Item C05
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 7/18/01
7/19/01
DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES
DEPARTMENT: AIRPORTS
AGENDA ITEM WORDING: Approval of lease agreement with the Federal Aviation Administration for office space in the
Key West International Airport Terminal Building.
ITEM BACKGROUND: This is a renewal agreement. Term of the agreement is 10/1/01 through 9/30/02, with options to
9/30/06.
PREVIOUS RELEVANT BOCC ACTION: Approval of current lease agreement which expires 9/30/01.
CONTRACT/AGREEMENT CHANGES: Rent increases from $268.42 per month, to $514.94 per month. There is a new
'Security Checks' clause, paragraph 9.
STAFF RECOMMENDATION: Approval
TOTAL COST: None
BUDGETED: N/A
COST TO AIRPORT: None
COST TO COUNTY: None
REVENUE PRODUCING: Yes
AMOUNT PER MONTH: $514.94
APPROVED BY: County Attorney X
OMB/Purchasing X
Risk Management X
KEY WEST AIRPORT DIRECTOR APPROVAL
Q+l-
Peter J. Horton
DOCUMENTATION: Included X
To Follow
Not Required
AGENDA ITEM #
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DISPOSITION:
/bev
APB
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Federal Aviation Administration
Effective Date: 10/1/01
Expiration Date: 9/30/02,
with 4 one year options
Contract Purpose/Description: Lease for office space (Room 202) in the Key West International Airport
Terminal Building
Contract Manager: Bevette Moore
(name)
for BOCC meeting on: 7/18/01
# 5195
(Ext. )
Airports - Stop # 5
(Department/Courier Stop)
Agenda Deadline: 7/3/01
Total Dollar Value of Contract:
Budgeted? N/A
Grant: N/A
County Match: N/A
Estimated Ongoing Costs: N/A
(not included in dollar value above)
CONTRACT COSTS
Revenue Producing
Current Year Portion:
Account Codes:
ADDITIONAL COSTS
For: .
(eg. maintenance, utilities, janitorial, salaries, etc.)
Date In
Airport Manager
2J~.Q!
Risk Manaim. ent
\\
o"~r "ilsing
County Attorney
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Comments:
CONTRACT REVIEW
Changes
Needed
Yes No
Reviewer Date Out
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tl ". . Wayne Robertson I _)/;./
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Rob Wolfe
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u.s. Department
of Transportation
FEDERAL AVIATION ADMINISTRATION
LAND LEASE
Lease No. DTFA06-02-L-00365
Facility: AFSSC
Location: Key West, Florida
LEASE
Between
BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA
and
THE UNITED STATES OF AMERICA
THIS LEASE made and entered into this _ day of , 2001 by and between
the Board of Commissioners of Monroe County, Florida whose address is Board of Commissioners of
Monroe County, Florida c/o Director of Airports, Key West International Airport, 3491 South Roosevelt
Blvd., Key West Florida 33040 for itself or its, successors, and assigns, hereinafter referred to as the
Lessor and the United States of America, hereinafter referred to as the Government:
WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and
agree as follows:
1. PREMISES
The Lessor hereby leases to the Government the following described property, hereinaft~r
referred to as the premises, viz:
Approximately 231 net usable square feet of office space located on the second floor of the
terminal building, Key West International Airport, Key West, Monroe County, Florida. The space is
identified as Room No. 202.
2. TERM
To have and to hold said premises with their appurtenances for the term beginning October 1,
2001 through September 30, 2002, subject to termination and renewal rights as may be hereinafter set
forth.
3. RENEWAL
This lease may, at the option of the Government. be renewed from year to year upon the terms
and conditions herein specified. The Government's option shall be deemed exercised and the lease
renewed each year for one (1) year unless the Government gives the Lessor thirty (30) days written
notice that it will not exercise its option, before this lease or any renewal thereof expires; PROVIDED,
that no renewal thereof shall extend the period of occupancy of the premises beyond September 30,
2006.
4. CONSIDERATION
The Government shall pay the Lessor rental for the premises in the amount of $6,179.25
per year. Payments shall be made in arrears at the end of each month without the submission of
invoices or vouchers, subject to available appropriations. Rent for a lesser period shall be prorated..
Payment shall be considered paid on the day a check is dated or an electronic funds transfer is made.
Checks will be made payable to:
Board of Commissioners of Monroe County, Florida
c/o Director of Airports
Key West Intemational Airport
3491 South Roosevelt Blvd.
Key West Florida 33040
5. TERMINATION
The Government may terminate this lease, in whole or in part, at any time by giving at least 30
days notice in writing. Said notice shall be sent by certified or registered mail.
6. RESTORATION
It is hereby agreed between the parties, that upon termination of its occupancy, the Government
shall have no obligation to restore and/or rehabilitate, either wholly or partially, the space, which is the
subject matter of this lease. It is further agreed that the Government may abandon in place any or all
improvements made to the space by the Government during its tenure. Such abandoned equipment
shall become the property of the Lessor. Notice of abandonment will be conveyed by the Government to
the Lessor in writing. Notwithstanding the foregoing, the Government shall take reasonable care of the
premises and shall, in the event it damages, destroys or fails to reasonably maintain the same,
compensate the Lessor for Lessor's additional costs resulting therefrom.
7. ALTERATIONS.
The Govemment shall have the right during the existence of this lease to make non-structural
alterations, attach fixtures, and erect structures or signs in or upon the premises hereby leased, which fixtures,
additions or structures so placed in, on, upon, or attached to the said premises shall be and remain the prope~y
of the Govemment and may be removed or otherwise disposed of by the Govemment. Notwithstanding the
foregoing, no alteration, attachment or erection shall occur without the prior written approval of the Lessor's
Airport Director, which approval shall not be unreasonably withheld or delayed; and, in addition, upon any
removal of any of such alteration, fixtures or signs, if the removal damages or mars the premises in any
manner, the same shall be restored by the Govemment at its cost prior to the end of the lease tenn.
8. SERVICES AND FACILITIES
The Lessor shall furnish to the Govemment, as part of the rental consideration, the following:
(a) HEATING, AIR CONDITIONING AND VENTILATION (HVAC): The Lessor shall fumish
heating , air conditioning and ventilation systems that provide for the comfortable occupancy of the leased
premises. Temperatures shall be thennostatically controlled to maintain temperature not lower than 70
degrees Fahrenheit during the heating season and not higher than 78 degrees Fahrenheit during the cooling
season. These temperatures must be maintained throughout the leased premises and service areas,
regardless of outside temperatures, during the Govemment's hours of operation.
(b) HVAC MAINTENANCE: The Lessor shall provide all preventive and periodic maintenance
and repair of Lessor's HVAC equipment.
@ ELECTRICITY: The Lessor shall pay for electrical power serving the leased premises,
including without limitation, electrical power for the operation of lights, communication, equipment and office
machines.
DTF A06-02-L-00365
Page 2 of 7
(d) LIGHTING: The Lessor shall provide operational lighting fixtures including ballasts for any
fluorescent units, light bulbs and tubes within the leased premises.
(e) DRINKING FOUNTAINS: The Lessor shall fumish all equipment for a system to supply
chilled potable clear drinking water within reasonable proximity of the leased premises.
(f) TOILET FACILITIES: The Lessor shall provide operational toilet facilities for women and
operational toilet facilities for men within reasonable proximity of the leased premises.
(g) JANITORIAL SERVICES: The Lessor shall provide janitorial service to the leased premises.
The level and frequency of the services to be provided by the Lessor are depicted on the attached janitorial
Schedule. The schedule is attached and incorporated herein as Attachments "An and "B".
(h)
premises.
DISPOSAL SERVICE: The Lessor shall provide solid waste disposal services for the leased
(i) PEST CONTROL: The Lessor shall provide extermination and pest control services to the
leased premises.
0) SECURITY: The Lessor shall provide security to prevent illegal entry, loitering or
unauthorized entry to the leased premises.
(k) PAINTING: The Lessor shall accomplish interior repainting and redecoration of the leased
premises not less than once every five years of Govemment occupancy under this lease.
(I) WINDOW COVERINGS: The Lessor shall provide standard window coverings, i.e. blinds or
draperies, for all exterior windows within the lease premises including repair and replacement of such as may
be required.
(m) PARKING: The Lessor shall provide, at no additional cost to the Govemment, a minimum of
one parking space for official Govemment vehicles. FAA employee and visitor parking shall be at or within
close proximity of the Terminal Building, Key West Intemational Airport, Key West, Florida. .
9. SECURITY CHECKS FOR CONTRACTORS IN LEASED SPACE
In accordance with FAA security order 1600.69, Facility Security Management Program, the Lessor shall
provide a level of security that reasonably deters unauthorized entry to the leased premises during non-
duty hours, and deters loitering or disruptive acts in and around said leased premises during duty hours.
In addition, consistent with Appendices 9 and 10 of FAA order 1600.10, Personnel Security Program,
personnel information shall be submitted to the Government for each employee of the Lessor, as well as
employees of the Lessor's contractors or subcontractors who perform work on the leased premises under
the following situations:
(a) If the cumulative work activities for any employee (i.e. janitorial, construction contractors,
etc.) is expected to exceed 180 calendar days during a 1-year period, the lessor shall forward to the
Government:
(1) a quarterly report listing by full name in alphabetical order with the date of birth and social
security number of all contractor personnel who had access to FAA facilities, resources and sensitive
information anytime during the report period.
(2) two (2) completed fingerprint cards (FD-2S8). All fingerprint cards shall be printed in black
ink or typewritten with all answerable question blocks completed, and shall be signed and dated.
(3) completed Questionnaire for Public Trust Position (SF-8SP). The SF-8SP shall be
completed (all questions answered) in accordance with the instruction sheet.
DTFA06-02-L-00365
Page 3 of 7
(4) and completed identification card application (DOT F1681) with appropriate pictures.
(b) If the cumulative work activities for construction-type work with a.cumulative duration of less than
180 calendar days over a 1-year period, the Govemment shall be provided only the completed employee
fact sheet (Records Check Request form) outlined in paragraph a(2) above. If local facility security
measures require employees to display Government-issued picture identification badges, then the Lessor
shall furnish to the Government completed identification card application (DOT F1681) outlined in
paragraph a (1).
The Lessor is required to provide to the Government the required personnel information for existing
employees within 10 calendar days after acceptance of this clause. Upon receipt of the information from
the Lessor, the Government will conduct personnel security checks of those contractor employees
outlined in paragraph a (1). The Government shall advise the Lessor, in writing, if a contractor employee
is found to be unsuitable for access to FAA leased premises. Upon receipt of the written determination,
the "unsuitable" employee will be immediately removed from the Government leased premises.
Further, the Lessor will provide the FAA the required personnel security information for any new
contractor employee hired after the date of acceptance of this clause within 10 calendar days.
10. ERECTION OF SIGNS.
The Government shall have the right to erect on or attach to the Lessors premises such signs as may
be required to clear1y identify the Govemment's facility so long as prior thereto written approval from the
Lessor's Airport Director is obtained, which approval shall not be unreasonably withheld or delayed. Said signs
so erected will remain the property of the Government and shall be removed from the premises upon
termination of the Lease.
11. MAINTENANCE OF PREMISES.
The Lessor shall maintain the demised premises, including the building and all equipment, fixtures,
and appurtenances furnished by the Lessor under this lease in good repair and tenantable condition, except in
case of damage arising from the act or the negligence of the Govemment's agents or employees. For t~e
purpose of so maintaining said premises and property, the Lessor may at reasonable times, and with the
approval of the authorized Government representative in charge, enter and inspect the same and make any
necessary repairs thereto. As provided in Paragraph 5 above, the Government shall take reasonable care of
the premises to not unduly damage or cause wear therein, and shall, in the event of a lack of care causing
undue damage or wear, reimburse the Lessor's additional costs resulting therefrom upon being invoiced
therefor.
12. DAMAGE BY FIRE OR OTHER CASUALlY.
If the premises are totally destroyed by fire or other casualty or are destroyed to such an extent as to
render them unusable, then this Lease shall terminate effective as of such casualty and the Govemment shall
vacate the premises as soon as reasonably possible. So long as the Govemment promptly vacates the
premises following the casualty, no rentals shall accrue after the casualty. In case of partial destruction or
damage to the premises by fire or other casualty so as to presently render the premises untenantable, as
determined by the Govemment, the Govemment may terminate this Lease effective fifteen (15) days following
the Govemment's provision of written notice thereof to the Lessor; and, if so terminated, no rentals will accrue
to the Lessor after such partial destruction or damage, so long as the Government vacates the premises at the
end of such fifteen (15) day period. If the Government does not elect to terminate this Lease as a result of
partial damage, the rental payable hereunder shall be reduced proportionately to the extent of the reduced
tenantability, as evidenced by a supplemental agreement to be signed by the parties hereto, and effective from
the date of such partial destruction.
DTF A06-02-L-00365
Page 4 of 7
13. APPLICABLE CODES AND ORDINANCES.
The Lessor, as part of the rental consideration, agrees to comply with all codes and ordinances
applicable to the ownership and operation of the building in which the leased space is situated and, at Lessor's
own expense, to obtain all necessary permits and related items.
14. INSPECTION OF PREMISES.
At all times after receipt of offers, prior to or after acceptance of any offers, or during any construdion,
remodeling, or renovation work, the premises and the building or any parts thereof, upon reasonable and
proper notice, must be accessible for inspedion by the Contra ding Officer, or by architects, engineers, or other
technicians representing him, to determine whether the essential reqUirements of the solicitation or the lease
requirements are met. Additionally, the Government reserves the right, upon reasonable notice, to inspect and
perform bulk sampling and analysis of suspeded asbestos containing materials and to monitor the air for
asbestos fibers in the space offered or under lease as well as other areas of the building deemed necessary by
the Contrading Officer. Also, the Government shall have the right to insped the premises for any leaks, spills,
or other potentially hazardous conditions, which may involve tenant exposure to Polychlorinated Biphenyls
(PCBs).
15. NOTIFICATION OF PCB HAZARDOUS CONDITION.
The Lessor shall promptly notify the Contrading Officer and the tenant agency official of any leaks,
spills, or other hazardous conditions, which involve PCBs in any area of the building.
16. TERMINATION-ERRONEOUS REPRESENTATION CONCERNING
POLYCHLORINATED BIPHENYLS (PCBs).
If it is determined that the presence of PCBs has been misrepresented, the Government reserves the
right to require the Lessor, at no cost to the Government, to remove or retrofit any PCB equipment present in
the building, in accordance with EPA regulations, or alternately the Government may terminate the lease. This
is in addition to other remedies available to the Government.
17. WARRANTY OF SPACE.
(a) Notwithstanding inspedion and acceptance by the Govemment or any provision conceming the
conclusiveness thereof, the Lessor warrants that all space leased to the Government under this contrad,
spaces above suspended ceilings in the leased space, air plenums elsewhere in the building which service the
leased space, engineering spaces in the same ventilation zone as the leased space, public spaces and
common use space (e.g., lobbies, hallways) will, at the time of acceptance and during the term of the lease
contrad, comply with the asbestos containing material (ACM) and polychlorinated biphenyl (PCB)
requirements of the Toxic Substance Control Ad. The Contrading Officer shall notify the Lessor in writing,
within 30 days after the discovery, of any failure to comply with the asbestos requirement.
(b) If either ACMs or PCBs are found to be in the leased space the Government reserves the right to
require the Lessor, at no cost to the Government, to take whatever corredive adion as might be required by
the Toxic Substance Control Ad.
(c) If the Lessor fails, after receipt of notice, to make corredion within the specified period of time, the
Government shall have the right to make corredion and charge to the Lessor the costs occasioned to the
Government or terminate the lease agreement at no cost to the Government.
(d) The rights and remedies of the Government in this clause are in addition to any other rights and
remedies provided by the law and under this contrad.
(e) Definitions.
(1) "Acceptance", as used in this clause means the ad of an authorized representative ofthe
Government by which the Govemment assumes for itself, or as an agent of another, the leased premises as
ready for occupancy or approves a portion of the premises for occupancy in accordance with the provisions of
this lease contrad.
DTF A06-02-L-00365
Page 50f7
(2) "Correction", as used in this clause, means (i) the removal, encapsulation or enclosure of
any friable asbestos materials found in the space leased to the Government, spaces above suspended ceilings
in the leased space, air plenums elsewhere in the building-which service the leased space, public spaces,
engineering spaces in the same ventilation zone as the leased space and common use space (e.g., lobbies,
hallways). Following such abatement actions, the Lessor shall adhere to the Government's required post-
asbestos-abatement air monitoring program. (ii) With regard to non-friable asbestos materials in good
condition, it means the establishment and execution of a special operations and maintenance program and an
abatement plan, approved by the Government, to be implemented from the time the materials are discovered
through the remainder of the lease term, and (iii) with regard to PCBs, it involves the removal or retrofitting, in
accordance with EPA regulations, of any PCB equipment present in the building.
18. CLAUSES INCORPORATED BY REFERENCE.
This contract incorporates one or more clauses by reference, with the same force and effect as if they
were given in full text. Upon request, the Contracting Officer will make their full text available.
52.203-3
52.203-5
52.203-7
52.233-1
19. DEFINITIONS.
GRATUITIES.
COVENANT AGAINST CONTINGENT FEES.
ANTI-KICKBACK PROCEDURES.
DISPUTES.
(a) The terms "contract" and "Contractor" shall mean "lease" and "Lessor', respectively.
(b) If the lease is a sub-lease, the term "Lessor' means the sub-lessor.
(c) The term "Lessor shall provide" means the Lessor shall furnish and install.
(d) The term "Contracting Officer' shall mean any person who, either by virtue of his/her position or by
appointment in accordance with prescribed regulations, is vested with the authority to enter into and administer
contracts and make determinations and findings with respect thereto, orwith any part of such authority.
(e) The term "Contracting Officer Representative" shall mean the designated person to act as the
authorized representative of the Contracting Officer, and whose scope and limitation of authority must be i.n
writing.
(f) The term "beneficial occupancy date" (BOD) shall be the date as stated in Article 2, or some other
date mutually agreed upon between the Lessor and the Government. The parties hereto shall enter into a
supplemental agreement effectuating the actual BOD if other than stated in Article 2.
20. FAILURE IN PERFORMANCE.
The covenant to pay rent and to provide any service, utility, maintenance, or repair required under this
lease are dependent. If the Lessor, upon notice from the Govemment, and within a reasonable time, fails to
provide any of these items, the Government may by contract or otherwise perform the service, maintenance,
utility, or repair, and charge to the Lessor any cost inCUrred by the Govemment that is related to the
performance of such service, maintenance, etc., including any administrative costs, and deduct such cost ~m
any rental payments. Altemately, the Government may reduce rental payments by the corresponding value of
the contract requirement not performed, as determined by the Contracting Officer. These remedies are not
exclusive and are in addition to any other remedies, which may be available under this contract or in the law.
Any determination by the Contracting Officer must be reasonable. In the event the Govemment fails to
perform its obligations hereunder, the Lessor may terminate this Lease thirty (30) days after having provided
written notice to the Government of such failure, without cure occuning within such period. The Lessor shall
have all rights and remedies provided by the law to a landlord with a defaulting tenant, as against the
Government, if it is in default.
21. LESSOR'S SUCCESSORS.
The terms and provisions of this lease and the conditions herein bind the Govemment and the Lessor
and the Lessors successors, and assigns.
DTF A06-02-L-00365
Page 6 of 7
22. NOTICES.
All notices shall be in writing and sent by United States Certified or Registered mail, retum
receipt requested, and shall be addressed as follows (or to such other address as either party may
designate from time to time by notice to the other:
TO LESSOR:
Board of Commissioners of Monroe County, Florida
C/o Director of Airports
Key WeSllntemational Airport
3491 South Roosevelt Blvd.
Key West. Florida 33040
TO GOVERNMENT:
FEDERAL AVIATION AOMINISTRA TION
SOUTHERN REGION, ASO-SSM
P.O. Box 20636
Atlanta. Georgia 30320-0631
Tel: 404-305-5770 Facsimile: 404-305-5774
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date above
written.
ATTEST:
MONROE COUNTY BOARD OF COMMISSIONERS
BY:
Signature)
(Official title)
UNITED STATES OF AMERICA
BY:
(Signature)
REAL ESTATE CONTRACTING OFFICER
(Official title)
DTFA0fH)2-l~365
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