HomeMy WebLinkAboutContract 29118 CITY �z7CRFTARYal'I �7ORIGINAI
U.S. GOVERNMENT LEASE FOR REAL PROPERTY 1. LEASE NUMBER
(Short Form) 543
PART I - SOLICITATION/DESCRIPTION OF REQUIREMENTS(To be completed by Government)
A. REQUIREMENTS
The Government of the United States of America is seeking to lease tower space at the 400 foot level to mount a DB-264 or
similar type vertical antenna with heliax cable and approximately 10 square feet of space in an existing equipment room for
placing a VHF-FM radio repeater including a duplexer and telephone control line in, Fort Worth, TX for occupancy not later
than October 1, 2003.
B. STANDARD CONDITIONS AND REQUIREME[NT,S
The following standard conditions and requirements shall apply to any premises offered for lease to the UNITED STATES OF AMERICA (hereinafter
called the GOVERNMENT):
The Lessor shall provide a valid Occupancy Permit for the intended use of the Government and shall maintain and operate the building in
conformance with all applicable current(as of the date of this solicitation)codes and ordinances.
The leased space shall be free of all asbestos containing materials, except undamaged asbestos flooring in the space or undamaged boiler or pipe
insulation outside the space, in which case an asbestos management program conforming to Environmental Protection Agency guidance shall be
implemented.The space shall be free of other hazardous materials according to applicable Federal,State, and local environmental regulations.
The Government shall have access to the leased space at all times, including the access and use of electrical and telephone services without
additional payment.
Utilities will be provided as noted below.
2. SERVICES AND UTILITIES(To be provided by Lessor as part of rent)
n❑f HEAT ❑ TRASH REMOVAL ❑ ELEVATOR SERVICE C] INITIAL&REPLACEMENT C] OTHER
iy ELECTRICITY ❑ CHILLED DRINKING WATER ❑ WINDOW WASHING LAMPS,TUBES&BALLASTS (Specify below)
❑ POWER(Special Equip.) ❑ AIR CONDITIONING Frequency ❑ PAINTING FREQUENCY
❑ WATER(Hot&Cold) ❑ TOILET SUPPLIES ❑ CARPET CLEANING Space
❑ SNOW REMOVAL ❑ JANITORIAL SERV.&SUPP. Frequency Public Areas
3. OTHER REQUIREMENTS
• The Government and Telco shall have direct access to the premises at all times.
• As provided by the Federal Tort Claims Act(28 USC 2671,et.seq.),the Government is responsible for damage caused by a negligent act or
omission on the part of any Federal employee or agent acting within the scope of his/her employment.
• Automatic quarterly payments shall be made by the U.S.Customs Financial Management Center to the address shown in Part II/C,page 2 of this
lease agreement.
• Rent payments shall be processed by the Government for payment on the first day of the month following the quarter for which rent is due.
• In accordance with 31 U.S.C. 9 1341,41 U.S.C. 11 and federal law,Government liability under this lease and every Article herein is contingent upon
the availability of appropriated funds from which payment for contract purposes can be made. Nothing in this lease may be considered as implying
that Congress will at a later date appropriate funds sufficient to meet deficiencies.
• Nothing herein shall require the Government to perform any act or to not act, i.e., an omission, in a manner,. ..would ition of
law or federal fiscal policy. Lessor further acknowledges that no Customs officer has the authority in law or ability in facFto wave certain
government rights.e.g.,rights relating to or involving sovereign immunity or rights pertaining to personal pr perty
NOTE: All offers are subject to the terms and conditions outlined above, and elsewhere in this solicitation, ffibludiino lhi G-ovefnment's
General Clauses and Representations and Certifications.
4. BASIS OF AWARD
❑ THE ACCEPTABLE OFFER WITH THE LOWEST PRICE PER SQUARE FOOT,ACCORDING TO THE ANSIBOMA Z65.1-1996
DEFINITION FOR BOMA USABLE OFFICE AREA,WHICH MEANS"THE AREA WHERE A TENANT NORMALLY HOUSES PERSONNEL
AND/OR FURNITURE, FOR WHICH A MEASUREMENT IS TO BE COMPUTED."
❑ OFFER MOST ADVANTAGEOUS TO THE GOVERNMENT,WITH THE FOLLOWING EVALUATION FACTORS BEING ❑
SIGNIFICANTLY MORE IMPORTANT THAN PRICE
(]APPROXIMATELY EQUAL TO PRICE []SIGNIFICANTLY LESS IMPORTANT THAN PRICE (Listed in descending order,unless
stated otherwise):
0 Radio coverage/Location
GENERAL SERVICES ADMINISTRATION GSA Form 3626(Rev. 10-96)
Page 1 of 2 Prescribed by APD 2800.12A
PART II - OFFER(To be completed by Offeror/Owner)
A. LOCATION AND DESCRIPTION OF PREMISES OFFERED FOR LEASE BY GOVERNME !"li 7..1 ►:vvt Ik^
5. NAME AND ADDRESS OF BUILDING(Include ZIP Code) 6. LOCATION(S)IN BUILD 4G
929 Congress St Levee a. FLOOR(S) b. RO
Fort Worth
TX N/A N/A
LAT. 32 Deg 45 Min 37 Sec N. c. RENTABLE SQ.FT. d. TYPE
LON: 097 Deg 20 Min 31 Sec W. Approx 10 sq. ft ❑ GENERAL OFFICE Q OTHER(Specify)
plus tower space. ❑ WAREHOUSE Communications Site
B.TERM
To have and to hold,for the term comrw5D4 on October 1, 2003 and continuing tpr u eptember 30,2008 inclusive. This lease will be further
C"Ve t) TFrM
automatically extended for tgs�p-�3j sepa a and successive five (5) year terms unl ss the Lessee notifies the Lessor in writing at least 60 days in
advance of the renewal date. In addition,the Government may terminate this lease at any time after the expiration of the initial term (October 1,2003
through September 30,2004), by giving at least 60 days notice in writing to the LessorL. No rental shall accrue after the effective date gf termination.
..e-L2s1of- rtA Y 7r01s C—A-L47 AT-^,V"
Said notice shall be computed commencing with the day after the date of mailing. T k4fi, av,,Vr v v +r CG.1sr DAYS Ak rr�d •H.wt lnwt.
To -rme-LI sSEZ
C.RENTAL
Rent shall be payable in arrears and will be due on the first workday of the month immediately following the quarter for which the rent is due and
payable. When the date for commencement of the lease falls after the 15th day of the month, the initial rental payment shall be due on the first
workday of the second month following the commencement date. Rent for a period of less than a month shall be prorated. Lessor may seek relief by
requesting a review of rent and submitting proposed appropriate rental increases no later than 90 days prior to the expiration of the rental term then in
effect.
7. AMOUNT OF ANNUAL RENT 9. MAKE CHECKS PAYABLE TO(Name and address)
Ci of Eckmoo
rt Worth
12.00 �� l u�in
100 Tn itreet
Fort Worth,TX 76102-
B. RATE PER year
$ 12.00
10a. NAME AND ADDRESS OF OWNER(Include ZIP code. If requested by the Government and the owner is a partnership or joint venture,list all General Partners,using a separate sheet,if
necessary.)
City of Fort Worth
1000 Throckmorton Street
Fort Worth,TX 76102-
10b. TELEPHONE NUMBER OF OWNER 11. TYPE OF INTEREST IN PROPERTY OF PERSON SIGNING
817-392-7889 ❑ OWNER ❑ AUTHORIZED AGENT ❑ OTHER(Specify)
12. NAME OF OWNER OR AUTHORIZED AGENT 13. TITLE OF PERSON SIGNING
Mr. Peter Ungar
14. SIG ATURE OF OWN AUTHOR A NT 15. DATE 16. OFFER REMAINS OPEN UNTIL 4:30 P.M,
c-A (Date)
PART III - AWAR D(To be completed by Government)
Your offer is hereby accepted. This award consummates the lease which consists of the following documents: (a) this GSA Form 3626,
(b)Representations and Certifications, (c)the Government's General Clauses, and(d)the following changes or additions made or agreed to by you:
THIS DOCUMENT IS NOT BINDING ON THE GOVERNMENT OF THE UNITED STATES OF AMERICA UNLESS SIGNED BELOW BY
AUTHORIZED CONTRACTING OFFICER.
17s. NAME OF CONTRACTING OFFICER(Type or Print) 17b. SIGNATURE OF CONTRACTING OFFICER 17c, DATE
Larry E.Walker,CONTRACTING
O F FIC ERIT-CS-144
GENERAL SERVICES ADMINISTRATION ArltLFY: �I ATESED ID 6 Form 3626(Rev.10-96)
Page 2 of 2 C - - _ D Prescribed by APD 2800.12A
A Date i L M qs
ORIGINAL
GENERAL CLAUSES
(Simplified Leases)
(Acquisition of Leasehold Interests in Real Property for Leases Up to $100,000 Net Annual Rent)
1. 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.
2. If the building is partially or totally destroyed or damaged by fire or other casualty so that the leased
space is untenantable as determined by the Govemment, the Govemment may terminate the lease
upon 15 calendar days written notice to the Lessor and no further rental will be due.
3. The Lessor shall maintain the demised premises, including the building, building systems, and all
equipment, fixtures, and appurtenances furnished by the Lessor under this lease, in good repair and
tenantable condition. Upon request of the Contracting Officer, the Lessor shall provide written
documentation that building systems have been maintained, tested, and are operational.
4, 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.
5. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (VARIATION) (FEB 1998)
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 the full text available or
the full text may be found on the Internet as GSA Form 3517A (Full Text) at
http:ffwww.gsa.gov/pbs/pe/standcla/standcla.htm
6. The following clauses are incorporated by reference:
GSAR 552-203-5 COVENANT AGAINST CONTINGENT FEES (FEB 1990)
FAR 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)
GSAR 552.232-75 PROMPT PAYMENT (SEP 1999)
GSAR 552.232-76 ELECTRONIC FUNDS TRANSFER PAYMENT (SEP 1999) (Variation)
FAR 52.233-1 DISPUTES (DEC 1998)
FAR 52.232-18 AVAILABILITY OF FUNDS (APR 1984)
GSAR 552.270-26 NO WAIVER (SEP1999)
GSAR 552.270-11 SUCCESSORS BOUND (SEP 1999)
GSAR 552.270-23 SUBORDINATION, NONDISTURBANCE AND ATTORNMENT (SEP 1999)
The information collection requirements contained in this solicitation/contract, that are not required by
regulation, have been approved by the Office of Management and Budget pursuant to the Paperwork
Reduction Act and assigned the OMB Control No. 3090-0163.
INITIALS: $
LE SOR GOVERNMENT GSA FORM 3517A PAGE 1 (REV 9199)
�iC4
ORIGINAL
REPRESENTATIONS AND CERTIFICATIONS (Short Form) Solicitation Number Dated
(Simplified Acquisition of Leasehold Interests in Real Property for
Leases Up to $100,000 Annual Rent)
Complete appropriate boxes, sign the form, and attach to offer.
The Offeror makes the following Representations and Certifications. NOTE: The "Offeror,"as used on this form, is the owner of the
property offered, not an individual or agent representing the owner.
1. SMALL BUSINESS REPRESENTATION (JAN 1997)
(a) It [ ] is, ] is not a small business. "Small' means a concern, including its affiliates, that is independently owned and
operated, is not dominant in the field of operation, and has average annual gross revenues of$15 million or less for the
preceding three fiscal years
(b) It[ ] is, [ ]is not a small disadvantaged business. (See 48 CFR 52.219-1 for definitions.)
(c) It[ ] is, ( ]is not a women-owned small business. (See 48 CFR 52.219-1 for definitions.)
2. 52.222-22 - PREVIOUS CONTRACTS AND COMPLIANCE REPORTS(APR 1984)
(Applicable to leases which exceed$10,000.)
The Offeror represents that —
(a) It[ ] has, [ ]has not participated in a previous contract or subcontract subject either to the Equal Opportunity clause of
this solicitation, the clause originally contained in Section 310 of Executive Order No. 10925, or the clause contained in
Section 201 of Executive Order No. 11114;
(b) It[ ] has, [ ] has not filed all required compliance reports, and
(c) Representations indicating submission of required compliance reports, signed b proposed subcontractors, will be
obtained before subcontract awards. (Approved by OMB under Control Number 125-0072.)
3. 52.222-25 -AFFIRMATIVE ACTION COMPLIANCE(APR 1984)
(Applicable to leases which exceed$10,000.)
(Applicable to contracts which include the clause at FAR 52.222-26, Equal Opportunity.)
The Offeror represents that—
(a) It[ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment affirmative
action programs required by the rules and regulations of the Secretary of Labor(41 CFR 60-1 and 60-2), or
(b) It [ has not previously had contracts subject to the written affirmative action programs requirement of the rules and
regulations of the Secretary of Labor. (Approved by OMB under Control Number 1215-0072.)
4. 52.222-21 -CERTIFICATION OF NONSEGREGATED FACILITIES (APR 1984)
(Applicable to leases which exceed $10,000.)
(a) "Segregated facilities," as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms,
restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots,
drinking fountains, recreation or entertainment areas, transportation and housing facilities provided for employees, that
are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin
because oT habit, local custom, or otherwise
(b) By the submission of this offer, the Offeror certifies that it does not and will not maintain or provide for its employees
any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform
their services at an location under its control where segregated facilities are maintained. The Offeror agrees that a
breach of this certification is a violation of the Equal Opportunity clause in the contract.
(c) The Offeror further agrees that (except where it has obtained identical certifications from proposed subcontractors for
specific time periods) it will--
(1) Obtain identical certifications from Proposed subcontractors before the award of subcontracts under which the
subcontractor will be subject to the Equal Opportunity clause,
42) Retain the certifications in the files and
3 Forward the following notice to the proposed subcontractors (except if the proposed subcontractors have
submitted identical certifications for specific time periods).
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NONSEGREGATED
FACILITIES.
A Certification of Nonsegregated Facilities must be submitted before the award of a subcontract under which the subcontractor
will be subject to the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all
subcontracts during a period (i e , quarterly, semiannually, or annually).
INITIALS. 8
LES R �[ \ GOVERNMENT GSA FORM 3518A PAGE 1 (REV 1197)
ORIGINAL
NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
(Approved by OMB under Control Number 1215-0072 )
5 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS (APR 1991) (DEVIATION)
(Applicable to leases which exceed $100,000.)
(a) The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on Payments to Influence Certain
Federal Transactions, are hereby incorporated by reference in paragraph (b) of this certification.
(b) The offeror by signing its offer, hereby certifies to the best of his or her knowledge and belief that on or after
December�3, 1989, —
(1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress on his or her behalf in connection with the awarding of a contract
resultin from this solicitation.
(2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal
transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress on his or her behalf in connection with this solicitation, the offeror shall complete and
submit, with its offer, OMB standard form LLL, Disclosure of Lobbying Activities to the Contracting Officer; and
(3) He or she will include the language of this certification in all subcontract awards at any tier and require that all
recipients of subcontract awards in excess of$100,000 shall certify and disclose accordingly
(c) Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by
section 1352, title 31, United States Code. Any person who makes an expenditure prohibited under this provision or
who fails to file or amend the disclosure form to be Bled or amended b this provision, shall be subject to a civil penalty
of not less than $10,000, and not more than $100,000, for each such failure .
6. 52.204-3 TAXPAYER IDENTIFICATION (SEP 1989) (VARIATION)
(a) The Offeror is required to submit taxpayer identification information in order to comply with reporting requirements of
26 U.S C. 6041, 6041A, and 6050M and implementing regulations issued by the Internal Revenue Service (IRS).
Failure or refusal by the Offeror to furnish the information may result in a 20 percent reduction of payments otherwise
due under the contract. Taxpayer information on the payee, if different from the offeror, is also required, however, it
may be provided at the time of award.
(b) Offeror's Taxpayer Identification Number(TIN).
[ ]TIN: [ ]TIN has been applied for. [ ]TIN is not required.
(c) Corporate Status.
[ ]Corporation; [ ] Not a corporate entity. [ ]Sole proprietorship [ ] Partnership
(d) Common Parent.
"Common parent," as used in this solicitation provision, means that corporate entity that owns or controls an affiliated
group of corporations that files its Federal income tax returns on a consolidated basis, and of which the Offeror is a
member.
Offeror is not owned or controlled by a common parent.
Name and TIN of common parent: Name TIN
(e) Payee's Taxpayer Identification Number.
[ ]TIN: [ ]TIN has been applied for [ ]TIN is not required.
7. OFFEROR'S DUNS NUMBER (AUG 1995)(enter number, if known):
Name and Address(Including ZIP Code) Telephone Number
OFFEROR OR
AUTHORIZED ((Lessor)) «Phone»
REPRESENTATIVE
((Address»
((City», «LState» ((ZipCode»
Signature Date c\
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LES R GOVERNMENT GSA FORM 3518A PAGE 2(REV 1197)
0-v
City of Fort Worth, Texas
"elgoir And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
9/16/03 **L-13645 04LEASEUSCUSTOM 1 of 1
SUBJECT LEASE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND THE
DEPARTMENT OF THE TREASURY, U.S. CUSTOMS SERVICE
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a lease between the City of Fort Worth and the Department
of the Treasury, U.S. Customs Service (Customs Service) for the use of City radio towers for a five-
year period commencing October 1, 2003, and expiring September 30, 2008; and
2. Authorize the Customs Service to have the option to renew the lease for one additional term of five
years. through September 30, 2013.
DISCUSSION:
Since January 1991, the Customs Service has had radio communications equipment installed at City of
Fort Worth radio towers. Mayor and Council Communication C-15075, approved October 17, 1995,
formalized this arrangement and protected the City's interests and liability concerns through September
30, 2003.
The new agreement continues to protect the City's interests and liability concerns. Additionally, the City
Attorney has recommended that the U.S. Customs Service pay a nominal fee for the use of the tower
space. The City will be paid $12.00 annually for the life of-the agreement.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Revenue Division of the Finance Department will be responsible
for the collection and deposit of funds due to the City under this agreement.
RZ:r
Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
P168 481306 0049000 $12.00
Richard Zavala(Acting) 6183
Originating Department Head:
Peter Ungar(Acting) 8207 (from) APPROVED 09/16/03
Additional Information Contact:
Peter Ungar(Acting) 8207