHY WOLTERING, to tell him about the shooting
and that his mother, OLGA, was killed.
46. TIMOTHY WOLTERING and Sandra Woltering switched their flight destination
from Orlando, Florida, to Fort Lauderdale, Florida, in order to reach RALPH sooner.
47. The Fort Lauderdale-Hollywood International Airport shut down following the
shooting, canceling TIMOTHY WOLTERING and Sandra’s flight into Fort Lauderdale, Florida.
48. TIMOTHY WOLTERING and Sandra instead flew from Atlanta, Georgia to
Miami International Airport via DELTA AIR LINES, and then they drove to their hotel in Fort
Lauderdale, Florida late on January 6, 2017.
49. Michael and Margaret Woltering diverted from driving to Orlando, Florida and
instead drove directly to Fort Lauderdale, Florida.
50. RALPH was eventually escorted to a different room within the airport for an
interview with the Federal Bureau of Investigation (FBI), where they questioned him as to his
observations of the shooting.
51. Hours later, Michael and Margaret Woltering arrived at the Fort Lauderdale-
Hollywood International Airport and accompanied RALPH until he could leave the airport, after
which they were taken to their hotel in Fort Lauderdale, Florida.
52. The Woltering family did not take their cruise with Holland America as
scheduled.
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53. TIMOTHY WOLTERING, Sandra Woltering, Michael Woltering, Margaret
Woltering, and RALPH WOLTERING all drove back from Fort Lauderdale, Florida to Atlanta,
Georgia on January 7, 2017.
54. OLGA was killed just six (6) months shy of her and RALPH’s sixty-fifth (65th)
wedding anniversary.
55. Since OLGA’s death on January 6, 2017, RALPH has suffered daily from the
premature loss of his wife’s companionship and has experienced a loss of purpose.
56. RALPH constantly lives with the violent images of OLGA’s traumatic death and
describes the memory of that day as “living in a nightmare.”
57. The Woltering family describes OLGA as loving, caring, easygoing, friendly,
humble, and enjoyable to be around. She was the center of the Woltering family, keeping the
family together and enjoying her children, grandchildren, and great-grandchildren.
Esteban Santiago-Ruiz
58. Esteban Santiago-Ruiz (“Santiago”) was born on March 16, 1990, in New Jersey,
and moved to Puerto Rico in 1992.
59. In 2007, Santiago joined the Puerto Rico National Guard and served in the Iraq
War from April 2010 to February 2011.
60. The Puerto Rico Police confiscated Santiago’s firearms in March 2012, and did
not return them until May 2014.
61. Santiago moved to Alaska and joined the Alaska Army National Guard, serving
from November 2014 to August 2016.
62. After his discharge from the Alaska Army National Guard, Santiago worked as a
security guard at a private company in Alaska until November 2016.
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63. From January 2016 to October 2016, Santiago was accused of domestic violence,
with one (1) or more of the accusations resulting in criminal charges.
64. In November 2016, Santiago entered the FBI field office in Anchorage, Alaska to
report that the United States government was controlling his mind and forcing him to watch
Islamic State of Iraq and Syria (ISIS) videos and join their group.
65. The FBI notified the Anchorage Police Department to initiate an investigation and
a mental health evaluation.
66. The Anchorage Police Department confiscated Santiago’s firearm in November
2016, but returned it just three (3) weeks later in December 2016.
67. Santiago purchased a one-way ticket on DELTA AIR LINES that was scheduled
to arrive at La Guardia Airport in Queens, New York on December 31, 2016, New Year’s Eve.
68. Presumably, Santiago planned to commit a mass shooting in New York City on
New Year’s Eve, but did not due to La Guardia Airport’s procedures that would have prevented
his retrieval of the firearm at the airport.
69. Santiago canceled that one-way ticket to Queens, New York, and instead
purchased his one-way ticket to Fort Lauderdale, Florida.
70. On January 5, 2017, Santiago arrived at Ted Stevens Anchorage International
Airport for his one-way flight to Fort Lauderdale, Florida.
71. Santiago arrived at the airport four (4) hours before his flight was scheduled to
depart at 9:30 pm.
72. Santiago was traveling alone.
73. Santiago only checked one item at the airport: his gun case containing his Walther
9mm semiautomatic handgun and two magazines.
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74. Approximately four (4) hours after arriving at the airport, Santiago boarded
DELTA AIR LINES Flight Number DL 2182 heading to his next flight in Minneapolis,
Minnesota.
75. Santiago landed at Minneapolis-Saint Paul International Airport on January 6,
2017.
76. After his approximately one (1) hour and sixteen (16) minute layover in
Minneapolis, Minnesota, Santiago boarded DELTA AIR LINES Flight Number DL 1088,
heading for his final destination in Fort Lauderdale, Florida.
77. Upon information and belief, Santiago was disruptive and/or exhibited suspicious
behavior on one or both of these two DELTA AIR LINES flights.
78. Santiago landed at Fort Lauderdale-Hollywood International Airport on January
6, 2017, at approximately 12:15 pm.
79. After landing, Santiago proceeded to the Terminal 2 baggage claim area and
waited at Carousel 3 for his firearm.
80. DELTA AIR LINES paged Santiago to claim his firearm from DELTA AIR
LINES’ Baggage Service Office.
81. Santiago retrieved his firearm from the Baggage Service Office, then returned to
the baggage claim area unattended.
82. Santiago then entered a men’s restroom in the baggage claim area with his
firearm.
83. Santiago entered a stall within the men’s restroom, removed his firearm from its
case, loaded it with one of the magazines, placed it in his waistband, and exited the men’s
restroom into the baggage claim area.
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84. At approximately 12:56 pm, Santiago began firing his handgun at people in the
baggage claim area of Terminal 2, specifically aiming for their heads.
85. Santiago emptied his first magazine, reloaded, and then emptied his second
magazine.
86. Santiago killed five (5) people and wounded six (6) additional people.
87. Santiago surrendered on scene to the BROWARD SHERIFF’S OFFICE, was
arrested, and is currently charged in the United States District Court for the Southern District of
Florida3 with the following:
a. Five (5) counts of Violence at an International Airport Resulting in Death, in
violation of 18 U.S.C. section 37(a)(1);
b. Six (6) counts of Violence at an International Airport Resulting in Serious Bodily
Injury, in violation of 18 U.S.C. section 37(a)(1);
c. Five (5) counts of Causing the Death of a Person in the Course of a Violation of
18 U.S.C. section 924(c), in violation of 18 U.S.C. sections 924(c)(1)(A) and
924(j)(1); and
d. Six (6) counts of Use of a Firearm During and in Relation to a Crime of Violence,
in violation of 18 U.S.C. section 924(c)(1)(A).
Defendant Delta Air Lines
88. DELTA AIR LINES began in 1928 and quickly grew to serve three hundred and
six (306) destinations in fifty-two (52) countries as of 2017. DELTA AIR LINES services more
than one hundred and eighty million (180,000,000) passengers per year, and employs more than
3 Case Number 2017R00048 and Court Docket Number 17-CR-60022.
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eighty thousand (80,000) people. In 2016 alone, DELTA AIR LINES’ pre-tax income was over
six billion dollars ($6,000,000,000.00).4
89. DELTA AIR LINES’ first basic business principle is to “Put safety first –
always.”5
90. On and prior to January 5, 2017, DELTA AIR LINES, by its officers, agents,
employees or representatives, operated, controlled, and supervised the airline and airport security
system at Ted Stevens Anchorage International Airport and the ticketing, check-in, and boarding
processes, including identification and document checks for its aircrafts and flights.
91. On and prior to January 5, 2017, DELTA AIR LINES, by its respective officers,
agents, employees or representatives, selected, hired, trained, instructed, and supervised the
individuals who operated, maintained, and controlled the airline and airport security system at
Ted Stevens Anchorage International Airport.
92. On and prior to January 6, 2017, DELTA AIR LINES, by its officers, agents,
employees or representatives, operated, controlled, and supervised the airline and airport security
system at Minneapolis-Saint Paul International Airport and the ticketing, check-in, and boarding
processes, including identification and document checks for its aircrafts and flights.
93. On and prior to January 6, 2017, DELTA AIR LINES, by its respective officers,
agents, employees or representatives, selected, hired, trained, instructed, and supervised the
individuals who operated, maintained, and controlled the airline and airport security system at
Minneapolis-Saint Paul International Airport.
4 Delta News Hub, Corporate Stats and Facts, http://news.delta.com/corporate-stats-and-facts, updated October 31, 2017. 5 Delta Rules of the Road, Apply our Basic Business Principles, page 4.
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94. On and prior to January 6, 2017, DELTA AIR LINES, by its officers, agents,
employees or representatives, operated, controlled, and supervised the airline and airport security
system at Fort Lauderdale-Hollywood International Airport and the ticketing, check-in, and
boarding processes, including identification and document checks for its aircrafts and flights.
95. On and prior to January 6, 2017, DELTA AIR LINES, by its respective officers,
agents, employees or representatives, selected, hired, trained, instructed, and supervised the
individuals who operated, maintained, and controlled the airline and airport security system at
Fort Lauderdale-Hollywood International Airport.
96. Prior to January 6, 2017, regular meetings were held among all DEFENDANTS
to address, review and discuss airline and airport security and details about potential security
breaches and threats.
97. On and prior to January 6, 2017, DELTA AIR LINES, its agents, associates, and
partners, were acting within the purpose or scope of such agency or employment, and all acts or
omissions alleged of all DEFENDANTS were authorized, adopted, approved, or ratified by each
of the other DEFENDANTS.
98. On and prior to January 6, 2017, DELTA AIR LINES was fully informed of the
actions of their respective officers, agents, employees or representatives, and no officer, agent,
employee or representative of DEFENDANTS repudiated those actions.
99. Prior to January 6, 2017, DELTA AIR LINES knew or should have known of the
high risk of attacks upon aviation generally, and specifically to commercial aircraft and airports.
100. On and prior to January 6, 2017, DELTA AIR LINES knew or should have
known that recent evaluations of the airline and airport security systems had revealed that its
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systems constituted a high security risk, and that DELTA AIR LINES failed to adequately train
its employees in this regard.
101. DELTA AIR LINES held a unique position to mitigate obvious security risks
apparent in today’s evolving threats in aviation, particularly involving active shooters such as
Santiago.
102. DELTA AIR LINES operated Flight Number DL 2182, which departed from Ted
Stevens Anchorage International Airport on January 5, 2017, and arrived at Minneapolis-Saint
Paul International Airport on January 6, 2017.
103. Esteban Santiago-Ruiz was a fare-paying passenger on Flight Number DL 2182.
104. DELTA AIR LINES operated Flight Number DL 1088, which departed from
Minneapolis-Saint Paul International Airport on January 6, 2017, and arrived at Fort Lauderdale-
Hollywood International Airport that same day.
105. Esteban Santiago-Ruiz was a fare-paying passenger on Flight Number DL 1088.
106. DELTA AIR LINES operated Flight Number DL 1465, which departed from
Hartsfield-Jackson Atlanta International Airport on January 6, 2017, and arrived at Fort
Lauderdale-Hollywood International Airport that same day.
107. Decedent, OLGA WOLTERING, and her husband, RALPH WOLTERING, were
fare-paying passengers on Flight Number DL 1465.
108. DELTA AIR LINES, by its officers, agents, employees, or representatives, owed
Decedent, OLGA WOLTERING, a duty of care to safeguard its passengers and prevent
individuals from breaching the airline and airport security system, so as to not cause injury or
death.
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109. DELTA AIR LINES Domestic General Rules Tariff, Rule 190(H)(9)(b) states, in
part, that “[f]irearms must be unloaded and packed in a locked, hard side case with a key or
combination in possession of the passenger only. Small arms ammunition must be packed in the
manufacturer’s original package or securely packed in fiber, wood or metal boxes, or other
packaging specifically designed to carry small amounts of ammunition.”
110. On January 5, 2017, Santiago checked his firearm with a DELTA AIR LINES
Representative at Ted Stevens Anchorage International Airport.
111. Upon information and belief, at the time Santiago checked his firearm with
DELTA AIR LINES, the ammunition was already placed within each of the two (2) magazines.
112. Upon information and belief, Santiago was in view of DELTA AIR LINES
employees for four (4) hours at Ted Stevens Anchorage International Airport before his flight
departed.
113. DELTA AIR LINES Domestic General Rules Tariff, Rule 35(F), states, in part,
that DELTA AIR LINES “may refuse to transport any passenger, or may remove any passenger
from its aircraft, when refusal to transport or removal of the passenger is reasonably necessary in
Delta’s sole discretion, for the passenger’s comfort or safety, for the comfort or safety of other
passengers or Delta employees, or for the prevention of damage to the property of Delta or its
passengers or employees.”
114. Rule 35(F) also provides examples of situations wherein DELTA AIR LINES
may refuse to transport or may remove passengers from its aircraft, including, but not limited to,
when the passenger’s conduct “is disorderly, abusive or violent,” “may be hazardous to
himself/herself, the crew, or other passengers,” “creates an unreasonable risk of offense or
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annoyance to other passengers,” or “creates a risk of harm or damage to the carrier’s aircraft
and/or property, or the property of other passengers.”
115. Upon information and belief, Santiago was disruptive and/or exhibited suspicious
behavior on one or both of his flights from Anchorage, Alaska to Fort Lauderdale, Florida via
Minneapolis, Minnesota, in plain view of DELTA AIR LINES employees.
116. When DELTA AIR LINES Flight Number DL 1088 arrived in Fort Lauderdale-
Hollywood International Airport, a DELTA AIR LINES employee transported Santiago’s
firearm directly from the airplane to DELTA AIR LINES’ Baggage Service Office.
117. A DELTA AIR LINES employee called Santiago’s name over the intercom for
him to claim his firearm from their Baggage Service Office.
118. In the Baggage Service Office, a DELTA AIR LINES employee returned
Santiago’s firearm to him before Santiago left the office with his firearm unattended, entered the
men’s restroom in the baggage claim area, and he prepared his firearm for the shooting.
119. DELTA AIR LINES’ policy for firearms cases on January 6, 2017, was to deliver
them to the carousel with all other baggage.6
120. DELTA AIR LINES’ policy as of the date of this Complaint is to deliver all
firearms checked as baggage to the Baggage Service Office for pickup at the passenger’s final
destination with a valid form of identification.7
6 Megan O’Matz, SunSentinel, Delta Revises Procedure to Retrieve Guns from Checked Luggage, http://www.sun-sentinel.com/news/fort-lauderdale-hollywood-airport-shooting/fl-reg-delta-guns-20170425-story.html, April 25, 2017. 7 Delta, Special Items Are Baggage, Too, https://www.delta.com/content/www/en_US/traveling-with-us/baggage/before-your-trip/special-items.html, updated 2017.
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121. DELTA AIR LINES, by its officers, agents, employees or representatives, owed
Decedent, OLGA WOLTERING, a duty of care to follow all applicable law, including the
Florida Statutes.
122. Florida Statutes section 790.06(12)(a)(14) states that a concealed carry license
“does not authorize any person to openly carry a handgun or carry a concealed weapon or
firearm into . . . [t]he inside of the passenger terminal and sterile area of any airport, provided
that no person shall be prohibited from carrying any legal firearm into the terminal, which
firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully
transported on any aircraft.” (Emphasis added.)
123. Florida Statues section 790.06(12)(a)(14) specifically, and intentionally, does not
include carrying a firearm from the passenger terminal and sterile area of an airport.
124. On January 6, 2017, DELTA AIR LINES did authorize Santiago to carry a
concealed firearm inside the passenger terminal for purposes other than checking such firearm as
baggage to be lawfully transported on an aircraft.
125. As a direct and proximate result of the conduct of DELTA AIR LINES, all
DEFENDANTS are jointly and severally liable for damages sustained by Plaintiff, as the
Personal Representative of the Estate of OLGA WOLTERING, and Plaintiff is entitled to
recover such damages to the extent allowed by law.
The Security Defendants
126. Defendants BROWARD COUNTY BOARD OF COMMISSIONERS,
BROWARD SHERIFF’S OFFICE, ALLIEDBARTON SECURITY SERVICES, LLC, ALLIED
UNIVERSAL CORP., and UNIVERSAL PROTECTION SERVICES, LLC d/b/a ALLIED
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UNIVERSAL SECURITY SERVICES, LLC are hereinafter referred to collectively as the
SECURITY DEFENDANTS.
127. At all times relevant to this Complaint, BROWARD COUNTY BOARD OF
COMMISSIONERS and BROWARD SHERIFF’S OFFICE, by their officers, agents,
employees, or representatives, operated, controlled, and supervised the airline and airport
security system at Fort Lauderdale-Hollywood International Airport, including security
checkpoint operations and controlling access to secure areas of the airport.
128. On January 6, 2017, BROWARD COUNTY BOARD OF COMMISSIONERS
and BROWARD SHERIFF’S OFFICE, by their officers, agents, employees, or representatives,
owed Decedent OLGA WOLTERING a duty of care to safeguard DELTA AIR LINES Flight
Number DL 1465 and its passengers to prevent individuals from breaching the airline and airport
security system.
129. At all times relevant to this Complaint, ALLIEDBARTON SECURITY
SERVICES, LLC, ALLIED UNIVERSAL, CORP., and UNIVERSAL PROTECTION
SERVICES, LLC d/b/a ALLIED UNIVERSAL SECURITY SERVICES, LLC were engaged in
the business of owning, operating, managing, maintaining, and supervising airline and airport
security for various airlines at numerous airports, including DELTA AIR LINES for its flights
arriving at Fort Lauderdale-Hollywood International Airport, including Flight Number DL 1465
and Flight Number DL 1088.
130. At all times relevant to this Complaint, ALLIEDBARTON SECURITY
SERVICES, LLC, ALLIED UNIVERSAL CORP., and UNIVERSAL PROTECTION
SERVICES, LLC d/b/a ALLIED UNIVERSAL SECURITY SERVICES, LLC were engaged in
the business of owning, operating, managing, maintaining, and supervising airline and airport
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security for various airlines at numerous airports, including the baggage claim areas for
passengers arriving at Fort Lauderdale-Hollywood International Airport.
131. On January 6, 2017, ALLIEDBARTON SECURITY SERVICES, LLC, ALLIED
UNIVERSAL CORP., and UNIVERSAL PROTECTION SERVICES, LLC d/b/a ALLIED
UNIVERSAL SECURITY SERVICES, LLC, by their officers, agents, employees, or
representatives, owed Decedent, OLGA WOLTERING, a duty of care to prevent individuals
from breaching the airline and airport security system.
132. On and prior to January 6, 2017, ALLIEDBARTON SECURITY SERVICES,
LLC, ALLIED UNIVERSAL CORP., and UNIVERSAL PROTECTION SERVICES, LLC d/b/a
ALLIED UNIVERSAL SECURITY SERVICES, LLC were in a contractual relationship with
BROWARD COUNTY BOARD OF COMMISSIONERS to provide security services at Fort
Lauderdale-Hollywood International Airport twenty-four (24) hours per day, seven (7) days per
week, including holidays. (See Article 5.1 of Agreement Between Broward County and
AlliedBarton Security Services, LLC for Security Officer Services for Port Everglades,
Fort Lauderdale-Hollywood International Airport, and North Perry Airport, attached
herein as Exhibit “C”.)
133. On and prior to January 6, 2017, the SECURITY DEFENDANTS, by their
respective officers, agents, employees, or representatives, separately and collectively, selected,
hired, trained, instructed, and supervised the individuals who operated, maintained, and
controlled the airline and airport security system at Fort Lauderdale-Hollywood International
Airport.
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134. Prior to January 6, 2017, regular meetings were held among all DEFENDANTS
to address, review, and discuss airline and airport security and details about potential security
breaches and threats.
135. On and prior to January 6, 2017, SECURITY DEFENDANTS, their agents,
associates, and partners, were acting within the purpose or scope of such agency or employment,
and all acts or omissions alleged of DEFENDANTS were authorized, adopted, approved, or
ratified by all DEFENDANTS.
136. On and prior to January 6, 2017, SECURITY DEFENDANTS were fully
informed of the actions of their respective officers, agents, employees, or representatives, and no
officer, agent, employee, or representative of DEFENDANTS repudiated those actions.
137. Prior to January 6, 2017, SECURITY DEFENDANTS knew or should have
known of the high risk of attacks upon aviation generally, and specifically to commercial aircraft
and airports.
138. SECURITY DEFENDANTS held a unique position to mitigate obvious security
risks apparent in today’s evolving threats in aviation, particularly involving active shooters such
as Santiago.
139. On and prior to January 6, 2017, SECURITY DEFENDANTS knew or should
have known that evaluations of the airline and airport security systems as they existed on and
prior to January 6, 2017, revealed that their systems constituted a high security risk, and that all
Defendants failed to adequately train their employees and failed in security evaluations.
140. On January 6, 2017, the SECURITY DEFENDANTS, by their officers, agents,
employees, or representatives, owed Decedent, OLGA WOLTERING, a duty of care to follow
all applicable law, including the Florida Statutes.
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141. Specifically, ALLIEDBARTON SECURITY SERVICES, LLC, ALLIED
UNIVERSAL, CORP., and UNIVERSAL PROTECTION SERVICES, LLC d/b/a ALLIED
UNIVERSAL SECURITY SERVICES, LLC “shall comply with all applicable federal, state, and
local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and
obligations” pursuant to their contract with BROWARD COUNTY BOARD OF
COMMISSIONERS. (See Article 14.12 of Agreement Between Broward County and
AlliedBarton Security Services, LLC for Security Officer Services for Port Everglades,
Fort Lauderdale-Hollywood International Airport, and North Perry Airport, attached
herein as Exhibit “C”.)
142. Florida Statutes section 790.06(12)(a)(14) states that a concealed carry license
“does not authorize any person to openly carry a handgun or carry a concealed weapon or
firearm into . . . [t]he inside of the passenger terminal and sterile area of any airport, provided
that no person shall be prohibited from carrying any legal firearm into the terminal, which
firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully
transported on any aircraft.” (Emphasis added.)
143. On January 6, 2017, SECURITY DEFENDANTS did authorize Santiago to carry
a firearm inside the passenger terminal for purposes other than checking such firearm as baggage
to be lawfully transported on an aircraft.
144. On January 6, 2017, SECURITY DEFENDANTS had inadequate policies,
procedures, and instructions to properly investigate threats of a second shooter at the Fort
Lauderdale-Hollywood International Airport, nor did they follow the policies and procedures
they did have in place.
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145. SECURITY DEFENDANTS’ failure to properly investigate threats of a second
shooter led to widespread panic amongst officials and civilians at the Fort Lauderdale-
Hollywood International Airport, as well as a diversion and waste of SECURITY
DEFENDANTS’ resources.
146. As a direct and proximate result of the conduct of SECURITY DEFENDANTS,
all DEFENDANTS are jointly and severally liable for damages sustained by Plaintiff, as the
Personal Representative of the Estate of OLGA WOLTERING, and Plaintiff is entitled to
recover such damages to the extent allowed by law.
SHOOTING FORESEEABILITY
147. The Florida Supreme Court has determined that the State of Florida “has an
important interest in regulating firearms as a matter of public safety,” finding Florida’s
restrictions on the open carry of firearms to be constitutional.8
148. In Florida, no person may carry a firearm, neither openly nor concealed, in the
following locations:
a. Any place of nuisance;
b. Any police, sheriff, or highway patrol station;
c. Any detention facility, prison, or jail;
d. Any courthouse;
e. Any courtroom (except that the judge may carry a concealed weapon);
f. Any polling place;
g. Any meeting of the governing body of a county, public school district,
municipality, or special district;
h. Any meeting of the Legislature or a committee thereof; 8 Norman v. Florida, 215 So. 3d 18, 22 (Fla. 2017).
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i. Any school, college, or professional athletic event not related to firearms;
j. Any elementary or secondary school facility or administration building;
k. Any career center;
l. Any portion of an establishment licensed to dispense alcoholic beverages for
consumption on the premises, which portion of the establishment is primarily
devoted to such purpose;
m. Any college or university facility;
n. The inside passenger terminal and sterile area of any airport (except that a person
may carry any legal firearm into the terminal that is encased for shipment for
purposes of checking such firearm as baggage to be lawfully transported on
aircraft);
o. Any place where the carrying of firearms is prohibited by federal law.9
149. In the enumerated locations where firearms are prohibited, individuals do not
have the ability to defend themselves with a firearm against the threat of deadly force, as they
would in other locations where firearms are not prohibited. Therefore, these locations also
constitute a partially higher security risk.
150. Therefore, preventative security measures and responses in these enumerated
locations are expected to protect against foreseeable safety threats.
151. In Florida, “a legal duty will arise whenever a human endeavor creates a
generalized and foreseeable risk of harming others.”10
9 Section 790.06(12)(a), Florida Statutes. 10 McCain v. Florida Power Corp., 593 So. 2d 500, 502 (Fla. 1992).
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152. Further, “[w]here a defendant’s conduct creates a foreseeable zone of risk, the law
generally will recognize a duty placed upon defendant either to lessen the risk or see that
sufficient precautions are taken to protect others from the harm that the risk poses.”11
153. “As the risk grows greater, so does the duty, because the risk to be perceived
defines the duty that must be undertaken.”12
154. Florida appellate courts have followed section 390 of the Restatement (Second) of
Torts (1965) when dealing with negligent entrustment of a firearm, specifically relying on
comment (b) to that section, which states: “[O]ne who supplies a chattel for the use of another
who knows its exact character and condition is not entitled to assume that the other will use it
safely if the supplier knows or has reason to know that such other is likely to use it dangerously,
as where the other belongs to a class which is notoriously incompetent to use the chattel safely,
or lacks the training and experience necessary for such use, or the supplier knows that the other
has on other occasions so acted that the supplier should realize that the chattel is likely to be
dangerously used, or that the other, though otherwise capable of using the chattel safely, has a
propensity or fixed purpose to misuse it.”13
155. “[F]oreseeability of harm, rather than ownership, determined whether an action
existed for negligent entrustment” in a case that imposed liability on a bystander who handed a
gun owner his gun during an altercation, “because the bystander should have foreseen the risk of
a shooting under the circumstances.”14
156. Mass shootings are foreseeable events, as they may be reasonably anticipated.
11 Id. at 503. 12 Id. 13 Foster v. Arthur, 519 So. 2d 1092, 1094 (Fla. 1st DCA 1988) 14 Williams v. Bumpass, 568 So. 2d 979, 981-82 (Fla. 5th DCA 1990)
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157. Notable mass shootings prior to January 6, 2017, include, but are not limited to,
the following:
a. June 12, 2016, at Pulse Nightclub in Orlando, Florida, killing forty-nine (49)
people and injuring fifty-eight (58) people;
b. November 29, 2015, at Planned Parenthood in Colorado Springs, Colorado,
killing three (3) people and injuring nine (9) people;
c. June 18, 2015, at Emanuel African Methodist Episcopal Church in Charleston,
South Carolina, killing nine (9) people;
d. December 14, 2012, at Sandy Hook Elementary School in Newtown, Connecticut,
killing twenty-seven (27) people and injuring one (1) person;
e. July 20, 2012, at the Century 16 movie theater in Aurora, Colorado, killing twelve
(12) people and injuring fifty-eight (58) people;
f. November 5, 2009, at Fort Hood in Fort Hood, Texas, killing thirteen (13) people
and injuring thirty-two (32) people;
g. April 16, 2007, at Virginia Tech in Blacksburg, Virginia, killing thirty-two (32)
people and injuring seventeen (17) people;
h. April 20, 1999, at Columbine High School in Columbine, Colorado, killing
thirteen (13) people and injuring twenty-four (24) people.15
158. Mass shootings specifically at airports are also foreseeable events.
159. Notable airport shootings prior to January 6, 2017, include, but are not limited to,
the following:
a. November 15, 2016, at Oklahoma City’s Will Rogers World Airport;
15 LOS ANGELES TIMES, “Deadliest U.S. mass shootings, 1984-2017,” http://timelines.latimes.com/deadliest-shooting-rampages/, published October 2, 2017.
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b. June 28, 2016, at Ataturk Airport in Turkey;
c. March 22, 2016, at Brussels Airport in Zaventem in Belgium;
d. December 23, 2015, at Sabiha Gokcen Airport in Turkey;
e. June 8, 2014, at Jinnah International Airport in Pakistan;
f. November 1, 2013, at Los Angeles International Airport;
g. May 17, 2013, at Jacksonville International Airport;
h. October 14, 2011, at La Mesa International Airport in Honduras;
i. March 2, 2011, at Frankfort Airport in Germany;
j. April 27, 2006, at Cleveland Hopkins International Airport;
k. July 4, 2002, at Los Angeles International Airport;16
160. Esteban Santiago-Ruiz was a twenty-six (26) year old man traveling alone, on a
one-way flight, purchased the same day, with no change of clothes despite the great weather
differences in Anchorage, Alaska and Fort Lauderdale, Florida in January, and with only a
firearm and ammunition.
161. DELTA had direct knowledge that Santiago had a gun. Despite the foreseeable
risk presented, DELTA failed to provide adequate security.
COUNT I – BREACH OF CONTRACT (Delta Air Lines, Inc.)
162. Plaintiff incorporates by reference all prior allegations in this Complaint.
163. DELTA AIR LINES and Decedent, OLGA WOLTERING, entered into a binding
and enforceable contract when of OLGA WOLTERING purchased a ticket for air transport from
16 FOX NEWS, “Timeline: The worst airport shootings in the last 15 years,” http://www.foxnews.com/world/2017/01/06/timeline-worst-airport-shootings-in-last-15-years.html, published January 6, 2017.
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DELTA AIR LINES on January 5, 2017. (See Receipt for Olga Woltering’s Airfare attached
herein as Exhibit “D”.)
164. The contract terms agreed to by OLGA WOLTERING and DELTA AIR LINES
as a result of this ticket purchase are set forth in her ticket, the Conditions of Carriage (also
referred to as “Delta’s Domestic General Rules Tariff”) and DELTA AIR LINES’ published fare
rules and regulations. (See Rule 1(A) of Domestic General Rules Tariff, attached herein as
Exhibit “E”.)
165. DELTA AIR LINES transported Esteban Santiago-Ruiz, who also purchased a
ticket for air transport from DELTA AIR LINES.
166. DELTA AIR LINES transported Santiago despite his firearm being improperly
packaged.
167. DELTA AIR LINES transported Santiago’s firearm and ammunition in direct
violation of their Domestic General Rules Tariff, Rule 190(H)(9)(b).
168. DELTA AIR LINES failed to inspect Santiago’s firearm and ammunition to
ensure they were packed in such a manner that they were suitable for transport and did not pose
an unreasonable risk of harm to other baggage, cargo or passengers, in breach of their valid and
enforceable contract with OLGA WOLTERING. (See Rule 190 of Domestic General Rules
Tariff, attached herein as Exhibit “E”.)
169. DELTA then returned Santiago’s firearm to him in violation of Florida Statutes
section 790.06(12)(a)(14).
170. DELTA AIR LINES failed to act on several indications that Santiago posed a
danger to other DELTA AIR LINES passengers.
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171. DELTA AIR LINES breached their contract with OLGA WOLTERING by
continuing to transport and subsequently failing to report or act on the disturbing and hostile
behavior of Santiago to the detriment of other DELTA AIR LINES passengers.
172. DELTA AIR LINES’ breaches of contract resulted in damages to OLGA
WOLTERING and her family, namely the untimely loss of her life.
WHEREFORE, Plaintiff, TIMOTHY J. WOLTERING, as the Personal Representative of
the Estate of OLGA WOLTERING, prays that this Court enter judgment against
DEFENDANTS, jointly and severally, for actual and compensatory damages at an amount to be
determined at trial, plus pre-judgment and post-judgment interest, and such other and further
relief in equity or in law that Plaintiff may be entitled to or that this Court deems just and proper.
COUNT II – BREACH OF EXPRESS WARRANTY (Delta Air Lines, Inc.)
173. Plaintiff incorporates by reference all prior allegations in this Complaint.
174. DELTA AIR LINES is a corporation engaged in the business of air transportation
of passengers for hire. At all times relevant to this Complaint, DELTA AIR LINES sold and
contracted with passengers for the service of air transportation.
175. DELTA AIR LINES and Decedent, OLGA WOLTERING, entered into a binding
and enforceable contract when OLGA WOLTERING purchased a ticket for air transport from
Atlanta, Georgia to Fort Lauderdale, Florida from DELTA AIR LINES on January 5, 2017.
(See Receipt for Olga Woltering’s Airfare attached herein as Exhibit “D”.)
176. The contract terms agreed to by OLGA WOLTERING and DELTA AIR LINES
as a result of this ticket purchase are set forth in her ticket, the Conditions of Carriage (also
referred to as “Delta’s Domestic General Rules Tariff”), and DELTA AIR LINES’ published
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fare rules and regulations. (See Rule 1(A) of Domestic General Rules Tariff, attached herein
as Exhibit “E”.)
177. DELTA AIR LINES expressly warranted that the air transportation they provided
to OLGA WOLTERING on January 6, 2017, would comply with all required safety and
regulatory laws and Florida Statues.
178. Similarly, DELTA AIR LINES expressly warranted that the air transportation
they provided to Santiago on January 5, 2017, and January 6, 2017, would comply with all
required safety polices, laws, and Florida Statutes.
179. While in the scope of providing air transportation services on January 5, 2017,
and January 6, 2017, to OLGA WOLTERING and Santiago, DELTA AIR LINES maintained
the power, ability, authority, and duty to ensure the safety of the passengers it transported.
180. While in the scope of providing air transportation services on January 6, 2017,
DELTA AIR LINES maintained the power, ability, authority, and duty to ensure Santiago’s
firearm was transported in compliance with Domestic General Rules Tariff, Rule 190(H)(9)(b),
and Florida Statute section 790.06(12)(a)(14).
181. Despite said power and duty, for the reasons set forth above, DELTA AIR LINES
negligently failed to stop the acts of Santiago described herein, or to prevent or to prohibit such
acts or to otherwise to protect OLGA WOLTERING, thereby breaching their express warranty
to her.
182. As a direct and proximate result of DELTA AIR LINES’ breach of express
warranty, OLGA WOLTERING was shot and killed.
WHEREFORE, Plaintiff, TIMOTHY J. WOLTERING, as the Personal Representative of
the Estate of OLGA WOLTERING, prays that this Court enter judgment against
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DEFENDANTS, jointly and severally, for actual and compensatory damages at an amount to be
determined at trial, plus pre-judgment and post-judgment interest, and such other and further
relief in equity or in law that Plaintiff may be entitled to or that this Court deems just and
proper.
COUNT III – BREACH OF IMPLIED WARRANTY (Delta Air Lines, Inc.)
183. Plaintiff incorporates by reference all prior allegations in this Complaint.
184. DELTA AIR LINES is a corporation engaged in the business of air transportation
of passengers for hire. At all times relevant to this Complaint, DELTA AIR LINES sold and
contracted with passengers for the service of air transportation.
185. DELTA AIR LINES and Decedent, OLGA WOLTERING, entered into a binding
and enforceable contract when OLGA WOLTERING purchased a ticket for air transport from
Atlanta, Georgia to Fort Lauderdale, Florida from DELTA AIR LINES on January 5, 2017. (See
Receipt for Olga Woltering’s Airfare attached herein as Exhibit “D”.)
186. The contract terms agreed to by OLGA WOLTERING and DELTA AIR LINES
as a result of this ticket purchase are set forth in her ticket, the Conditions of Carriage (also
referred to as “Delta’s Domestic General Rules Tariff”), and DELTA AIR LINES’ published
fare rules and regulations. (See Rule 1(A) of Domestic General Rules Tariff, attached herein
as Exhibit “E”.)
187. At all times relevant to this Complaint, DELTA AIR LINES maintained an
implied duty to provide air transportation in compliance with all required safety polices, laws,
and Florida Statutes.
188. On and prior to January 6, 2017, DELTA AIR LINES, by its respective officers,
agents, employees, or representatives, selected, hired, trained, instructed and supervised the
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individuals who operated, maintained, and controlled the airline and airport security system at
Fort Lauderdale-Hollywood International Airport.
189. DELTA AIR LINES warranted that their officers, agents, employees, or
representatives would be adequately trained in airport and airline security measures and educated
on airport and airline security protocols and policies.
190. Thereby, DELTA AIR LINES also warranted that their officers, agents,
employees, or representatives would comply with airport and airline security protocols and
policies.
191. While in the scope of providing air transportation services on January 6, 2017, to
OLGA WOLTERING and Santiago, DELTA AIR LINES maintained the power, ability,
authority, and duty to ensure their officers, agents, employees, or representatives were
adequately trained in airport and airline security measures and educated on airport and airline
security protocols and policies.
192. Furthermore, DELTA AIR LINES maintained the power, ability, authority, and
duty to ensure their officers, agents, employees, or representatives complied with airport and
airline security protocols and policies.
193. While in the scope of providing air transportation services on January 6, 2017,
DELTA AIR LINES maintained the power, ability, authority, and duty to ensure Santiago’s
firearm was transported in compliance with Domestic General Rules Tariff, Rule 190(H)(9)(b),
and Florida Statute section 790.06(12)(a)(14).
194. Despite said power and duty, for the reasons set forth above, DELTA AIR LINES
negligently failed to stop the acts of Santiago described herein, or to prevent or to prohibit such
acts, or otherwise to protect OLGA WOLTERING, thereby breaching their warranty to her.
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195. Despite Santiago’s disruptive and/or suspicious in-flight behavior, he was
provided his improperly packaged firearm directly by DELTA AIR LINES’ Baggage Service
Office.
196. Immediately subsequent to DELTA AIR LINES’ failed compliance with security
measures, Santiago used his firearm to shoot and kill OLGA WOLTERING in the Terminal 2
baggage claim area of Fort Lauderdale-Hollywood International Airport.
197. As a direct and proximate result of DELTA AIR LINES’ breach of implied
warranty, OLGA WOLTERING was shot and killed.
WHEREFORE, Plaintiff, TIMOTHY J. WOLTERING, as the Personal Representative of
the Estate of OLGA WOLTERING, prays that this Court enter judgment against
DEFENDANTS, jointly and severally, for actual and compensatory damages at an amount to be
determined at trial, plus pre-judgment and post-judgment interest, and such other and further
relief in equity or in law that Plaintiff may be entitled to or that this Court deems just and proper.
COUNT IV – NEGLIGENCE (WRONGFUL DEATH) (Delta Air Lines, Inc.)
198. Plaintiff incorporates by reference all prior allegation in this Complaint.
199. At all times relevant hereto, DELTA AIR LINES by its officers, agents,
employees, or representatives, owed Decedent, OLGA WOLTERING, a duty of care to comply
with all applicable laws and Florida Statutes.
200. DELTA AIR LINES, through its officers, agents, employees, or representatives,
breached the duty of care owed to OLGA WOLTERING by directly facilitating and authorizing
Santiago to carry a firearm in the baggage claim area at Fort Lauderdale-Hollywood
International Airport in violation of Florida Statute section 790.06(12)(a)(14).
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201. OLGA WOLTERING was shot and killed as a direct and proximate result of
DELTA AIR LINES’ breach of duty to its passenger, OLGA WOLTERING.
202. Plaintiff, TIMOTHY WOLTERING, as the Personal Representative of the Estate
of OLGA WOLTERING, suffered damages as a result of DELTA AIR LINES’ breach of its
duty of care.
WHEREFORE, Plaintiff, TIMOTHY J. WOLTERING, as the Personal Representative of
the Estate of OLGA WOLTERING, prays that this Court enter judgment against
DEFENDANTS, jointly and severally, for actual and compensatory damages at an amount to be
determined at trial, plus pre-judgment and post-judgment interest, and such other and further
relief in equity or in law that Plaintiff may be entitled to or that this Court deems just and proper.
COUNT V – NEGLIGENCE (WRONGFUL DEATH) (Alliedbarton Security Services, LLC, Allied Universal Corp., And Universal
Protection Services, LLC d/b/a Allied Universal Security Services, LLC) (Hereinafter “Allied”)
203. Plaintiff incorporates by reference all prior allegation in this Complaint
204. At all times relevant to this Complaint, ALLIED, by its officers, agents,
employees, or representatives, owed Decedent, OLGA WOLTERING, a duty of care to maintain
airport and airline security and comply with all applicable policies, laws, and Florida Statutes to
ensure the safety of all passengers.
205. ALLIED, through its officers, agents, employees, or representatives, breached the
duty of care owed to OLGA WOLTERING, by facilitating and authorizing Santiago to carry a
firearm in the baggage claim area at Fort Lauderdale-Hollywood International Airport in
violation of Florida Statute section 790.06(12)(a)(14).
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206. OLGA WOLTERING was shot and killed as a direct and proximate result of
ALLIED’s breach of duty to its traveler, OLGA WOLTERING.
207. Plaintiff, TIMOTHY WOLTERING, as the Personal Representative of the Estate
of OLGA WOLTERING, suffered damages as a result of ALLIED’s breach of their duty of care.
WHEREFORE, Plaintiff, TIMOTHY J. WOLTERING, as the Personal Representative of
the Estate of OLGA WOLTERING, prays that this Court enter judgment against
DEFENDANTS, jointly and severally, for actual and compensatory damages at an amount to be
determined at trial, plus pre-judgment and post-judgment interest, and such other and further
relief in equity or in law that Plaintiff may be entitled to or that this Court deems just and proper.
COUNT VI – NEGLIGENCE (WRONGFUL DEATH) (Broward County Board of Commissioners
d/b/a Fort Lauderdale-Hollywood Int’l Airport) (Hereinafter “Broward County”)
208. Plaintiff incorporates by reference all prior allegation in this Complaint.
209. At all times relevant to this Complaint, BROWARD COUNTY, by its officers,
agents, employees, or representatives, owed Decedent, OLGA WOLTERING, a duty of care to
maintain airport and airline security and comply with all applicable policies, laws, and Florida
Statutes to ensure the safety of all passengers.
210. BROWARD COUNTY, through its officers, agents, employees, or
representatives, breached the duty of care owed to OLGA WOLTERING, by facilitating and
authorizing Santiago to carry a firearm in the baggage claim area at Fort Lauderdale-Hollywood
International Airport in violation of Florida Statute section 790.06(12)(a)(14).
211. OLGA WOLTERING was shot and killed as a direct and proximate result of
BROWARD COUNTY’s breach of duty to its traveler, OLGA WOLTERING.
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212. Plaintiff, TIMOTHY WOLTERING, as the Personal Representative of the Estate
of OLGA WOLTERING, suffered damages as a result of BROWARD COUNTY’s breach of its
duty of care.
WHEREFORE, Plaintiff, TIMOTHY J. WOLTERING, as the Personal Representative of
the Estate of OLGA WOLTERING, prays that this Court enter judgment against
DEFENDANTS, jointly and severally, for actual and compensatory damages at an amount to be
determined at trial, plus pre-judgment and post-judgment interest, and such other and further
relief in equity or in law that Plaintiff may be entitled to or that this Court deems just and proper.
COUNT VII – NEGLIGENCE (WRONGFUL DEATH) (Broward Sheriff’s Office)
(Hereinafter “BSO”)
213. Plaintiff incorporates by reference all prior allegation in this Complaint.
214. At all times relevant to this Complaint, BSO, by its officers, agents, employees, or
representatives, owed Decedent, OLGA WOLTERING, a duty of care to maintain airport and
airline security and comply with all applicable policies, laws, and Florida Statutes to ensure the
safety of all passengers.
215. BSO, through its officers, agents, employees, or representatives, breached the
duty of care owed to OLGA WOLTERING by directly facilitating and authorizing Santiago to
carry a firearm in the baggage claim area at Fort Lauderdale-Hollywood International Airport in
violation of Florida Statute section 790.06(12)(a)(14).
216. OLGA WOLTERING was shot and killed as a direct and proximate result of
BSO’s breach of duty to its traveler, OLGA WOLTERING.
217. Plaintiff, TIMOTHY WOLTERING, as the Personal Representative of the Estate
of OLGA WOLTERING, suffered damages as a result of BSO’s breach of its duty of care.
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WHEREFORE, Plaintiff, TIMOTHY J. WOLTERING, as the Personal Representative of
the Estate of OLGA WOLTERING, prays that this Court enter judgment against
DEFENDANTS, jointly and severally, for actual and compensatory damages at an amount to be
determined at trial, plus pre-judgment and post-judgment interest, and such other and further
relief in equity or in law that Plaintiff may be entitled to or that this Court deems just and proper.
COUNT VIII – NEGLIGENT FAILURE TO PROVIDE ADEQUATE SECURITY (Delta Air Lines, Inc.)
218. Plaintiff incorporates by reference all prior allegations in this Complaint.
219. On or about January 6, 2017, DELTA AIR LINES was a tenant of the Fort
Lauderdale-Hollywood International Airport, leasing space from the BROWARD COUNTY
BOARD OF COMMISSIONERS for the benefit of its business and passengers, such as OLGA
WOLTERING.
220. As a tenant of the Fort Lauderdale-Hollywood International Airport, DELTA AIR
LINES maintains control over common areas, such as the baggage claim terminal area.
221. On or about January 6, 2017, OLGA WOLTERING, a passenger of DELTA AIR
LINES, was an invitee at the Fort Lauderdale-Hollywood International Airport.
222. On or about January 6, 2017, DELTA AIR LINES failed to adequately provide
security measures to ensure the safety of business invitees – its passengers – while in the Fort
Lauderdale-Hollywood International Airport.
223. The security measures utilized by DELTA AIR LINES, if any, were not sufficient
to provide reasonably safe conditions for its passengers, airport travelers, business invitees, or
other individuals at the Fort Lauderdale-Hollywood International Airport.
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224. DELTA AIR LINES breached the duty of care it owed OLGA WOLTERING in
the following ways:
a. Failure to devise, implement, and follow a proper security plan, reasonably
designed to protect invitees from harm;
b. Failure to properly employ and deploy an adequate number of security personnel
to reasonably protect persons on the premises;
c. Failure to utilize reasonable and appropriate measures to protect persons on the
premises when it knew or should have known of a dangerous condition on the
premises.
225. A shooting at an airport is a foreseeable event, as previously established.
226. Had the aforementioned security measures been in place, the deadly shooting
could have been averted as Santiago would have been deterred and/or prevented from
committing the crime.
227. As a direct and proximate result of DELTA AIR LINES’ negligent failure to
provide adequate security, OLGA WOLTERING was shot and killed.
WHEREFORE, Plaintiff, TIMOTHY J. WOLTERING, as the Personal Representative of
the Estate of OLGA WOLTERING, prays that this Court enter judgment against
DEFENDANTS, jointly and severally, for actual and compensatory damages at an amount to be
determined at trial, plus pre-judgment and post-judgment interest, and such other and further
relief in equity or in law that Plaintiff may be entitled to or that this Court deems just and proper.
Page 40 of 73
COUNT IX – NEGLIGENT FAILURE TO PROVIDE ADEQUATE SECURITY (Alliedbarton Security Services, LLC, Allied Universal Corp., and Universal
Protection Services, LLC d/b/a Allied Universal Security Services, LLC) (Hereinafter “Allied”)
228. Plaintiff incorporates by reference all prior allegations in this Complaint.
229. On or about January 6, 2017, ALLIED was in a contractual relationship to
provide security at the Fort Lauderdale-Hollywood International Airport.
230. On or about January 6, 2017, ALLIED received financial compensation in
exchange for providing security at the Fort Lauderdale-Hollywood International Airport.
231. On or about January 6, 2017, OLGA WOLTERING, a passenger of DELTA AIR
LINES, was an invitee at the Fort Lauderdale-Hollywood International Airport.
232. On or about January 6, 2017, ALLIED failed to adequately provide security
measures to ensure the safety of business invitees – airport travelers – while in the Fort
Lauderdale-Hollywood International Airport.
233. The security measures utilized by ALLIED, if any, were not sufficient to provide
reasonably safe conditions for airport travelers, business invitees, or other individuals at the Fort
Lauderdale-Hollywood International Airport.
234. ALLIED breached the duty of care it owed OLGA WOLTERING in the
following ways:
a. Failure to devise, implement, and follow a proper security plan, reasonably
designed to protect invitees from harm;
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b. Failure to properly employ and deploy an adequate number of security personnel
to reasonably protect persons on the premises;
c. Failure to utilize reasonable and appropriate measures to protect persons on the
premises when it knew or should have known of a dangerous condition on the premises.
235. A shooting at an airport is a foreseeable event, as previously established.
236. Had the aforementioned security measures been in place, the deadly shooting
could have been averted as Santiago would have been deterred and/or prevented from
committing the crime.
237. As a direct and proximate result of ALLIED’s negligent failure to provide
adequate security, OLGA WOLTERING was shot and killed.
WHEREFORE, Plaintiff, TIMOTHY J. WOLTERING, as the Personal Representative of
the Estate of OLGA WOLTERING, prays that this Court enter judgment against
DEFENDANTS, jointly and severally, for actual and compensatory damages at an amount to be
determined at trial, plus pre-judgment and post-judgment interest, and such other and further
relief in equity or in law that Plaintiff may be entitled to or that this Court deems just and proper.
COUNT X – NEGLIGENT FAILURE TO PROVIDE ADEQUATE SECURITY (Broward County Board of Commissioners
d/b/a Fort Lauderdale-Hollywood Int’l Airport) (Hereinafter “Broward County”)
238. Plaintiff incorporates by reference all prior allegations in this Complaint.
239. On or about January 6, 2017, BROWARD COUNTY owned and operated the
Fort Lauderdale-Hollywood International Airport.
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240. On or about January 6, 2017, OLGA WOLTERING, a passenger of DELTA AIR
LINES, was an invitee at the Fort Lauderdale-Hollywood International Airport.
241. On or about January 6, 2017, BROWARD COUNTY failed to adequately provide
security measures to ensure the safety of business invitees – airport travelers – while in the Fort
Lauderdale-Hollywood International Airport.
242. The security measures utilized by BROWARD COUNTY, if any, were not
sufficient to provide reasonably safe conditions for airport travelers, business invitees, or other
individuals at the Fort Lauderdale-Hollywood International Airport.
243. BROWARD COUNTY breached the duty of care it owed OLGA WOLTERING
in the following ways:
a. Failure to devise, implement, and follow a proper security plan, reasonably
designed to protect invitees from harm;
b. Failure to properly employ and deploy an adequate number of security personnel
to reasonably protect persons on the premises;
c. Failure to utilize reasonable and appropriate measures to protect persons on the
premises when it knew or should have known of a dangerous condition on the premises.
244. A shooting at an airport is a foreseeable event, as previously established.
245. Had the aforementioned security measures been in place, the deadly shooting
could have been averted as Santiago would have been deterred and/or prevented from
committing the crime.
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246. As a direct and proximate result of BROWARD COUNTY’s negligent failure to
provide adequate security, OLGA WOLTERING was shot and killed.
WHEREFORE, Plaintiff, TIMOTHY J. WOLTERING, as the Personal Representative of
the Estate of OLGA WOLTERING, prays that this Court enter judgment against
DEFENDANTS, jointly and severally, for actual and compensatory damages at an amount to be
determined at trial, plus pre-judgment and post-judgment interest, and such other and further
relief in equity or in law that Plaintiff may be entitled to or that this Court deems just and proper.
COUNT XI – NEGLIGENT FAILURE TO PROVIDE ADEQUATE SECURITY (Broward Sheriff’s Office)
(Hereinafter “BSO”)
247. Plaintiff incorporates by reference all prior allegations in this Complaint.
248. On or about January 6, 2017, BSO was in a contractual relationship to provide
security at the Fort Lauderdale-Hollywood International Airport.
249. On or about January 6, 2017, BSO received financial compensation in exchange
for providing security at the Fort Lauderdale-Hollywood International Airport.
250. On or about January 6, 2017, OLGA WOLTERING, a passenger of DELTA AIR
LINES, was an invitee at the Fort Lauderdale-Hollywood International Airport.
251. On or about January 6, 2017, BSO failed to adequately provide security measures
to ensure the safety of business invitees – airport travelers – while in the Fort Lauderdale-
Hollywood International Airport.
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252. The security measures utilized by BSO, if any, were not sufficient to provide
reasonably safe conditions for airport travelers, business invitees, or other individuals at the Fort
Lauderdale-Hollywood International Airport.
253. BSO breached the duty of care it owed OLGA WOLTERING in the following
ways:
a. Failure to devise, implement, and follow a proper security plan, reasonably
designed to protect invitees from harm;
b. Failure to properly employ and deploy an adequate number of security personnel
to reasonably protect persons on the premises;
c. Failure to utilize reasonable and appropriate measures to protect persons on the
premises when it knew or should have known of a dangerous condition on the
premises.
254. A shooting at an airport is a foreseeable event, as previously established.
255. Had the aforementioned security measures been in place, the deadly shooting
could have been averted as Santiago would have been deterred and/or prevented from
committing the crime.
256. As a direct and proximate result of BSO’s negligent failure to provide adequate
security, OLGA WOLTERING was shot and killed.
WHEREFORE, Plaintiff, TIMOTHY J. WOLTERING, as the Personal Representative of
the Estate of OLGA WOLTERING, prays that this Court enter judgment against
DEFENDANTS, jointly and severally, for actual and compensatory damages at an amount to be
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determined at trial, plus pre-judgment and post-judgment interest, and such other and further
relief in equity or in law that Plaintiff may be entitled to or that this Court deems just and proper.
COUNT XII- COMMON LAW NEGLIGENCE (WRONGFUL DEATH) (Delta Air Lines, Inc.)
257. Plaintiff incorporates by reference all prior allegation in this Complaint.
258. At all times relevant to this Complaint, OLGA WOLTERING was a paying
customer of DELTA AIR LINES and was lawfully in the Fort Lauderdale-Hollywood
International Airport.
259. At all times relevant to this Complaint, the Fort Lauderdale-Hollywood
International Airport, including the baggage claim area, was under the care, custody, and control
of all DEFENDANTS.
260. At all times relevant to this Complaint, the Fort Lauderdale-Hollywood
International Airport posed an unreasonably dangerous risk to paying customers, such as OLGA
WOLTERING, because DELTA AIR LINES failed to ensure that the airport was safe and secure
for its paying customers and was free of violent crime and the risk of violent crime.
261. At all times relevant to this Complaint, DELTA AIR LINES was on notice that
the Fort Lauderdale-Hollywood International Airport posed an unreasonably dangerous risk to
paying customers, because airports had previously been the site of shootings and other violent
crimes.
262. DELTA AIR LINES’ conduct of returning a firearm to Esteban Santiago-Ruiz in
the airport on or about January 6, 2017, created a foreseeable zone of risk.
263. DELTA AIR LINES’ conduct of allowing Esteban Santiago-Ruiz to remain in the
Fort Lauderdale-Hollywood International Airport with his firearm on or about January 6, 2017,
created a foreseeable zone of risk.
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264. DELTA AIR LINES had a duty on or about January 6, 2017, “either to lessen the
risk or see that sufficient precautions [were] taken to protect others from the harm that the risk
poses.”17
265. On or about January 5, 2017, and on or about January 6, 2017, Santiago was, as a
fare-paying passenger, in DELTA AIR LINES’ care, custody, and control, and was in contact
with multiple DELTA AIR LINES employees, who were acting within the scope of their
employment.
266. DELTA AIR LINES knew or should have known of the threat that returning a
firearm within the baggage claim area of the airport posed.
267. DELTA AIR LINES knew or should have known of the threat that allowing a
firearm to remain within the baggage claim area of the airport after its return posed.
268. DELTA AIR LINES breached these duties on or about January 6, 2017, by failing
to lessen the risks or to take sufficient precautions to protect others from the risks of harm that
Santiago’s possession of and continued presence with a firearm within the Fort Lauderdale-
Hollywood International Airport posed.
269. Santiago continued shooting his firearm throughout the baggage claim area until
eventually he emptied his ammunition and the shooting stopped.
270. No security personnel or employee of DELTA AIR LINES was present at the
time and location when Santiago had possession of his firearm in the baggage claim area.
271. No action was taken by DELTA AIR LINES to attempt to stop Santiago from
continuing to shoot his firearm.
272. No action was taken by DELTA AIR LINES to safely evacuate its many
passengers in the baggage claim area. 17 McCain at 503.
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273. DELTA AIR LINES had no plan of action to prevent the foreseeable threat of a
mass shooting within the airport.
274. DELTA AIR LINES had no plan for action in response to the foreseeable threat
of a mass shooting within the airport.
275. DELTA negligently failed to provide proper security on or about January 6, 2017.
276. DELTA AIR LINES proximately caused the wrongful death of OLGA
WOLTERING by failing to protect her from the risks of harm that they created by returning the
firearm to Santiago and then allowing Santiago to remain with his firearm in the Fort
Lauderdale-Hollywood International Airport on or about January 6, 2017.
WHEREFORE, Plaintiff, TIMOTHY J. WOLTERING, as the Personal Representative of
the Estate of OLGA WOLTERING, prays that this Court enter judgment against
DEFENDANTS, jointly and severally, for actual and compensatory damages at an amount to be
determined at trial, plus pre-judgment and post-judgment interest, and such other and further
relief in equity or in law that Plaintiff may be entitled to or that this Court deems just and proper.
COUNT XIII- COMMON LAW NEGLIGENCE (WRONGFUL DEATH) (Alliedbarton Security Services, LLC, Allied Universal, Corp., And Universal
Protection Services, LLC d/b/a Allied Universal Security Services, LLC) (Hereinafter “Allied”)
277. Plaintiff incorporates by reference all prior allegation in this Complaint.
278. At all times relevant to this Complaint, OLGA WOLTERING was a paying
customer of DELTA AIR LINES and was lawfully in the Fort Lauderdale-Hollywood
International Airport.
279. At all times relevant to this Complaint, the Fort Lauderdale-Hollywood
International Airport, including the baggage claim area, was under the care, custody, and control
of ALLIED.
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280. At all times relevant to this Complaint, ALLIED was contracted to provide
security services in the Fort Lauderdale-Hollywood International Airport, including for the
baggage claim area.
281. At all times relevant to this Complaint, the Fort Lauderdale-Hollywood
International Airport posed an unreasonably dangerous risk to paying customers, such as OLGA
WOLTERING, because ALLIED failed to ensure that the airport was safe and secure for its
paying customers and was free of violent crime and the risk of violent crime.
282. At all times relevant to this Complaint, ALLIED was on notice that the Fort
Lauderdale-Hollywood International Airport posed an unreasonably dangerous risk to paying
customers, because airports had previously been the site of shootings and other violent crimes.
283. ALLIED’s conduct of allowing Esteban Santiago-Ruiz to remain in the Fort
Lauderdale-Hollywood International Airport with his firearm on or about January 6, 2017,
created a foreseeable zone of risk.
284. ALLIED had a duty on or about January 6, 2017, “either to lessen the risk or see
that sufficient precautions [were] taken to protect others from the harm that the risk poses.”18
285. On or about January 6, 2017, Santiago was in ALLIED’s care, custody, and
control while in the Fort Lauderdale-Hollywood International Airport, and was in contact with
multiple employees of ALLIED, who were acting within the scope of their employment.
286. ALLIED knew or should have known of the threat that DELTA AIR LINES’
returning a firearm within the baggage claim area of the airport posed.
287. ALLIED knew or should have known of the threat that allowing a firearm to
remain within the baggage claim area of the airport after its return posed.
18 McCain at 503.
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288. ALLIED breached these duties on or about January 6, 2017, by failing to lessen
the risks or to take sufficient precautions to protect others from the risks of harm that Santiago’s
possession of and continued presence with a firearm within the Fort Lauderdale-Hollywood
International Airport posed.
289. Santiago continued shooting his firearm throughout the baggage claim area until
eventually he emptied his ammunition and the shooting stopped.
290. No security personnel or employee of ALLIED was present at the time and
location when Santiago had possession of his firearm in the baggage claim area.
291. No action was taken by ALLIED to attempt to stop Santiago from continuing to
shoot his firearm.
292. No action was taken by ALLIED to safely evacuate the many passengers in the
baggage claim area.
293. ALLIED had no plan of action to prevent the foreseeable threat of a mass
shooting within the airport.
294. ALLIED had no plan for action in response to the foreseeable threat of a mass
shooting within the airport.
295. ALLIED proximately caused the wrongful death of OLGA WOLTERING by
failing to protect her from the risk of harm that they created by allowing Santiago to remain with
his firearm in the Fort Lauderdale-Hollywood International Airport on or about January 6, 2017.
WHEREFORE, Plaintiff, TIMOTHY J. WOLTERING, as the Personal Representative of
the Estate of OLGA WOLTERING, prays that this Court enter judgment against
DEFENDANTS, jointly and severally, for actual and compensatory damages at an amount to be
Page 50 of 73
determined at trial, plus pre-judgment and post-judgment interest, and such other and further
relief in equity or in law that Plaintiff may be entitled to or that this Court deems just and proper.
COUNT XIV- COMMON LAW NEGLIGENCE (WRONGFUL DEATH) (Broward County Board of Commissioners,
d/b/a Fort Lauderdale-Hollywood Int’l Airport) (Hereinafter “Broward County”)
296. Plaintiff incorporates by reference all prior allegation in this Complaint.
297. At all times relevant to this Complaint, OLGA WOLTERING was a paying
customer of DELTA AIR LINES and was lawfully in the Fort Lauderdale-Hollywood
International Airport.
298. At all times relevant to this Complaint, the Fort Lauderdale-Hollywood
International Airport was owned by BROWARD COUNTY.
299. At all times relevant to this Complaint, the Fort Lauderdale-Hollywood
International Airport, including the baggage claim area, was under the care, custody, and control
of BROWARD COUNTY.
300. At all times relevant to this Complaint, the Fort Lauderdale-Hollywood
International Airport posed an unreasonably dangerous risk to paying customers, such as OLGA
WOLTERING, because BROWARD COUNTY failed to ensure that the airport was safe and
secure for its paying customers and was free of violent crime and the risk of violent crime.
301. At all times relevant to this Complaint, BROWARD COUNTY was on notice that
the Fort Lauderdale-Hollywood International Airport posed an unreasonably dangerous risk to
paying customers, because airports had previously been the site of shootings and other violent
crimes.
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302. BROWARD COUNTY allowing and condoning airlines, such as DELTA AIR
LINES’, to return a firearm to passenger Esteban Santiago-Ruiz on or about January 6, 2017 in
the Baggage Service Office, created a foreseeable zone of risk.
303. BROWARD COUNTY knew or should have known about DELTA AIR LINES’
policies for returning firearms at the Fort Lauderdale-Hollywood International Airport.
304. BROWARD COUNTY’s conduct of allowing Esteban Santiago-Ruiz to remain in
the Fort Lauderdale-Hollywood International Airport with his firearm on or about January 6,
2017, created a foreseeable zone of risk.
305. BROWARD COUNTY had a duty on or about January 6, 2017, “either to lessen
the risk or see that sufficient precautions [were] taken to protect others from the harm that the
risk poses.”19
306. On or about January 6, 2017, Santiago was, as a fare-paying passenger, in
BROWARD COUNTY’s care, custody, and control, and was in contact with multiple
BROWARD COUNTY employees, who were acting within the scope of their employment.
307. BROWARD COUNTY knew or should have known of the threat that returning a
firearm within the baggage claim area of the airport posed.
308. BROWARD COUNTY knew or should have known of the threat that allowing a
firearm to remain within the baggage claim area of the airport after its return posed.
309. BROWARD COUNTY breached these duties on or about January 6, 2017, by
failing to lessen the risks or to take sufficient precautions to protect others from the risks of harm
that Santiago’s possession of and continued presence with a firearm within the Fort Lauderdale-
Hollywood International Airport posed.
19 McCain at 503.
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310. Santiago continued shooting his firearm throughout the baggage claim area until
eventually he emptied his ammunition and the shooting stopped.
311. No security personnel or employee of BROWARD COUNTY was present at the
time and location when Santiago had possession of his firearm in the baggage claim area.
312. No action was taken by BROWARD COUNTY to attempt to stop Santiago from
continuing to shoot his firearm.
313. No action was taken by BROWARD COUNTY to safely evacuate the many
passengers in the baggage claim area.
314. BROWARD COUNTY had no plan of action to prevent the foreseeable threat of
a mass shooting within the airport.
315. BROWARD COUNTY had no plan for action in response to the foreseeable
threat of a mass shooting within the airport.
316. BROWARD COUNTY proximately caused the wrongful death of OLGA
WOLTERING by failing to protect her from the risks of harm that they created by returning the
firearm to Santiago and then allowing Santiago to remain with his firearm in the Fort
Lauderdale-Hollywood International Airport on or about January 6, 2017.
WHEREFORE, Plaintiff, TIMOTHY J. WOLTERING, as the Personal Representative of
the Estate of OLGA WOLTERING, prays that this Court enter judgment against
DEFENDANTS, jointly and severally, for actual and compensatory damages at an amount to be
determined at trial, plus pre-judgment and post-judgment interest, and such other and further
relief in equity or in law that Plaintiff may be entitled to or that this Court deems just and proper.
Page 53 of 73
COUNT XV- COMMON LAW NEGLIGENCE (WRONGFUL DEATH) (Broward Sheriff’s Office)
(Hereinafter “BSO”)
317. Plaintiff incorporates by reference all prior allegation in this Complaint.
318. At all times relevant to this Complaint, OLGA WOLTERING was a paying
customer of DELTA AIR LINES and was lawfully in the Fort Lauderdale-Hollywood
International Airport.
319. At all times relevant to this Complaint, the Fort Lauderdale-Hollywood
International Airport, including the baggage claim area, was under the care, custody, and control
of BSO.
320. At all times relevant to this Complaint, the Fort Lauderdale-Hollywood
International Airport posed an unreasonably dangerous risk to paying customers, such as OLGA
WOLTERING, because BSO failed to ensure that the airport was safe and secure for its paying
customers and was free of violent crime and the risk of violent crime.
321. At all times relevant to this Complaint, BSO was on notice that the Fort
Lauderdale-Hollywood International Airport posed an unreasonably dangerous risk to paying
customers, because airports had previously been the site of shootings and other violent crimes.
322. BSO’s conduct of allowing DETLA to return a firearm to Esteban Santiago-Ruiz
in the airport on or about January 6, 2017, created a foreseeable zone of risk.
323. BSO’s conduct of allowing Esteban Santiago-Ruiz to remain in the Fort
Lauderdale-Hollywood International Airport with his firearm on or about January 6, 2017,
created a foreseeable zone of risk.
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324. BSO had a duty on or about January 6, 2017, “either to lessen the risk or see that
sufficient precautions [were] taken to protect others from the harm that the risk poses.”20
325. On or about January 6, 2017, Santiago was, as a fare-paying passenger, in BSO’s
care, custody, and control, and was in contact with multiple BSO employees, who were acting
within the scope of their employment.
326. BSO knew or should have known of the threat that returning a firearm within the
baggage claim area of the airport posed.
327. BSO knew or should have known of the threat that allowing a firearm to remain
within the baggage claim area of the airport after its return posed.
328. BSO breached these duties on or about January 6, 2017, by failing to lessen the
risks or to take sufficient precautions to protect others from the risks of harm that Santiago’s
possession of and continued presence with a firearm within the Fort Lauderdale-Hollywood
International Airport posed.
329. Santiago continued shooting his firearm throughout the baggage claim area until
eventually he emptied his ammunition and the shooting stopped.
330. No security personnel or employee of BSO was present at the time and location
when Santiago had possession of his firearm in the baggage claim area.
331. No action was taken by BSO to attempt to stop Santiago from continuing to shoot
his firearm.
332. No action was taken by BSO to safely evacuate the many passengers in the
baggage claim area.
333. BSO had no plan of action to prevent the foreseeable threat of a mass shooting
within the airport. 20 McCain at 503.
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334. BSO had no plan for action in response to the foreseeable threat of a mass
shooting within the airport.
335. BSO proximately caused the wrongful death of OLGA WOLTERING by failing
to protect her from the risks of harm that they created by returning the firearm to Santiago and
then allowing Santiago to remain with his firearm in the Fort Lauderdale-Hollywood
International Airport on or about January 6, 2017.
WHEREFORE, Plaintiff, TIMOTHY J. WOLTERING, as the Personal Representative of
the Estate of OLGA WOLTERING, prays that this Court enter judgment against
DEFENDANTS, jointly and severally, for actual and compensatory damages at an amount to be
determined at trial, plus pre-judgment and post-judgment interest, and such other and further
relief in equity or in law that Plaintiff may be entitled to or that this Court deems just and proper.
COUNT XVI – NEGLIGENCE PER SE (Delta Air Lines, Inc.)
336. Plaintiff incorporates by reference all prior allegation in this Complaint.
337. At all times relevant to this Complaint, DELTA AIR LINES, by their officers,
agents, employees, or representatives, owed Decedent, OLGA WOLTERING, a duty to comply
with all applicable laws, including Florida Statutes, to ensure the safety of all passengers.
338. DELTA AIR LINES, through their officers, agents, employees, or representatives,
breached this duty owed to OLGA WOLTERING by violating Florida Statute section
790.06(12)(a)(14).
339. Florida Statutes section 790.06(12)(a)(14) states that a concealed carry license
“does not authorize any person to openly carry a handgun or carry a concealed weapon or
firearm into . . . [t]he inside of the passenger terminal and sterile area of any airport, provided
Page 56 of 73
that no person shall be prohibited from carrying any legal firearm into the terminal, which
firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully
transported on any aircraft.” (Emphasis added.)
340. DELTA AIR LINES violated Florida Statute section 790.06(12)(a)(14) by
returning Esteban Santiago-Ruiz’s firearm to him inside the passenger terminal of the airport for
a purpose other than checking it on a flight.
341. OLGA WOLTERING was shot and killed as a direct and proximate result of
DELTA AIR LINES’ violation of Florida Statute section 790.06(12)(a)(14).
342. Plaintiff, TIMOTHY WOLTERING, as the Personal Representative of the Estate
of OLGA WOLTERING, suffered damages as a result of DELTA AIR LINES’ failure to follow
all applicable laws, including Florida Statutes.
WHEREFORE, Plaintiff, TIMOTHY J. WOLTERING, as the Personal Representative of
the Estate of OLGA WOLTERING, prays that this Court enter judgment against
DEFENDANTS, jointly and severally, for actual and compensatory damages at an amount to be
determined at trial, plus pre-judgment and post-judgment interest, and such other and further
relief in equity or in law that Plaintiff may be entitled to or that this Court deems just and proper.
COUNT XVII – NEGLIGENCE PER SE (Alliedbarton Security Services, LLC, Allied Universal, Corp., and Universal
Protection Services, LLC d/b/a Allied Universal Security Services, LLC) (Hereinafter “Allied”)
343. Plaintiff incorporates by reference all prior allegation in this Complaint.
344. At all times relevant to this Complaint, ALLIED, by their officers, agents,
employees, or representatives, owed Decedent, OLGA WOLTERING, a duty to comply with all
applicable laws, including Florida Statutes, to ensure the safety of all travelers.
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345. ALLIED, through their officers, agents, employees, or representatives, breached
this duty owed to OLGA WOLTERING by violating Florida Statute section 790.06(12)(a)(14).
346. Florida Statutes section 790.06(12)(a)(14) states that a concealed carry license
“does not authorize any person to openly carry a handgun or carry a concealed weapon or
firearm into . . . [t]he inside of the passenger terminal and sterile area of any airport, provided
that no person shall be prohibited from carrying any legal firearm into the terminal, which
firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully
transported on any aircraft.” (Emphasis added.)
347. ALLIED violated Florida Statute section 790.06(12)(a)(14) by condoning and
facilitating the return of Esteban Santiago-Ruiz’s firearm in the baggage claim and allowing him
to remain inside the passenger terminal of the airport with his firearm.
348. OLGA WOLTERING was shot and killed as a direct and proximate result of
ALLIED’s violation of Florida Statute section 790.06(12)(a)(14).
349. Plaintiff, TIMOTHY WOLTERING, as the Personal Representative of the Estate
of OLGA WOLTERING, suffered damages as a result of ALLIED’s failure to follow all
applicable laws, including Florida Statutes.
WHEREFORE, Plaintiff, TIMOTHY J. WOLTERING, as the Personal Representative of
the Estate of OLGA WOLTERING, prays that this Court enter judgment against
DEFENDANTS, jointly and severally, for actual and compensatory damages at an amount to be
determined at trial, plus pre-judgment and post-judgment interest, and such other and further
relief in equity or in law that Plaintiff may be entitled to or that this Court deems just and proper.
Page 58 of 73
COUNT XVIII – NEGLIGENCE PER SE (Broward County Board of Commissioners,
d/b/a Fort Lauderdale-Hollywood Int’l Airport) (Hereinafter “Broward County”)
350. Plaintiff incorporates by reference all prior allegation in this Complaint.
351. At all times relevant to this Complaint, BROWARD COUNTY, by its officers,
agents, employees, or representatives, owed Decedent, OLGA WOLTERING, a duty to comply
with all applicable laws, including Florida Statutes, to ensure the safety of all travelers.
352. BROWARD COUNTY, through its officers, agents, employees or
representatives, breached this duty owed to OLGA WOLTERING by violating Florida Statute
section 790.06(12)(a)(14).
353. Florida Statutes section 790.06(12)(a)(14) states that a concealed carry license
“does not authorize any person to openly carry a handgun or carry a concealed weapon or
firearm into . . . [t]he inside of the passenger terminal and sterile area of any airport, provided
that no person shall be prohibited from carrying any legal firearm into the terminal, which
firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully
transported on any aircraft.” (Emphasis added.)
354. BROWARD COUNTY violated Florida Statute section 790.06(12)(a)(14) by
condoning and facilitating the return of Esteban Santiago-Ruiz’s firearm in the baggage claim
and allowing him to remain inside the passenger terminal of the airport with his firearm.
355. OLGA WOLTERING was shot and killed as a direct and proximate result of
BROWARD COUNTY’s violation of Florida Statute section 790.06(12)(a)(14).
356. Plaintiff, TIMOTHY WOLTERING, as the Personal Representative of the Estate
of OLGA WOLTERING, suffered damages as a result of BROWARD COUNTY’s failure to
follow all applicable laws, including Florida Statutes.
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WHEREFORE, Plaintiff, TIMOTHY J. WOLTERING, as the Personal Representative of
the Estate of OLGA WOLTERING, prays that this Court enter judgment against
DEFENDANTS, jointly and severally, for actual and compensatory damages at an amount to be
determined at trial, plus pre-judgment and post-judgment interest, and such other and further
relief in equity or in law that Plaintiff may be entitled to or that this Court deems just and proper.
COUNT XIX – NEGLIGENCE PER SE (Broward Sheriff’s Office)
(Hereinafter “BSO”)
357. Plaintiff incorporates by reference all prior allegation in this Complaint.
358. At all times relevant to this Complaint, BSO, by its officers, agents, employees, or
representatives, owed Decedent, OLGA WOLTERING, a duty to comply with all applicable
laws, including Florida Statutes, to ensure the safety of all travelers.
359. BSO, through its officers, agents, employees, or representatives, breached this
duty owed to OLGA WOLTERING by violating Florida Statute section 790.06(12)(a)(14).
360. Florida Statutes section 790.06(12)(a)(14) states that a concealed carry license
“does not authorize any person to openly carry a handgun or carry a concealed weapon or
firearm into . . . [t]he inside of the passenger terminal and sterile area of any airport, provided
that no person shall be prohibited from carrying any legal firearm into the terminal, which
firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully
transported on any aircraft.” (Emphasis added.)
361. BSO violated Florida Statute section 790.06(12)(a)(14) by condoning and
facilitating the return of Esteban Santiago-Ruiz’s firearm in the baggage claim and allowing him
to remain inside the passenger terminal of the airport with his firearm.
Page 60 of 73
362. OLGA WOLTERING was shot and killed as a direct and proximate result of
BSO’s violation of Florida Statute section 790.06(12)(a)(14).
363. Plaintiff, TIMOTHY WOLTERING, as the Personal Representative of the Estate
of OLGA WOLTERING, suffered damages as a result of BSO’s failure to follow all applicable
laws, including Florida Statutes.
WHEREFORE, Plaintiff, TIMOTHY J. WOLTERING, as the Personal Representative of
the Estate of OLGA WOLTERING, prays that this Court enter judgment against
DEFENDANTS, jointly and severally, for actual and compensatory damages at an amount to be
determined at trial, plus pre-judgment and post-judgment interest, and such other and further
relief in equity or in law that Plaintiff may be entitled to or that this Court deems just and proper.
COUNT XX – NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS (Delta Air Lines, Inc.)
364. Plaintiff incorporates by reference all prior allegations in this Complaint.
365. At all times relevant to this Complaint, Decedent, OLGA WOLTERING, was
married to her husband, RALPH WOLTERING, who has suffered losses as a result of DELTA
AIR LINES’ wrongful conduct.
366. TIMOTHY WOLTERING, as the Personal Representative of the Estate of OLGA
WOLTERING, brings this claim for Negligent Infliction of Emotional Distress on behalf of his
father, RALPH WOLTERING, after OLGA WOLTERING’s death was caused by the wrongful
act, negligence, default, or breach of warranty of DELTA AIR LINES as described herein.
367. RALPH WOLTERING was married to OLGA WOLTERING for over sixty-four
(64) years, from July 19, 1952, to January 6, 2017.
Page 61 of 73
368. At all relevant times, DELTA AIR LINES owed OLGA WOLTERING and her
husband RALPH WOLTERING a duty to act with reasonable care, and/or the injury to OLGA
WOLTERING was reasonably foreseeable.
369. At all relevant times, DELTA AIR LINES had the power, ability, authority and
duty to stop the acts of Esteban Santiago-Ruiz described herein and to intervene to prevent or
prohibit such acts.
370. At all relevant times, DELTA AIR LINES knew, or reasonably should have
known, that Santiago’s conduct described herein would proximately result in OLGA
WOLTERING’s death, causing RALPH WOLTERING physical and emotional distress.
371. Despite said knowledge, power, and duty, DELTA AIR LINES negligently failed
to stop the acts of Santiago described herein or to prevent or to prohibit such acts or otherwise to
protect OLGA and RALPH WOLTERING, thereby breaching their duty to them.
372. RALPH WOLTERING was directly next to his wife, OLGA WOLTERING,
when she was fatally shot in the head at the Fort Lauderdale-Hollywood International Airport on
January 6, 2017.
373. Ralph then sat with his wife’s body until authorities intervened.
374. As a direct and legal result of DELTA AIR LINES’ negligent and wrongful acts,
RALPH WOLTERING has suffered and will continue to suffer significant injury, pain and
suffering, extreme and severe mental anguish, and emotional distress.
WHEREFORE, Plaintiff, TIMOTHY J. WOLTERING, as the Personal Representative of
the Estate of OLGA WOLTERING, prays that this Court enter judgment against
DEFENDANTS, jointly and severally, for actual and compensatory damages at an amount to be
Page 62 of 73
determined at trial, plus pre-judgment and post-judgment interest, and such other and further
relief in equity or in law that Plaintiff may be entitled to or that this Court deems just and proper.
COUNT XXI – NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS (Alliedbarton Security Services, LLC, Allied Universal Corp., and Universal
Protection Services, LLC d/b/a Allied Universal Security Services, LLC) (Hereinafter “Allied”)
375. Plaintiff incorporates by reference all prior allegations in this Complaint.
376. At all times relevant to this Complaint, Decedent, OLGA WOLTERING, was
married to her husband, RALPH WOLTERING, who has suffered losses as a result of
ALLIED’s wrongful conduct.
377. TIMOTHY WOLTERING, as the Personal Representative of the Estate of OLGA
WOLTERING, brings this claim for Negligent Infliction of Emotional Distress on behalf of his
father, RALPH WOLTERING, after OLGA WOLTERING’s death was caused by the wrongful
act, negligence, or default of ALLIED as described herein.
378. RALPH WOLTERING was married to OLGA WOLTERING for over sixty-four
(64) years, from July 19, 1952, to January 6, 2017.
379. At all relevant times, ALLIED owed OLGA WOLTERING and her husband
RALPH WOLTERING a duty to act with reasonable care, and/or the injury to OLGA
WOLTERING was reasonably foreseeable.
380. At all relevant times, ALLIED had the power, ability, authority and duty to stop
the acts of Esteban Santiago-Ruiz described herein and to intervene to prevent or prohibit such
acts.
381. At all relevant times, ALLIED knew, or reasonably should have known, that
Santiago’s conduct described herein would proximately result in OLGA WOLTERING’s death,
causing RALPH WOLTERING physical and emotional distress.
Page 63 of 73
382. Despite said knowledge, power, and duty, ALLIED negligently failed to stop the
acts of Santiago described herein, or to prevent or to prohibit such acts, or otherwise to protect
OLGA and RALPH WOLTERING, thereby breaching its duty to them.
383. RALPH WOLTERING was directly next to his wife, OLGA WOLTERING,
when she was fatally shot in the head at the Fort Lauderdale-Hollywood International Airport on
January 6, 2017.
384. Ralph then sat with his wife’s body until authorities intervened.
385. As a direct and legal result of ALLIED’s negligent and wrongful acts, RALPH
WOLTERING has suffered and will continue to suffer significant injury, pain and suffering,
extreme and severe mental anguish, and emotional distress.
WHEREFORE, Plaintiff, TIMOTHY J. WOLTERING, as the Personal Representative of
the Estate of OLGA WOLTERING, prays that this Court enter judgment against
DEFENDANTS, jointly and severally, for actual and compensatory damages at an amount to be
determined at trial, plus pre-judgment and post-judgment interest, and such other and further
relief in equity or in law that Plaintiff may be entitled to or that this Court deems just and proper.
COUNT XXII – NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS (Broward County Board of Commissioners,
d/b/a Fort Lauderdale-Hollywood Int’l Airport) (Hereinafter “Broward County”)
386. Plaintiff incorporates by reference all prior allegations in this Complaint.
387. At all times relevant to this Complaint, Decedent, OLGA WOLTERING, was
married to her husband, RALPH WOLTERING, who has suffered losses as a result of
BROWARD COUNTY’s wrongful conduct.
Page 64 of 73
388. TIMOTHY WOLTERING, as the Personal Representative of the Estate of OLGA
WOLTERING, brings this claim for Negligent Infliction of Emotional Distress on behalf of his
father, RALPH WOLTERING, after OLGA WOLTERING’s death was caused by the wrongful
act, negligence, default, or breach of warranty of BROWARD COUNTY as described herein.
389. RALPH WOLTERING was married to OLGA WOLTERING for over sixty-four
(64) years, from July 19, 1952, to January 6, 2017.
390. At all relevant times BROWARD COUNTY owed OLGA WOLTERING and her
husband RALPH WOLTERING a duty to act with reasonable care, and/or the injury to OLGA
WOLTERING was reasonably foreseeable.
391. At all relevant times, BROWARD COUNTY had the power, ability, authority and
duty to stop the acts of Esteban Santiago-Ruiz described herein and to intervene to prevent or
prohibit such acts.
392. At all relevant times, BROWARD COUNTY knew, or reasonably should have
known, that Santiago’s conduct described herein would proximately result in OLGA
WOLTERING’s death, causing RALPH WOLTERING physical and emotional distress.
393. Despite said knowledge, power, and duty, BROWARD COUNTY negligently
failed to stop the acts of Santiago described herein or to prevent or to prohibit such acts or
otherwise to protect OLGA and RALPH WOLTERING, thereby breaching its duty to them.
394. RALPH WOLTERING was directly next to his wife, OLGA WOLTERING,
when she was fatally shot in the head at the Fort Lauderdale-Hollywood International Airport on
January 6, 2017.
395. Ralph then sat with his wife’s body until authorities intervened.
Page 65 of 73
396. As a direct and legal result of BROWARD COUNTY’s negligent and wrongful
acts, RALPH WOLTERING has suffered and will continue to suffer significant injury, pain and
suffering, extreme and severe mental anguish, and emotional distress.
WHEREFORE, Plaintiff, TIMOTHY J. WOLTERING, as the Personal Representative of
the Estate of OLGA WOLTERING, prays that this Court enter judgment against
DEFENDANTS, jointly and severally, for actual and compensatory damages at an amount to be
determined at trial, plus pre-judgment and post-judgment interest, and such other and further
relief in equity or in law that Plaintiff may be entitled to or that this Court deems just and proper.
COUNT XXIII – NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS (Broward Sheriff’s Office)
(Hereinafter “BSO”)
397. Plaintiff incorporates by reference all prior allegations in this Complaint.
398. At all times relevant to this Complaint, Decedent, OLGA WOLTERING, was
married to her husband, RALPH WOLTERING, who has suffered losses as a result of BSO’s
wrongful conduct.
399. TIMOTHY WOLTERING, as the Personal Representative of the Estate of OLGA
WOLTERING, brings this claim for Negligent Infliction of Emotional Distress on behalf of his
father, RALPH WOLTERING, after OLGA WOLTERING’s death was caused by the wrongful
act, negligence, default, or breach of warranty of BSO as described herein.
400. RALPH WOLTERING was married to OLGA WOLTERING for over sixty-four
(64) years, from July 19, 1952, to January 6, 2017.
401. At all relevant times, BSO owed OLGA WOLTERING and her husband RALPH
WOLTERING a duty to act with reasonable care, and/or the injury to OLGA WOLTERING was
reasonably foreseeable.
Page 66 of 73
402. At all relevant times, BSO had the power, ability, authority, and duty to stop the
acts of Esteban Santiago-Ruiz described herein and to intervene to prevent or prohibit such acts.
403. At all relevant times, BSO knew, or reasonably should have known, that
Santiago’s conduct described herein would proximately result in OLGA WOLTERING’s death,
causing RALPH WOLTERING physical and emotional distress.
404. Despite said knowledge, power, and duty, BSO negligently failed to stop the acts
of Santiago described herein or to prevent, or to prohibit such acts, or otherwise to protect OLGA
and RALPH WOLTERING, thereby breaching its duty to them.
405. RALPH WOLTERING was directly next to his wife, OLGA WOLTERING,
when she was fatally shot in the head at the Fort Lauderdale-Hollywood International Airport on
January 6, 2017.
406. Ralph then sat with his wife’s body until authorities intervened.
407. As a direct and legal result of BSO’s negligent and wrongful acts, RALPH
WOLTERING has suffered and will continue to suffer significant injury, pain and suffering,
extreme and severe mental anguish, and emotional distress.
WHEREFORE, Plaintiff, TIMOTHY J. WOLTERING, as the Personal Representative of
the Estate of OLGA WOLTERING, prays that this Court enter judgment against
DEFENDANTS, jointly and severally, for actual and compensatory damages at an amount to be
determined at trial, plus pre-judgment and post-judgment interest, and such other and further
relief in equity or in law that Plaintiff may be entitled to or that this Court deems just and proper.
COUNT XXIV – LOSS OF CONSORTIUM (Delta Air Lines, Inc.)
408. Plaintiff incorporates by reference all prior allegations in this Complaint.
Page 67 of 73
409. At all times relevant to this Complaint, Decedent, OLGA WOLTERING, was
married to her husband, RALPH WOLTERING, who has suffered losses as a result of DELTA
AIR LINES’ wrongful conduct.
410. TIMOTHY WOLTERING, as the Personal Representative of the Estate of OLGA
WOLTERING, brings this claim for loss of consortium on behalf of his father, RALPH
WOLTERING, after OLGA WOLTERING’s death was caused by the wrongful act, negligence,
default, or breach of warranty of DELTA AIR LINES as described herein.
411. RALPH WOLTERING was married to OLGA WOLTERING for over sixty-four
(64) years, from July 19, 1952, to January 6, 2017, when their marriage was abruptly and
traumatically ended by a fatal bullet.
412. Both RALPH WOLTERING’s marital relationship and marital association with
OLGA WOLTERING have ended due to DELTA AIR LINES’ wrongful and negligent conduct.
413. For the reasons set forth herein, RALPH WOLTERING has lost his beloved
wife’s irreplaceable support, companionship, services, society, love, and affection. RALPH
WOLTERING describes his life after losing OLGA as “living a nightmare.”
414. Since January 6, 2017, RALPH WOLTERING has suffered great emotional pain
and mental anguish as a direct and proximate result of the death of his wife, OLGA
WOLTERING.
415. As a direct and proximate result of DELTA AIR LINES’ wrongful conduct
described herein, RALPH WOLTERING is suffering and will continue to suffer severe
emotional distress, mental anguish, pain and suffering, impairment of personal relationships, and
other damages.
Page 68 of 73
WHEREFORE, Plaintiff, TIMOTHY J. WOLTERING, as the Personal Representative of
the Estate of OLGA WOLTERING, prays that this Court enter judgment against
DEFENDANTS, jointly and severally, for actual and compensatory damages at an amount to be
determined at trial, plus pre-judgment and post-judgment interest, and such other and further
relief in equity or in law that Plaintiff may be entitled to or that this Court deems just and proper.
COUNT XXV – LOSS OF CONSORTIUM (Alliedbarton Security Services, LLC, Allied Universal Corp., and Universal
Protection Services, LLC d/b/a Allied Universal Security Services, LLC) (Hereinafter “Allied”)
416. Plaintiff incorporates by reference all prior allegations in this Complaint.
417. At all times relevant to this Complaint, Decedent, OLGA WOLTERING, was
married to her husband, RALPH WOLTERING, who has suffered losses as a result of
ALLIED’s wrongful conduct.
418. TIMOTHY WOLTERING, as the Personal Representative of the Estate of OLGA
WOLTERING, brings this claim for loss of consortium on behalf of his father, RALPH
WOLTERING, after OLGA WOLTERING’s death was caused by the wrongful act, negligence
or default of ALLIED as described herein.
419. RALPH WOLTERING was married to OLGA WOLTERING for over sixty-four
(64) years, from July 19, 1952, to January 6, 2017, when their marriage was abruptly and
traumatically ended by a fatal bullet.
420. Both RALPH WOLTERING’s marital relationship and marital association with
OLGA WOLTERING have ended due to ALLIED’s wrongful and negligent conduct.
421. For the reasons set forth herein, RALPH WOLTERING has lost his beloved
wife’s irreplaceable support, companionship, services, society, love, and affection. RALPH
WOLTERING describes his life after losing OLGA as “living a nightmare.”
Page 69 of 73
422. Since January 6, 2017, RALPH WOLTERING has suffered great emotional pain
and mental anguish as a direct and proximate result of the death of his wife, OLGA
WOLTERING.
423. As a direct and proximate result of ALLIED’s wrongful conduct described herein,
RALPH WOLTERING is suffering and will continue to suffer severe emotional distress, mental
anguish, pain and suffering, impairment of personal relationships, and other damages.
WHEREFORE, Plaintiff, TIMOTHY J. WOLTERING, as the Personal Representative of
the Estate of OLGA WOLTERING, prays that this Court enter judgment against
DEFENDANTS, jointly and severally, for actual and compensatory damages at an amount to be
determined at trial, plus pre-judgment and post-judgment interest, and such other and further
relief in equity or in law that Plaintiff may be entitled to or that this Court deems just and proper.
COUNT XVI – LOSS OF CONSORTIUM (Broward County Board of Commissioners,
d/b/a Fort Lauderdale-Hollywood Int’l Airport) (Hereinafter “Broward County”)
424. Plaintiff incorporates by reference all prior allegations in this Complaint.
425. At all times relevant to this Complaint, Decedent, OLGA WOLTERING, was
married to her husband, RALPH WOLTERING, who has suffered losses as a result of
BROWARD COUNTY’s wrongful conduct.
426. TIMOTHY WOLTERING, as the Personal Representative of the Estate of OLGA
WOLTERING, brings this claim for loss of consortium on behalf of his father, RALPH
WOLTERING, after OLGA WOLTERING’s death was caused by the wrongful act, negligence,
or default of BROWARD COUNTY as described herein.
Page 70 of 73
427. RALPH WOLTERING was married to OLGA WOLTERING for over sixty-four
(64) years, from July 19, 1952, to January 6, 2017, when their marriage was abruptly and
traumatically ended by a fatal bullet.
428. Both RALPH WOLTERING’s marital relationship and marital association with
OLGA WOLTERING have ended due to BROWARD COUNTY’s wrongful and negligent
conduct.
429. For the reasons set forth herein, RALPH WOLTERING has lost his beloved
wife’s irreplaceable support, companionship, services, society, love, and affection. RALPH
WOLTERING describes his life after losing OLGA as “living a nightmare.”
430. Since January 6, 2017, RALPH WOLTERING has suffered great emotional pain
and mental anguish as a direct and proximate result of the death of his wife, OLGA
WOLTERING.
431. As a direct and proximate result of BROWARD COUNTY’s wrongful conduct
described herein, RALPH WOLTERING is suffering and will continue to suffer severe
emotional distress, mental anguish, pain and suffering, impairment of personal relationships, and
other damages.
WHEREFORE, Plaintiff, TIMOTHY J. WOLTERING, as the Personal Representative of
the Estate of OLGA WOLTERING, prays that this Court enter judgment against
DEFENDANTS, jointly and severally, for actual and compensatory damages at an amount to be
determined at trial, plus pre-judgment and post-judgment interest, and such other and further
relief in equity or in law that Plaintiff may be entitled to or that this Court deems just and proper.
Page 71 of 73
COUNT XVII – LOSS OF CONSORTIUM (Broward Sheriff’s Office)
(Hereinafter “BSO”)
432. Plaintiff incorporates by reference all prior allegations in this Complaint.
433. At all times relevant to this Complaint, Decedent, OLGA WOLTERING, was
married to her husband, RALPH WOLTERING, who has suffered losses as a result of BSO’s
wrongful conduct.
434. TIMOTHY WOLTERING, as the Personal Representative of the Estate of OLGA
WOLTERING, brings this claim for loss of consortium on behalf of his father, RALPH
WOLTERING, after OLGA WOLTERING’s death was caused by the wrongful act, negligence
or default of BSO as described herein.
435. RALPH WOLTERING was married to OLGA WOLTERING for over sixty-four
(64) years, from July 19, 1952, to January 6, 2017, when their marriage was abruptly and
traumatically ended by a fatal bullet.
436. Both RALPH WOLTERING’s marital relationship and marital association with
OLGA WOLTERING have ended due to BSO’s wrongful and negligent conduct.
437. For the reasons set forth herein, RALPH WOLTERING has lost his beloved
wife’s irreplaceable support, companionship, services, society, love, and affection. RALPH
WOLTERING describes his life after losing OLGA as “living a nightmare.”
438. Since January 6, 2017, RALPH WOLTERING has suffered great emotional pain
and mental anguish as a direct and proximate result of the death of his wife, OLGA
WOLTERING.
Page 72 of 73
439. As a direct and proximate result of BSO’s wrongful conduct described herein,
RALPH WOLTERING is suffering and will continue to suffer severe emotional distress, mental
anguish, pain and suffering, impairment of personal relationships, and other damages.
WHEREFORE, Plaintiff, TIMOTHY J. WOLTERING, as the Personal Representative of
the Estate of OLGA WOLTERING, prays that this Court enter judgment against
DEFENDANTS, jointly and severally, for actual and compensatory damages at an amount to be
determined at trial, plus pre-judgment and post-judgment interest, and such other and further
relief in equity or in law that Plaintiff may be entitled to or that this Court deems just and proper.
DEMAND FOR JURY TRIAL
Plaintiff, TIMOTHY J. WOLTERING, as the Personal Representative of THE ESTATE
OF OLGA WOLTERING, demands that the issues herein be tried by a jury.
Dated this 8th day of January, 2018.
Respectfully submitted,
DI PIETRO PARTNERS, LLP 101 NE 3rd Ave., Suite 1410 Fort Lauderdale, FL 33301 Primary Service Email: [email protected] Telephone: (954) 712-3070 Facsimile: (954) 337-3824 /s/ David Di Pietro DAVID DI PIETRO, ESQ. Florida Bar No.: 10370 [email protected] NICOLE M. MARTELL, ESQ. Florida Bar No.: 100172 [email protected] MARIA R. SCHIUMA, ESQ. Florida Bar No.: 105543 [email protected]
Page 73 of 73
JAY SPECHLER, ESQ. Florida Bar No.: 270342 [email protected] GARY COWART, ESQ. Florida Bar No.: 370525 [email protected]
EXHIBIT A
EXHIBIT B
Exhibit 2 Page 1 of 74
AGREEMENT
Between
BROWARD COUNTY
and
ALLIEDBARTON SECURITY SERVICES, LLC
for
SECURITY OFFICER SERVICES FOR PORT EVERGLADES, FORT LAUDERDALE-HOLLYWOOD INTERNATIONAL AIRPORT,
AND NORTH PERRY AIRPORT
RFP # R1311116P1
EXHIBIT C
Exhibit 2 Page 2 of 74
INDEX
Article Page
1 RECITALS ........................................... ...... ...... ... ... ....... .......... ............. 2
2 DEFINITIONS AND IDENTIFICATIONS .. ............ ......... .......... ........ ..... 2
3 SCOPE OF SERVICES ........ ........... .............. .... ....... .... .... ..... ... .... ....... 5
4 TERM AND TIME OF PERFORMANCE ............. ................................. 6
5 OBLIGATIONS OF ALLIEDBARTON .. ..................... .... .... ..... .... ... ... .. ... 7
6 OFFICE SPACE ..... ................... .. ... ... ....... .... ........ .. ............................ 10
7 COMPENSATION ... ..... ...... ... ... .... ................................................. ..... 1 0
8 OPERATIONAL STANDARDS ..... ............................ ..... .......... .. ..... .... 14
9 INDEMNIFICATION ....................... ... ..... ... .. ..... ... ................... ..... .. ... .. 15
10 INSURANCE .......... ....... ............. ........ ...... .. ... ... .................................. 16
11 TERMINATION ........ ........ ........ ... ..... ............ .. .. .................................. 17
12 EEO AND CBE COMPLIANCE ..... .. ...... .... ... ... .. ... .... ................. ......... 19
13 SECURITY .... .. ... ... ... ... ........ ... ...... ... .. .... ........ ... ....................... .. ......... 23
14 MISCELLANEOUS .. .............. .......... ................................................... 25
Exhibits and Attachments: Exhibit A Scope of Services Exhibit B Hourly Rate of Pay Schedule Exhibit C Statement of Compliance- Prevailing Wage Rate Ordinance Exhibit D Letters of Intent - Schedule of CBE Participation Exhibit E Certification of Payments to Subcontractors and Suppliers Exhibit F Certificate of Insurance Attachment I Nondiscrimination Requirements Attachment II Provisions Pertaining to Airport Projects
Exhibit 2 Page 3 of 74
AGREEMENT
Between
BROWARD COUNTY
and
ALLIEDBARTON SECURITY SERVICES, LLC
for
SECURITY OFFICER SERVICES FOR PORT EVERGLADES, FORT LAUDERDALE-HOLLYWOOD INTERNATIONAL AIRPORT,
AND NORTH PERRY AIRPORT
RFP # R1311116P1
This is an Agreement ("Agreement"), made and entered into by and between: BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY,"
and
ALLIEDBARTON SECURITY SERVICES, LLC, a Delaware corporation authorized to transact business in the state of Florida, hereinafter referred to as "ALLIEDBARTON," (collectively referred to as the "Parties").
WITNESSETH:
WHEREAS, COUNTY is the owner and operator of the Fort Lauderdale-Hollywood International Airport , the North Perry Airport, and appurtenant facilities (hereinafter referred to as "Airports") and Port Everglades, a deepwater port and appurtenant facilities (hereinafter referred to as "Port") , both of which are located in Broward County, Florida; and
WHEREAS, COUNTY is required to maintain continuous and uninterrupted law enforcement and security services to safeguard persons and property at the Airports and the Port; and
WHEREAS, a Request for Proposal ("RFP") was issued requesting proposals for Security Officer Services for the Airports and the Port; and
-1-
Exhibit 2 Page 4 of 74
WHEREAS, ALLIEDBARTON represents that it is experienced in the business of providing the security officer services required under this Agreement; and
WHEREAS, the COUNTY desires to engage ALLIEDBARTON to provide security officer services at the Airports and the Port under an agreement containing mutually satisfactory terms and covenants; NOW THEREFORE
IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, the Parties agree as follows:
ARTICLE 1
RECITALS
1.1 . The above recitals are true and correct and are incorporated herein as set forth in full hereunder.
1.2 COUNTY finds that the provision of security officer services at the Airports and the Port as set forth in this Agreement is in the best interest of the public and the residents of Broward County.
ARTICLE 2
DEFINITIONS AND IDENTIFICATIONS
The following definitions apply unless the context in which the word or phrase is used requires a different definition:
2.1 Access Control Points shall mean checkpoints, designated by the Port, which may change from time to time, and staffed by security personnel requiring persons seeking entry to the Controlled Access Area to present necessary identification.
2.2 Agreement shall mean this Agreement, which includes Articles 1 through 14, the exhibits, and documents that are expressly incorporated herein by reference.
2.3 Airports shall mean the Fort Lauderdale-Hollywood International Airport and the North Perry Airport , located in Broward County, Florida.
2.4 Airport Operations Area or AOA shall mean a portion of an airport, specified in the Airport Security Program, in which security measures specified in 49 CFR Part 1500 are carried out. This area includes aircraft movement areas , aircraft parking areas, loading ramps, and safety areas for use by aircraft regulated by adequate security systems, measures, or procedures. This area does not include the Secured Area .
-2-
Exhibit 2 Page 5 of 74
2.5 Airport Security Plan (ASP) shall mean a security program approved by the TSA under 1542.101 of 49 CFR Chapter XII.
2.6 Aviation Security Contingency (AVSEC) Level shall mean when the Department of Homeland Security declares an Imminent Measures threat condition that requires airport operators to implement immediately the corresponding security measures contained in the airport's AVSEC plan and any other appropriate security directives.
2.7 Aviation Department shall mean the Aviation Department of Broward County.
2.8 Airport Director shall mean the duly appointed Director of Broward County's Department of Aviation .
2.9 Board shall mean the Board of County Commissioners of Broward County, Florida.
2.10 Breaches of Security shall mean incidents that have not resulted in a "transportation security incident" in which security measures have been circumvented, eluded, or violated .
2.11 Controlled Access Area shall mean the area in Port Everglades within Access Control Points
2.12 Contract Administrator - As to the Department of Aviation, the contract administrator is the Airport Director or such person authorized by the Airport Director to act as the contract administrator. As to Port Everglades, the contract administrator is the Port Director or such person authorized by the Port Director to act as the contract administrator.
2.13 County shall mean Broward County, a body corporate and a political subdivision of the state of Florida.
2.14 County Administrator shall mean the administrative head of COUNTY appointed by the Board.
2.15 County Attorney shall mean the chief legal counsel for COUNTY appointed by the Board .
2.16 County Business Enterprise or "CBE" shall mean a small business located in Broward County, Florida, which meets the criteria and eligibility requirements of Broward County's CBE Program and must be certified by Broward County's Office of Economic and Small Business Development.
2.17 Disincentive Charges shall mean the fees established pursuant to Section 5.9 of this Agreement.
-3-
Exhibit 2 Page 6 of 74
2.18 Maritime Security (MARSEC) Level shall mean the security level set to reflect the prevailing threat environment to the marine elements of the national transportation system, including ports.
2.19 Performance Monitoring shall mean, including, but not limited to, methods used by the Contract Administrator or third party on behalf of COUNTY to monitor ALLIEDBARTON's performance using typical techniques such as, but not limited to, random and planned sampling, surveys, scheduled and unscheduled inspections, audits, security tests conducted by the Federal Aviation Administration , the Florida Department of Law Enforcement, and the United States Coast Guard (USCG), and review of records and reports.
2.20 Port shall mean the geographical area known as Port Everglades, Florida .
2.21 Port Department shall mean the Port Everglades Department of Broward County.
2.22 Port Director shall mean the duly appointed Director of Broward County's Port Everglades.
2.23 Port Jurisdictional Area ("PJA") shall mean that certain real property encompassing areas within the municipal boundaries of Dania Beach, Fort Lauderdale, Hollywood, and Broward Municipal Services District, which together comprises the seaport known as "Port Everglades" and which property and improvements are more particularly described in the Port Jurisdictional Area in Chapter 89-427, Laws of Florida, as amended, or as subsequently amended by Legislative Act.
2.24 Port Everglades District shall mean the geographic boundaries of Port Everglades as defined within the Port Jurisdictional Area.
2.25 Port Security Plan (PSP) shall mean the plan approved by the Port Director to ensure the application of operational and physical security measures designed to protect port facilities at the respective MARSEC levels.
2.26 Project shall mean the Project consisting of the services described in Article 3.
2.27 Restricted and Secure Areas shall mean those areas, as designated in the Port Everglades Port Security Plan, which meet the criteria for being designated a restricted or secure area under Florida Statute § 311 .12 and the Maritime Transportation Security Act 33, CFR part 105.
2.28 Restricted and Secure Area Access shall mean checkpoints staffed by security personnel requiring person(s) seeking entry to present necessary identification and meet other requirements of the Port Security Plan for entry into designated restricted and secure areas.
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Exhibit 2 Page 7 of 74
2.29 Security Identification Display Area or SIDA shall mean a portion of the Airports specified in the Airport Security Program, in which security measures specified in 49 CFR Part 1540 are carried out. These areas include the secured area and may include other areas of the Airports.
2.30 Security Infrastructure shall mean the security equipment and facilities owned by the Port and Airports including technology and facilities that contribute to the overall security of the Port and Airports.
2.31 Security Officer Services shall mean comprehensive professional services, including all necessary, incidental and related support services provided each and every day of the year, on a twenty-four (24) hour per day basis, and shall encompass duties and functions as defined in Exhibit "A."
2.32 Sheriff shall mean the Sheriff of Broward County, Florida.
2.33 Shift shall mean the duration of a security officer's daily assignment to provide security services to the Airports and the Port.
2.34 SIDA Access Media shall mean the appropriate , authorized access credentials for the SIDA.
2.35 Subcontractor shall mean a firm, partnership, corporation, or combination thereof having a direct contract with ALLIEDBARTON for all or any portion of the Security Officer Services, but not those who merely furnish equipment or materials.
2.36 Surge Related Incidents shall mean a period of heightened security requiring additional staffing by security personnel exceeding normal levels, for indefinite periods of time.
2.37 Term shall mean the specified period of time for ALLIEDBARTON's performance pursuant to this Agreement.
2.38 Transportation Security Incident shall mean a security incident resulting in a significant loss of life, environmental damage, transportation system disruption, or economic disruption.
2.39 TWIC shall mean Transportation Worker Identification Credential.
ARTICLE 3
SCOPE OF SERVICES
3.1 ALLIEDBARTON shall perform all work identified in this Agreement and Exhibit "A." The Scope of Services is a description of ALLIEDBARTON's obligations and
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Exhibit 2 Page 8 of 74
responsibilities and is deemed to include preliminary considerations and prerequisites, and all labor, materials, equipment, and tasks, which are such an inseparable part of the work described that exclusion would render performance by ALLIEDBARTON impractical, illogical, or unconscionable.
3.2 ALLIEDBARTON acknowledges that the Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement except as expressly authorized by the Broward County Procurement Code (Chapter 21 of the Broward County Administrative Code) .
3.3 Throughout the term of this Agreement, ALLIEDBARTON shall keep fully informed of and comply with all federal, state, county and local laws, ordinances, codes, and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, affect services to be provided under the terms of this Agreement. ALLIEDBARTON, its subcontractors, and their officers, agents, and employees shall at all times observe and comply with all such laws, ordinances, codes, rules, regulations, orders, and decrees in performing its duties, responsibilities, and obligations related to this Agreement.
ARTICLE 4
TERM AND-TIME OF PERFORMANCE
4.1 The Term of this Agreement shall begin on October 1, 2015, and shall end on September 30, 2018. The continuation of this Agreement beyond the end of any fiscal year shall be subject to both the appropriation and the availability of funds in accordance with Chapter 129, Florida Statutes. The COUNTY's Director of Purchasing may renew this Agreement for up to two (2) one-year periods, upon the same terms and conditions, by giving notice of the renewal to ALLIEDBARTON at least thirty (30) calendar days prior to the end of the initial term or any renewal term.
4.2 All duties, obligations, and responsibilities of ALLIEDBARTON required by this Agreement shall be completed no later than September 30, 2018, unless renewed as provided herein. Time shall be deemed to be of the essence in performing the duties, obligations, and responsibilities required by this Agreement.
4.3 In the event services are scheduled to end due to the expiration of this Agreement, ALLIEDBARTON agrees that it shall continue service upon the request of the Contract Administrator. The extension period shall not extend for greater than three months beyond the term of the Agreement. ALLIEDBARTON shall be compensated for the service at the rate in effect when the extension is invoked by the COUNTY upon the same terms and conditions as contained in this Agreement as amended. The Purchasing Director shall notify
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Exhibit 2 Page 9 of 74
ALLIEDBARTON of an extension authorized herein by written notice delivered prior to the end of the term of the Agreement.
ARTICLE 5
OBLIGATIONS OF ALLIEDBARTON
5.1 ALLIEDBARTON shall provide Security Officer Services at the Airports and the Port, according to the terms and conditions of this Agreement. The hours during which ALLIEDBARTON is to conduct its operations shall be twenty-four (24) hours a day, seven (7) days a week, including holidays. ALLIEDBARTON shall provide adequate personnel at all times, and this requirement shall be reflected in its Staffing Plan as described below. ALLIEDBARTON shall provide additional or reduced staffing at such times as may be determined by the Aviation Department and Port Department. ALLIEDBARTON shall provide all personnel, equipment, uniforms, and related office equipment and supplies for the uninterrupted and safe performance of duties, as described in Exhibit "A." ALLIEDBARTON shall guarantee and provide evidence, that all security officers have completed the MTSA training to comply with 33 CFR 105.210, as referenced in the materials presented during the RFP evaluation prior to being assigned to Port Everglades. Vehicles must be cleaned and maintained in accordance with the Airport's ramp access program. Further, ALLIEDBARTON shall perform in accordance with the Annual Staffing Plan, as described below, approved by the Aviation Department and Port Department.
5.2 Licenses. Prior to commencement of operations pursuant to this Agreement and throughout the Term and any renewal, ALLIEDBARTON shall secure and maintain any and all permits and licenses; ensure that such permits and licenses list ALLIEDBARTON as the permittee and/or licensee. ALLIEDBARTON shall maintain and provide upon request by COUNTY satisfactory documentary evidence of all such requisite licenses, legal permits, and notifications as hereinabove required.
5.3 Staffing Plan. ALLIEDBARTON shall prepare and submit for review and approval by the Aviation Department and Port Department a Staffing Plan setting forth the plan intended for use by ALLIEDBARTON at the Airports and the Port in performing the services required by this Agreement. The initial plan will be provided prior to the commencement date of security services at the Airports and the Port. Following approval by the Aviation Department and the Port Department, ALLIEDBARTON agrees to update the Staffing Plan annually and submit such updated plan sixty (60) days prior to the anniversary date of this Agreement. Such updates are subject to review and written approval by the Aviation Department and Port Department. ALLIEDBARTON agrees to comply with the procedures, rules, and regulations established in the approved plan , as updated, and agrees that failure to do so shall constitute a default of this Agreement. In the event the COUNTY exercises its option and extends this
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Exhibit 2 Page 10 of 74
Agreement for one or more Renewal Terms, ALLIEDBARTON shall submit a proposed Annual Staffing Plan for such Renewal Term within thirty (30) days of receipt of the COUNTY's notice of such extension. The Aviation Department's and Port Department's approval shall be in writing, and the staffing level shall thereafter be binding upon ALLIEDBARTON . ALLIEDBARTON shall submit with its proposed Staffing Plan the resumes of all of its managerial and supervisory personnel.
5.4 The approved annual staffing may be increased or decreased by the Aviation Department or Port Department from time to time, but only if and to the extent that Aviation Department or Port Department, in its sole discretion, deems such revisions necessary and appropriate under this Agreement. ALLIEDBARTON shall maintain an adequate number of SIDA badged personnel as approved by the Aviation Department.
5.5 Employees of ALLIEDBARTON and subcontractors shall use the parking facilities provided or authorized by the COUNTY, in common with employees of other concessionaires and users of the Airports and the Port, at no cost to ALLIEDBARTON.
5.6 ALLIEDBARTON shall implement its Quality Control Program that was included in its response to the Request for Proposals pursuant to which this Agreement was awarded (the "Quality Control Program"), which assesses and measures security service performance . ALLIEDBARTON will provide a monthly operations report to include vehicle usage data. ALLIEDBARTON shall promptly address any concerns raised by the Airports or Port pertaining to the Quality Control Program for the duration of this agreement
5.7 If the Airports or Port incur any fines or civil penalties from a state or federal agency related to a security breach and such breach is the result of incompetence or negligence, as determined by mutual agreement by the Airports or Port and ALLIEDBARTON, on the part of ALLIEDBARTON personnel, ALLIEDBARTON shall pay the fine on the Airports' or Port's behalf. In addition, ALLIEDBARTON agrees to pay and/or reimburse to COUNTY for all costs and expenses, including , but not limited to, costs of administrative proceedings, court costs, and attorneys' fees incurred by COUNTY in defending itself related to the fines or civil penalties caused by ALLIEDBARTON and in enforcing this provision .
5.8 ALLIEDBARTON, its employees, agents, and subcontractors shall maintain the confidentiality of all Sensitive Security Information ("SSI") including , but not limited to, post orders, staffing levels, and patrol frequency and safeguard these and any other SSI in accordance with applicable regulations and policies. ALLIEDBARTON shall ensure that all employees execute nondisclosure agreements.
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Exhibit 2 Page 11 of 74
5.9 Disincentive Charges. One of COUNTY's primary goals in entering into this Agreement is to ensure that service provided to the Airports and the Port is of the highest caliber. COUNTY will thus suffer damage if ALLIEDBARTON fails to meet these standards and its obligations under this Agreement, and that, due to the nature of certain breaches, the actual damage to COUNTY would be impractical or difficult to remedy.
(a) In addition to all other remedies available under this Agreement commencing on November 1, 2015, ALLIEDBARTON shall be subject to the disincentive charges set forth in subparagraph (b) below, if ALLIEDBARTON does not meet or satisfy the performance standards specified in subparagraph (b) below. COUNTY's actual damages if ALLIEDBARTON fails to meet or satisfy the performance standards would be impractical or difficult to determine. Thus, the amounts set forth in subparagraph (b) below are the Parties' reasonable estimate of COUNTY's damages in the event of such failure. COUNTY's acceptance of a disincentive payment, as a result of a Performance Standard Breach, will not prevent COUNTY from exercising any other right or remedy for default available to COUNTY under this Agreement, or under the at law or in equity.
(b) Performance Standard Breaches. The following specified breaches are "Performance Standard Breaches." ALLIEDBARTON shall pay to COUNTY the amount specified below as a disincentive charge for the applicable breach.
(i) NO SHOWS. Failure of ALLIEDBARTON's employees, including, but not limited to, security officers, to appear for duty at the place of performance leaving a post or posts vacant, with a fine of three times the base hourly rate for each employee who fails to appear multiplied by the duration time the employees were supposed to be on duty.
(ii) TARDINESS. Failure of ALLIEDBARTON's employees, including, but not limited to, security officers, to appear on time leaving a post or posts vacant, with a fine of three times the base hourly rate for each employee who fails to appear multiplied by the duration time the employees were tardy.
5.1 0 Procedure for Determining a Performance Standard Breach. Except as otherwise provided for under this Agreement, the determination as to whether performance standards have been met is at the reasonable discretion of the Airports and the Port, as applicable .
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Exhibit 2 Page 12 of 74
(a) Upon determining the existence of a Performance Standard Breach, the Airports and the Port, as applicable, shall issue a written notice to ALLIED BARTON of the occurrence of the breach and COUNTY's claim for disincentive payment.
(b) The notice of Performance Standard Breach will become final unless, no later than ten ( 1 0) days after ALLI EDBARTON receives the notice of Performance Standard Breach, ALLIEDBARTON provides the Airports and the Port, as applicable, with a written statement from ALLIEDBARTON, accompanied by ALLIEDBARTON's evidence that the breach did not occur. The Airports and the Port, as applicable, shall review that evidence and determine, in his or her reasonable discretion, whether ALLIEDBARTON has demonstrated that the breach did not occur.
(c) The Airports and the Port, as applicable, shall review ALLIEDBARTON's evidence as soon as reasonably possible after timely receipt of the evidence.
(d) The Airports and the Port, as applicable, shall render a decision sustaining or reversing the determination that a breach occurred and the claim for disincentive payment. A written notice of that decision will be delivered to ALL I EDBARTON.
(e) If the written evidence is not received by the Airports and the Port, as applicable, within ten (1 0) days of the date of the notice of Performance Standard Breach, the determination is final and the applicable disincentive charges is immediately due and payable.
ARTICLE 6
OFFICE SPACE
The COUNTY will provide designated office space at the Airports and the Port to include water, sewer, electric, and janitorial services.
ARTICLE 7
COMPENSATION
7.1 Maximum Amount Not-To-Exceed Compensation
COUNTY agrees to pay ALLIEDBARTON, as compensation for performance of all services for both the Airports and the Port as related to Exhibit "A," required under the terms of this Agreement, the maximum hourly billing rates as described in Exhibit "B," up to a maximum not-to-exceed amount of Seventeen Million Seven Hundred Thousand Dollars ($17,700,000.00) during the Term of this
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Exhibit 2 Page 13 of 74
Agreement for Security Officer Services. In the event that the COUNTY renews this Agreement as provided in Section 4.1, COUNTY agrees to pay ALLIEDBARTON, as compensation for performance of all services for both the Airports and the Port as related to Exhibit "A," required under the terms of this Agreement, the maximum hourly billing rates as described in Exhibit "B," up to a maximum not-to-exceed amount of Twelve Million One Hundred Eighty Thousand Dollars ($12, 180,000.00) during the two (2) one-year renewal periods of this Agreement. The method of compensation shall be that of "maximum amount not-to-exceed," which means ALLIEDBARTON shall perform all services set forth herein for total compensation in the amount of or less than that stated above. The maximum hourly billing rates payable by COUNTY for each of ALLIEDBARTON's employee categories shall be shown on Exhibit "B." Notwithstanding any prov1s1on of this Agreement to the contrary, ALLIEDBARTON shall provide a supervisor for the Airports at no expense to COUNTY.
7 .1.1 Overtime Charges - New Site Assignments or Additional Shifts. The COUNTY will make an effort to give ALLIEDBARTON at least twenty-four (24) hours' notice of any new site assignment or additional shift requirements. If the operational needs of the Airports or Port result in less than twenty-four (24) hours' notice being given for any additional shift requirements or new site assignment, then the Airports or Port shall pay ALLIEDBARTON overtime at the "Overtime Rate" set forth on Exhibit "B," for the first eight (8) hours of any new site assignment or additional shift requirement; provided that such coverage is made available by ALLIEDBARTON within the later to occur ("Response Time"): twelve (12) hours of the request by the Contract Administrator, or the time specified by the using agency Contract Administrator. Any delay in providing such coverage by ALLIEDBARTON beyond the Response Time shall reduce the overtime charges on an hour-for-hour basis. The Airports and the Port assignments are the assignments that are currently in effect for the COUNTY as of the commencement of this Agreement and such assignments shall not constitute new assignments or additional shifts.
7.1.2 Overtime Charges - Shifts that are Less than eight (8) Hours. If the Airports or Port require ALLIEDBARTON to provide security services for less than eight (8) hour shift in a 24-hour period, then upon receipt of any such request from the Airports or Port, ALLIEDBARTON shall review its ability to provide such service without using security officers on their days off or past their regular tours of duty. If ALLIEDBARTON determines that it is unable to provide the requested services unless it uses security officers on their days off or past their regular tours of duty, ALLIED BARTON shall give the Airports or Port written notice to that effect within forty-eight (48) hours of the request and the Airports or Port shall pay overtime for the services requested , at the Overtime Rate . If ALLIEDBARTON shall fail to provide such notice within the aforesaid time
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Exhibit 2 Page 14 of 74
period, no overtime may be charged by ALLIEDBARTON for the services. There shall be no overtime charged to COUNTY for any shift that is eight (8) or more hours in duration in any 24-hour period.
7.2 METHOD OF BILLING AND PAYMENT
7.2.1 ALLIEDBARTON may submit invoices for compensation to COUNTY no more often than on a bi-weekly basis, but only after the services for which the invoices are submitted have been completed. An original invoice plus one copy are due within fifteen (15) days of the end of the month except the final invoice, which must be received no later than sixty (60) days after this Agreement expires. Invoices shall designate the nature of the services performed. ALLIEDBARTON shall submit with each invoice a Certification of Payments to Subcontractors and Suppliers (Exhibit "E") . The certification shall be accompanied by a copy of the notification sent to each subcontractor and supplier listed in item 2 of the form, explaining the good cause why payment has not been made.
7.2.2 COUNTY shall pay ALLIEDBARTON within thirty (30) calendar days of receipt of ALLIEDBARTON's proper invoice, as required by the "Broward County Prompt Payment Ordinance" Section 1-51 .6, Broward County Code of Ordinances. To be deemed proper, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to instructions prescribed by the Contract Administrator. Payment may be withheld for failure of ALLIEDBARTON to comply with a term, condition, or requirement of this Agreement.
7.2.3 ALLIEDBARTON shall pay its CBE subcontractors and suppliers, within fifteen (15) days following receipt of payment from COUNTY for such subcontracted work and pay all other subcontractors and suppliers within thirty (30) days following receipt of payment from COUNTY for such subcontracted work or supplies. If ALLIEDBARTON withholds an amount from CBE subcontractors or suppliers as retainage, such retainage shall be released and paid within fifteen (15) days following receipt of payment of retained amounts from COUNTY. For all other subcontractors or suppliers, if ALLIEDBARTON withholds an amount as retainage, such retainage shall be released and paid within thirty (30) days following receipt of payment of retained amounts from COUNTY.
7.3 Notwithstanding any provision of this Agreement to the contrary, COUNTY may withhold, in whole or in part, payment to the extent necessary to protect itself
·from loss on account of inadequate or defective work that has not been remedied or resolved in a manner satisfactory to the Contract Administrator or failure to comply with this Agreement. The amount withheld shall not be subject to payment of interest by COUNTY.
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Exhibit 2 Page 15 of 74
7.4 Payment shall be made to ALLIED BARTON at:
Check: PNC Bank Lock Box # 828854 Route 38 and Eastgate Drive Moorestown, NJ 08057
Or
EFT: PNC Bank 1600 Market Street Philadelphia, PA 19103 Bank Contact: Susan Neilson Treasury Management Phone: 302-429-5697 Fax: 302-429-5698 E-Mail: [email protected]
Account Name: AlliedBarton Security Services ABA Routing Number 031000053 Account#: 8615592272 Beneficiary: Allied Barton Security Services CTX Format
7.5 The services to be provided by ALLIEDBARTON under the terms of this Agreement shall not be performed by anyone other than ALLIEDBARTON approved CBE subcontractor unless the prior written approval from the Aviation Department or the Port Department is given. ALLIEDBARTON shall require all approved subcontractors to keep such records and accounts as may be necessary in order to provide correct entries as to personnel hours and all other amounts charged to ALLIEDBARTON. ALLIEDBARTON shall require the subcontractors to keep all of their books and records of personnel hours and all amounts charged to ALLIED BARTON for a period of three (3) years following the end of each period covered by this Agreement and to make same available at ALLIEDBARTON's Broward County offices , at all reasonable times, for examination and audit by the COUNTY. The COUNTY shall have the right , through its representatives, and at all reasonable times, to inspect and audit any and all books and records.
7.6 ALLIEDBARTON shall receive written notification from the Airports and the Port when required to supply security officers to respond to an AVSEC Level or Surge Related Incidents. Upon receipt of such notification ALLIEDBARTON shall immediately contact the Contract Administrator to discuss implementation procedures and staffing requirements.
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Exhibit 2 Page 16 of 74
ARTICLE 8
OPERATIONAL STANDARDS
8.1 The performance of the services required under this Agreement shall at all times be under the supervision and direction of an active, qualified competent local project manager, and such other staff as may be necessary to act in the absence of the project manager, who shall at all times be subject to the direction and control of ALLIEDBARTON. A project manager shall be assigned to the Airports and the Port, at ALLIEDBARTON's expense, and shall be available during normal business hours or other hours as designated by the Airports and the Port.
8.2 ALLIEDBARTON shall at all times retain qualified, competent, and experienced employees at the Airport and Port to meet the requirement outlined in Exhibit "A." ALLIEDBARTON's employees shall be clean , courteous, efficient, and neat in appearance. ALLIEDBARTON shall not employ any person or persons in or about the premises who shall use improper language, or act in a loud, boisterous or otherwise improper manner. The Aviation Department and Port Department shall be the sole judge on the question as to whether the conduct of ALLIEDBARTON's representatives is objectionable, and if so judged, ALLIEDBARTON shall take all steps necessary to eliminate the conditions, which have occasioned such judgment.
8.3 ALLIEDBARTON agrees that its employees shall be of sufficient number so as to properly perform the services required under this Agreement. If so directed by the Aviation Department or Port Department, ALLIEDBARTON shall provide for addition or reduction of employees, provided however, ALLIEDBARTON shall be paid only for the costs of the employees actually working at the Airports and the Port. ALLIEDBARTON shall provide its employees with uniforms and credentials, which shall be subject to approval by the Aviation Department and Port Department. All employees shall be required to wear the appropriate approved uniforms and site specific credentials provided by ALLIEDBARTON at all times when on duty.
8.4 ALLIEDBARTON shall immediately remove and keep removed from the Airports and the Port premises any employee who participates in illegal acts, who violates Airport or Port rules and regulations, or the provisions of this Agreement, or who, in the opinion of ALLIEDBARTON, the Aviation Department, or the Port Department is otherwise detrimental to the public interest at the Airports or Port.
8.5 In the event that a defalcation, theft, fraud, or embezzlement or suspicion of same occurs or violation of 49 CFR 1542, it is ALLIEDBARTON's responsibility to immediately notify the Aviation Department or Port Department of the incident or suspected incident. ALLIEDBARTON also agrees to provide full disclosure including, but not limited to , copies of police reports of investigation, reports to bonding company, bonding company's findings, claims filed with crimes
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Exhibit 2 Page 17 of 74
insurance carrier, and reports of any action taken against an employee. It must be ALLIEDBARTON's policy to prosecute any employee found to be involved in theft, fraud , embezzlement, or any similar activity. All employees of ALLIEDBARTON must sign a pre-employment statement stating they are aware they will be investigated and prosecuted to the fullest extent of the law for any theft, fraud, embezzlement, or similar activity.
8.6 ALLIEDBARTON shall provide periodic reports, including, but not limited to, training reports , safety training, and other reports that the Aviation Department or Port Department may request.
8.7 At the Aviation Department's or Port Department's request, ALLIEDBARTON shall meet with the Aviation Department or Port Department to review any complaints or concerns and to promptly correct any deficiencies regarding operations under this Agreement. The Aviation Department's and Port Department's determination as to quality of operation or services shall be conclusive and curative measures shall be implemented by ALLIEDBARTON as expeditiously as possible.
8.8 Within sixty (60) days of execution of this Agreement, ALLIEDBARTON and the Contract Administrator will develop a Hurricane Response Plan in conjunction with the Airports, the Port, and the SHERIFF's Office. The Plan must address the sourcing of additional or replacement security officers from outside the South Florida geographic area to backfill for employees of ALLIEDBARTON affected by a storm.
ARTICLE 9
INDEMNIFICATION
ALLIEDBARTON shall at all times hereafter indemnify, hold harmless, and defend COUNTY and all of COUNTY's current and fo rmer officers, agents, servants, and employees (collectively, "Indemnified Party") from and against any and all causes of action , demands, claims, losses, liabilities, and expenditures of any kind , including attorneys' fees , court costs, and expenses (collectively, a "Claim"), raised or asserted by any person or entity not a party to this Agreement, which Claim is caused or alleged to be caused, in whole or in part, by any intentional, reckless, or negligent act or omission of ALLIEDBARTON, its current or former officers, employees, agents, or servants, arising from, relating to, or in connection with this Agreement. In the event any Claim is brought against an Indemnified Party, ALLIEDBARTON shall, upon written notice from COUNTY, defend each Indemnified Party against each such Claim by counsel satisfactory to COUNTY or, at COUNTY's option, pay for an attorney selected by County Attorney to defend the Indemnified Party. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the Contract Administrator and the County Attorney, any sums due ALLIEDBARTON under this Agreement may be retained by COUNTY until all of
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Exhibit 2 Page 18 of 74
COUNTY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by COUNTY.
ARTICLE 10
INSURANCE
10.1 ALLIEDBARTON shall maintain, at its sole expense, at all times during the term of this Agreement, at least the minimum insurance coverage designated in Exhibit "F" in accordance with the terms and conditions stated in this Article.
10.2 Such policies shall be issued by companies authorized to do business in the state of Florida, with a minimum AM Best financial rating of A-. Coverage shall be provided on forms no more restrictive than the latest edition of the applicable form filed by the Insurance Services Office . ALLIEDBARTON shall name Broward County as an additional insured under the primary and noncontributory Commercial General Liability policy, Business Automobile Liability policy as well as on any Excess Liability policy. The official title of the Certificate Holder is Broward County. This official title shall be used in all insurance documentation.
10.3 Within fifteen (15) days of notification of award, ALLIED BARTON shall provide to COUNTY proof of insurance in the form of Certificate(s) of Insurance and applicable endorsements, Declaration pages, or insurance policies evidencing all insurance required by this Article. COUNTY reserves the right to obtain a certified copy of any policies required by the Article upon request. Coverage is not to cease and is to remain in force until the COUNTY determines all performance required of ALLIEDBARTON is completed. For Professional Liability Insurance, coverage shall remain in force for two (2) years after the completion of services unless a different time period is stated in Exhibit "F." COUNTY shall be notified of any restriction or cancellation of coverage within thirty (30) days. If any of the insurance coverage will expire prior to the completion of the work, proof of insurance renewal shall be provided to COUNTY upon expiration.
10.4 COUNTY reserves the right to review and revise any insurance requirements at the time of renewal or amendment of this Agreement, including, but not limited to, deductibles, limits, coverage, and endorsements.
10.5 If ALLIEDBARTON uses a subconsultant or subcontractor, ALLIEDBARTON shall ensure that each subconsultant or subcontractor names "Broward County" as an additional insured under the subconsultant's or subcontractor's Commercial General Liability, Business Automobile Liability, and Excess/Umbrella policies.
10.6 Commercial Liability Insurance. The Commercial Liability Insurance policy shall include the following:
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Exhibit 2 Page 19 of 74
(a) Premises and/or operations;
(b) Independent contractors;
(c) Products and/or completed operations for contracts;
(d) Broad Form Contractual Coverage applicable to this Agreement, including any hold harmless and/or indemnification provision; and
(e) Personal injury coverage with employee and contractual exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability.
10.7 Workers' Compensation Insurance. Workers' Compensation Insurance shall apply for all employees in compliance with Chapter 440, Florida Statutes, the Workers' Compensation Law of the state of Florida, and all applicable federal laws. In the event this requirement is not applicable to ALLIEDBARTON, ALLIEDBARTON shall submit in writing on company letterhead, the basis for its exemption .
10.8 Business Automobile Liability. Business Automobile Liability is required if an automobile is used in the performance of services under this Agreement. Coverage, and if required, Business Automobile Liability shall include:
(a) Owned vehicles, if applicable;
(b) Hired and Non-Owned Vehicles, if applicable; and
(c) Employers' Non-Ownership, if applicable.
1 0.9 If any operations are to be undertaken on or about navigable waters, coverage must be included for the U.S. Longshore & Harbor Workers Act and Jones Act.
ARTICLE 11
TERMINATION
11 .1 This Agreement may be terminated for cause by the aggrieved party if the party in breach has not corrected the breach within ten (1 0) days after receipt of written notice from the aggrieved party identifying the breach. This Agreement may also be terminated for convenience by the Board . Termination for convenience by the Board shall be effective on the termination date stated in written notice provided by COUNTY, which termination date shall be not less than thirty (30) days after the date of such written notice. This Agreement may also be terminated by the County Administrator upon such notice as the County Administrator deems appropriate under the circumstances in the event the County Administrator
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Exhibit 2 Page 20 of 74
determines that termination is necessary to protect the public health, safety, or welfare. If COUNTY erroneously, improperly, or unjustifiably terminates for cause, such termination shall, at COUNTY's sole election, be deemed a termination for convenience, which shall be effective thirty (30) days after such notice of termination for cause is provided.
11 .2 This Agreement may be terminated for cause for reasons including, but not limited to, ALLIEDBARTON's repeated (whether negligent or intentional) submission for payment of false or incorrect bills or invoices, failure to suitably perform the work, or failure to continuously perform the work in a manner calculated to meet or accomplish the objectives as set forth in this Agreement. The Agreement may also be terminated for cause if ALLIEDBARTON is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes, or if ALLIEDBARTON provides a fa lse certification submitted pursuant to Section 287.135, Florida Statutes. This Agreement may also be terminated by the Board:
11.2.1 Upon the disqualification of ALLIEDBARTON as a CBE by County's Director of Office of Economic and Small Business Development ("OESBD") if ALLIEDBARTON's status as a CBE was a factor in the award of this Agreement and such status was misrepresented by ALLIED BARTON;
11 .2.2 Upon the disqualification of ALLIEDBARTON by County's Director of OESBD due to fraud, misrepresentation, or material misstatement by ALLIEDBARTON in the course of obtaining this Agreement or attempting to meet the CBE contractual obligations;
11.2.3 Upon the disqualification of one or more of ALLIEDBARTON's CBE participants by County's Director of the OESBD if any such participant's status as a CBE firm was a factor in the award of this Agreement and such status was misrepresented by ALLIEDBARTON or such participant;
11 .2.4 Upon the disqualification of one or more of ALLIEDBARTON's CBE participants by County's Director of the OESBD if such CBE participant attempted to meet its CBE contractual obligations through fraud, misrepresentation, or material misstatement; or
' 11.2.5 If ALLIEDBARTON is determined by County's Director of the OESBD to have been knowingly involved in any fraud, misrepresentation , or material misstatement concerning the CBE status of its disqualified CBE participant.
11.3 Notice of termination shall be provided in accordance with the "NOTICES" section of this Agreement except that notice of termination by the County
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Exhibit 2 Page 21 of 74
Administrator, which the County Administrator deems necessary to protect the public health, safety, or welfare may be verbal notice that shall be promptly confirmed in writing in accordance with the "NOTICES" section of this Agreement.
11.4 In the event this Agreement is terminated for convenience by COUNTY, ALLIEDBARTON shall be paid for any services properly performed under the Agreement through the termination date specified in the written notice of termination . ALLIEDBARTON acknowledges that it has received good, valuable and sufficient consideration from COUNTY, the receipt and adequacy of which are, hereby acknowledged by ALLIEDBARTON, for COUNTY's right to terminate this Agreement for convenience.
11.5 In the event this Agreement is terminated for any reason, any amounts due ALLIEDBARTON shall be withheld by COUNTY until all documents are provided to COUNTY pursuant to this Agreement.
ARTICLE 12·
EEO and CBE COMPLIANCE
12.1 No party to this Agreement may discriminate on the basis of race, color, sex, religion , national origin, disability, age, marital status, political affiliation , sexual orientation, pregnancy, or gender identity and expression in the performance of this Agreement. ALLIEDBARTON shall comply with all applicable requirements of the Broward County Business Enterprise ("CBE") Program in the award and administration of this Agreement. Failure by ALLIEDBARTON to carry out any of these requirements shall constitute a material breach of this Agreement, which shall permit the COUNTY, to terminate th is Agreement or to exercise any other remedy provided under this Agreement, or under the Broward County Code of Ordinances, or under the Broward County Administrative Code, or under applicable law, with all of such remedies being cumulative.
ALLIEDBARTON shall include the foregoing or similar language in its contracts with any subcontractors or subconsultants, except that any project assisted by the U.S. Department of Transportation funds shall comply with the nondiscrimination requirements in 49 C.F.R. Parts 23 and 26. Failure to comply with the foregoing requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as COUNTY deems appropriate.
ALLIEDBARTON shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement and shall not otherwise unlawfully discriminate in violation of Chapter 16'Y:!, Broward County Code of Ordinances. ALLIEDBARTON shall affirmatively comply with all applicable provisions of the
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Americans with Disabilities Act (ADA) in the course of providing any services funded by COUNTY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition , ALLIEDBARTON shall take affirmative steps to prevent discrimination in employment against disabled persons.
By execution of this Agreement, ALLIED BARTON represents that it has not been placed on the discriminatory vendor list as provided in Section 287.134, Florida Statutes. COUNTY hereby materially relies on such representation in entering into this Agreement. An untrue representation of the foregoing shall entitle COUNTY to terminate this Agreement and recover from ALLIEDBARTON all monies paid by COUNTY pursuant to this Agreement, and may result in debarment from COUNTY's competitive procurement activities.
12.2 The CBE Program, which is implemented under the Broward County Business Opportunity Act of 2012 Section 1-81, Broward County Code of Ordinances, referred to as the "Act," provides for the establishment and implementation of CBE participation goals, initiatives, and other opportunities for COUNTY contracts. In completing this Project, ALLIEDBARTON shall comply with all applicable requirements of the CBE Program in the award and administration of the Agreement. ALLIEDBARTON acknowledges that the Broward County Board of County Commissioners, acting by and through the Director of the Broward County Office of Economic and Small Business Development, may make minor administrative modifications to the CBE Program , which shall become applicable to this Agreement if the administrative modifications are not unreasonable. Written notice of any such modification shall be provided to ALLIEDBARTON and shall include a deadline for ALLIEDBARTON to notify COUNTY if ALLIEDBARTON concludes that the modification exceeds the authority of this section of this Agreement. Failure of ALLIEDBARTON to timely notify COUNTY of its conclusion that the modification exceeds such authority shall be deemed acceptance of the modification by ALLIEDBARTON.
COUNTY shall have the right to review each proposed amendment, extension, modification, or change order to this Agreement that, by itself or aggregated with previous amendments, extensions, modifications, or change orders increases the initial Agreement price by ten percent (10%) for opportunities to include or increase the participation of CBE firms already involved in this Agreement. ALLIEDBARTON shall make a good faith effort to include CBE firms in work resulting from any such amendment, extension, modification, or change order and shall report such efforts, along with evidence thereof, to the Office of Economic and Small Business Development.
12.3 The Parties acknowledge that subcontract awards to CBE firms are crucial to the achievement of the Project's CBE participation goal. ALLIEDBARTON understands that each CBE firm utilized on the Project to meet the participation goal must be certified by the Broward County Office of Economic and Small
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Business Development. In an effort to assist COUNTY in achieving its established goal for this Project, ALLIEDBARTON will meet the following CBE participation goal by utilizing the CBE firms for the work and the percentage of work amounts described in Section 12.4:
Total CBE Goal 15%
ALLIEDBARTON may not terminate for convenience a CBE firm listed as a subcontractor in ALLIEDBARTON's bid or offer without the COUNTY's prior written consent, which consent shall not be unreasonably withheld. ALLIEDBARTON shall inform COUNTY immediately when a CBE firm is not able to perform or if ALLIEDBARTON believes the CBE firm should be replaced for any other reason, so that the Office of Economic and Small Business Development may review and verify the good faith efforts of ALLIEDBARTON to substitute the CBE firm with another CBE firm. Whenever a CBE firm is terminated for any reason, including cause, ALLIEDBARTON shall with notice to and concurrence of the Broward County Office of Economic and Small Business Development, substitute another CBE firm in order to meet the level of CBE participation provided herein. Such substitution shall not be required in the event the termination results from COUNTY changing the Scope of Work hereunder and there is no available CBE to perform the new Scope of Work.
12.4 In performing services for this Project, the Parties hereby incorporate ALLIEDBARTON's participating CBE firms , addresses, scope of work, and the percentage of work amounts identified on each Letter of Intent into this Agreement (Exhibit "D"). Upon execution of this Agreement by COUNTY, ALLIEDBARTON shall enter into a formal contract with the CBE firms ALLIEDBARTON selected to fulfill the CBE participation goal for this Agreement and shall provide copies of its contracts with such firms to the Contract Administrator and the Broward County Office of Economic and Small Business Development.
12.5 ALLIEDBARTON shall allow COUNTY to engage in on-site reviews to monitor ALLIEDBARTON's progress in achieving and maintaining its contractual and CBE Program obligations. Such review and monitoring shall be by the Contract Administrator in conjunction with the Broward County Office of Economic and Small Business Development. COUNTY shall have access, without limitation, to ALLIEDBARTON's books and records, including payroll records, tax returns , and records, and books of account, on five (5) business days' notice, to allow COUNTY to determine ALLIEDBARTON's compliance with its commitment to the CBE participation goal and the status of any CBE firm performing any portion of this Agreement.
12.6 ALLIEDBARTON understands that it is the responsibility of the Contract Administrator and the Broward County Office of Economic and Small Business
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Development to monitor compliance with the CBE requirements. In that regard, ALLIEDBARTON shall report monthly regarding compliance with its CBE obligations in accordance with Section 7.2 of this Agreement.
12.7 In the event of ALLIEDBARTON's noncompliance with its participation commitment to a CBE firm (including, without limitation, the unexcused reduction of the CBE firm's participation), the affected CBE firm shall have the right to the following remedies if the noncompliance is or was alleged to be due to no fault of the CBE firm, and alleged to be due to the willful action or omission of ALLIEDBARTON:
12.7.1 The affected CBE firm shall be entitled to damages pursuant to its agreement with ALLIEDBARTON.
12.7.2 If the CBE firm has the right to arbitrate and institutes arbitration proceedings claiming noncompliance with the Act by ALLIEDBARTON, then the CBE firm may submit the dispute to arbitration. However, arbitration shall not be available as to any dispute between ALLIEDBARTON and COUNTY; nor shall COUNTY incur any cost , fee, or liability relative to any arbitration proceeding.
12.7.3 Nothing under this Section 12.7 shall be construed to limit the rights of and remedies available to COUNTY, including the right to seek its own damages pursuant to this Agreement.
12.8 Nonpayment of a CBE subcontractor or supplier as required by Subsection 7.2.3 of this Agreement shall be a material breach of this Agreement and COUNTY's Contract Administrator may, at its option, increase allowable retainage or withhold progress payments unless and until ALLIEDBARTON demonstrates timely payments of sums due to such subcontractors or suppliers. ALLIEDBARTON acknowledges that the presence of a "pay when paid" provision in its contract with a CBE firm shall not preclude COUNTY or its representatives from inquiring into allegations of nonpayment. The foregoing remedies under this section shall not be employed when ALLIEDBARTON demonstrates that failure to pay results from a bona fide dispute with its CBE subcontractor or supplier.
12.9 If ALLIEDBARTON fails to comply with the requirements of this Agreement, or the requirements of the Broward County Business Opportunity Act of 2012, COUNTY shall have the right to exercise any administrative remedies provided by the Broward County Business Opportunity Act of 2012, or any other right or remedy provided in the Administrative Procedures of the Office of Economic and Small Business Development, this Agreement, or under applicable law, with all such rights and remedies being cumulative.
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ARTICLE 13
SECURITY
13.1 Airport Security Program and Regulations: ALLIEDBARTON agrees to observe all security requirements and other requirements of the Federal Aviation Regulations applicable to ALLIEDBARTON, including, without limitation, all regulations of the United States Department of Transportation, the Federal Aviation Administration and the Transportation Security Administration . ALLIEDBARTON also agrees to comply with the COUNTY's Airport Security Program and the Air Operations Area (AOA) Vehicle Access Program, and any amendments thereto, and to comply with such other rules and regulations as may be reasonably prescribed by the County, and to take such steps as may be necessary or directed by the COUNTY to insure that subconsultants/subcontractors, employees, invitees , and guests of ALLIEDBARTON observe these requirements. If required by the Aviation Department, ALLIEDBARTON shall conduct background checks of its employees in accordance with applicable Federal Regulations. If as a result of the acts or omissions of ALLIEDBARTON, its subconsultants/subcontractors, employees, invitees, or guests, the County incurs any fines and/or penalties imposed by any governmental agency, including, without limitation, the United States Department of Transportation, the Federal Aviation Administration or the Transportation Security Administration, or any expense in enforcing any Federal regulations, including without limitation, airport security regulations, or the rules or regulations of the COUNTY, and/or any expense in enforcing the COUNTY's Airport Security Program, then ALLIEDBARTON agrees to pay and/or reimburse to COUNTY all such costs and expenses, including all costs of administrative proceedings, court costs, and attorney's fees and all costs incurred by COUNTY in enforcing this provision . ALLIEDBARTON further agrees to rectify any security deficiency or other deficiency as may be determined as such by the COUNY or the United States Department of Transportation , Federal Aviation Administration, the Transportation Security Administration , or any other Federal agency with jurisdiction. In the event ALLIEDBARTON fails to remedy any such deficiency, the COUNTY may do so at the sole cost and expense of ALLIEDBARTON . The COUNTY reserves the right to take whatever action is necessary to rectify any security deficiency or other deficiency.
(a) Access to Security Identification Display Areas and Identification Media: ALLIEDBARTON shall be responsible for requesting the Aviation Department to issue Airport Issued Identification Media to all employees who are authorized access to Security Identification Display Areas ("SIDA") on the Airport, as designated in the Airport Security Program. In addition, ALLIEDBARTON shall be responsible for the immediate reporting of all lost or stolen Airport Issued Identification Media and the immediate return of the media of ALLIEDBARTON's personnel transferred from the Airport, or terminated from the employ of ALLIEDBARTON , or
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upon termination of this Agreement. Before an Airport Issued Identification Media is issued to an employee, ALLIEDBARTON shall comply with the requirements of applicable Federal regulations with regard to fingerprinting for criminal history record checks and security threat assessments, and shall require that each employee complete security training programs conducted by the Aviation Department. ALLIEDBARTON shall pay or cause to be paid to the Aviation Department such charges as may be established from time to time for lost or stolen Airport Issued Identification Media and those not returned to the Aviation Department in accordance with these provisions. The Aviation Department shall have the right to require ALLIEDBARTON to conduct background investigations and to furnish certain data on such employees before the issuance of Airport Issued Identification Media, which data may include the fingerprinting of employee applicants for such media.
(b) Operation of Vehicles on the AOA: Before ALLIEDBARTON shall permit any employee of ALLIEDBARTON or of any subconsultant/subcontractor to operate a motor vehicle of any kind or type on the AOA (and unless escorted by an Aviation Department approved escort), ALLIEDBARTON shall ensure that all such vehicle operators possess current, valid, and appropriate Florida driver's licenses. In addition, any motor vehicles and equipment of ALLIEDBARTON or of any subconsultant/subcontractor operating on the AOA must have an appropriate vehicle identification permit issued by the Aviation Department, which identification must be displayed as required by the Aviation Department.
(c) Consent to Search/Inspection: ALLIEDBARTON agrees that its vehicles, cargo, goods, and other personal property are subject to being inspected and searched when attempting to enter or leave and while on the AOA. ALLIEDBARTON further agrees on behalf of itself and its subconsultant/subcontractors, that it shall not authorize any employee or other person to enter the AOA unless and until such employee or other person has executed a written consent-to-search/inspection form acceptable to the Aviation Department. ALLIEDBARTON acknowledges and understands that the foregoing requirements are for the protection of users of the Airport and are intended to reduce incidents of cargo tampering, aircraft sabotage, thefts, and other unlawful activities at the Airport. For this reason, ALLIEDBARTON agrees that persons not executing such consent-to-search/inspection form shall not be employed by ALLIEDBARTON or by any subconsultant/subcontractor at the Airport in any position requiring access to the AOA or allowed entry to the AOA by ALLIEDBARTON or by any subconsultant/subcontractor.
(d) ALLIEDBARTON understands and agrees that if any of its employees, or the employees of any of its subconsultants/subcontractors, are required in the course of the work to be performed under this Agreement to access or
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