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16095OA-71 -- 61 . �i4 • • ORDINANCE NO. 16,095 1 2 3 AN ORDINANCE DISPENSING WITH THE REQUIREMENT 4 FOR COMPETITIVE BIDDING AND AUTHORIZING THE 5 CITY MANAGER TO EXECUTE A LEASE WITH THE 6 LITTLE ROCK MUNICIPAL AIRPORT COMMISSION TO 7 PROVIDE OFFICE SPACE AT THE AIRPORT FOR THE 8 USE OF THE AIRPORT INTERDICTION UNIT OF THE 9 LITTLE ROCK POLICE DEPARTMENT; AND DECLARING 10 AN EMERGENCY. 11 12 Wes• the Board of Directors may dispense with the 13 requirement of competitive bidding in exceptional situations 14 where such procedure is not feasible; and 15 Wes• the Little Rock Police Department has a need to 16 obtain office space in the Little Rock Municipal Airport in 17 order to locate the Airport Interdiction Unit of the Organized 18 Crime and Intelligence Unit; and 19 WHEREAS, the Little Rock Municipal Airport Commission has 20 agreed to lease approximately six hundred and fifty -eight (658) 21 square feet of space to the City of Little Rock for an annual 22 rental of Seven Thousand Five Hundred Thirty -four Dollars and 23 Eight Cents ($7,534.08); and 24 WHEREAS, the Little Rock Municipal Airport has further 25 agreed to build and finish the space for an estimated cost of 26 Eight Thousand Six Hundred Ninety -eight Dollars and Thirty -eight 27 Cents ($8,698.38); and 28 WHEREAS, all funds to be used for the payment of building 29 costs and rental fees will come from the United States 30 Department of Justice Asset Forfeiture Program rather than the 31 budget of the City of Little Rock; and 32 WHEREAS, the Little Rock Police Department has a compelling 33 need to enter into the lease and have the space prepared as soon 34 as possible. 35 36 OA-71 -- 61 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 355 NOW, THEREFORE, BE IT ORDAINED BY T BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1: The City Manager is hereby authorized to execute the lease between the City of Little Rock and the Little Rock Municipal Airport Commission in substantially the form attached as Exhibit A. SECTION 2: The Board of Directors hereby finds that competitive bidding shall be dispensed with for the purpose of allowing the City Manager to execute a lease on behalf of the Little Rock Police Department for the lease of office space for the Airport Interdiction Unit of the Organized Crime and Intelligence Unit of the Police Department. Because the offices of the airport Interdiction Unit must be located in the airport terminal, it is neither feasible nor practical to subject this lease to competitive bidding. SECTION 3: The annual rent under the terms of the lease will be $7,534.08. The cost to renovate the leased space to accommodate the necessary offices, interview room and storage space will be approximately $8,698.38. The Commission has agreed to limit the cost to the City to actual costs of construction. Both rent and construction costs will be paid from the United States Department of Justice Asset Forfeiture Program and, therefore, do not require an appropriation. SECTION 4: Declaring an Emergency. It is hereby found and declared that the Little Rock Police Department needs to enter into the lease with the Little Rock Municipal Airport Commission for office space for the Airport Interdiction Unit. Therefore, an emergency is declared to exist, and this ordinance is necessary to protect the public health, safety, and welfare and shall be in full force and effect from and after its passage and approval. o- s�- A'I d 356 1 PASSED: September 3, 1991 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 ATTEST: Robbie HancocK, City Clerk APPROVED AS TO FORM: Thomas M. Carpen er City Attorney W �! jy� 0 357 EXHIBIT A LEASE AGREE MT This Agreement is entered into as if executed on the day of , 1991, by and.between the Little Rock Municipal Airport Commission ("Lessor") and the City of Little Rock, Arkansas ( "City ") on behalf of the Little Rock Police Department ( "Lessee") for the use of the Organized Crime and Intelligence Unit. Witnesseth: 1. PREMISES. Approximately 658 square feet of office space on the second floor of the terminal building at the Little Rock Municipal Airport, also known as Adams Field. The office space provided pursuant to this lease agreement and identified as the premises under this section of the agreement will remain constant throughout any lease term. Any changes to the location or the square footage of the premises will be made only with the express written approval of the Lessee. 2. TERMS. The initial term will be deemed to have begun on , and will end on For purposes of this agreement, this time frame will be deemed one lease year. Lessee may elect to extend the term of this lease for any additional one lease year period by giving written notice of such intent not less than thirty (30) days prior to the expiration of each term. Rental rates may be renegotiated prior to the beginning of each option period, provided that any renegotiated rental amount will not exceed % of the immediately preceding year's rental amount. The parties may also negotiate the exact location of the leased premises at the beginning of each option period. 1 asz ,� r 2 ME 3. RENT. Lessee agrees to pay Six Hundred Twenty -seven Dollars and Eighty -four Cents ($627.84) per calendar month in advance upon invoice from the Lessor. 4. UTILITIES AND SERVICES. Lessor will furnish utilities, elevator services, trash removal, lighting fixtures and replacements, heat and air conditioning, and janitorial services. Lessee has the right to disapprove any personnel providing these services, or the right to supervise any personnel performing duties upon the premises covered by this Agreement, or both, in order to assure the integrity of Police Department apparatus, information, and other materials maintained on the premises. 5. MAINTENANCE REPAIR AND REPLACEMENT. Lessor agrees to maintain the premises in good repair and tenantable condition, making replacements when necessary, including, but not limited to, all structured components, mechanical equipment, and pest extermination. If Lessor fails to correct a deficiency to the satisfaction of Lessee within thirty days after written notice from Lessee -- or within an appropriate shorter period as stated in the notice in the event of a deficiency constituting a hazard to the health and safety of Lessee's employees, property, or any person -- Lessee may perform such maintenance or make such repair at its own cost and, in addition to any other remedy it may have, Lessee may deduct the amount thereof from the rent that may then or thereafter become due. Lessee's obligation to pay rent and Lessor's obligations under this lease are hereby made dependent. In order to assure the integrity of any police apparatus, information, or material maintained on the premises, E (OSI_ q -6 r 0 359 Lessee has the right to approve, or supervise, or both, the maintenance personnel performing duties pursuant to this paragraph. 6. DAMAGE AND DESTRUCTION. Lessor shall bear the risk of loss by fire or other casualty and shall maintain fire and extended coverage insurance to the full replacement value of the premises. Lessor shall cooperate with Lessee in maintaining to the extent possible under the law the confidentiality of any necessary proof of loss for police apparatus, material, or equipment, in the event of such casualty. Upon any fire or casualty occurrence, the rent for the premises shall abate until the premises are restored. Lessor agrees to promptly repair or replace any part of the premises damaged or destroyed. In the event of damage or destruction of the leased premises, Lessee may terminate this lease by written notice to Lessor. However, Lessor affirmatively agrees to provide temporary space within the Little Rock Municipal Airport as soon as possible after the airport reopens following the fire or other casualty. Lessor agrees that no entry, other than initial efforts by appropriate emergency services personnel to put out a fire or deal with a casualty, will be permitted on the leased premises unless Lessee's personnel are present to assure security for police records, materials and apparatus. i 7. TERMINATION. Lessee may terminate this lease by thirty days written notice to Lessor, subject to provisions of Section 10. B. MISCELLANEOUS. This lease and any modification or amendments to it will not be valid without written approval of 3 Lessee. This lease shall benefit and bind the parties hereto and their heirs, personal representatives, successors and assigns. This lease contains the entire agreement of the parties. 9. SEVERABILITY. The provisions of this lease are hereby declared to be severable -- -and if any terms, conditions or provisions shall be declared or held invalid, the remaining terms, conditions or provisions shall remain in full force and effect. 10. APPLICABLE LAW. The parties hereto agree that this Lease Agreement shall be governed by the laws of the State of Arkansas. 11. CONTACT PERSONS. In the event questions arise under this lease these questions will initially be directed to the following persons: LITTLE ROCK AIRPORT COMIISSION c/o Mr. Harry D. Denton Assistant Manager for Administration Adams Field #1 Airport Drive (501) 372 -3439 LITTLE ROCK POLICE DEPARTMOT c/o Captain David Rowen Little Rock Police Department 700 West Markham Organized Crime and Intelligence Unit Little Rock, Arkansas 72201 (501) 371 -4690 12. Lessee has requested that Lessor construct an area as described in the attached diagram "A". This area of 658 square feet has been estimated by Lessor to cost $8,698.38 to complete with no labor cost included. Lessee agrees to pay one -half of the final cost at completion and the balance one year later regardless of the lease status. Any changes to the requested n 360 051— 6- ;� improvements will require prior written approval from the Lessee. Lessor will use its best efforts to stay within the cost estimates but any variances in these costs will be paid by Lessee. 13. The parties have- executed this contract and affixed their hands and seals this day of . 1991. LESSOR: LITTLE ROCK MUNICIPAL AIRPORT COMMISSION By: Date: LESSEE: LITTLE ROCK POLICE DEPARTMENT By: Date: F7 0,151- 6-3