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Res 1831 7/6/1976RESOLUTION NO. /33/ RESOLUTION APPROVING LEASE AGREEMENT WITH UNITED STATES OF AMERICA FOR SPACE AT MUNICIPAL AIRPORT FOR FEDERAL AVIATION ADMINISTRATION. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain lease agreement, a copy of which is attached hereto, between the City of Wichita Falls and the United States of America, covering space in the Administration Building at the Municipal Airport for the use of the Federal Aviation Administration is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED this the 6th day of July, 1976. 71M/ A Y O R( 2-7 ATTEST: City Clerk STANDARD FORM 2 FEBRUARY 1965 EDITION U.S. GOVERNMENT ADMINISTRATION N LEASE FOR REAL PROPERTYYADMINISTRATION FPR(41 CFR)1-16,601 DATE OF LEASE LEASE NO. DOT-FA77SW-1020 LEASE, made and entered into this date by and between CITY OF WICHITA FALLS, TEXAS t. Municipal Airport whose address is Route 4, Box 72–E Wichita Falls, Texas 76307 and whose interest in the property hereinafter described is that of owner Irk;. hereinafter called the Lessor, and the UNITED STATES OF AMERICA,hereinafter called the Government: WITNESSETH: The parties hereto for the considerations hereinafter mentioned, conversant and agree as follows: 1. The Lessor hereby leases to the Government the following described premises: A total of 2,554 square feet of bare space located in the Airport Administration Building on the Wichita Falls Municipal Airport, Wichita Falls, Texas; and as more particularly shown in Paragraph 9, Space Occupancy Schedule hereof. wRllr tobeusedfor Flight Service Station and Airway Facilities Sector Shops 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on 1 July 1976 through 30 September 1976 subject to termination and renewal rights as may be hereinafter set forth. i 3. The Government shall pay the Lessor annual rent of $13,483.19 at the rate of$ 3,370.80 per Govern ment___qua ;tex in arrears. Rent for alesser period shall be prorated. Rent checks shall be made payable to: Lessor wholly or in part 4. The Government may terminate this lease/at any time by giving at least 30 days' notice in writing to the Lessor and no rental shall accrue after the effective date of termination. Said notice shall be computed commenc- ing with the day after the date of mailing. 5. This lease may he renrwr>rl ar the nprinn of rhr the r•: provided notice be given i i ng to the Lessor at least days before the end of the original lease term or any ren m; all other terms and conditions of this lease shall remain the same during any renewal term. h 2-105 t dam Kv r._ .•+.,,..•• J' I' ~ ' 4 „ F, ,• 4. t ... A 1.`,,,„ ._• II` _ +'tA 1,.I+(.•1 ,91 ih• • X44 ,• 4 y T { 4 7• a 9 a _. ea. n:"I f y. t i y+= W• t 6. The Lessor shall furnish to the Government,as part of the rental consideration, the following: Janitorial, custodial and utility services as more particularly set forth in Articles 18 through 19 attached hereto. s.i D wti 7. The following are attached and made a part hereof: 1. The General Provisions and Instructions (Standard Form 2-A, May 1970 edition). 2. Special Lease Provisions (Articles 9 through 19 ( s'' 8. The following changes were made in this lease prior to its execution: Article 5 was deleted; Article 11 on Standard Form 2-A was deleted; The words "wholly or in part" were added to Article 4; and Article 17 and 18 and Amendment 2 noted as Page 3 were added to Standard Form 2—A. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above a written. LESSOR . CITY OF WICHITA FALLS, TEXAS BY. Signature) Signature) S IN• PRESENCE 0F: Signature) Address) i UNITED STATES OF AMERICA i f(, s' r Contracting Officer MICHEL D. HINTOiN (Signature) Official title) V^ STANDARD FORM 2 6 U.S.GOVERNMENT PRINTING OFFICE:1965 0-779-371 I FEBRUARY 1965 EDITION I t 775 -/020 LEASE NO. : DOT-FA7-6-S•.'- 1-2-8t" WICHITA FALLS FSS/SFO y WICHITA FALLS, TEXAS t SPECIAL LEASE PROVISIONS 4,1,,l'.7 9. SPACE OCCUPANCY SCHEDULE Janitorial FACILITY Bare Space Custodial Bare Space Rental Rate Service Rate Total FLIGHT SERVICE STATION Sq. Ft. 3.28 2.20 Annual Cost Chief's Office 110 360.80 242.00 602.80 w, „a,,.. FSS Sec. Office 128 419.84 281.60 701.44 t' Operations Room 501 1,643.28' 1,102.20 2,745.48 Examine Room 168 551.04 369.60 920.64 t^' Equipment Room 495 1,623.60 1,059.00 2,712.60 Telco Room 92 301.76 127.88 429.64 Storage Shelf Area 72 236.16 158.40 394.56 Training & Ready Room 315 1,033.20 693.00 1,726.20 1,881 6,169.68 4,063.68 10,233.36 AFSFO w. SF0 Maint. Chief's 132 432.96 290.40 723.36 Aim, Office Gen. Mech. Shop 217 711.76 301.63 1,013.39 Gen. Mech. Shop 116 380.48 161.24 541.72 Engr. Generator Rm. 208 682.24 289.12 971.36 673 2,207.44 1,042.39 3,249.83 TOTAL 2,554 8,377.12 5, 106.07 13,433.19 A NOTE: Janitorial & Custodial Service - 1921 sq. ft. x $2.20 = 4,226.20 c Custodial Service Only (no Janitorial) 633 sq. ft x $1.39 = 879.87 r Net Sq. Ft. Rental area 2,554 sq. ft. x $3.28 = 8,377.12 Total 13,483.19 10. RENEWAL OPTION: This lease may at the option of the Government be renewed from year to year at an annual rental of thirteen thousand four hundred eighty-three and 19/100th . Dollars ($13,483.19) , and otherwise upon the terms and conditions herein specified. The Government's option shall be deemed exercised and the lease renewed each year for one year unless the Government gives 30 days notice that it will not exercise its option before this lease, or any renewal thereof expires; PROVIDED, That no renewal thereof shall extend the period of occupancy of the premises beyond the 30th day of September, 1981; AND PROVIDED FURTHER, that adequate appropriations are available from year to year for the payment of rentals. The initial term of the lease shall be as stated in Paragraph 2; rte'• r-v -t; L_.,•, y a Z .: - K_- ,. . I.. 4 '.& f_.'.M.,r- ti f`'--.4-...: 7,-:".`.,-".;•,. .-_. _.e• r p 1 4 6 su..•} ! Ce ; 3`. ;,. 5_.,:,,.„-1, y -.-",,,-;1, F, Ra+,. A, 4.1.1Ai .5. L. 5 -5-v- _•vi,-.b,.yt,- ,K. ... ..'' : -.F , y.__u. I: ,_= -. :w`, r T ' iw,10,'- F` 77,)i4/-/G2O h..` LEASE NO. : DOT-FA7-6SW 1286- WICHITA FALLS, FSS/SFO WICHITA FALLS, TEXAS subsequent terms if renewal rights of this said paragraph are exercised, are: es ' October 1, 1976 through September 30, 1977; and thereafter October 1 through 30 of succeeding fiscal years. 4r• 11. CANCELLATION. The Government shall have the right and privilege to cancel this lease at any time during the term of this lease or during the term of any renewal thereof upon giving the lessor thirty (30) days' notice in writing, such notice to be computed from the date of the postmark on the envelope in which such cancel- lation notice is mailed, and no rentals shall accrue after that date: EXCEPT, portion of the lease pertaining to custodial and utilities services, which may be renegotiated by either party upon thirty (30) days' notice as defined above, and the monetary consideration of this lease adjusted therefor. 7(-\'12. VEHICLE PARKING. The lessor shall provide, free-of-charge, parking space for Government-owned vehicles. The lessor further agrees to provide parking space for FAA employees actually working within the leased premises under the same conditions circumstances granted to all other terminal building occupants and their employees, or under conditions of any future understanding reached between airport sponsors and this agency. 13. REPAIR AND REPLACEMENT OF WINDOW COVERS. The lessor agrees to repair or replace existing lessor-owned blinds, shades, and drapes as may be required and resulting from fair wear and tear during the Government's occupancy of the leased premises. 14. FUNDING RESPONSIBILITY CLASS I - II FACILITIES The airport owner agrees that any relocation, or replacement, or modification of any Federal Aviation Administration Class I or II facility, or components thereof, as defined below, covered by this contract during its term or any renewal thereof made necessary by airport improvements or changes which im- pair or interrupt the technical and/or operational characteristics of the facilities will be at the expense of the airport owner; except, when such improvements or changes are made at the specific request of the Government. In the event such relocations, replacements or modifications are necessitated due to causes not attributable to either the airport owner or the Government, funding responsibility shall be determined by the Government. CLASS I FACILITIES Remote Transmitter/Receiver (Tower)Visual Landing Aids AA popeor a• .y .rti - v _• -a h i,4tie.”'^'" t '--i-F r ^ * ''" is t"i c. '^ . y`~r.. ''• „' i .1rs=-A'lc,+t?i'f• '!.•- ..t _ _ .. :<s.-rL, mss. _. . .s-.r- _:--- ,, t.= . +,1 i._. F, 'frE .r 6, 31 77SL '— i02v LEASE NO DOT-FA7-6-Sh 1-2-S 4::::` WICHITA FALLS, FSS/SFO WICHITA FALLS, TEXAS f Airport Traffic Control Tower Direction Finding Equipment L',$ • il , Airport Surveillance Radar VOR, TVOR & VORTAC t '„,s ba,Airport Surface Detection Equipment Instrument Approach)J.... Precision Approach Radar Weather Observing & Measuring EquipmentILSandComponentsowned & operated by FAA) ALS and Components Central Standby Power Plant CLASS II FACILITIES Range RadarLongg VOR and VORTAC Eenrouteonly) j__1= N..-=%4y-Air Route Traffic Control Centers Flight Service Station 3 ,,%-1:. 11 I Peripherals (Remote Control Remote Communications Outlet Air-Ground Communication Facility) Limited Remote Communications Outlet t ' . Other en route facilities Iln 15. INSTALLATION OF ANTENNAS, POWER CABLES, CONTROL CABLES AND OTHER APPURTENANCES. The Government shall have the right and privilege operategprivily. e to o crate and maintain the w;°, presently installed antennae, cables and wires and other appurtenances on topoftheTerminalBuilding, or such other location on airport property as deemed necessary, together with the right to operate and maintain necessary connect-I ing cable from such installations to the Flight Service Station, provided such installations do not constitute a hazard to the operation of aircraft. The Government shall have the right and privilege to install additional antennae,IIwires, cables and other appurtenances at the said locations provided approval for such installations is first obtained from the lessor or responsible representative. It is further understood and agreed that the Government will i;f- w _ 5R perform such installation and maintenance work on the said facilities in such ti,:. manner as to hold the lessor harmless from any and all damages that may be 7 caused by such work, or any and all damages that may be sustained through the cancellation of the lessor's roofing bond. The lessor will, however, maintain, i= I repair and/or replace installed walkways on the roof for use by the Govern- ment's maintenance personnel in maintaining and servicing its antennae and appurtenances. I;, 16. INTERFERENCE WITH THE GOVERNMENT'S OPERATIONS. IIThe lessor agrees that in the event of the lessor' s operations or facilities located on the demised premises causes interference with the Government' s operations conducted in the leased premises, the lessor shall, upon being a • notified by the contracting officer, make every reasonable effort to eliminate the cause of such interference. 17. NON-RESTORATION. The lessor and the Government hereby agree that, upon termination of the k.- Government's occupancy of leased premises, there will be no obligation on the E V r s ,A7.- 7-'''4:". 4 s.,.'.•-, ve.M e ryI"'hy . y.,a ' "• c :_3 a._''. , 0. • -#••. ,ti: 4- ; Y : % l,+y C xh y':' '*' .A . ce, LEASE NO. : DOT-FA76-SW---2•$6- WICHITA FALLS, FSS/SFO WICHITA FALLS, TEXAS part of the Government to restore or rehabilitate the property of the lessor. s. :', q It- is further agreed that the Government may abandon in place any or all structures or equipment installed in and upon said leased premises by theGovernmentduringitstenure. Notice of abandonment of any of the Govern- ment's property shall be, in writing, to the lessor by the contracting officer. r. h18. UTILITY, HEATING, COOLING SYSTEM, AND REST ROOM FACILITIES. (CUSTODIAL 1._ SERVICES) h t-,The lessor shall furnish as part of the rental ,consideration the services,i4 ;utilities, supplies, including rest rooms stated hereinafter through the li lessor's owned and maintained facilities: k. a. Heat: The lessor shall furnish an adequate heating system of a r 1 capacity to maintain a temperature of 65° F. , whenever the outside temperature is 68° F. , or below. SI b. Air Conditioning: The lessor shall furnish all equipment and air r ° 4conditioningfacilitiesandthemaintenancethereof, which shall provide ade- 4 quate air conditioning suitable for the climatic conditions prevailing at the Wichita Falls Airport, and maintain a mean interior temperature range ofFr II 78° F. to 80 F. c. Water: The lessor shall furnish all equipment for a system to II supply adequate potable chilled water dispensed through the lessor' s owned and maintained, electrically operated, drinking fountain, established near the demised premises leased by the Government. Potable hot and cold water r': ::- shall be furnished for use by the Government in the lessor' s owned and main- P{""_'` tained male and female toilet facilities located within saidy premises. ice: pirmwrNI d. Electricity: Lighting fixtures and electrical outlets, including II maintenance thereof but not electricity for operation thereof. Replacement of fluorescent tubes, ballasts, and starters, as required. It will be the lessor's responsibility to dispose of used or replaced fluorescent tubes in a safe manner. The Government will contract separately for electricity. e. Sewage: The lessor shall furnish all equipment for a s stem adequateaatey to provide waste disposal for the lessor's owned and maintained toilet and for y.IIwaste drains within the leased premises. f. Waste Disposal: The lessor shall dispose of all paper or trash 11 collected and removed from the leased premises. 19. JANITORIAL SERVICE SPECIFICATIONS: The lessor shall furnish all labor, equipment, and su lies toPp provide and accomplish janitorial services for the leased premises as follows: r .o.v 1 . 1 .. j.4-' Y' _L 'k- ys'rNF q , i.. .-.A:., ".‘,A4. h A y+', f . JrcM : 4 ,.p Y T `. r 1-V- 1r'.`ty `, ''mac' t*' t' " 4 t. 1117°-, `k r.'4-`{ w-r t, nr a '* eq. w r. 4$'v 'a+a+e !» .. +:h +.y Aa +''t y r " a ,, iLid f 7 75,,i-/L':20 F.:_-,:,.- LEASE NO. : DOT-FA76-S 1-286- WICHITA FALLS, FSS/SFO CWICHITA FALLS, TEXAS I. Janitorial Service Areas t 91 Service Schedule M All areas leased M` except those 1) 24 hour use areas which are specified in Paragraph 9, 7 days per week i .,. Space Occupancy Schedule) 2) 8 hour use areas 7 days per week II. Service Specifications 3 a Dail 1) Sweep and wet mop all floors, and buff wax floor areas r--- where wax is worn. 2) Empty ash trays and waste paper baskets. ir 3) Dust all office furniture, files, and machines. 4) Clean restrooms, male and female, to include mirrors, washbasins, urinals and commodes with a combination of cleansers, disinfectant and odor preventatives. vtA' r5) Clean and polish both sides of all door glass panes as t1, necessary where such doors are installed to include may' interior building windows. 6) Clean and disinfect bowl of drinking fountain. b) Two-Week Intervals: II 1) Inspect all interior lighting fixtures, lamps, fluorescent, balasts, tubes and starters; replace 4-. when required. 2) Dust all blinds, decorative or window-covering and ate''= II blind heads to remove dust and other dirt. 3) Wax and buff all floor space with a good grade of non-skid wax. 4) Wash and wipe dry all wastebaskets. 5) Wash all interior and exterior doors to include door jams. 11 c) Six-Week Intervals: All areas 1) Strip all old wax from waxed floors, and rewax with a good grade of non-skid wax, and machine buff to a good finish. I d) Six-Month Intervals: All areas 1) Wash and wipe dry all exterior building windows. rsA Mme: I M it i'f' -, 7c ty.w,•.,.! n 7,7 '-r.s :ter. T ;',....,';„.: 77i:,- 5:. 4" " - a 'Y a A hy. a e. „ ate. , y titi yr. ,. f L r y —` 4-V-,• 4 a " f.V14.• r 6 }L9.. ;c.;.: y.}i_A .44 ,* "—.1'w.', L :.,,,;4. A y _. y+s. 4,-_,5 . J 4 xa..k., 5,._ +,ti E;;,...^9+ -?"' & .qrs, 4 F ,r- ..+" ,.` .-..r .^,is .>:".. ..>r6 r:`:vL••• MP 7'•S1V-/020 LEASE NO. : DOT-FA-R6-SW— -2g6- WICHITA FALLS, FSS/SFO WICHITA FALLS, TEXAS CORPORATE CERTIFICATE I, certify that I am the of the.City of Wichita Falls, Texas, named in the foregoing agreement;4=2W that who signed- said agreement on behalf of N----the City of Wichita Falls, Texas, was then of the City of Wichita Falls, Texas, that said agreement was duly signed for 11(7)1 and in behalf of said City of Wichita Falls, Texas, by authority of its governing body, and is within the scope of its powers.a' pfzravr CORPORATE SEAL r r r xzy sm 111 i Mr1°— 3j_ , 4 ,T ¢r3 +—+cW l ar'xF T_ 1` li.,: ryF '_ N s Rc! kP {_`r"`-'3'Fw,u 7.r '§•,?r r r—'.ys+t y',e ' Y : ,}, 4 o- "' GENERAL PROVISIONS, CERTIFICATION AND INSTRUCTIONS U.S. Government Lease for Real Property GENERAL PROVISIONS 1. SUBLETTING THE PREMISES. contract, or to any benefit that may arise therefrom; but The_Government may sublet any part of the premises but this provision shall not be construed to extend to this lease y g contract if made with a corporation for its general benefit. M'::shall not be relieved from an obligations under this lease 1 b i .•':by reason of any such subletting. 1` `w".t8. ASSIGNMENT OF CLAIMS. 2. MAINTENANCE OF PREMISES.Pursuant to the provisions of the Assignment of Claims The Lessor shall maintain the demised premises, including Act of 19.40, as amended (31 U.S.C. 203, 41 U.S.C. 15), if e the building and any and all equipment, fixtures, and ap- this lease provides for payments aggregating $1,000 or purtenances, furnished by the Lessor under this lease in more, claims for monies due or to become•due the Lessor good repair and tenantable condition, except in case of from the Government under this contract may be assigned damage arising from the act or the negligence of the Gov- to a bank, trust company, or other financing institution, ernment's agents or employees. For the purpose of so main- including any Federal lending agency, and may thereafter taining said premises and property, the Lessor may at be further assigned or reassigned to any such institution.Any N reasonable times, and with the approval of the authorized such assignment or reassignment shall cover all amounts pay- r:•,.;• .,:,;..... Government representative in charge, enter and inspect the able under this contract and not already paid, and shall not same and make any necessary repairs thereto. be made to more than one party,except that any such assign- y: ment or reassignment may be made to one party as agent I 3. DAMAGE BY FIRE OR OTHER CASUALTY. t• forortrusteeor t vo or more parties participating in such If the said premises be destroyed by fire or other casualty or tru Notwithstanding any provisions of this contract, this lease shall immediately terminate. In case of partial payments to an assignee of any monies due or to become destruction or damage, so as to render the premises unten- due under this contract shell not, to the extent provided in bitable, as determined by the Government, the Government said Act,as amended,.be subject to reduction or set-off. I{ ay terminate the lease by giving written notice to the Lessor within fifteen (15) days thereafter; if so terminated 9. EQUAL OPPORTUNITY CLAUSE. i no rent shall accrue to the Lessor after such partial de- struction or damage; and if not so terminated the rent shall (The following clause is applicable unless this contract is be reduced proportionately by supplemental agreement hereto exempt under the rules, regulations, and relevant orders of 4 effective from the date of such partial destruction or damage. the Secretary of Labor (41 CPR,ch.60).) t t^ During the performance of this contract, the Contractor 4. ALTERATIONS. agrees as follows: The Government shall have the right during the existence ( a) The Contractor will not discriminate against any em- of this lease to make alterations, attach fixtures and erect ' loyee or applicant for employment because of race, color, additions, structures or signs in or upon the premises hereby affirmative action nationalenlorigi at applicantsraaare employed,leased, which fixtures, additions or structures so placed in, and that employees are treated during employment, withoutuponorattachedtothesaidpremisesshallbeandremain the property of the Government and may be removed or regard to their race, color, religion, sex, or national origin. otherwise disposed of by the Government. Such action shall include,but not be limited to,the recruitmentEmployment, upgrading, demotion, or transfer; recruitment 5. CONDITION REPORT.or recruitment advertising; layoff or termination; rates of vggi pay or other forms of compensation; and selection for train-A joint physical survey and inspection report of the de- ing, including apprenticeship. The Contractor agrees to postmiredpremisesshallbemadeasoftheeffectivedateofthisinconspicuousplaces, available to employees and applicants p lease,reflecting the then present condition,and will be signed for employment, notices to be provided b y the Contracting r-3,--t'' on behalf of the parties hereto. 1 p y y reOfficersettingforththeprovisionsofthisEqualOpportunityr 6. COVENANT AGAINST CONTINGENT FEES. clause. r ..b) The Contractor will, in all solicitations or advertise- The Lessor warrants that no person or selling agency has ments for employees placed by or on behalf of the Contractor, been employed or retained to solicit or secure this lease upon state that all qualified applicants will receive consideration an agreement or understanding for a commission, percent- for employment without regard to race,color,religion,sex,or age, brokerage, or contingent fee, excepting bona fide em- national origin. ployees or bona fide established commercial or selling agencies (c) The Contractor will send to each labor union or repre- maintained by the Lessor for the purpose of securing busi- sentative of workers with which he has a collective bargain- ness. For breach or violation of this warranty the Govern- ing agreement or other contract or understanding, a notice, ment shall have the right to annul this lease without liability to be provided by the agency Contracting Officer,advising theorinitsdiscretiontodeductfromtherentalpriceorcon- labor union or workers' representative of the Contractor's sideration, or otherwise recover, the full amount of such commitments under this Equal Opportunity clause, and shallcommission, percentage, brokerage, or contingent fee. (Li- post copies of the notice in conspicuous places available to censed real estate agents or brokers having listings on prop- employees and applicants for employment. erty for rent, in accordance with general business practice, (d) The Contractor will comply with all provisions of Ex-and who have not obtained such licenses for the sole purpose ecutive Order No. 11246 of September 24, 1965, and of the of effecting this lease; may be considered as bona fide em- rules, regulations, and relevant orders of the Secretary ofployeesoragencieswithintheexceptioncontainedinthisLabor. E clause.) e) The Contractor will furnish all information and re- 7. OFFICIALS NOT TO BENEFIT.ports required by Executive Order No. 11216 of September 24, 1965, and by the rules, regulations, and orders of theNoMemberoforDelegatetoCongress, or Resident Corn- Secretary of Labor, or pursuant thereto, and will permitmissionershallbeadmittedtoanyshareorpartofthisleaseaccesstohisbooks, records, and accounts by the contracting y. ,. 1 Standard Form 2—A p....... I General Services Administration—FPR(41 CFR) 1-16.601 May iti0 Edition 2-203 I Pi f7 - 'tr s,q.,"t. 1143 S t L +., F J, 3 r`/. i4 i . f i ,.r'fi ''*f t'""''''`,., "3^'••... . '- 4 ,. j f, ''i„•;h Ra,.t%^ i s : Look::: sin. ..rat. Secretory of 1,aoor for purpo: of i}V.':.tIga.- tl i •Section in ti„,, ( . „i: g. ir;i.,.,,c,,, ,,,' is .. . :;;On a... tion to ascertain compliance with such rules,regulations,and ment or one in which the contracting party other than the orders. Lessor has the unilateral right to renew or extend the agree-i,.`~•` f) In the event of the Contractor's noncompliance with rent or arrangement, until tike expiration of the exisng f'.' ;•'•'. the Equal Opportunity clause of this contract or with any agreement or arrangement and the unilateral right to renew of the said rules, regulations, or orders, this contract may or extend. The Lessor also agrees that it will take any and be canceled, terminated, or suspended, in whole or in part, all lawful actions as expeditiously as possible,with respect to eqd the Contractor may be declared ineligible for further any such agreement as the contracting agency may direct,as vernment contracts in accordance with procedures author- a means of enforcing the intent of this section,including,but ized in Executive Order No. 11246 of September 24, 1965, not limited to,termination of the agreementgreement or concession and and such other sanctions may be imposed and remedies in- institution of court action.r yoked as provided in Executive Order No. 11246 of Septem- ber 24,,1965,or by rule,regulation, or order of the Secretary 11. EXAMINATION OF RECORDS. Ye: '', of Labor,or as otherwise provided by law. provision i• ftT The Contractor will include the provisions of TEth This is applicable if-this-lease was nego-- g)1 para- tiateci thout advertising.) graphs (a) through (g) in every subcontract or purchase (a) T h Lessor agrees that the Comptroller General of the order unless exempted by rules, regulations, or orders of the United Stat or any of his duly authorized representatives i.Secretary of Labor issued pursuant to section 204 of Execu- shall, until the a ation of 3 years after final paymenttiveOrderNo. 11246 of September 24,1965,so that such pro- linden this lease, hay e access to and the right to examine anyvisionswillbebindinguponeachsubcontractororvendor. directly pertinent books>docurnents, papers, and records ofTheContractorwilltakesuchactionwithrespecttoanysub- the Lessor involving transaclTio_ns related to this lease.contract or purchase order as the contracting agency may (b) The Lessor further agree. include in all his subcon-direct as a means of enforcing such provisions, including tracts hereunder a provision to the e that the subcontrac-sanctions for noncompliance: Provided, however, That in the for agrees that the Comptroller General United States W event the Contractor becomes involved in, or is threatened 3 t4r'.., ,`;; with, litigation with a subcontractor or vendor as a result of or his representatives shall, anti. the espirat:. of years ey4,*,safterfinalpaymentunderthisleasewiththeGov • ment,I.such direction by the contracting agency,the Contractor may have access to and the right to examine any directly perti nt f ^t e:-..,,request the United States to enter into such litigation to books, documents, papers, and records of such subcontracto r"" protect the interests of the United States. Iisatt finseKelatecil-_to;tfhe-subeontract.. _..SlYLt 10. FACILITIES NONDISCRIMINATION. I 12. APPLICABLE CODES AND ORDINANCESa) As used in this section, the tern' "facility" meansFires, shops, restaurants, cafeterias, restrooms, and any The Lessor, as part of the rental consideration, agrees to uther facility of a public nature in the building in which the comply with all codes and ordinances applicable to the own- space covered by this lease is located. ership and operation of the building in which the leased spaceb) The Lessor agrees that he will not discriminate by is situated and, at his own expense,to obtain all necessary segregation or otherwise against any persons c.--; g y person or ersons be- permits and related items. ti, cause of race, color, religion, sex, or national origin in 4l•i'r'-'• furnishing, or by refusing to furnish, to such person or 13. INSPECTION. persons the use of any facility,including any and all services, At all times after receipt of Bids, prior to or after accept- Tprivileges, accommodations, and activities provided thereby. ance of any Bid or during any construction, remodeling orNothinghereinshallrequirethefurnishingtothegeneral renovation work, the premises and the building or any partspublicoftheuseofanyfacilitycustomarilyfurnishedbythethereof, upon reasonable and proper notice, shall be accessi-Lessor solely to tenants,their employees,customers,patients, ble for inspection by the Contracting Officer,or by architects,guests and invitees. engineers, or other technicians representing him, to deter-c) It is agreed that the Lessor's noncompliance with the mine whether the essential requirements of the solicitation orprovisionsofthissectionshallconstituteamaterialbreachtheleaserequirementsaremet.of this lease. In the event of such noncompliance, the Gov- i ernment may take appropriate action to enforce compliance, 14. EcoNO n.ACT LIMITATIONmayterminatethislease, or may pursue such other remedies LIMITATION. r,a . tiasmaybeprovidedbylaw. In the event of termination, the If the rental specified in this lease exceeds $2,000 per res:Lessor shall be liable for all excess costs of the Government annum, the limitation of Section 322 of the Economy Act of s'tp,in acquiring substitute space, including but not limited to 1032,as amended (40 U.S.C.278a),shall apply. st' ',N•- the cost of moving to such space. Substitute space shall be NI T^ obtained in as close proximity to the Lessor's building as is 15. FAILURE IN PERFORMANCE.feasible and moving costs will be limited to the actual ex- penses thereof as incurred. In the event of failure by the Lessor to provide any service, A". d) It is further agreed that from and after the date utility, maintenance or repairs required under this lease, the Government shall have the right to secure said services, hereof the Lessor will, time as any agreement is to utilities, maintenance or repairs and to deduct the costbeenteredintooraconcessionistobepermittedtooperate, include or require the inclusion of the foregoing provisions thereof from rental payments. of this section in every such agreement or concession pur- suant to which any person other than the Lessor operates or 16. LESSOR S SUCCESSORS. has the right to operate any facility. Nothing herein con- The terms and provisions of this lease and the conditionstamed, however, shall be deemed to require the Lessor to herein shall bind the Lessor,and the Lessor's heirs,executors, include or require the inclusion of the foregoing provisions of administrators,successors,and assigns. ICERTIFICATION 1. CERTIFICATION OF NONSEGREGATED FACILITIES. By the submission of this bid,the bidder,offeror,applicant, Applicable to (1) contracts, (2) subcontracts, and (3) or subcontractor certifies that he does not maintain or pro- agreements with applicants who are themselves performing vide for his employees any segregated facilities at any of his federally assisted construction contracts, exceeding $10,000 establishments, and that he does not permit his employees to which are not exempt from the provisions of the Equal perform their services at any location, under his control, Opportunity clause.) where segregated facilities are maintained.He certifies fur- I Standard Form 2-A May 1970 Edition 0 rS 'Ff t,e7 ;l ' Vz7.ri Y f r'- i 1 _ J _ j y• . 4J"t !_ V, t,M' ther that he will not maintain or provide for his employees prior to the award of subcontracts exceeding $10,000 which any segregated facilities at any of his establishments; and are not exempt from the provisions of the Equal Opportunitythathewillnotpermithisemployeestoperformtheirservicesclause; that he will retain such certifications in E ';T'•`perform t s his files; r,y..• at`any location,under his control,where segregated facilities and that he will forward the following notice to such pro- ff. are maintained. The bidder, offeror, applicant, or subcon- posed subcontractors (except proposedTPexcetwheretheroosed subcon- h.- tractor agrees that a breach of this certification is a violation tractors have submitted identical certifications for specific of the Equal Opportunity clause in this contract. As used in time periods) :t'this certification, the term "segregated facilities" means any aiting rooms, work areas, rest rooms and wash rooms, res- NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR rants and other eating areas,time clocks,locker rooms and CERTIFICATIONS OF NONSEGREGATED FACILITIES4. 171111er storage or dressing areas, parking lots, drinking foun- Y,=thins, recreation or entertainment areas, transportation, and A Certification of Nonsegregated Facilities must be sub- housing facilities provided for employees which are segre- muted prior to the award of a subcontract exceeding$10,000 k,• a gated by which is not exempt from the provisions of the EgyexplicitdirectiveorareinfactsegregatedonthePPEqual Oppor- basis of race, color, religion, or national origin, because tunity clause. The certification may be submitted either for 1 of habit, local custom, or otherwise He further agrees that each subcontract or for all subcontracts during a period (i.e., except where he has obtained identical certifications from quarterly,semiannually,or annually). proposed subcontractors for specific time periods) he will ob- NOTE: The penalty for making false statements in offers tain identical certifications from proposed subcontractors is prescribed in 18 U.S.C. 1001. i NOTE.—The penalty for making false statements in offers is prescribed in 18 U.S.C.1001. INSTRUCTIONS irai...0 W1. Whenever the lease is executed by an attorney, agent, and title of the officer or other person signing the lease onortrusteeonbehalfoftheLessor, two authenticated copies its behalf,duly attested, and,if requested by the Governmentofhispowerofattorney, or other evidence to act on behalf evidence of this authority so to act shall be furnished.of the Lessor,shall accompany the lease. 4. When deletions or other alterations are made specific2. the Lessor is a partnership, the names of the notation thereof shall be entered under clause 8 of the lease0partnerserscomposingthefirmshallbestatedinthebodyofthe beforelease. The lease shall be signed with the partnership name, eore signing. illowed by the name of the partner signing the same. 5. If the property leased is located in a State requiring Where the Lessor is a corporation, the lease shall be the recording of leases, the Lessor shall comply with all such aligned with the corporate name, followed by the signature statutory requirements at Lessor's expense. hyrt*4r:% pL, i Imo. 1r" 14t 1". e:. rat3 U. S. GOVERNMENT PRINTING OFFICE: 1g73 0-5o3-qiq Standard Form 2-A May 1070 Edition U , a r p.. r ry t K 1,7 E t41;7' r w ty,: w t-n Attachment to SF 2-A - General -Provisions r'` 17. LISTING OF EMPLOYMENT OPENINGS This clause 1s applicable P ursuant to 41 Idl \VhcncvcC the contractor becomes can- )q i "Openings which the contractor pro-iCFR50-2LO If th la contract Se for 02,500 or tnrcttlany hound by the listing pruvlaIons of pose, • • • to sill pursuant to n customarymorn.) this clause, he shalt advise the employment alai traditional employer-union hiring nr- a) The contractor agrees, in order to pro- r,'rvlcc system In each State wherein be raftoet.i nt" means employment upentnts fori% 100,vide.special emphasis to the emp:oymrl,t of arts establishments of the name and locntIon ,rh,rh no consideration will be given to per- r y4,,,•w,qualified disabled veteran-5 and veterans of1of each such establishment In the State. As snits outside of n special hiring arrange-1• • .ttheVietnamera, that all suitable employ- long as the contractor is contractually bound manta iorhulln•openings which the.contrac-y,,, ' ment openings of the contractor u•hici+ exist to these provisions and has so advised the, g' 1 r`' •''IPtarprepucesto1111fromunionbrills, which r;r y,," at the time of the execution of this contract tante employment system, there Is no need Is part of the customary and traditional. r•'r and those which occur during the perform- to advise the State system of subsequent hiring relationship which exists betweenrnaveofthiscontract, Including rinse rot contracts. The contractor may ad sc the k." Y the collimator and representatives of his generated by this contract and }ncludl::F,l:;line system when it Is no longer boui,ct by entployc•es. those occurring at an establishment other! this contract clause.fit "Disabled veteran" mans a personthantheonewhereinthecontractSr ,e to;l (e) This clause does not apply to the Eat-entitled to disability compensation underperformedbutexcludingthoseoflndrprn<; Ing n! employment openings which occur laws administered by the Veterans Admtnis- ently operated corporate of:hinter, shall be'sad are filed outside of the 50 States, theWeofferedforllstin• at an appropriate local! oration for a disability rated at 3i rge or re- k e District of Columbia, the Commonwcnith or outer. or a person whose discharge or rc-offico of the State employment service system of Puerto Rico, Guam, and the- Virgin lease from active duty was for a disabilitywhereintheopeningoccursandtoprovide• islands.Incurred or aggravated 1n line of duty. t's''!°'such reports to such local o0'ice regarding; (r) This Clause does not apply to open- employment openings and hires as may be4 laps which the contractor proposes to 1111 ( a) "Veteran of the Vietnam era" means ais ' W r required: Provided, ThRt If this contract Is l Rum y+f;hln his own orgnnlzatton or to tilt person 1A) who 11) served on active duty x,. with the Armed Forces for a period of moreforIcesthan810,000 or IS It is with a State porscar.t to a customary and traditional P r;, or local government the reports act torah In employer-union hiring arrangement. This than 180 days, any part of which occurred paragraphs (c) and (d) are not required. r\clnslon does not apply to a particular after August 5, 1064. and was discharged or b) toting of employment opening-, with opening once an employer decides to con-released therefrom with other than a dis- the employment service system pursuant. strict. applicants outside of his own org:ull- honornh10 dtschnrge, or (11) tuns dischargedIli to this clause shall be made at least con- i /alien or employer-union arrangement for or released from active duty for service-con- currently with the use oh any other recruit-.1 that opening. nected disability It any part of such duty - t neat. service or effort and shall Involve the was performed after August 6, 1261, and (13)R1 As used in this clause: w}to was so discharged or released withinVyW•}nnnnnl obligations e which nLtncll to t'nr, 111 "An suitable employment openings" Ithe 48 months preceding his application forphtrlugofabonadefoborder, iuclucai c1 I 1 odes, but is not limited to, openingslidtheacceptanceofreferralsofveteransandIis employment covered by this clause. which occur in the following Job cntegut;e. ;w,nceterilm. Tills listing of eutplovment h1 If any ctlsnblie veteran or veteran of ro -• Production and nonprodtictlon; plant and the V'letllr.n cru believes that the contractor1'prllhlle does notapapplicant or ] llrint, of any wilco: laborers and mechanics; sunervi;ury (0r any Iles L-t to subcontractor) has failedpat-flouter Job applleant or from ant par- niid rwnsu penlsur technical; and exeru-II tiler group of Job applicants, and null'- flee, administrative, and professional area_ or refuses to comply with the provisions of t____ ',lag herein is Intended to relieve the con- lags which are com ensntrd on a salary this contract clause relating to giving ape- tractor front any requirements In any haply of less than $18000 per year. The weal alai enl,phasts in employment to veterans,statutes.Executive orders, or regulations re- Includes foil-time employment, temporary it veteran may file a complaint with the r' girding nondiscrimination in employment. employment of more than 3 days' duration,than, veteran;' employment representative at a k ' i r I The reports required by paragraph 1a) local Slate. employment service olhoc who Ilia of 111 IS clause shall Include, but not he " ' d part-time employment. It does not in- twill attempt to informally resolve the corn-dude openings sf-'' limited to, periodic reports which shrill he p g which the contractor pro- plaint and then refer the complaint with a tied at least quarterly with the appropriate ses to fill from within his own organize- local P pt to resolve the matter i_ '!q Y poses report on the attempt, office or, where the contractor hes inure !Inn or to fill pursuant to a customary and to the State office or the Veterans' Employ- 4,,t than one establishment in n State, with the I traditional employer-union hiring arrange- ntent Service of the Departmenteat of Labor, tcentralofficeoftheStateemploymentmoot. Such complaint shall then be promptly k([, service. Such reports shall 1r.dlate for each 1'?g "Appropriate office of the Slate. cm- re- ferred through the Regional Manpower Ad- establishment Secretary(t) the number of Ind!•;1dt;nls p;,,y;urnt :.CrclCC system" means the lorr..l y of Labor who iet41•,; aho were hired during the reporting period, erne,. Of the Federal-Ste te national :.stenl shall •lnvesthfate such complaint and shall o_rd r,7,•1 1111 the number of those hired who were dls- of public employment ollices with assigned take such action thereon ens the facts and k<: nbled veterans, and (ill) the Itumbrr of -rer.po,:.;lhtlIty for serving the area of the circumstances warrant consistent with the m",fiW, these hired who were nondicabled vet 01•5115 Cst blishnunL where the colpit tnu• it open_ terms of this contract and the laws and regoftheVietnamera.The contractor shall sub- I mg Is to be idled, including the IOistrlet of Illations applicable thereto, tail a report with in 30 days atter the end Col urn bin, the Corntrioi,'veal lit of Puerto (1) The contractor agrees to place this at each reporting period wherein any per- Lilco, Iiu,tm, and the Virgin I•land,. clause (excluding this paragraph (I)) in any f'... tnrnlance Is made under this contract. The flip "Iipenlug's which the contractor pro- subcontract directly under this contract. contractor shall maintain copies of the re- poses to lull (runt within his own org;anl,.n-1..J n:.parts submitted until the expiration of 1 flan" Moons rat plucnwnl apes+,,,g;, for which t .., year after final payment tinder the cnntrart. uu r,,„.u,'nition will .• given to per:.on> during which time they shall he node nv,ill- cu,,ldr the contractor's own Di-ram/anon L._j able. upon request, for examination hr pule (initials ,.• any aul,ll;,tes, suli.uti. ries. anti authorized representatives of the contract- parent companies), and includes any open-.F:'.-in olticer or of the Secretary of Labor, in; s tyhlc It the contractor propose; hi till from regularly estitblished "recall" or "re- hire"lists. 0.1,- 1 18. EXAMINATION OF RECORDS BY COMPTROLLER GENERAL a) Thin clause is applicable It-the amount' (c) The contractor further agrees to in-tor purchase orders for public utility services );,,, of this contract exceeds 02,500 and vans en- elude in all his ualbcontractan hereunder a at rates established for uniform rppllcablllty F. tered into by means of negotiation,including+ProvLslon to the effco that the evbcontrac- to the general public. tor t: rece that the Comptroller Qeneral of (periods of access and CKA7111nation 'small business restricted advertising, but la L p d) Tho tt not applicable If this contract was entered Ithe United[States oz arty of his duly author- d°scr?bed in (b) and (c), above, for records G '.' Into by means of formal advertising. Iced representatives shall, until the ex-ph-ft.-which relate to (1) appeals uudr•:-the "Die- • !'. b) The Contractor Agrees that the Comp- then of 3 yeas after Anal payment under the'pules' visor.•, of this contract, (2) 11tIr;ntlon trolley General of the United States or any subcontract or such leaser Brno specified In or the settlement of olaLme arising out of the inset expenses of this contract, or (3) coots °K+*,ir2ofhisduly ,oriented representatives shalt, either Appendix M of rho Armed Cervices and expene ta of this contract ra to which ox- °: :.'yam?' until the expiration or 3 years after ffuall,P.ocuromont Regulation or the Podoral Pro- cc lion has been this con by the CUIhich llor RCr' payment under this contract or such letwericurement Itca-ulations Part 1-20, as nppro- ChnerN or any of his duly curie. orl ropre-Unto specified in either Appendix M of the prhlto, have access to and the right to I rnntatices,chilli continuo until each appeals, Armed Services Procurement Regulation or examine ally directly ttertinent'boot:n, docu-1 litigation, claims, or CYWptlone•l;AY6 UOCa, the Federal Procurement Regulations Part month, pa{'ere, and records of such tubcon-• disposed or,1-20, as appropriate have ,veers to and the tractor. Involving trunaactiottu related to thu)g tight to examine any directly pertinent books, subcontract.The term"subcontract"as used lt.._i documents, papers, and records of the con- In this clause exchtdes (1) purchaao order, itractor involving transaction related to thle not exceeding F2,600 and (2) aubcontractoral contract. Y '• ha• hC` y ` 7.. ,'c'_ .. -. , r 4"{ .:- r i w.r. . t- --,•. ',.. t _ rr 1 t a 5. 4:j t/.,,, 4 - 'N '}rf r 1, 'x-,,,,.' rt4 ? 3 w;, r 4'...t.: 5:4":. scs i-• ++•.:- .,,. y rt r....F,.'...*:• x r e AmenuiuenC Lo Standard Form 2-A, j,;„•.,. Page 3 T” r i••+_t;_;', Kr a>,.c.-_...—.-- _._ 2. CLEAN AIR AND WATER CERTIFICATION: Applicable only If the contract exceeds 4) The term "dean water r•tandarda" O5',,.w94! 6100.000.or the contracting officer bas deter- A° p.• aY`` minod that orders under an 1ndeP.ntto quasi- Means any enforceable limitation. eon- L lily contract In any ono year will exceed trot condition, prohibition, standard, or 100,000, or a facility to be used has been other requirement which is promu]gatCjthesubjectofaconv;ctlon under the C1atua pursuant to the Water Act or containedMrAct (42 U.S.C. 1057c-8(c)(1)) or the Fed- Ina permit issued to a dischal•I;el• by thetrotWaterPollutionControlAct (33 L's.o. Environmental Protection Agency or by a.con-4.1 1319(c)) and la llsfcd by EPA, or the con- State Under an a;'p:oved 1tract1anototherwlxexempt.) Iprogram,\ V, erauthorizedbysect:•••• 402 of the Water a) The Contractor agrees as follows: Act (33 U.S.C. 13 i .• or by local govern- meat to ensure corn pl ance with pretreat- fa'i'-4-1) To comply with all the require- ment regulations as required by section 0474"'„..• •. 307 of the Water Act (33 U.S.C. 1317), meals of section 114 of the Clean Air Act, as amended (42 U.S.C. 1057, et seq., 5) The term "compliance" means as amended by Pub. L. 91-604) and sec- compliance with c'l.oin air or water i Lion 308 of the Federal Water Pollution standards. Compliance shall also mean t• rr Control Act (33 U.S.C. 1251 et seq., as compliance with a schedule or plan or- amended by Pub.L.92-500),respectively, aered or approved by a court of comps- i' • relating to Inspection, monitoring, entry, tent Jurisdiction, the Environmentalrreports,and information,as well as other Protection Agency or an air or waterrequirementsspecifiedInsection114and j r section 308 of the Air Act and the Water pollution control agency In accordance Act, respectively, and all regulations and with the regain men s of the Alr Act or r".iur:guidelines issued thereunder before the Water Act and regulations Issued pur-74.P1'1 ." .all award of this contract. suant thereto. 1< `f° , r..2) That no portion of the worl-: re- 6) The term "facility" means any ta?;' ,.quircd by this prime contract will be per-building, plant, Installation, sl rtlrtuie,p cr formed in a facility listed on the Envi- mine, vessel or other !looting craft, 10-4 r a ronmental Protection Agency List of cation, or site of operations, owned,Violating Facilities on the date when this leased. or supervised by a•contra^tor or L. contract was awarded unless and until subcontractor, to be utilized in the per-the EPA eliminates the name of su(}1 formance of a contract or subcontract. 1' facility or facilities from such listing. Where a location or site of operations3) To use his best efforts to comply contains or includes more than one E with clean air standards and clean water building plant. Installation,or structure. lid Standards at the facility in which the the entire location or site shall be deemedcontractIsbeingperformed. • to be a facility except where the Direr- 4) To insert the substance of the pro- tor, Office of Federal Activities, Envimn- N`aO``- 14:, visions of this clause into any nonexempt ment Protection Agency,determines that ffie, subcontract, including this paragraph independent facilities are collocated in Rte" a)(4). one geographical area. . b) The terms used in this clause have t the following meanings: i'° 1) The term "Air Act" means the Clean Air Act, as amended (42 U.S.C. r, 1857 et seq., as amended by Pub. L. 91- Y- 604). 2) The term"Water Act"means Fed-y•.... cral Water Pollution Control Act, as amended (33 U.S.C. 1231 et seq., as amended by Pub.L.92-500), e-• 3) The term "clean air standards" • means any enforceable rules, regulations, inn guidelines,standards,limitations, orders, F , controls, prohibitions, or other require- r; • merits which are. contained in, Lssaled under, or otherwise adopted pursuant to the Air Act or Executive Order 11730, an applicable Implementation plan 04 do- acsitmd in section 110(d) of the Clean Air r:..,. Act (4] U.S.C. 18570-5(ct ), nn approved Implementation procedure or plan euieur 5 . Section 111(c) or section 111(d), respec- IS',r- tively, o.( the Air Act (42 U.S.C. 1857c--B r ' 6) or (d)), or an approveei ilnpkYncv- tatlon procedure tinder section 112(d.)P A., Of 12za Air Act (42 USX. Mlle.-7(d)). r L k yt^ a# vi'c4._. 4,, +„z1,.. r 4 t ''''; •-,.,..--.'7.•; 4. a 4 '* i r w 4R n. j4, RF,-''k J:• ,6 •/}L A v '' F ,•,,.=-...k n•t - re. 4 .•o h,;li .,,n'' rdw t :: . - t