HomeMy Public PortalAboutORD13927 BILL NO. 2005-56
SPONSORED BY COUNCILMAN Schnitzler
ORDINANCE NO. 13 q ai,—(
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE FEDERAL
AVIATION ADMINISTRATION FOR THE PURPOSE OF LOCATING A FLIGHT DATA
INPUT/OUTPUT CENTER IN THE AIR TRAFFIC CONTROL TOWER AT THE
JEFFERSON CITY MEMORIAL AIRPORT
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section . The Mayorand City Clerk are hereby authorized and directed to execute
an agreement between the City of Jefferson and the Federal Avlation Administration for
the purpose of locating equipment in the air traffic control tower to be used In air traffic
control services.
Section 2. The agreement shall be substantially the same in form and content as
• that agreement attached hereto as Exhibit A.
Section 3. This Ordinance shall be In full force and effect from and after the date
of Its passage and approval.
Passed%ae Approved:, ZUa S�
Pr d g Officer or
A EST: APPR DA FORM:
ACltyerk City Counselor
STANDARD FORM L E A S E
S DEPT OF TRANS U. S. Government Date. No.
L AVIATION ADMN Lease for Real Property (Short Form) DTFACE•06•L•00003
NOV 3 2105
The LESSOR leases to the UNITED STATES OF AMERICA, hereinafter called the GOVERNMENT, the described
premises on the terms stated herein, Including the GENERAL CONDITIONS attached hereto.
1. LOCATION OF LEASED PREMISES: Memorial Airport, 500 Airport Road, Jefferson City, MO 65101
2. DESCRIPTION OF LEASED PREMISES: A 10' x 10' area located behind the stairs on the 3r0 Floor of the
Air Traffic Control Tower for the operation and maintenance of a Flight Data Input/Output Center (FDIOC)
and associated telephone equipment.
3. TERM. To have and to hold:
For the term beginning October 1, 2005 through September 30, 2006. From year to year thereafter, but not
beyond September 30, 2015, this lease may be renewed from year to year and otherwise upon the terms and
conditions herein specified. The GOVERNMENT'S option shall be doomed exercised and lease renewed each year
for one (1) year unless the GOVERNMENT gives the LESSOR thirty (30) days written notice that It will not
exorcise Its option before this lease or any renewal thereof expires.
4. TERMINATION. The Government may terminate this lease in whole or in part at any time by giving at least ninety
(90) days' written notice to the Lessor. Sold notice shall be computed commencing with the day attar the date of
mailing.
5. RENTAL. The Government shall pay the Lessor no monetary consideration in the form of rental, It being 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 the facilities upon the promises hereby leased.
S AND UTILITIES (Enter "X"in box for each item to be provided by Lessor as port of/ease)
HEAT ❑ 181 AIR CONDITIONING ❑ (11) INITIAL LAMPS, TUBES, BALLASTS AND
REPLACEMENTS
Q t21 ELECTRICITY ❑ 17)ELEVATOR SERVICE
❑ (12) MECHANICAL VENTILATION
❑ (3)POWER (Spacial equipment) ❑ (8)WINDOW WASHING (Quarterly) ❑ 113) OTHER fSpecityl
❑ (A)WATER (Hot and cold) ❑ (9)TOILET SUPPLIES
❑ 18)CHILLED DRINKING WATER ❑ (10)JANITOR SERVICE AND SUPPLIES
(Frequency)
7. SPECIAL OR OTHER PROVISION(S) AGREED UPON: (See GENERAL CONDITIONS attached)
LESSOR
CITY OF JE FERSON CITY, MISSOURI
BY
(Signature) —v' (Official Title))
UNITED STATES OF AMERICA ��
BY l ;701 _Real Estato Contracting_Officer
7 R s9 Roberts
r
DTFA09.06-L-00003
GENERAL PROVISIONS
.t
0 1 MAINTENANCE OF 1'REMISPS S. FACILITIF,S NONDISCRIMINATION
.l'he Lessor shall maintain Ilia premises road property throlshed under this lease (a) As used In this section, the team "fucilily" means stores, shops,
Ili good repair and tcmnnable condition during the continuance of this lease, restnurants,careterins,rest Counts,and oily other fnclllty of n public nature In ilia
except in case of damage noising from Ilia net or ilia negligee of the building ht which the space covered 1)),this lease in located.
Government's agents or employees. For the purpose of so naintalning said
pteudses and ptopetty, Ilia IAsw. r any, at rcostinable tonnes approved by Ilia ill) 'Ilia I.cssor ngmcs that he will not discrhnbore b)' scgregnllon or
Government,enter and Inspect the same and make tiny necessary repairs thereto. othenvisc against tiny person or persons because of race,creed,color,tin national
origin in furnishing,or by refusing to Cornish.to such person or persons tits use of
2. DAMAGE It%'FIRE Olt OTIIER CASUAIAT any facility, including any and till services, privileges, accommodations, mid
activities provided thereby. Nothing herein shnll require the furnishing to the
If the said premises be destroyed by lire or other casualty, tills Icnse shill general public of the use of oily facility customarily fumishod by the Lessor
Immediately ternitnte. In case or partlni destruction or damage,so ns to render solely to tennmts, [[]air employees, customers, patients, clients, guests, and
the premises untnnnntnhla as determined by Ilia Government, the Govcmmllcnt Invitees.
may tcrminntc ilia lease by giving written notice to the IRssor u'IIIIin Miceli(IS)
days thereafter; if so Icnninmcd, no rent shall accmc to the IRssor idler such (c) It is agreed that the Lassoes IloncolmpllMce with the provisions of this
partial destruction or damage;and if not so terminated,the rent shall he reduced section shall constitute a umlerial branch of this lease. III the event of such
proportionately by supplemental agreement hereto clicetive front the date of such noncompliance, the Government cony take appropdmc nation to enforce
partial destntethxn or damage. compliance,army temdnnte this Icnse,or any plastic such lobar remedies ns nay
he provided by Inv. In the event of tenni atlon,the Lessor shall be liable far all
3. AIXERATIONS excess costs of ilia Government bl acquiring substitute space. Including but not
Mulled to the cost of moving to such space. Substitute space shall be obtained to
'Ilia Ouvcruncnt any make alterallons, alu ch fixtures or signs, and erect as close proximity to the IRssor's building as is feasible and moving costs will be
structures In or upon file leased premises.Jill nl'uhich shall be the properly orthe limited to the actual expenses tiiarcof as Incurred.
Government.
(d) It is further agreed Ilut from and alter ilia date hereof the Lessor will,at
J. OFFICIA IS NOT TO BENEFIT such limo its tiny agreement Is to be entered Into or it concession is to be permitted
ro operate. Include or require the inclusion of 111e foregoing provision of this
No Member of art Dclegote to Congress,or Iteside t Commissioner,sbJill be section In every such agreement or concession pursuant to which oily person
admitted to tiny share or port ill*this lease contract, or to oily benefit Clint nay other than ilia Lessor operates or hots ilia right to operate tiny facility. Nothing
arise therefrom;but this provision shall not be construed to extend art this lease herein contained, houcver,shall be deemed to require Ilia Lessor to Include or
contract if made with a corporation liar Its general he iclit. require ilia Inclusion of ilia foregoing provisions or ILis section In any existing
agreement or concession nornngenenl or one In which the contracting puny other
AI'I'LICAULF.CODUS AND ORDINANCES than Ilia Lessor [Jns the unilateral right to renew tin extend Ilia agreement or
arrangement until Ilia expiration of the existing mgrsememt or arrangement and ilia
Inc t.essor.as prom of the rental consideration,agrees Co comply with all codes unilateral right to renew or extend. 'file Lessor also agrees Chat it will take ally
rind ordinn imn applicable to the oencrshlp and operation of the building In and all bovlid actions as expeditiously as possible, wish respect to ally such
which the lensed space Is situated and,tit his ern expense,to obiahn all necessary ogrcemcm as ilia contracting agency rally direct, as it means of edorcing the
permits and related items. intent or this section,including,hat not linilted to,Icrnlinntlon orthc agreement
or concession and institution ol'emm action.
6. LESSOR'S SUMESSORS
9. ESAMINKf ION OF RECORDS
'Ilia tens mid provisions of this lease and ilia conditions herein shall bind Ilia
I.essor,and ilia Ixssues successors and assigns. (NOfli: 'Ills provishm Is opplicabto If this lease was negotiated ollhout
advertising.)
7. (YWIiNAN'I'A(iAINS'1'C(LN'I'INGEN'I'FEES
n. llne Lessor agrees Chat Ilia Cmnptroller Gencr l of the United States or a y
'llia IRssor Ilnrraits thin no person lit setting agency has been employed tit ill'his duly mahnrind representatives shall,unill the expiration of 3)ears niter
retained Co solicit of secure this lease upon nun agreement or understanding Air n final payment under this leap have access to and the right to examine tiny
commission, percentage. brokerage, or contingent Ica, excepting bona title directly pertinent books,documents,papers,and records orthe IRssor involving
employes or Iona tide established commercial or selling agencies maintained by transactions related In this lease.
the IRssor for tine purpose of securing business. For breach or violation of this
mortally the Govemntcut shall have ilia right to maul this Iease without Ilabillty h. 'ilia Lessor Am11er ngtecs to Include In till his subcimiracts hereunder n
or In Its discretion to deduct Ciom the rental price or consideration,or otherwise provision to the ell'ect Clint the subcontractor agrees than ilia Comptroller
recover,the fill amount ofsuch commission,percentage,brokerage or contingent General of ilia United Sates or his representatives shall, until time
Ilea. (Licensed real estate agents orbrokcis lowing listings cut property Car real,Ili expiration of 3 years after final payment under this [case with Cho
accordance with general [Justness practice, and who hove not obtained such Gommoctnl, hero access to and ilia right tit exanhtc tiny directly
licenses Inn Ilia sole paposc of enacting tills levee,only be considered as boil vcnlneal books,"caaucals,papers,mull ractuds of such sulmmrncwu
tide ennplopces or agencies within the exception contained ht this clause.) Involving trrlsnetions related to the subcontmrt.
11). 1NSI'RIIMIONS
11'henem tine lease Is executed by an attorney, agent, tin other person, or
corporation on Iachalfortlne IRssor,the name ot'tha IRssor shall appear nbnve the
signalurc ol'IIIc person signing.
•
RONLSOta.DOC
' DTFACE-06-L-00003
.1
•' MUNICIPALITY CERTIFICATE
(To be executed by the City Clerk)
I, el (name), certify that I am the City Clerk of municipality named In the
subject U.S.Government Lease For Real Property(Short Form), that J D� L}9L •1
(name), who signed said lease on behalf of the municipality was then (title)
of said municipality, that said lease was duly signed for and on behalf of said municipality by authority of
Its governing body, and Is within the scope of Its municipal powers.
City Clerk(Signature)
Date
SEAL
•
•
AKOMNT03.DOC
FTA CLAUSES
Federal Funds To be Used
The City of Jefferson is a recipient of Federal Transit Administration funds; therefore, the following
requirements shall be fully considered in preparing bids and performing work under any resulting award.
No Obligation by the Federal Government.
(1)The Purchaser and Contractor acknowledge and agree that,notwithstanding any concurrence by the Federal
Government in or approval of the solicitation or award of the underlying contract, absent the express written
consent by the Federal Government, the Federal Government is not a party to this contract and shall not be
subject to any obligations or liabilities to the Purchaser,Contractor,or any other party(whether or not a party
to that contract) pertaining to any matter resulting from the underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with
Federal assistance provided by FTA. it is furtheragreed that the clause shall not be modified,except to identify
the subcontractor who will be subject to its provisions.
• Program Fraud and False or Fraudulent Statements or Related Acts.
(1)The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as
amended, 31 U.S.C. § 3801 et sc�c , and U.S. DOT regulations, "Program Fraud Civil Remedies,"49 C.F.R.
Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the
Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may
make,or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this
contract work is being performed. In addition to other penalties that may be applicable,the Contractor further
acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement,
submission,or certification,the Federal Government reserves the right to impose the penalties of the Program
Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.
(2)The Contractor also acknowledges that if it makes,or causes to be made,a false, fictitious, or fraudulent
claim, statement, submission, or certification to the Federal Government under a contract connected with a
project that is financed in whole or in part with Federal assistance originally awarded by FTA under the
authority of 49 U.S.C. § 5307,the Government reserves the right to impose the penalties of 18 U.S.C. § 1001
and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.
(3)The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part
with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified,except to
identify the subcontractor who will be subject to the provisions.
• Access to Records
The following access to records requirements apply to this Contract:
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I. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantce of the
FTA Recipient in accordance with 49 C. F. R. 18.36(1), the Contractor agrees to provide the Purchaser, the
FTA Administrator, the Comptroller General of the United States or any of their authorized representatives
access to any books, documents, papers and records of the Contractor which are directly pertinent to this
contract for the purposes of making audits,examinations,excerpts and transcriptions. Contractor also agrees,
pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representatives including
any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project,
defined at 49 U.S.C.5302(a)I,which is receiving federal financial assistance through the programs described
at 49 U.S.C. 5307, 5309 or 5311.
2.Where the Purchaser is a State and is the FTA Recipient or a subgrantce of the FTA Recipient in accordance
with 49 C.F.R. 633.17,Contractor agrees to provide the Purchaser,the FTA Administrator or his authorized
representatives, including any PMO Contractor, access to the Contractor's records and construction sites
pertaining to a major capital project, defined at 49 U.S.C. 5302(a)l, which is receiving federal financial
assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital
project excludes contracts of less than the simplified acquisition threshold currently set at $100,000.
3.Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified
acquisition threshold and is an institution of higher education,a hospital or other non-profit organization and
is the FTA Recipient or a subgrantce of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor
agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of
their duly authorized representatives with access to anybooks,documents,papers and record of the Contractor
which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and
• transcriptions.
4.Where any Purchaser which is the FTA Recipient or a subgrantce of the FTA Recipient in accordance with
49 U.S.C. 5325(x)enters into a contract for a capital project or improvement(defined at 49 U.S.C. 5302(a)l)
through other than competitive bidding,the Contractor shall make available records related to the contract to
the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or
employee of any of them for the purposes of conducting an audit and inspection.
5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to
copy excerpts and transcriptions as reasonably needed.
6.The Contractor agrees to maintain all books,records, accounts and reports required under this contract for
a period of not less than three years aficr the date of termination or expiration of this contract, except in the
event of litigation or settlement of claims arising from the performance of this contract, in which case
Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General,or
any oftheirduly authorized representatives,have disposed of all such litigation,appeals,claims orexceptions
related thereto. Reference 49 CFR 18.39(1)(11).
7. FTA does not require the inclusion of these requirements in subcontracts.
Federal Changes
The contractor shall at all times comply with all applicable FTA regulations, policies, procedures and
directives, including without limitation those listed directly or by reference in the Agreement (Form FTA
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MA(10)dated October,2003)between Purchaser and PTA,as they maybe amended or promulgated from time
to time during the term of this contract.Contractor's failure to so comply shall constitute a material breach of
• this contract.
Civil Rights
The following requirements apply to the underlying contract:
(I)Nondiscrimination -In accordance with Title VI of the Civil Rights Act,as amended,42 U.S.C. §2000d,
section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the
Americans with Disabilities Act of 1990,42 U.S.C. § 12132,and Federal transit law at 49 U.S.C. §5332,the
Contractor agrees that it will not discriminate against any employee or applicant for employment because of
race, color, creed, national origin, sex, age, or disability. in addition, the Contractor agrees to comply with
applicable Federal implementing regulations and other implementing requirements FTA may issue.
(2)Equal Employment Opportunity-The following equal employment opportunity requirements apply to the
underlying contract:
(a)Race. Color, Creed, National Origin,n. Sex - In accordance with Title VIi of the Civil Rights Act,
as amended,42 U.S.C. §2000c,and Federal transit laws at 49 U.S.C.§5332,the Contractor agrees to comply
with all applicable equal employment opportunity requirements of U.S. Department of Labor(U.S. DOL)
regulations,"Office of Federal Contract Compliance Programs,Equal Employment Opportunity,Department
of Labor," 41 C.F.R. Parts 60 ct c,gq., (which implement Executive Order No. 11246, "Equal Employment
Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to
., Equal Employment Opportunity,"42 U.S.C.§2000c note),and with any applicable Federal statutes,executive
orders,regulations,and Federal policies that mayin the future affect construction activities undertaken in the
course of the Project.The Contractor agrees to take affirmative action to ensure that applicants are employed,
and that employees arc treated during employment,without regard to their race,color, creed,national origin,
sex,or age. Such action shall include,but not be limited to,the following:employment,upgrading,demotion
or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to
comply with any implementing requirements FTA may issue.
(b) Aim - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as
amended,29 U.S.C. § §623 and Federal transit law at 49 U.S.C. §5332,the Contractor agrees to refrain from
discrimination against present and prospective employees for reason of age. In addition,the Contractor agrees
to comply with any implementing requirements FTA may issue.
(c)Disabilities- In accordance with section 102 of the Americans with Disabilities Act,as amended,
42 U.S.C.§ 12112,the Contractor agrees that it will comply with the requirements of U.S. Equal Employment
Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans
with Disabilities Act,"29 C.F.R.Part 1630,pertainingto employment of persons with disabilities. In addition,
the Contractor agrees to comply with any implementing requirements FTA may issue.
(3)The Contractor also agrees to include these requirements in each subcontract financed in whole or in part
• with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.
1
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Incorporation of PTA Terms
• The Recipient and contractor certify that terms in FTA C 4220.1E which replaces FTA C4220.11) will be
incorporated into contracts and sub-contracts.
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