Resolution 296-1985
Art Skelly
Director of Airports
RESOLUTION NO. 296_1985
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZ-
ING THE MAYOR AND CHAIRMAN OF THE BOARD TO
APPROVE AND EXECUTE A RENEWAL OF LEASE NO.
DTFA06-86-L-l0003 BY AND BETWEEN THE COUNTY
OF MONROE, BOARD OF COUNTY COMMISSIONERS, AND
THE UNITED STATES OF AMERICA PROVIDING FOR
THE LEASING OF OFFICE SPACE LOCATED ON THE
SECOND FLOOR OF THE TERMINAL BUILDING AT KEY
WEST INTERNATIONAL AIRPORT.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
That the Mayor and Chairman of the Board of County Commis-
sioners of Monroe County, Florida, is hereby authorized to
approve and execute a renewal of Lease No. DTFA06-86-L-l0003 by
and between the County of Monroe, Board of County Commissioners,
and the United States of America, a copy of which is attached
hereto, providing for the leasing of office space located on the
second floor of the Terminal Building at the Key West Interna-
tional Airport.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a special meeting of said Board held
on the 1st day of November, A.D. 1985.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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ayor ~a1rman - ~~
(SEAL)
Attest:
PANNY L. KOLHAGE, Clerk
,;'\"
Attorney's Office
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
SOUTHERN REGION
Date of Lease
Lease Number DTFA06-86-L-10003
THIS LEASE, made and entered into this date by and between County of
Monroe, Board of County Commissioners, whose address is P. O. Box 1680, Key
West, Florida 33040, and whose interest in the property hereinaft~r
described is that of owner hereinafter called the Lessor, and the UNIT~D
: STATES OF AMERICA, hereinafter called the Government.
WITNESSETH: The parties hereto for the considerations hereinafter
mentioned, covenant and agree as follows:
1. The Lessor hereby leases to the Government the following described
premises:
Approximately 231 square feet of office space located on the second
floor of the Terminal Building, Key West International Airport, Key
West, Florida.
to be used for office space.
2. TO HAVE AND TO HOLD the said premises with their appurtenances for
the term beginning October 1, 1986, through September 30, 1987, subject to
termination and renewal rights as may be hereinafter set forth.
3. The Government shall pay the Lessor annual rent of $1,386.00 at the
rate of $115.50 per month in arrears. Rent for a lesser period shall be
prorated. Rent checks shall be made payable to:
AIRPORT OPERATION & MAINTENANCE
P. O. Box 1980
Key West, Florida 33040
4. The Government may terminate this lease at any time by giving at
least 30 days' notice in writing to the Lessor and no rental shall accrue
after the effective date of termination. . Said notice shall be computed
commencing with the day after the date of mailing.
2
5. The Lessor shall furnish to the Government. as part of the rental
consideration. the following:
a. Heat
b. Electricity
c. Water (hot and cold)
d. Chilled drinking water
e. Toilet supplies
f. Janitorial services and supplies in accordance with Attachment "B,"
made a part herein.
g. Initial lamps, tubes. ballasts and replacements.
h. Mechanical ventilation
6. The following are attached and made a part hereof:
The General Provisions and instructions (Standard Form 2-A, May 1970
edition). . Attachments A and B
7. PROMPT PAYMENT CLAUSE:
(a) This lease is subject to the Prompt Payment Act (Public Law
97-177) (96 Stat. 85. 31 USC 1801) and Office of Management and Budget
Circular A-125.
(b) An interest penalty will be paid automatically when your automatic
payment is not received by the 15th day of each month.
(c) Interest penalties will be computed at the rate established by the
Secretary of the Treasury for interest payments under Section 12 of the
Contract Disputes Act of 1978 (41 USC 611). Daily interest penalties
payable pursuant to this clause will be computed on the basis of the actual
number of days in the calendar year.
(d) Interest penalties are not required when payment is delayed
because of a disagreement between the Government and the contractor over
the amount of the payment or other issues concerning compliance with the
terms of the contract. nor are they required for a period when amounts are
withheld temporarily in accordance with the terms of the contract. Claims
concerning disputes, and any interest that may be payable with respect to
the period during which the dispute is being settled, will be resolved in
accordance with the provisions of the Contract Disputes Act of 1978 (41
USC 601 et seq.).
(e) Calculation of interest penalties. Whenever a proper invoice (or
periodic payment where no invoice is required) is paid after the due date
(determined in accordance with the payment terms set forth in this
contract) plus 15 days, interest will be included with the payment at the
interest rate applicable on the payment date. Interest will be computed
from the day after the due date through the payment date and the amount
will be separately stated on the check or accompanying remittance advice.
3
Adjustments will be made for errors in calculating interest if requested.
When an interest penalty that is owed is'not payed, interest will accrue on
the unpaid amount until paid. Interest penalties remaining unpaid for any
30-day period will be added to the. principal, and interest penalties,
thereafter, will accrue monthly on the total of the principal and previously
accrued interest.
8. DISPUTES
(a) This lease is subject to the Contract Disputes Act of 1978 (Public Law
95-563) .
:' (b) Except as provided in the Act, all disputes ar1s1ng under or relating
to this 'lease shall be resolved in accordance with this clause.
(c) (i) As us~d herein, "claim" means a written demand or assertion by one
of the parties seeking, as a legal right, the payment of money,
adjustment.or interpretation of lease terms, or other relief,
arising under or relating to this lease.
(ii) A voucher, invoice, or request for payment that is not in dispute
when submitted is not a claim for the purposes of the Act. How-
ever, where such submission is subsequently not acted upon in a
reasonable time, or disputed either as to liability or amount, it
may be converted to a claim pursuant to the Act. .
(iii) A claim by the Lessor shall be made in writing and submitted to the
Contracting Officer for decision. A claim by the Government
against the Lessor shall be subject to a decision by the Con-
tracting Officer.
(d) For Lessor claims of more than $50,000, the Lessor shall submit with
the claim a certification that the claim is made in good faith; the
supporting data are accurate and complete to the best of the Lessor's
knowledge and belief; and the amount requested accurately reflects the
contract adjustment for which the Lessor believes the Government is
liable. The certification shall be executed by the Lessor if an
individual. When the Lessor is not an individual, the certification
shall be executed by a senior company official in charge at the Lessor
plant or location involved, or by an officer or general partner of the
Lessor having overall responsibility for the conduct of the Lessor's
affairs.
(e) For Lessor claims of $50,000 or less, the Contracting Officer must
render a decision within 60 days. For Lessor claims in excess of
$50,000, the Contracting Officer must decide the claim within 60 days
or notify the Lessor of the date when the decision will be made.
(f) The Contracting Officer's decision shall be final unless the Lessor
appeals or files a suit as provided in the Act.
4
(g) The authority of the Contracting Officer under the Act does not extend
to claims or disputes which by statute or regulation other agencies of
the Executive Branch of the Federal'Government are expressly authorized
to decide.
(h) Interest on the amount found due on a Lessor claim shall be paid from
the date the claim is received by the Contracting Officer until the
date of payment. Interest on the amount found due on a Government
claim shall be paid from the date the claim is received by the Lessor
until the date of payment. Interest shall be computed at ten percent
(10%) per annum on the basis of a 365 or 366 day year, whichever
applies.
; . (i) Except as the parties may otherwise agree, pending final resolution of
a claim by the Lessor arising under the lease, the Lessor shall proceed
diligently with the performance of the lease and its terms in accor-
dance with. the Contracting Officer's decision.
IN WITNESS WHEUEOF, the parties hereto have hereunto subscribed their
names as of the date first above written.
LESSOR
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY
BY
(Signature)
(Signature)
In presence of:
(Signature)
(Address)
UNITED STATES OF AMERICA
BY
Contracting Officer
(Official Title)
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY.
BY
Attorney's Office
Lease'No. DTFA06-86-L-10003
SFO, Key West, Florida
ATTACHMENT "A"
9. Heating and Air Conditioning
Heating and air conditioning shall be maintained in accordance
Part 101-20.116-3, as of the effective date of this lease.
control devices shall be set to maintain temperatures of:
with 41 CFR
Temperature
Cooling. During the cooling season, the setting on room and zone
thermostats shall be held at 78 degrees - 80 degrees F during working hours
and permitted to go higher during nonworking hours. Necessary adjustments
shall be made to cooling system controls so that the temperature in the
space shall be maintained within this range without the use of heat.
..
.
Heating. During the seasonably ~ool months temperature control devices
shall be set to maintain temperatures of 65 degrees - 68 degrees F during
working hours a~d shall be turned off or lowered to allow temperatures of 55
degrees F or less during nonworking hours but to avoid freezing conditions.
Temperatures in warehouse and similar space shall be adjusted lower than 65
degrees - 68 degrees F depending on the type of occupancy and the activity
in the space.
NOTE: The temperature level settings set forth above are established by
Federal regulatory guidelines to conserve energy, except those areas
that shall be exempted by the Government/FAA under '41 CFR Part 101-
20.116-4.
10. Electric current; supply and install original and replacement
incandescent lamps and/or fluorescent tubes, starters and ballasts.
11. Lessor shall furnish to the Government as part of the rental
consideration cooled potable drinking water in a convenient location to the
leased areas.
12. Lessor shall furnish separate and adequate toilet facilities for male
and female employees together with hot and cold water, soap, towels and
tissue and maintained in a sanitary condition.
INITIALS:
GOVERNMENT
LESSOR
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,
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.
II
JANITORIAL SPECIFICATIONS
. .
THE FURNISHING OF ALJ. LABOR, MATERIALS, AND EQUIPMENT NECESSARY TO ACCOMPLISH
THE FOLWWING:
a. FWOR CLEANING: Clean all exposed floor surfaces by removing all debris;
such as, but not limited to, dust, loose dirt, mud, scum, grease, oil,
spillages, drippings, and trash. Dust and loose dirt shall not be stirred
up while cleaning.
, b. TRASH DISPOSAL: Empty trash baskets and ash trays; also remove and dispose
of trash in a manner that will not conflict with local sani tary regulations.
c. FURNITURE CLEANING: Clean all exposed surfaces of furniture, including
outside glass of bOokcases, by removing all dust, fingerprints, etc. Dust
shall not be "stirred. up" while cleaning. This does not include high
dusting of light fixtures or electronic equipment.
d. REST ROOM FIXTURES CLEANING: Clean all exposed surfaces of rest room
fixtures and trim by removing all foreign matter and scum. Also sani tize
commodes, commode seats, urinals, and flush valves. Damp wipe walls to
remove spots and soil.
e. FLOOR BUFFING: Clean, damp mop, and power buff all exposed floor surfaces
by using supplies, equipment, and methods for providing a clean and properly
buffed surface,
f. FLOOR WAXING: Scrub and/or strip, wax and power buff all exposed floor
surfaces. Only non-slip (Not Self-polishing) floor wax may be used. All
materials, supplies, equipment and methods of work used shall provide a
clean, safe and well-protected floor.
g. WINOOW CLEANING: Clean both inside and outside of windows by removing all
foreign matter, scum and dirt.
h. FILL: Fill paper towel, toilet paper and soap dispensers and/or containers
where applicable.
i. CARPET SHAMPOOING: Thoroughly clean all carpets using standard methods and
a good grade shampoo compound.
**NOTE: The contractor will not clean electronic equipment, engine generator
or other associ ated equipment.
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