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HomeMy WebLinkAbout72-77 RESOLUTION• • RESOLUTION NO.' T.? -71 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXE- CUTE A LEASE AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION FOR FLIGHT SERVICE STATIONS AT DRAKE FIELD. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk be, and authorized and directed to execute a lease Aviation Administration for Flight Service Drake Field. A copy of said lease, marked attached hereto and made a part hereof. PASSED AND APPROVED THIS G DAY OF ATTEST: CITY CLERK APPROVED: they hereby are, with the Federal Station space at Exhibit "A", is Ari„y,AJ41. 1977. MAYOR MICROFILMED DATE OCT 2 0 1978 REEL 1 y ther that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, a here segregated facilities are maintained. The bidder, offeror, applicant, or subcon- tractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas rest rooms and wash rooms, res- taurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking foun- tains, recreation or entertainment areas, transportation, and housing facilities provided for employees wh'ch are segre- gated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will ob- tain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in his files; and that he will forward the following notice to such pro- posed subcontractors (except where the proposed subcon- tractors 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 sub- mitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Oppor- tunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. NOTE.—The penalty f or making false statements in off ers is prescribed in 18 U.S.C. 1001. INSTRUCTIONS 1. Whenever the lease is executed by an attorney, agent, or trustee on behalf of the Lessor, two authenticated copies of his power of attorney, or other evidence to act on behalf of the Lessor, shall accompany the lease. 2. When the Lessor is a partnership, the names of the partners composing the firm shall be stated in the body of the lease. The lease shall be signed with the partnership name, followed by the name of the partner signing the same. 3. Where the Lessor is a corporation, the lease shall be signed with the corporate name, followed by the signature 3 and title of the officer or other person signing the lease on its behalf, duly attested, and, if requested by the Government evidence of this authority so to act shall be furnished. 4. When deletions or other alterations are made specific notation thereof shall be entered under clause 8 of the lease before signing. 5. If the property leased is located in a State requiring the recording of leases, the Lessor shall comply with all such statutory requirements at Lessor's expense. 11, S. GOVERNMENT PRIRTNG OFFICE : ,a]] 0 - 505-099 Standard Form 2-A May 1970 Edition Amendment to Standard Form 2-A, Page 3 2. CLEAN AIR AND WATER CERTIFICATION: (Applicable only if the contract exceeds 8100.000. or the contracting officer hse dater - mined that orders under an Inner -nits quan- tity contract In any one year will exceed $100,000. or a facility to he used has been Um subject of a conviction under the Clean Air Act (42 US C. 1957c-8 t c) (1)) or the Fed- eral Water Pollution Control Act (33 U.S.C. 1319(c)) and 13 listed by EPA, or the oon- tract is not otherwise exempt.) (a) The Contractor agrees as follows: I1) To comply with all the require- ments of section 114 of the Clean Air Act. as amended (42 U.S.C. 1857, et seq.. as amended by Pub. L. 91-6041 and sec- tion 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.. as amended by Pub. L. 92-500) , respectively, relating to lnspe..ctIon. monitoring, entry, reports, and Information, as well as other requirements specified In section 114 and section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines Issued thereunder before the award of this contract. (2) That no portion of the work re- quired by this prime contract will he per- formed in a facility listed on the Envi- ronmental Protection Agency List of Violating Facilities on the date when this contract was awarded unless and until the EPA eliminates the name of such facility or facilities from such listing. (3) To use his best efforts to comply with clean air standards and clean water standards at the facility to which the contract is being performed. (4) To insert the substance of the pro- visions of this clause Into any nonexempt Subcontract, including this paragraph (a)(4). (b) The terms used in this clause have the following meanings: (1) The term "Air Act" cleans the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub. L. 91- 604). (2) The term "Water Act" means Fed- eral Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub. L. 92-500) . (3) The term "clean air standards" means any enforceable rules, regulations, guidelines, standards, limitations. orders, controls, prohibitions, or other require- ments which are contained In, Lssued Under, or otherwise adopted pursuant to the Air Act or Executive Order 11738, an applicable Implementation phin as de- scribed In section 110(d) of the Clean Air Act (47 U.S C. 1857o -5(d)), an approved implementation procedure or ohm under section 111(c) or section 1]1(d), respec- tively, of the Air Act (42 U.S.C. 1857c-4 (1) or (d) ), or an approved implemen- tation procedure under section 112(d) of the Air Act (42 U.S.C. 19,57c -7(d)). (4) The term "e4ear water standards" means any enforceable limitation, con- trol, condition, prohlblUon, standard, or other requirement which is promulgated pursuant to the Water Act or contained in a permit issued to a discharger by the Environmental Protection Agency or by a State under aq approved program, as authorized by section 402 of the Water Act (33 U.S.C. 1342), or by local govern- ment to ensure compliance with pretreat- ment regulations as required by section 307 of the Water Act (33 U.S.C. 1317), (6) The term "compliance" means compliance with clean air or water standards. Compliance shall also mean compliance with a schedule or plan or- dered or approved by a court of compe- tent Jurisdiction, the Environmental Protection Agency or an air or water pollution control agency in accordance with the requirements of the Alr Act or Water Act and regulations issued pur- suant thereto. (6) The terra "facility" mean:: ane building. pia nt, Installation, shin tut e, mine, vessel or other floating emit, lo- cation. or site of operations, owned, leased. or supervised by a contractor or subcontractor, to be utilized In the per- formance of a contract or subcontract. Where a location or site of operations contains or includes more th:ii one building, plant. installation, or structure. the entire location or site shall be deemed to be a facility except whEr'e the Direc- tor, Office of Federal Activities, Environ- ment Protection Agency. determines that Independent facilities are collocated In one geographical area. • Attachment to SF 2-A - General Provisions 17. LISTING OF EMPLOYMENT OPENINGS (This clause Is applicable pursuant to 41 CFR 50-260 1f this contract la for *2.600 or more.) (a) The contractor agrees, In order to pro- vide special emphasis to the employment of qualified disabled veterans and veterans of the Vietnam ere. that all suitable employ- ment openings of the contractor which exist at the time of the execution of this contract and those which occur during the perform- ance of this contract. Including those not generated by this contract and Including those occurring at an establishment other than the one wherein the contract Is being performed but excluding those of Independ- ently operated corporate affiliates. shall he offered for listing at an appropriate local once of the State employment service system wherein the opening occurs and to provide( such reports to such local once regardlni employment openings and hires as may b required: Provided. That If this contract 1n fir lees than *10.000 or 1r It is with a State or local government the reports set forth In paragraphs (c) and (d) are not required. (b) Listing of employment opentnrs with the employment service system poem:ant In this clause shall be made at least con- currently with the use of any other recruit- :neut. service or effort and shell involve the normal obligations which attach to the placing of a bona fide Job order. Including the acceptance of referrals of vet ern ns end mmnyeteruns. This listing of employment 1'1'rntilgs does not require the hiring of any particular job applicant or from any par- ticular group of Job applicants. and noth- ing herein 1s intended to rel leve the enn- Iractor from any requirements In any statutes, F.recutico orders, or regulations re- garding nondiscrimination in employment. (el The reports required by pnrngngth Int of this clause shall include. but not be limited to, periodic reports which shall be tiled at least quarterly with the apprnprinte Wal office or, where the contractor has more than one establishment in a State, with the retinal once of the State employment service. Such reports shall indicate for each establishment (1) the number of Intl tridunla who were hired during the reporting period. 1111 the number of those hired who were dis- abled veterans. and (1:i) the number of Mese hired who were nondisnbled veterans If the Vietnam era. The contractor shall sub- mit a report within 30 days alter the end of each reporting period wherein any per- formance Is made under this contract. The contractor shall maintain copies of the re- 1 ports submitted until the expiration of 1 t year after final payment larder the contract. 1 during which time they shall be made mall- t able. upon request. for examination by any ( authorized representatives of the contract- 1 Ing officer or of the Secretary of Labor. Ids Whenever the contractor becomes cnn- Irnctually bound by the listing provisions of this clause, he shall advise the employment service system In each State wherein he has establishments of the name and location of each such establishment In the State. As lunges the contractor Is contractually hound to these provisions and has so advised the Mate employment system. there Is no need to advise the State system of subsequent euntrnets. The contractor may advise the State system when It Is no longer bound by this contract clause. le) This clause does not apply to the list- ing of employment openings which occur and are Med outside of the 50 States. the District of Columbia. the Commonwealth of Puerto Rico, Guam. and the- Virgin •lands. (t) This clause does not apply to open - Inge which the contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer -union hiring arrangement. This exclusion does not apply to a. particulnl opening once an employer decides to con- sider applicants outside of his own orgnnt- ninon or employer -unlet arrangement for that opening. IR) As used in this clause: (1) "All suitable employment openings" lurludes, but Is not limited to, openings which occur In the following job categories: Production and nonproduction; plant and nmee: laborers and mechanics; supervisory sold nnnsuperv•lsory; technical; and execu- tive, ndminletrative, and professional open- ings which are compensated on a salary basso of less than $18000 per year. The term Includes full-time employment. temporary employment of more than 3 days' duration, end part-time employment. It does not In- clude openings which the contractor pro- poses to fill from within his own organiza- tion or to flit pursuant to a customary and traditional employer -union hiring arrange- ment. 121 "Appropriate office of the State rio- jill pi Ir,, 1. service system" means the local attire or the Federal -State national system of public employment cloves with assigned responsibility for serving the riven of the esnlblluhinent where the ennplosmem open- ing is to be tilled, including the District, of Cohmthln, the Commonwealth of Puerto filen. t;unm, and the Virgin Islands. (31 "umenthes which the contractor pro- tides In nil from within his awn nrgaliz.a- Inn" n e Lits employment openings for which 0) rolisidorntnrn will It.. given to persons •u1>Idr 1I r contractor's own orculizatiou i acIodlitu nay affiliates. subsidiaries, and mom( et nlpnules). tend Includes any open- til;s will Ili the contractor proposes to fill tram, rriutarty established "recall" or "re- hire" Inst s. 141 "Openings which the contractor pro- poses • • • to fill pursuant to a customary and traditional employer -union hiring ar- rangement" means employment openings for which no consideration will be given to per- sons oittsldc of a special hiring nrnulge-- tnent. including openings which the contrac- tor propanes to 1111 from union halls. which Is part of the customary and traditional hiring rclatlonshlp which exists between the contractor and representatives of his employees. (5) "Disabled veteran" means a person entitled to disability compensation under laws administered by the Veterans Adminis- tration for a disability rated at 30 percentum or more. nr a person whose discharge or re- lease from active duty was for a disability Incurred or aggravated in line of duty. On "Veteran of the Vietnam era" means a person (A) who (1) served on active duty with the Armed Forces for a period of more that 180 days. any part of which occurred after August 5, 1964, and was discharged or relensed therefrom with other than a dis- honorable discharge, or (11) was discharged nr released from active duty for service -con- nected disability if any part or such duty was performed after August 5. 1964, and (B) who was so discharged or released within the 48 months preceding his application for employment covered by this clause. (h) If any disabled veteran or veteran of the Vietnam era believes that the contractor (or any first-tier subcontractor) has failed or refuses to comply with the provisions of this contract clattse relating to giving spe- cial emphnsls in employment to veterans. such veteran may file a complaint with the ecternns' employment representative at a local State employment service office who will attempt to Informally resolve the com- plaint and then refer the complaint with a report on the attempt to resolve the matter to the State office of the Veterans' Employ- ment Service of the Department of Labor. Such compinint shall then be promptly re- ferred through the Regional Manpower Ad- ministrator to the Secretary of Labor who shall Investigate such complaint and shall take such action thereon as the (nets and circumstances warrant consistent with the terms of this contract and the laws and reg- ulations applicable thereto. (1) The contractor agrees to place this clause (excluding this paragraph (f)) 1n any subcontract directly under this contrast. 18 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL (a) Thin clause Is applicable V the amount) (c) The contractor further agrees to in- or purchase orders Ior public utility services of Ibis contract exceeds *3.500 and was on -)elude In all file subcontracts hereunder • at rates established for uniform applicability tered into by menu of negotiation. including small business restricted advertising. but Is not applicable If this contract win entered into by meant, of formal advertising. (b) The Contractor agrees that the Comp- troller General of the United States or any of his duly authorised representatives shah. until the arptratlon of 3 years after final payment under this contract or such lesser tlnm specified in either Appendix M of the Armed /Services Procurement Regulation or the Federal Procurement Regulations Part 1-20, as appropriate, hove access to and the tight to examine any directly pertinent books, t documents, papers, and records of the con- tactor Involving transactions related to this Contract. provinlon to th• effeat that the suboontrae- Itor agrees that the Comptroller General of the United States of any of his duly author. 'zed representatives shall, tmtil the nobs- putestlon of 3 years after Ana payment under fire or Ibe clause Of this contract, (2) !nig-anonsubcontract or such leases time I or the settlement of claims arising *tut of the either A i specified esperformance of this Contract, or. (3) costa Appendix M of the Armed Services and expenses of contract as to which ei- lzrocurameet Regulation or the Federal Pro-! ceptlon has beenn taken by the Comptroller curement Regulations Part 2-20, m apPro- !General or any of his duly euthortred repre- prlintlne ane access to and the right to I sentences, shell continue until ouch appeals. menti, y y pertinent boots, doeu-I litigation, claims, Or •iceptlona tan bean papers, and records of (such subcon-1 disposed or, tractor, involving transartlons related to thol subcontract. Tho term "subcontract" as Used� In this clause excludes (1) purchase orders not exceeding *2,600 and (2) subcontractors to the general public. - • - • (d) The periods of somas and�oLtminntion described 1n (b) and (e), above, for records which relate to (1) appeals under the "DM- • • agency and the Secretary of Labor for purposes of investiga- tion to ascertain compliance with such rules, regulations, and orders. (f) In the event of the Contractor's noncompliance with the Equal Opportunity clause of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended, in whole or in part, and the Contractor may be declared ineligible for further Government contracts in accordance with procedures author- ized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies in- voked as provided in Executive Order No 11246 of Septem- ber 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The Contractor will include the provisions of para- graphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Execu- tive Order No. 11246 of September 24, 1965, so that such pro- visions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any sub- contract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 10. FACILITIES NONDISCRIMINATION. (a) As used in this section, the term "facility" means stores. shops, restaurants, cafeterias, restrooms, and any other facility of a public nature in the building in which the space covered by this lease is located. (b) The Lessor agrees that he will not discriminate by segregation or otherwise against any person or persons be- cause of race, color, religion, sex, or national origin in furnishing, or by refusing to furnish, to such person or persons the use of any facility, including any and all services, privileges, accommodations, and activities provided thereby. Nothing herein shall require the furnishing to the general public of the use of any facility customarily furnished by the Lessor solely to tenants, their employees, customers, patients, clients, guests and invitees. (c) It is agreed that the Lessor's noncompliance with the provisions of this section shall constitute a material breach of this lease. In the event of such noncompliance, the Gov- ernment may take appropriate action to enforce compliance, may terminate this lease, or may pursue such other remedies as may be provided by law. In the event of termination, the Lessor shall be liable for all excess costs of the Government in acquiring substitute space, including but not limited to the cost of moving to such space. Substitute space shall be obtained in as close proximity to the Lessor's building as is feasible and moving costs will be limited to the actual ex- penses thereof as incurred. (d) It is further agreed that from and after the date hereof the Lessor will, at such time as any agreement is to be entered into or a concession is to be permitted to operate, include or require the inclusion of the foregoing provisions of this section in every such agreement or concession pur- suant to which any person other than the Lessor operates or has the right to operate any facility. Nothing herein con- tained, however, shall be deemed to require the Lessor to in.lude or require the inclusion of the foregoing provisions of this section in any existing agreement or concession arrange- ment or one in which the contracting party other than the Lessor has the unilateral right to renew or extend the agree- ment or arrangement, until the expiration of the existing agreement or arrangement and the unilateral right to renew or extend. The Lessor also agrees that it will take any and all lawful actions as expeditiously as possible, with respect to any such agreement as the contracting agency may direct, as a means of enforcing the intent of this section, including, but not limited to, termination of the agreement or concession and institution of court action. (NOTE.—This provision is applicable if this lease wa- ego- tiated without advertising.) (a) The Lessor agrees that the Comptroller neral of the United States or any of his duly authoriz- • epresentatives shall, until the expiration of 3 years ter final payment under this lease, have access to an a right to examine any directly pertinent books, docu - s, papers, and records of the Lessor involving transa '.ns related to this lease. (b) The Lessor furth: agrees to include in all his subcon- tracts hereunder a : • Ision to the effect that the subcontrac- tor agrees that t. omptroller General of the United States or his repre . tives shall, until the expiration of 3 years after fin: ayment under this lease with the Government, have - ess to and the right to examine any directly pertinent documents, papers, and records of such subcontractor 12. APPLICABLE CODES AND ORDINANCES The Lessor, as part of the rental consideration, agrees to comply with all codes and ordinances applicable to the own- ership and operation of the building in which the leased space is situated and, at his own expense, to obtain all necessary permits and related items. 13. INSPECTION. At all times after receipt of Bids, prior to or after accept- ance of any Bid or during any construction, remodeling or renovation work, the premises and the building or any parts thereof, upon reasonable and proper notice, shall be accessi- ble for inspection by the Contracting Officer, or by architects, engineers, or other technicians representing him, to deter- mine whether the essential requirements of the solicitation or the lease requirements are met. 14. ECONOMY. ACT LIMITATION. If the rental specified in this lease exceeds $2,000 per annum, the limitation of Section 322 of the Economy Act of 1932, as amended (40 U.S.C. 278a), shall apply. 15. FAILURE IN PERFORMANCE. In the event of failure by the Lessor to provide any service, utility, maintenance or repairs required under this lease, the Government shall have the right to secure said services utilities, maintenance or repairs and to deduct the cost thereof from rental payments. 16. LESSOR'S SUCCESSORS. The terms and provisions of this lease and the conditions herein shall bind the Lessor, and the Lessor's heirs, executors, administrators, successors, and assigns. CERTIFICATION By the submission of this bid, the bidder, offeror, applicant, or subcontractor certifies that he does not maintain or pro- vide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies fur - 1. CERTIFICATION OF NONSEGREGATED FACILITIES. (Applicable to (1) contracts, (2) subcontracts, and (3) agreements with applicants who are themselves performing federally assisted construction contracts, exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause.) 2 Standard Form 2-A May 1970 Edition • GENERAL PROVISIONS, CERTIFICATION AND INSTRUCTIONS U.S. Government Lease for Real Property Lease No. DoT-FA77SW-1125 Trng/Exam. Rm. FSS, & Air Ground cousole GENERAL PROVISIONS Fayetteville, Arkansas 1. SUBLETTING THE PREMISES. The Government may sublet any part of the premises but shall not be relieved from any obligations under this lease by reason of any such subletting. 2. MAINTENANCE OF PREMISES. The Lessor shall maintain the demised premises, including the building and any and all equipment, fixtures, and ap- purtenances, furnished by the Lessor under this Lease in good repair and tenantable condition, except in case of damage arising from the act or the negligence of the Gov- ernment's agents or employees For the purpose of so main- taining said premises and property, the Lessor may at reasonable times, and with the approval of the authorized Government representative in charge, enter and inspect the same and make any necessary repairs thereto. 3. DAMAGE BY FIRE OR OTHER CASUALTY. If the said premises be destroyed by fire or other casualty this lease shall immediately terminate. In case of partial destruction or damage, so as to render the premises unten- antable, as determined by the Government, the Government may terminate the lease by giving written notice to the Lessor within fifteen (15) days thereafter; if so terminated no rent shall accrue to the Lessor after such partial de- struction or damage; and if not so terminated the rent shall be reduced proportionately by supplemental agreement hereto effective from the date of such partial destruction or damage. 4. ALTERATIONS. The Government shall have the right during the existence of this lease to make alterations, attach fixtures and erect additions, structures or signs in or upon the premises hereby leased, which fixtures additions or structures so placed in, upon or attached to the said premises shall be and remain the property of the Government and may be removed or otherwise disposed of by the Government. 5. CONDITION REPORT. A joint physical survey and inspection report of the de- mised premises shall be made as of the effective date of this lease, reflecting the then present condition, and will be signed on behalf of the parties hereto. 6. COVENANT AGAINST CONTINGENT FEES. The Lessor warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, percent- age, brokerage, or contingent fee, excepting bona fide em- ployees or bona fide established commercial or selling agencies maintained by the Lessor for the purpose of securing busi- ness. For breach or violation of this warranty the Govern- ment shall have the right to annul this lease without liability or in its discretion to deduct from the rental price or con- sideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. (Li- censed real estate agents or brokers having listings on prop- erty for rent, in accordance with general business practice, and who have not obtained such licenses for the sole purpose of effecting this lease; may be considered as bona fide em- ployees or agencies within the exception contained in this clause.) 7. OFFICIALS NOT TO BENEFIT. No Member of or Delegate to Congress, or Resident Com- missioner shall be admitted to any share or part of this lease 1 contract, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this ease contract if made with a corporation for its general benefit. 8. ASSIGNMENT OF CLAIMS. Pursuant to the provisions of the Assignment of Claims Act of 1940, as amended (31 U.S.C. 203, 41 U.S.C. 15), if this lease provides for payments aggregating $1,000 or more, claims for monies due or to become' due the Lessor from the Government under this contract may be assigned to a bank, trust company, or other financing institution, including any Federal lending agency, and may thereafter be further assigned or reassigned to any such institution. Any such assignment or reassignment shall cover all amounts pay- able under this contract and not already paid, and shall not be made to more than one party, except that any such assign- ment or reassignment may be made to one party as agent or trustee for two or more parties participating in such fi- nancing. Notwithstanding any provisions of this contract, payments to an assignee of any monies due or to become due under this contract shall not, to the extent provided in said Act, as amended,.be subject to reduction or set-off. 9 EQUAL OPPORTUNITY CLAUSE. (The following clause is applicable unless this contract is exempt under the rules, regulations, and relevant orders of the Secretary of Labor (41 CFR, ch. 60).) During the performance of this contract, the Contractor agrees as follows: (a) The Contractor will not discriminate against any em- ployee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. 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 or train- ing, including apprenticeship. The ontractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of this Equal Opportunity clause. (b) The Contractor will, in all solicitations or advertise- ments for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (c) The Contractor will send to each labor union or repre- sentative of workers with which he has a collective bargain- ing agreement or other contract or understanding, a notice, to be provided by the agency Contracting Officer, advising the labor union or workers' representative of the Contractor's commitments under this Equal Opportunity clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Contractor will comply with all provisions of Ex- ecutive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) The Contractor will furnish all information and re- ports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting Standard Form 2-A General Services Administration—FPR (41 CHR) 1-16.601 May 197� Edition 2-263 • • Lease No. DOT-FA77SW-1125 Trng./Exam. Rm., FSS, & Air Ground Console Fayetteville, Arkansas CORPORATE CERTIFICATE I, J447E5 /J. /22c,(1).4,, certify that I am the g% A ' nerf of the City of Fayetteville, Arkansas, named in the foregoing instrument; that 4I-ne52.4.0d-.4577c.(artio signed said agreement on behalf of the City of Fayetteville, Arkansas, was then mar r of said City, that said agreement was duly signed for and in behalf of said City by authority of its governing body, and is within the scope of its corporate powers. Dated this CORPORATE SEAL r% day of 'ep (etrrier , 1977. • Lease No. DOT-FA77SW-1125 Trng./Exam. Rm., FSS, & Air Ground Console Fayetteville, Arkansas 13. REPAIR AND REPLAC W ID( OF WINDOW COVERS: The Lessor agrees to repair or replace existing blinds, shades, and drapes as may be required and resulting from fair wear and tear during the Government's occupancy of the leased premises. SPECIAL LEASE PROVISIONS 9. RENEWAL OPTION: Lease No. DOT-FA77SW-1125 Trng./Exam. Rm., FSS, & Air Ground Console Fayetteville, Arkansas This lease may, at the option of the Government, be renewed from year to year at an annual rental of One Hundred Ten and No/100 Dollars ($110.00) and otherwise upon the terms and conditions herein specified. The Govern- ment'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 shad extend the period of occupancy of ,the premises beyond the 30th day of €c4taL.s ;/ffil; AND PROVIDED FURTHER, That adequate appropriations are available from year to year for the payment of rentals. The initial term of this lease shall be as stated in Article 2, Subsequent terms, if the renewal rights of this article are exercised are: October 1, 1977 through September 30, 1978; and thereafter from October 1 through September 30 of succeeding fiscal years. 10. INTERFERENCE WITH THE GOVERNMENT'S OPERATIONS: The Lessor agrees that in the event any 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 notified by the contracting officer, make every reasonable effort to eliminate the cause of such interference. 11. NON -RESTORATION: The Lessor and the Government hereby agree that, upon termination of the Government's occupancy of leased premises, there will be no obligation on the part of the Government to restore or rehabilitate the property of the Lessor. 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 the Government during its tenure. Notice of abandonment of any of the Govern- ment's property shall be in writing to the Lessor by the contracting officer. 12. INTERIOR PAINTING LEASED PREMISES: The Lessor shall accomplish interior painting and redecorating of the leased premises once every five years during the Government's occupancy of the leased premises under this lease or any renewal thereof. All painting or redecorating shall be accomplished by the Lessor using a washable paint of the Lessor's choice. _6._The Lessor shall furnish to the Government, as part of the rental consideration, the followings NONE. 7. The following are attached and made a part hereof: 1' The General Provisions and Instructions (Standard Form 2-A, May 197Q edition). 2. Special Lease Provisions, Articles 9 through 13. . ..:: . r , . & The following changes were made in this lease priorto its execution: . , Article 5 was deleted; Article 11 on Standard Form 2-A was deleted; Articles 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 written. - LESSOR CITY OF FA mlizVILLE BY (r.AN.ssre)raCith,, — nQ 4t UNITED STATES OF AMERICA MABr RQS L. (Sindt. e) WILLLAMS (Sig,aIure) (Address) Contracting Officer ----------- — (O/Fridsidside) STANDARD FORM 2 FITTIARY ISM EDITOR * as GOVERNMENT MUTING ORRICE : vu 0-214-773 • • • C C STANDARD FORM 2 FEBRUARY 1965 EDITION GENERAL SERVICES ADMINISTRATION FPR (41 CFR) 1-16.601 U.S. GOVERNMENT LEASE FOR REAL PROPERTY DATE OF LEASE LEASE NO. DOT-FA77SW-1125 THIS LEASE, made and entered into this date by and between whose address i. CITY OF FAYETPEVILLE, ARKANSAS City Hall Fayetteville, Arkansas 72701 and whose interest in the property hereinafter described is that of OWIIB1 hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WITNESSETH: The parties hereto for the considerations hereinafter mentioned, covenant and agree as follows: 1. The Lessor hereby leases to the Government the following described premises: • One roam in the Flight Service Station Building, consisting of approximately 160 square feet and one room consisting of approximately 60 square feet of space for the Air Ground Console, both being located at Drake Field, Fayetteville, Washington County, Arkansas, totaling 220 square feet of floor space, to be used for Training/Examination Room, Flight Service Station, and Air Ground Console, Fayetteville, Arkansas. 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on July], 1977 and renewal rights as may be hereinafter set forth. 3. The Government shall pay the Lessor annual rent of 410..00 One H1ladted..Tea-.and No/100 Dollars at the rate of x55. -O0 per . Gaver m.Bat..ae d- . nua1..period._. in arrears. through September 30,1977 , subject to termination Rent for a lesser period shall be prorated. Rent checks shall be made payable to: City Hall, Fayetteville, Arkansas 72701. wholly or in part 4. The Government may terminate this Iease/tt any time by giving at least thirt7 (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. CITY OF FAYETTEVILLE, provided notice be given i • to the Lessor at least days before the end of the original lease term or any rens. all other terms and conditions of this lease shall remain the same during any renewal term. 2-106 •