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Home My WebLink AboutRES 15-013RESOLUTION NO.15-013 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Lease between the City of Beaumont and the Federal Aviation Administration (FAA) for the Remote Transmitter/Receiver (RTR) facility located at the Beaumont Municipal Airport. The Lease is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of January, 2015. � to �v U.S. DEPARTMENT OF TRANSPORTATION FED IZAL AVIA'T'ION ADMINISTRATION ANTENNA AND RACK SPACh LEASE ICOR REAL PROPERTY Lease No: DTI'ACN-J5^1,-00JZJ Location: Beaumont. "Texas (BMT) Facility: RemoteTransfer Receiver (RTR) 1. THIS LI;;ASE(9/98), entered into by and between CITY OF BEAUMON7', "I EXAS whose interest in the property hereinafter described is that of OWNER, hereby refcrred to as LESSOR, and the United States of America, hereinafter referred to as the GOVERNMENT OR FAA: WITNESS[: 1-11 The Parties hereto, and for the consideration hereinafter mentioned, covenant and agree as follows: 2. D1'SCRIP` ION (10/96) -The LESSOR hereby leases to the GOVT RNMI.Xi' the following described premises: Approximately I 1 I square foot of floor space, Room #f102, in the Beaumont MUniCipal Airport Building (see Exhibit A). 3. TERM (1/01) - TO have and to hold, for the term commencing on October t. 2015 and continuingthrough September 30, 2025, inclusive, PROVIDED that adequate appropriations are available from year to year for the payment of rentals. 4. CANCI LLATION (8/02) -The GOVERNMENT may terminate this lease at any time, in whole or in part, if the Real Estate Contracting Officer (RECO) determines that a termination is in the best interest of the Government, on or after October 1, 2015 by giving at least 30 days' notice in writing to the LESSOR. No rental will accrue after the effective date of termination. Said notice will be Computed commencing With the day after the elate of mailing. 5. RENTAL (10/96) - Rent in the amount of $1,000.00 per annum, atthe rate of $250.00 per quarter will be payable to the LESSOR in arrears and will be due on the first workday of each quarter, without the submission of invoices or vouchers, subject to available appropriations. Rent will be considered paid on the date a check is dated or an electronic bunds transfer i made. Rent fora period of less than 30 days will be prorated. Checks will be made payable to: City of Beaumont, P.O. Box 3827, Beaumom, TX 77704. 6. SI RVICI:I'S ,AND UTI TI1:;S (7'o be provided by LI'SSOR as part of rent.) (10/08) Services supplied to technical equipment will be supplied 24 hours a day, and seven days a week. 2.6.2 Antenna and Racy Space 'T'emplate IZcvj,,e.d April 2013 C NIH Control \Nig. 2120-05415 EXHIBIT "A" Lease No. I)TFACN-I5-1_.-00121 (BMJ')Space f3cammilt, 1 exas The GOVERNMENT will have access to the leased premises at all times, includim, the use of electrical sel,vices without additional payment. -1 LlXITRiCI"1 Y -SNOW REMOVAL. -GROUND Mt\INTF'NANC'll 7. GENERAL CLAUSES: a. DAMAGE BY FIRE OR OTHER CASUALTY (10/96) lfthe building or structure 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 premises is untenantable as determined by the GOVERNM'ENI', the GOVERNMI"NT may terminate the lease; in whole or in part, immediately by giving written notice to the LESSOI'. and no further rental will be due. h. MAINTF..NANC E OF TIII_: i)i MISI S (10/96) -The LESSOR will maintain the demised premises, including the grounds, all equipment, alld fixtures, apptu,tcalances furnished by the LESSOR lender this lease, in good repair. c. 1 AILURF. IN PERFORMANCE (10/06) - In the event the LESSOR fails to perform any service, to provide any iteral, 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, inciudin; administrative costs, frons the rental payments. No dedUctlOn Ofrent pUMMIlt to this clause will constitute default by the GOVERNMENT oil this lease. d. ELECTRICAL SAFETY (4/12) -The Lessor shall ensure electrical safety requirements are niet, including grounding-, bonding, shielding, control of electrostatic discharge (I"SD), and lightning protection requirements. in accordance with: 1. 29 CFR 1910, Subpart S, Electrical 2, FAA Standard HF -S'I'D -001, Item on Fuctnrs Design ,S'famfard, Chapter 12.4, £;lectrical Hazards -3. DOT Specification I=AA -G-210011, F.IeC11'017iCT-quilmmen1, General Requirements 4. National Dire Protection Association (NFI'A) 70, Milional Electricul (.ode 5. NEPA 70E, T,lectriccrl Srrfcl} h7 Me 11orkl)1ace 6. American National Standards Institute/Institute of Electrical and Electronics Engineers (ANSI/I1.;1;E) Standard 1100-2005, I�ecnn7n7cended P:active f�r7 Poivering aml Grounding Electrical Equilm7ent 7, D(_)T Standard FAA -STD -0 Lightning ancl.S'urge Proleclion, Grounding, Bowling, cm(.19delding Rey idrecmems j0' r• Fuc•ilities card Equilmiew All hazards associated vith electrical CgUil)]11ent shall be marked with labels indicating the hazard, in accordance with FAA -Ci -2 Chapter 1.3.5.5, tticnlcir�,s; Signs, Tags cruel ,SI• m boll. 2.6.2 .-Antenna and Rack gpalce'-'emplate RC1-'iscd /\13ri1 201 i OM Crriuol No.. 120-0595 l.,cttse No. DTFACN-15-1,-001`'1 (13K]") Space Beaumont, Texas The lessor shill ensure that personnel are protected from are dash hazards, in accordance vvith NFIIA 70Y,, E'leeiricol gfefy in the I!'orlq)ltrce anal that are -flash warni.ng1 labels are posted on affected panels. with warning labels meeting the requirements of American National Standard's Institute (ANSI) 1i3. Series ru.ld Tugs. e. CON'T'RACT DTSPt.1"I'FS (11/03) All contract disputes and arisi110 under or related to this lease contract will be resolved through the Federal Aviation Administration (FAA) dispute resolution system at the Office of Dispute Resolution for Acquisition (ODRA) and will be governed by the procedures set orth in 14 CER, Parts 14 and 17, which are hereby incorporated by reference, Judicial review, where available, will be in accordance ,,vith 49 U.S.C. 46110 and will aPply only to final agency decisions. A 1.,ESSOR. may seek review of a final FAA decision only after Its administrative remedies have been exhausted. All Contract Disputes will be in writing and will be filed at the following address: Office of Dispute Resolution for Acquisition, AGC -70, Federal Aviation Administration. 800 Independence Ave., SW, Roon1 323, Washington, DC 2059I Telephone: (202) 267-3290, Facsimile: (202) 267-3720 A contract dispute against the FAA will be filed with the ODRA within two (2) years of the accrual of the lease; contract claim involved. A contract dispute is considered to be riled oil the date it is received by the ODRA. The ffull. text of the Contract Disputes clause is incorporated by reference. Upon request the full text will be provided by the RECO. If. PROTEST (11/03) Protests concerning; Federal Aviation Administration Screening Inforrzlation Requests (SIRS) or awards of lease contracts will be resolved through the Federal Aviation Administration (FAA) dispute resolution system at the Office of Dispute Resolution for Acquisition (01 --)RA) sand will be governed by the procedures set forth in 14 C.F.R. Parts l4 and 17, which are hereby incorporated by reference. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and will apply only to final agency decisions. A protestor may seek review of a final FAA decision only after its administrative. remedies have been exhausted. Offerors initially will attempt to resolve any issues concerning; pote itial protests with the. RY"C:O. 2.6,2 .Antenna and Rack. Space 'Template Devised April 201 0,1913 l..case No. D`I- AC'N-15-1.-001? 1 (I3iv1T) Space I�Ciitlm011t, 1 L'xaS Protests will be in writing and will be filed at: Offtce ol'Dispute resolution for Acquisition. AGC -70. Federal Aviation Administration, 800 Independence Ave., S\V. Room 323, Washington, DC 20591, 'telephone: (202) 267-3290; or facsimile: (202) 267-3720 At the; same: tin -teas filing the protest with the ODRA, the protestor will sme a cop).of the protest on the RECO. A protest is considered to be tiled on the elate it is received by th.e ODRA and will be filed: (1) Not later than seven (7) business days after the date the protester knew or should have known of the f;rounds for the protest; or (2) .if the protester has requested a post -award debriefing from the RECO, not later than five (5) business days after the date on which the RISCO holds that debriefing. The full teat of the Contract Protest clause is incorporated by reference. Upon request the hill text will be provided by the R CO. g.INTERFE'RENCE (10/08) Should interference with the lessor's facility due to the FAA operations, FAA shall correct the problem immediately. If the lessor's facility interferes with IAA's equipment then the lessor will correct the problem immediately. h. COORDINATION (10/08) The IAA will. receive permission from the lessor prior to installing any new equipment at the site. i. NOTICES (10/96) All notices/correspondence shall be: in writing, reference the Agreement number, and be addressed as follows: LESSOR: CITY OI= BE'ACiMONiT, TEXAS P.O. Box 3827 I3eaurnont, "texas 77704 GO'V1EI2NMENT: FEDF'RAL AVIATION ADMININSTRATION ATTN: RE -'AI.: 1. STATE & UTILI7'1I:iS (3ROUP, ALO 720 2601. Meacham Blvd. Fort Worth, 'Texas 76137 2.6.2 Antenna and Rack Spacc Template IZcvlsed !lpril 2013 (.1M 13 Control No_ 2 1 -)O -M9 Lease No. DTFAC'N-15-1.-00121 (13M'l) Space Beaumont, Texas J . 'Fhe following clauses are incorporated by reference; The full text of these clauses can be fiound in Standard Space Lease I"orm via the Internet at htt"la.im -ANTI-KICKBACK (10/90) -ASSIGNMENT OF CI.,AIMS (10/96) -CERTIFICATION 0FREGISTRATION IN SAM - REAL. PROPERTY (1/13) -COMPLIANC I WITH APPLICABLE LAWS (10/96) -CON'FRACTOR IDE'NTIFICATION NUMBER -"DATA UNWE'RSAL NUMBERING SYSTEM" (DUNS) NUMBER (1/] 3) -COVENANT AGAINST CONTINGENT FEES (8/02) -DEFAULT BY LESSOR (10/96) -EXAMINATION OF RECORDS (8/02) -INSPECTION (10/96) -LESSOR'S SUCCI SSOR (10/96) -NO WAIVER (10/96) -OFFICIALS NO`I"f O BE:NI F IT (] 0/96) -PAYMENT BY f:'LECT'RONIC FUNllS TRANSFI R (1/]3) -SUBORDINA'T'ION, NONDISTURBANCE -'AND A`ITORNMEN'T' (9/99) -SYSTFM FOR AWARD MAN A(.rl'sMI,,N'I' - REAL, PROPFIRTY (1/.13) 2.6.2 Antenna and Reel( Spacc "Teanplatc Rcvised April 2013 (:)NIR Control No, ' 120-0595 P..5 lxoxcNo.Dl]/\(]N'|-S-L'0OlZl (13K4T)8nuoe @caumooL]exux IN, WITNESS WI IERI-,1'01,'the partles hereto have siped their names: a vpe 01, 111 -int) STATES OF AMERICA UNLESS SIGNED BEl..0W BY AUTHORIZED 'CONTRACTING OH'ICER. .9a. NAM17,'OF NA' URE OF REAL 19c. DATE CONTRAC17ING OFFICER �,ESTA'nl' CONTRACTING l0/46) %.6.2Antenna and Buck6paccTemy}utu RcviscdApril 20|1 oNMBOmuo|\No,2|20-0�'95 PUBLIC AUTHORIZA'T'ION CERTIFICATE lfagretal2enf is made with a State. Countv, Municipality, or other public authority, the following certificate shall be executed by Wui autl)Orired official: certify that I am the _ of the City of Beaumont, Municipality of 'I"exas named in the foregoing agreement; and that who signed said agreement on behalf of the Beaumont, Texas was of said Beaumont, Texas; that said agreemejit wEIS duly sicnCd for and on behall'of'13eatumont. "I"exas by authority of its governing body. and is within the scope of its powers. Signed 2.6.1.2 Certificate of Authorization Rovised Julv"'2U12 (M,11.3 Contro? No. 21::'.0-0 95 tat t. UM iry a 9C 4 'oil tat UM iry a 9C 'oil