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Home My WebLink AboutContract 41640 CITY SECRETARY CONTRACT NO._ �- U.S.DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION EQUIPMENT SPACE LEASE FOR REAL PROPERTY Lease No: DTFACN-II-L-00106 (FWS) RACD Fort Worth Spinks Airport Burleson, Texas 1. THIS LEASE (9/98), entered into by and between CITY OF FORT WORTH, TEXAS 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 OR FAA: WITNESSETH: The Parties hereto, and for the consideration hereinafter mentioned, covenant and agree as follows: 2. DESCRIPTION(10/96) - The LESSOR hereby leases to the GOVERNMENT the following described premises: Rack Space situated on the second floor of equipment room located at the ATCT for the Remote Arts Color Display(RACD). Said equipment shall be related to FAA's activities in support of Air Traffic operations. 3. TERM (1/01) - To have and to hold, for the term commencing on January 1, 2011 and continuing through September 30, 2021, inclusive, PROVIDED that adequate appropriations are available from year to year for the payment of rentals. 4. CANCELLATION (8-02) -The GOVERNMENT may terminate this lease at any time, in whole or in part, if the Real Estate Contracting Officer(RECD) determines that a termination is in the best interest of the Government,by giving at least thirty(30) days' notice in writing to the LESSOR. 5. CONSIDERATION (AUG-02): The GOVERMENT shall pay the Lessor no monetary consideration in the form of rental, it being mutually agreed that the rights extended to the Government herein are in consideration of the obligations assumed by the Government in its establishment, operation and maintenance of facilities upon the premises hereby leased. 6. SERVICES AND UTILITIES (10/08) Services supplied to technical equipment will be supplied 24 hours a day, and seven days a week. The GOVERNMENT will have access to the leased premises at all times, including the use of electrical services without additional payment. -ELECTRICITY 7. GENERAL CLAUSES: a. DAMAGE BY FIRE OR OTHER CASUALTY (10/96) - If the 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 2.6.2 Antenna and Rack Space Template Revised April 2010 jFY tlra OMB Control No. 2120-0595 i Lease No: DTFACN-II-L-00106 (FWS) RACD Fort Worth Spinks Airport Burleson, Texas determined by the GOVERNMENT, the GOVERNMENT may terminate the lease, in whole or in part, immediately by giving written notice to the LESSOR. b. MAINTENANCE OF THE PREMISES (10/96) - The LESSOR will maintain the demised premises, including the grounds, all equipment, and fixtures, appurtenances furnished by the LESSOR under this lease, in good repair. c. FAILURE IN PERFORMANCE (10/96) - 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 will constitute default by the GOVERNMENT on this lease. d. CONTRACT DISPUTES (11/03) All contract disputes and arising 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 forth in 14 C.F.R. Parts 14 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 LESSOR 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, Room 323, Washington, DC 20591 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 filed on the date it is received by the ODRA. The full text of the Contract Disputes clause is incorporated by reference. Upon request the full text will be provided by the RECO. e. PROTEST (11/03) Protests concerning Federal Aviation Administration Screening Information 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 (ODRA) and will be governed by the procedures set forth in 14 C.F.R. Parts 14 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. 2.6.2 Antenna and Rack Space Template Revised April 2010 OMB Control No. 2120-0595 Pg. 2 Lease No: DTFACN-II-L-00106 (FWS) RACD Fort Worth Spinks Airport Burleson,Texas Offerors initially will attempt to resolve any issues concerning potential protests with the RECO. Protests will be in writing and will be filed at: Office of Dispute Resolution for Acquisition, AGC-70, Federal Aviation Administration, 800 Independence Ave., SW, Room 323, Washington, DC 20591, Telephone: (202)267-3290; or Facsimile: (202) 267-3720 At the same time as filing the protest with the ODRA, the protestor will serve a copy of the protest on the RECO. A protest is considered to be filed on the date it is received by the 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 grounds 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 RECO holds that debriefing. The full text of the Contract Protest clause is incorporated by reference. Upon request the full text will be provided by the RECO. f. INTERFERENCE (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 FAA's equipment then the lessor will correct the problem immediately. g. COORDINATION (10/08) The FAA will receive permission from the lessor prior to installing any new equipment at the site. h. NON-RESTORATION(OCT-96): 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 property which is the subject matter of this lease. It is further agreed that the Government may abandon in place any or all of the structures and equipment installed in or located upon said property by the Government during its tenure. Such abandoned equipment shall become the property of the Lessor. i. NOTICES (10/96) All notices/correspondence shall be in writing, reference the Agreement number, and be addressed as follows: 2.6.2 Antenna and Rack Space Template Revised April 2010 OMB Control No. 2120-0595 Pg. 3 Lease No: DTFACN-II-L-00106 (FWS) RACD Fort Worth Spinks Airport Burleson, Texas LESSOR: GOVERNMENT: CITY OF FORT WORTH, TEXAS FEDERAL AVIATION ADMININSTRATION Fort Worth Spinks Airport ATTN: REAL ESTATE BRANCH, ASW-53 13451 Wing Way, Suite 109 2601 Meacham Blvd. Burleson, Texas 76028 Fort Worth, Texas 76137 j. The following clauses are incorporated by reference: The full text of these clauses can be found in Standard Space Lease Form via the Internet at http://fast.faa.gov -DEFAULT BY LESSOR(10/96) -COMPLIANCE WITH APPLICABLE LAWS (10/96) -OFFICIALS NOT TO BENEFIT (10/96) -COVENANT AGAINST CONTINGENT FEES (8/02) -ANTI-KICKBACK(10/96) -EXAMINATION OF RECORDS (10/96) -SUBORDINATION, NONDISTURBANCE AND ATTORNMENT (10/96) -LESSOR'S SUCCESSOR(10/96) -CCR(10/06) -NO WAIVER(10/96) IN WITNESS WHEREOF, the parties hereto have signed their names: 8a. NAME AND TITLE OF 8b. SIGNATURE OF OWNER 8c. DATE LESSOR/OWNER(Type or Print) Fernando Costa Assistant City Manager (10/96) THIS DOCUMENT IS NOT BINDING ON THE GOVERNMENT OF THE UNITED STATES OF AMERICA UNLESS SIGNED BELOW BY AUTHORIZED CONTRACTING OFFICER. 9a. NAME OF REAL ESTATE 9b. SIGNATURE OF REAL 9c. DATE CONTRACTING OFFICER ESTATE CONTRACTING OFFICER / Jana C. Blanco (10/96) �4.0•oa^��,A Attested by: ,4a'O� on r a4a Marty Hendrix, ity Scoff %0 o o x d Contract Authorizatiox 00000000 A-as-ao�k Date 2.6.2 Antenna and Rack Space Template Revised April 2010 OMB Control No.2120-0595 Lease No: DTFACN-II-L-00106 (FWS) RACD Fort Worth Spinks Airport Burleson,Texas MUNICIPAL CERTIFICATE If agreement is made with a State, County, Municipality or other public authority, the following certificate shall be executed by an authorized official: (name) certify that I am the (title) of the a' L4 named in the foregoing agreement, that Fe ejaa <S bz�n� who signed said agreement on behalf of said Public authority and was then C`t4nGeC" of that Public Authority and said agreement was duly signed for and in behalf of said by authority of its governing body, and is within the scope of its powers. (Signature) 01F. 2.6.2 Antenna and Rack Space Template Revised April 2010 OMB Control No. 2120-0595 Pg. 5 Page 1 of 1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/22/2011 DATE: Tuesday, March 22, 2011 REFERENCE NO.: **C-24792 LOG NAME: 55FWS FAA RACD SUBJECT: Authorize Execution of Lease No. DTFACN-1 1-L-001 06 with the Federal Aviation Administration to Install and Operate a Remote Arts Color Display in the Air Traffic Control Tower at Fort Worth Spinks Airport (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute Lease No. DTFACN-1 1-L- 00106 with the Federal Aviation Administration to install and operate a Remote Arts Color Display in the Air Traffic Control Tower at Fort Worth Spinks Airport. DISCUSSION: On February 3, 2011, staff received a formal request from the Federal Aviation Administration (FAA)to enter into Lease No. DTFACN-1 1-L-001 06 for a Remote Arts Color Display(RACD)on the second floor of the Air Traffic Control Tower(ATCT) at Fort Worth Spinks Airport. The FAA has found need and plans to install and operate an RACD on the second floor of the ATCT. The ATCT utilizes this type of radar display to easily identify and separate aircraft with unique identifier tags as they approach the ATCT. The RACD is also utilized to display air traffic advisories and safety alerts. This will be a new addition to the air traffic control system and is in support of air traffic operations at the Airport. This term of this lease is for 10 years, commencing January 1, 2011 and continues through September 30, 2021. No revenue is collected from this lease as it is mutually beneficial for the City and the FAA due to the FAA's establishment, operation, and maintenance of the facilities. Fort Worth Spinks Airport is located in COUNCIL DISTRICT 8. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by. Fernando Costa (6122) Originating Department Head: Kent Penney (5403) Additional Information Contact: Jonnie Huitt (5409) ATTACHMENTS No attachments found. http://apps.cfwnet.org/ecouncil/pn*ntmc.asp?id=14965&print=true&DocType=Print 3/23/2011