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DTFA06-97-L-16838 08/12/1998 Jaannp 1... ~olbllgt BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARA lHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852~7146 MEMORANDUM TO: Peter Horton, Director Division of Community Services FROM: Attention: Bevette Moore, Airport Fmance Ruth Ann Jantzen, Deputy Clerk ..Q!,() j . August 24, 1998 DATE: ------------------------------------------------------------------------------------------------------------------------ On August 12, 1998, the Board of County Commissioners granted approval and authorized execution of a Lease Agreement between Monroe County and the Feder.al Aviation Administration for storage space at the Key West International Airport. Enclosed please find three duplicate originals of the above Agreement, executed on behalf of Monroe County. Please be sure that one fuBy executed copy ~ returned to thB otrJCe as soon as possible. me. H you have any questions concerning the above, please do not hesitate to contact Enclosure cc: County Attorney Finance County Administrator, w/o document File '":~-~~.:,,:: .,;.."-~'""-""'_'o.;..."."'...:"~,. . F::DERAL AVIATION ADMINISTRATION LEASE FOR REAL PROPERTY LEASE NUMBER Date of Lease: 1. THIS lEASE, entered into by and between Board of County Commissioners, Monroe County, Florida, whose interest in the property hereinafter described is that of Owner, hereby referred to as lessor, and the United States of America, hereinafter referred to as the Government: WITNESSETH: The Parties hereto, and for the consideration hereinafter mentioned, covenant and agree as follows (101961: DTFA06-97 -L-16838 /Mt. ff 2. DESCRIPTION - The lessor hereby leases to the Government the following described premises: Approximately 734.54 square feet of net-usable space located on the first and second floors of the Terminal Building and 300 squiare feet of land located behind Hangar No.1, Key West International Airport, Monroe County. Florida. The lease premises is used for Airway Facilities System Support Center (SSC) and Air Traffic Control Tower (A TCT) storage. The lease premises is identified as follows: Room Name Engine Generator Equipment Room Maintenance Shop SES Storage land for FAA Storage Building Square Feet 203.44 253.82 200.62 76.66 ~ 1,034.54 Total Location First Floor Second Floor Second Floor Second Floor Hangar No.1 " (10/96) 3. TERM - To have and to hold, for the term commencing on October 1, 1997, and continuing through Spetember 30,2002 inclusive, PROVIDED, that adequate appropriations are available from year to year for the payment of rentals. The Government may terminate this lease at any time, in whole or in part on or after October 1, 1997, by giving at least thirty (30) days notice in writing to the Lessor. No rental shall accrue after the effective date of termination. Said notice shall be computed commencing with the day after the date of mailing. (10196) 4. RENTAL Rent in the amount of $729.89 per month shall be payable to the Lessor in arrears and will be due on the first workday of each month, without the submission of invoices or vouchers. Subject to available appropriations. The applicable annual rental rates to the premises covered by this lease are $11.63 per square foot for space and $.72 per square foot for land on which the Government's storage unit rests. Rent shall be considered paid on the date a check is dated or an electronic funds transfer is made. Rent for a period of less than a month shall be prorated. Checks will be made payable to: Board of Commissioners of Monroe County, Florida, c/o Director of Airports, 3491 South Roosevelt Boulevard. Key West, Florida 33040. (10/96) 5. STANDARD CONDITIONS AND REQUIREMENTS The following standard conditions and requirements shall apply to any premises offered for lease to the UNITED STATES OF AMERICA (hereinafter called the GOVERNMENT) (10196): Space offered shall have a valid Occupancy Permit, 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 & Environmental Checklist" form, in lieu of an occupancy permit, at the contracting officer's discretion. The leased premise, all accesses to the leased premises, building operations, equipment, services, or utilities furnished by the lessor, and activities of other occupants, shall be free of safety, health, and fire hazards. When such hazards are detected, they must be promptly corrected at the Lessor's expense. The Building and the leased space shall be accessible to the handicapped in accordance with the Uniform Federal Accessibility Standards (41 CFR 101- 19.6. App. Al 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. If 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 daily, extending from 7:00 a.m. to 5:00 p.m. 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. 6. SERVICES AND UTILITIES (To be provided by Lessor as part of rent. Services shall be Building Standard. unless level of service is prescribed elsewhere in the lease.) (101961 0 HEAT ONLY. DEG. ~ ELECTRICITY 0 SPECIAL POWER - NOTED BELOW! 0 TRASH REMOVAL 0 GROUNDS MAINT. 0 INITIAL & REPLACEMENT ~ OTHER ~ CHILLED DRINKING WATER 0 WINDOW WASHING LAMPS. TUBES &' (Specify below) ~ BALLASTS HVAC - AIC 78-80 DEG. F Frequency 0 PAINTING FREQUENCY Parking as for aiport employees Heating 65.68 DEG. F. Off Hours 55 DEG. F. Minimum ~ DAILY TOILET SUPPLIES & 0 CARPET CLEANING Space CLEANING 0 DAILY JANITORIAL SERVo & Frequency Public Areas SUPPLIES ~ WATER (Hot & Cold! o SNOW REMOVAL OTHER REOUIREMENTS @ See herein attached - Attachment A FEu! Rr,L A VIA T lor~ ADMINISTRA Tlor~ 10/9''; 1 of 2 P"ges FAA LEASE FOR REAL PROPERTY 7: GENERAL CLAUSES A. INSPECTION - The Government reserves the right. at any time after the lease is signed and during the term of the lease, to inspect the leased premises and all other areas of the building to which access is necessary to ensure a safe and healthy work environment for the Government tenants and the Lessor's 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. If the building is partially or totally destroyed or damaged by fire or other casualty or if environmentally hazardous conditions are found to exist so that the leased space is untenantable as determined by the Government, the Government may terminate the lease, in whole or in part. immediately by giving written notice to the Lessor and no further rental will be due. (10/96) 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 any item, or meet any requirement of this lease. the Government may perform the service. provide the item, or meet the requirement, either directly or through a contract. The Government may deduct any costs incurred for the service or item, 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. DEFAUL T BY LESSOR - (1) Each of the following shall constitute a default by Lessor under this-lease: (a) If the Lessor fails 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. (bl Failure to maintain, repair, operate or service the premises as and when specified in this lease, or failure to perform any other requirement of this lease as and when required provided such failure which shall remain uncured for a period of time as specified by the Contracting Officer, following Lessor's receipt of notice thereof from the Contracting Officer. (c) Repeated failure by the Lessor to 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. AL TERA TIONS - The Government shall have the right during the existence of this lease to make 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 property of the Government and may be removed or otherwise disposed of by the Government. It is mutually agreed and understood, that no restoration rights shall accrue to the Lessor for any alterations to the leased premises under this lease, and that the Government shall have the option of abandoning alterations in place. 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 it. 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. (10/96) " ~ ~.t OZ u..~ o!::! ~u.. u.. ~~ 0-' w<. >~: Ow: ~-J ~o <z oc( 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 Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of the contingent fee. (10/96) I. ANTI-KICKBACK - The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Actl, 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. (10/96) 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 after 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. EXAMINA TION OF RECORDS - The Comptroller General of the United States, the Administrator 0 r a duly authorized representative from either shall, until 3 years after final payment under this contract have access to and the righ. . ;8;;:;(~e'a... Ab~ Contractor's directly pertinent books, documents. paper, or other records involving transactions related to this contract. .~; ./~~t." ST: DANNY l. rolHAGE, ClERK PART III - AWARD (To be completed by Go ~i ,;) [::;,r , . . . "), ., '- IN WITNESS WHEREOF, the parties hereto have si ~ s., NAME AND TITLE OF OWNER (Type or Prinl/ '11 t. ( I;:' DC C ({1{'I('L( (:;n: L_ (10/96) THIS DOCUMENT IS NOT BINDING ON THE GOVERNMENT CONTRACTING OFFICER. 9., NAME OF CONTRACTING OFFICER (Type or P,inl/ ~L) 9b, SIGNATURE OF CONTRACTING OFFIC.ER /;J,~(:/.j.:_~~ 9c, DATE ~B0N C;-K ) ti l/ <.... , '-."> I il J (j /\ jf] c:~' . /) / , (10:961 ,.(.,./( ,j FEDERAL AVIATION ADMINISTr;f, TIOtJ 10/96 :.' 01 2 Pdge'o ATTACHMENT ~ TO LEASE No.DTFA06-97-L-16838 I-Installation Of Antennas, Cables And Other Appurtenances The Government shall have the right to install, operate and maintain antennas, wires and their supporting structures including any linking wires, connecting cables and conduits atop and within buildings and structures, or at other locations, as deemed necessary by the Government, provided such installations will not be located in such an area or in such a manner as to adversely effect the development, improvement or operation of the Key West International Airport. It is also specifically understood and agreed that in locating antenna wires or other appurtenances on top of the Administration Building, or other portions of the Administration Building, the Government will perfonn the work, or cause the same to be performed, in such a manner as to hold the County of Monroe hannless from any and all damages that may be caused by such work, or any and all damages that may be sustained through the cancellation of the roofing bond. The Government shall also have the right and privilege to install, operate and maintain such underground power and control cables as will be necessary between the Air Traffic Communications Station and the emergency standby power plant for proper operation of the facility or facilities during periods of c.ommercial power failure. 2-Securitv The Lessor shall provide sufficient security for the premises to prevent illegal or unauthorized entry and loitering. (10/96) 3-No Waiver No failure by the Government to insist upon strict performance of any provision of this lease, or failure to exercise any right, or remedy consequent to a breach thereof. shall constitute a waiver of any such breach in the future. (10/96) 4-lntegrated Agreement This Lease, upon execution, contains the entire agreement of the parties, and no prior written or oral agreement, express or implied shall be admissible to contradict the provisions of this lease. (10/96) 5-Compliance With Applicable Laws The Lessor shall comply with all federal, state and local laws applicable to the Lessor as owner or lessor, or both, of building or premises. including, without limitation, laws applicable to the construction, ownership, alteration or operation of both or either thereof, and will obtain all necessary permits, licenses and similar items at Lessor's expense. This lease shall be governed by Federal law. (10/96) 6-Non-Restoration The Government shall have no obligation to restore and/or rehabilitate, either wholly or partially, the premises under this lease. It is further agreed that the Government may abandon in place any or all of the structures, improvements and/or equipment installed in or located upon said property by the Goverment during its tenure. Notice of abandonment will be conveyed to the Lessor in writing. ( 10/96) 7-Electronic Funds Transfer (EFT) Payment Payments by the Government under this contract may be made by check or electronic funds transfer (EFT) at the option of the Government. Ifpayment is made by EFT, the Government may, at its option, also forward the associated payment infonnation by electronic transfer. EFT refers to funds transfer and information transfer. The Government is not required to make any payment under this contract until after receipt, by the designated payment office of the correct EFT payment information. However, until January L 1999, in the event the contractor certifies in writing to the payment office that the contractor does not have an account with a financial institution or an authorized payment agent, payment shall be made by other that EFT. For any payments to be made after January 1, 1999, the contractor shall provide EFT information. federal .!\,'iatioll Adl1linis(r;ltiOI1 ]O/'J(, f\ ttachlllcll( A Prior to the first payment under this contract, the contractor shall provide the infonnation required to make contract payment by EFT, directly to the Government payment office named in this contract. 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 infonnation changes, the contractor shall be responsible for providing the changed infonnation to the designated payment office. The contractor 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. Contract number to which this notice applies. 2. Contractor's name and remittance address, as stated in the contract. 3. Signature, title, and telephone number of the contractor official authorized to provide this infonnation. 4. Name, address. and 9-digit Routing Transit Number of the contractor's bank or financial agent. 5. Contractor's account number and type of account (checking, savings, or lookbox). The payment office address is: FAA, ASO-22B P. O. Box 45719 Atlanta, GA 30320 The Contractor agrees that the Contractor's bank or financial agent may notify the Government of a change to the routing transit number, contractor account number, or account type. (1/97) 8-Holdover If, after expiration of the lease, the Government shall retain possession of the premises, the lease shall continue in force and effect on a day-to-day basis not to exceed 90 days. Rent shall be paid monthly in arrears on a prorated basis at the rate paid during the lease tenn. (10/96) 9-Notices All notices shall be in writing and sent by United States Certified or Registered mail, return 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 Country, Florida c/o Director of Airports 3491 South Roosevelt Boulevard Key West. Florida 33040 TO GOVERNMENT: Federal Aviation Administration Southern Region, ASO-55D P. O. Box 20636 Atlanta, Georgia 30320 General correspondence may be forwarded to the above address via first class mail. 1O-Hold Hannless In accordance with and subject to the conditions, limitations and exceptions set forth in the Federal Tort Claims Act of 1948, as amended (28 USC 2671 et. seq.), hereafter termed "the Act" the Government will be liable to persons damaged by any personal injury, death or injury to or loss of property, which is caused by a negligent or wrongful act or omission of an employee of the Government while acting within the scope of his office or employment under circumstances where a private person would be liable in accordance with the law of the place where the act or omission occurred. The foregoing shall not be deemed to extend the Government's liability beyond that existing under the Act at the time of such act or omission or to preclude the Government from using any defense available ill law or equity. Fed...:!al A\.ialioll Administratioll ]0/% Attachment A 2