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HomeMy WebLinkAboutResolution - 6510 - Lease Agreement - FAA - LIA, FCWOS - 09/23/1999Resolution No. 6510 Sept. 23, 1999 Item No. 22 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Agreement for Contract Weather Observer Station (FCWOS) at the airport, by and between the City of Lubbock and Federal Aviation Administration and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 23rd day of September , 19 9 . Y SIT , MAYOR ATTEST: City Secretary APPRON;ED AS TO CONTENT: Mar le, Director o II APPROVED AS TO FORM: illlam de Haas Competition and Contracts Manager/Attorney gs:ccdocs/Federal Aviation Admin-FCWOS.res September 14, 1999 FEDERAL AVIATION ADMINISTRATION LEASE FOR REAL PROPERTY LEASE N" Sm Resolution 16510 DTFA07-00.L.�1 1 ` "" F'AA Contractor Weather Observer Station (FCWOS) !o Sept. 2, 199 Lubboc Texas Date of Lease. Item No. 22 1. THIS LEASE, entered kilo by and between City of Lubbock, Texas whose Interest in the property hereinafter described Is dud of Owner, hereby referredwWIdo as LESSOR, and the United States of America, hereinafter roWrod to as the Government: WITNESSETH: The Parties hereto, and for the consideration hereinafter merdloned, covenant and agree as follows (10/86): 2. DESCRIPTION - The Lessor hereby leases to the Government the following described premises: — Approximately 192 net usable square feet of office space in the Executive Terminal building located on the east side of the Lubbock International Airport, Lubbock, Texas. The space is further described by drawing designated Exhibit "C" attached hereto and by this reference made a part of this lease; (1o/96) & TERM - To have and to hold, for the term commencing on October 1, 1999. and continuing through September 30, 2004, inclusive, PROVIDED, that adequate appropriations are available from year to year for the payment of rentals. The Government may terminate this lease at arty time. in whole or in part by giving at Mast 30 days notice in writing to the Lessor. No rental shall accrue after the effective date of lamination. Said notice shall be computed commencing with the day after the date of malting. (10/96) 4. RENTAL (a) The Government shall pay the Lesson annual rent of $1,344.00 for the premises. Payments of 6112.00 shall be made in arrears at the and of each month without the submission of Invoices or vouchers. Subject to available appropriations. Rent shall be considered paid on the date a check is dated or an electronic hands transfer is made. Rent for a period of Was than a month shall be prorated. (b) Rental consideration shall be made using electronic hinds transfer (EFT) In accordance with Public Law 104-134. (See Exhibit attached hereto and made a part hereof.) 6. STANDARD CONDITIONS AND REQUIREMENTS The following standard conditkxu and requirements shall apply to any premises offered for lease to the UNITED STATES OF AMERICA (hereinafter called the GOVERNMENT) (10/96): Space offered shall have a valid Occupancy Pemait, Issued by the local jurisdiction, for the Intended use of the Government, or the offeror shall complete and provide a certified copy of *FAA Safety 6 Environmental CheddisP form, in Neu of an occupancy Permit, at the contracting officer's discretion. The leased premise. all accesses to the leased promises, building operations. equipment, services. or utilities fundshed by the lessor, and activities of other occupants, shall be fros of safety, health, and fire hazards. When such hazards are detected, they must be promptly corrected at the Lessor's expense. The "ding and the leased space shalt be accessible to the handicapped In accordance with the Uniform Federal Accessibility Standards (41 CFR 101-19.6, App. A) and all applicable state and local accessibility laws and regulations. The leased space shall be free of all asbestos -containing material. PCB's. Radon, and other environmentally hazardous substances. ff environmentally hazardous substances or conditions are found. the Lessor shall immediately correct such conditions, at no cost to the Government. Services. utilities. and maintenance will be provided dally. during normal business hours except Saturday, Sunday, and Federal holidays. Services supplied to technical equipment shall be supplied 24 hrs. a day. seven days a week. The Government shall have access to the leased space at all times, including the use of electrical services, toilets. lights, elevators, and Government office machines without additional payment. The Lessor shall prepare the space with all due diligence to meet the Governments requested start date. The Lessor shall paint ail surfaces designated by the contracting officer. and fully clean all leased areas. The Lessor shall notify the contracting officer when the space is ready. The Contracting officer or his representative shall promptly inspect the space and determine K the space is ready for the beneficial occupancy of the Government. Rent shall commence upon the date of the Government's acceptance of the space for beneficial occupancv. 6. SERVICES AND UTILITIES (robe Pm WdW by Lesw as part of nae Seivbes shat be Suldirg Standard, unity We! or aeavbe r pasodw elsewhere into nesse.) rose} �j HEAT ONLY - DEG. TRASH ROANAL GROLSJDS MAW - WIAL i REPLACEMENT - OTHER aECiRICITY CHILLED DRINKING WATER WINDOW WASH t'�• TUBES ra BALtASFS (Specify bsiovo) 11 �_ SPECIAL POWER - �D HVAC - 70.72 DEG. F Fnq� - PAINTING FREOLIE CY BELO"Y4 HVAC Is required 7 days a - WATER clot i Cold) W DALYY TOILET SUPPLIES i - CARPETCLEANING � � SNOW REMOVALDAILY JANITORIAL S. al Fnque Public Areca OTHER REQUIREMENTS FAA personnel or agents must have 24 hour, seven days a week access to the space. Notices: To Lessor Airport Manager, Lubbock International Airport Route 3. Box 388, Lubbock, TX 78401. To Government: Department of Transportation, Federal AAatlon Administration, Property and Services Branch, ASW -64, Fort Worth, TX 761930054 Added to and.made a part hereof: Corporate Certificate, Attachment 'A." Kat anytime during the term of this lease the existing building HVAC provides Inadequate temperature control to the teased space and at the direction of the Contracting Office, the I assor, at no cost to the Government, shall install a supplemental HVAC unit in the outside wall of the leased space. See herein attached - Exhibits A, B and C 10f86 FAA LEASE- FOR REAL PROPERTY DTFAOMOQ L-01281 ""T. GEULAAL- CLAUSES A. INSPECTION - The Government reserves the right, at any time after the lease k signed and during the term of the Marie. to Inspect the leased premises and an other areas of the building to which access Is necessary to ensure a safe and healthy work environment for the Government tenants and the Lessors performance under this lease. The FAA shall have the right to perform sampling of suspected hazardous conditions. (10/96) B. DAMAGE BY FIRE OR OTHER CASUALTY - F the building Is partially or totally destroyed or damaged by lire or other casualty or lt environmentally hazardous conditions are found to exist so that the leased space is urterrartable as determined by the Government, tha Government may terminate the lease, In whole or In part, Immediately by giving written notice to the Lessor and no Wither rental wiR be due. (10196) C. MAINTENANCE OF THE PREMISES - The Lessor shall maintain the demised premises, Including the building, grounds, and all equipment, fixtures, and appurtenances furnished by the Lessor under this lease, In good repair and tenantable condition. (10/96) D. FAILURE IN PERFORMANCE - In the event the Lessor fails to perform any service, to provide arty item, or meet any requirement of this lease, the Government may perform the service, provide the Rem, or meet the requirement. ekher directly or through a contract. The Goverhment may deduct any costs Incurred for the service or Rem, Including administrative Costs, from the rental payments. No deduction of rent pursuant to this clause shall constitute a default by the Government on this lease. (10/96) E. DEFAULT BY LESSOR - (1) Each or the foll wing shall constitute a default by Lessor under this lease: (a) K the Lessor falls to perform the work required to deliver the leased premises ready for occupancy by the Government with such diligence as will ensure delivery of the leased premises within the time required by the lease agreement, or any extension of the specified time. (b) Failure to maintain, repair, operate or "mice the premises as and when specified In this lease, or failure to perform any other requirement of Oft lease as and when required provided such failure which shalt remain uncured for a period of time as specified by the Contracting Officer, following Lessors receipt of notice thereof from the Contracting Officer. (c) Repeated failure by the Lessor W comply with one or more requirements of this lease shall constitute a default notwithstanding that one or all failures shall have been timely cured pursuant to this clause. (2) If a default occurs, the Government may, by written notice to the Lessor. terminate the lease in whole or In part. (10/96) F. ALTERATIONS - The Government shall have the right during the existence of this lease to make afteratlons. attach fixtures, and erect structures or signs In or upon the premises hereby leased, which futures, additions or strictures to placed In, on, upon, or attached to the said premises shall be and remain the property of the Government and may be removed or otherv0se disposed of by the Goverment. It Is mutually agreed and understood, &jet no restoration rights shalt accrue to the Lessor for any alterations to the leased premises under this tease, and that the Government shall have the option of abandoning alterations In piece. when terminating the lease, at no additional cost. (10/96) G. OFFICIALS NOT TO BENEFIT - No member of or delegate to Congress, or resident commissioner. shall be admitted to any share or part of this contract. or to any benefit arising from R. However, this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation's general benefit. (10196] H. COVENANT AGAINST CONTINGENT FEES -The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Goverment shall have the right to annul this contract without !{ability or, In Its discretion. to deduct 1Mrn the contract price or consideration, or otherwise recover the full amount of the contingent he. (10196) I. ANTI -KICKBACK - The Anti -Kickback Act of 1986 (41 U.S.C. 51-M (the Act). prohibits any person from (1) Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting. or attempting to accept any kickback; or (3) Including, directly or indirectly. the amount of any kickback In the contract price Charged by a prime Contractor to the United States or In the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor. (10186) J. PROTEST AND DISPUTES - All contract disputes arising under or related to this contract or protests Concerning awards of contracts shall be resolved under this clause, and through the Federal Aviation Administration (FAA) Dispute Resolution System. Judicial review, where available, will be In accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. The decision of the FAA shall be Considered a final agency decision only atter a contractor or offeror has exhausted their administrative remedies for resolving a contract dispute under the FAA Dispute Resolution System. Protests must be filed with the Office of Dispute Resolution within 5 calendar days of the date that the protester was aware. or should reasonably have been aware, of the agency action or Inaction which forms the basis of the protest. Unless otherwise stated In this contract, a contract dispute by the contractor against the government shall be submitted to the Contracting Officer within 1 year after the accrual of the contract dispute. Information relating to submitting a protest or dispute will be provided by the Contracting Officer. upon request. (10/96) K. EXAMINATION OF RECORDS - The Comptroller General of the United States. the Administrator of FAA or a duly authorized representable from aldw OW, until 3 years after final payment under this contract have access to and the right to examine any of the Contractors directly pertinent books, documents, paper. or other records Involving transactions related to this contract. (10/96) PART Ill - AWARD (ro be completed by Governmenr# their af. NAME AND TITLE OF OWNER (roe ar" CF NIM ae DATE September 23, 1999 Windy Sitton, Mayor (low; THIS DOCUMENT IS NOT BiNDING ON THE GOVERNMENT OF THE UNITED STATE OF AMERICA UNLESS SIGNED BELOW BY AUTHORIZED CONTRACTING OFFICER. ae. NAME OF CONTRACTING OFFICER (Type erflina James R. Bemis FEDERALAVIATION ADMINISTRATION 10/96 2 d 2 Pyes ft. DATE t0/*j/q FAA LEASE FOR REAL PROPERTY CKs ' ' • ' 1! si' -_ I _MMA Lease No. DTFA07-004.-01281 FAA Contractor Weather Observer Station (FCWOS) Lubbock, Texas j, Kaythie Darnell . Certify that I am the City Secretary Of the Corporation named in the foregoing agreement, that windy Sitton who signed said I agreement on behalf pf said corporation, was then Mayor thereof, that said agreement was duly igned for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Dated this 23rd day Of September _ w-991. CORPORATE SEAL APPROVED AS TO CONTENT: i i M rle iation Manager f _ Signed by 4Kayt Darnell cretary APPROVED AS TO FORM: William D. de Haas Competition and Contracts Manager Exhibit A { r, FAA LEASE FOR REAL PROPERTY CKs ' ' • ' 1! si' -_ I _MMA Lease No. DTFA07-004.-01281 FAA Contractor Weather Observer Station (FCWOS) Lubbock, Texas j, Kaythie Darnell . Certify that I am the City Secretary Of the Corporation named in the foregoing agreement, that windy Sitton who signed said I agreement on behalf pf said corporation, was then Mayor thereof, that said agreement was duly igned for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Dated this 23rd day Of September _ w-991. CORPORATE SEAL APPROVED AS TO CONTENT: i i M rle iation Manager f _ Signed by 4Kayt Darnell cretary APPROVED AS TO FORM: William D. de Haas Competition and Contracts Manager Exhibit A t FAA LEASE FOR REAP. PROPERTY Real Property EFT Clause Electronic Funds Transfer WM Payment Lease No. DTFA07-00-L-01281 FAA Contractor Weather Observer Station (FCWOS) Lubbock, Texas Payments by the Government under this lease, may be made by check or electronic funds transfer (EFT) at the option of the Government. If payment is made by EFT, the Government may, at its option, also forward the associated payment information by electronic transfer. EFT refers to funds transfer and information transfer. The Government is not required to make any payment under this lease until after receipt, by the designated payment office of the correct EFT payment information. However, until January 1, 1999, in the event the lessor certifies in writing to the payment office that the lessor does not have an account with a financial institution or an authorized payment agent, payment shall be made by other than EFT. For any payments to be made after January 1, 1999, the lessor shall provide EFT information. Prior to the first payment under this lease, the lessor shall provide the information required to make lease payment by EFT , directly to the Government payment office named in this lease. A single bank or financial agent must be designated, capable of receiving and processing the electronic funds transfer using the method below. In the event that the EFT information changes, the lessor shall be responsible for providing the changed information to the designated payment office. The lessor shall pay all fees and charges for receipt and processing of EFTs. The Government will make payments by EFT through an Automated Clearing House (ACH) however, the Federal Reserve Wire Transfer System may be used at the Government's option. The following information is required for ACH transfers: 1. Lease number to which this notice applies. 2. Lessor's name and remittance address, as stated in the lease. 3. Signature, title, and telephone number of the lessor official authorized to provide this information. 4. Name, address, and 9 -digit Routing Transit Number of the lessor's bank or financial agent. 5. Lessor's account number and type of account (checking, saving, or lockbox). The Lessor agrees that the Lessor's bank or financial agent may notify the Government of a change to the routing transit number, lessor account number, or account type. (1/97) Exhibit B 41 8 5 36 37 i n T NATIONAL WEATHER SERVICE I NEXRAD FtWas v I,/ vrsnaus S�Deur.�r z z C -I EXHIBIT C ■ n62