HomeMy WebLinkAbout124-80 RESOLUTIONRESOLUTION NO. 424430
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A LEASE WITH THE FEDERAL AVIATION
ADMINISTRATION FOR'SPACE IN THE OLD TERMINAL BUILDING
AT DRAKE FIELD.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk are hereby authorized
and directed to execute a lease with the Federal Aviation
Administration for space in the old terminal building at
Drake Field. A copy“of the lease authorized for execution
hereby is attached hereto, marked Exhibit "A" and made a
part hereof.
PASSED AND APPROVED this A<e4 day of /12p at
198.
11/4"10,47HAST:
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Dam , P I TY -t
CITY CLERK
APPROSFED :
‘17
CERTIFICATE OF RECORD:
Stzte of Arkansas ( SS
City of Fayetteville
I, Vivian Koettel, City Clerk and Ex -Officio
recorder for the City of Fayetteville, do here-
by
ero-by certify that the annexed or foregoing is
of record in my office and the same ap-
pears is Ordinance & Resolution book
%--at page G6 Witness my.
ha:. ;up?' t,.: O flay of
:Cit 19 !
Cay Ger:: Ex -Officio ecorder
MICROFILMED
•
STANDARD FJRM 2
FEBRUARY 1965 EDITION
GENERAL SERVICES
ADMINISTRATION
OtFPR (IICFR) I-16.601
'OA TE.OFTEASE'
?..�
jTHl.S'LEi&SE, made and entered into this date by and between
-,n
U.S. GOVERNMENT
LEASE FOR REAL PROPERTY
raddress is
LEASE NO
CITY OF FAYETTEVILLE, ARKANSAS
Post Office Drawer F
Fayetteville, Arkansas 72701
and whose interest in the property hereinafter described is that of
DTFA07-81-L-01017
owner
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:
I. The Lessor hereby leases to the Government the following described premises:
Approximately 550 sq. ft. of office space located in the old
terminal building, Drake Field, Fayetteville, Arkansas, as more
particularly set forth in Article 9 and Exhibit "A" attached
hereto and made a hereof.
to be used for
Federal Aviation Administration's Airway Facilities Sector
Field Office (SFO)
2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on
January Z6, 1981 through September 30, 1981 , subject to termination
and renewal rights as may be hereinafter set forth.
3. The Government shall pay the Lessor annual rent of s ---.3-1-57.5x99
at the rate of $ 893.75 per Federal Gov't. fiscal quarter
Rent for a lesser period shall be prorated. Rent checks shall be made payable to: LESSOR
in arrears.
to the Lessor and no rental shall accr
on. a.
notice shall be computed commenc-
provided notice be given in
or any renewall other terms and conditions of this lease shall remain the same during any renewal term.
to the Lessor at least days before the end of the original lease term
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•
9. SPACE SCHEDULE: Complex of three rooms.
BARE SPACE
SQ.FT. RATE SQ.FT. TOTAL
550 $5.00 $2,750.00
Lease No. DTFA07-81-L-01017
Airway Facilities Sector
Field Office (SFO)
Fayetteville, Arkansas
ELECTRICITY/
GAS RATE SQ.FT. TOTAL
$1.50 $825.00
r
TOTAL RATE
SQ.FT. BARE
SPACE'& UTILITIES
$3,575.00
10. CANCELLATION:
The Government shall have the right and privilege to cancel this lease,
wholly or partially, at any time during the term of this lease or during the
term of any renewal thereof upon giving the Lessor thirty (30) days written
notice, such notice to be computed from the date of the postmark on the envelope
in which such cancellation notice is mailed, and no rentals shall accrue after
that date; EXCEPT, that portion of the lease pertaining to utilities services
(calculated iii this lease at $1.50 per sq. ft.), which may be RENEGOTIATED by
either party upon thirty (30) days written notice as defined above, and the
monetary consideration of this lease adjusted therefor.
11. NON -RESTORATION:
It is hereby agreed between the parties that upon termination of its
occupancy the Government shall have no obligation to restore and/or rehabilitate,
either wholly or partially, the property which is the subject matter of this
lease. It is further agreed that the Government may abandon in place any or all
of the structures and equipment installed in or located upon said property by the
Government during its tenure. Notice of abandonment will be conveyed to the
Lessor in writing.
12. VEHICLE PARKING:
1
The Lessor shall provide, free of charge, parking spaces in the immediate
vicinity of the leased premises for Government-owned vehicles, vehicles of
Government employees working at the facility, and vehicles of visitors; said
spaces are same spaces covered by Lease No. DTFA-07-80-L-01194.
•
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Lease No. DTFA07-81-L-01017
Airway Facilities Sector
Field Office (SFO)
Fayetteville, Arkansas
•
•
13. UTILITIES (GAS/ELECTRICITY) and HEATING/COOLING SYSTEMS:
The Lessor shall furnish as part of the rental consideration the utilities
(gas/electricity) and heating/cooling systems as stated below. The Lessor
will be paid by the Government for utilities through the gas/electricity
rate paid per sq. ft. (See Articles 9 and 10 of this lease.).
a. Heating, Air Conditioning, and Mechanical Ventilation Systems: The
Lessor shall furnish heating, air conditioning, and ventilation systems which
are capable of maintaining inside temperatures in the range from a low of
70 degrees during the heating season to a high of 78 degrees at all times
throughout the entire leased premises regardless of outside temperatures.
b. Electricity: The Lessor shall furnish, as part of the gas/electricity
rate per sq ft., current for lights, air conditioning, communications and
office machines. During the air conditioning season, temperatures shall be
maintained from 78 to 80 degrees F.
c. Gas: The Lessor shall furnish, as part of the gas/electricity rate
per sq. ft., gas for the heating system. During the heating season,
temperatures shall be 65 to 68 degrees F.
GENERAL PROVISIONS, CERTIFICATION AND INSTRUCTIONS
U.S. Government
Lease for Real Property
Lease No OWAO7 81 1-01017
AF Sector Field Office (SFO)
Fayetteville, Arkansas
contract, or to any benefit that may arise therefrom; but
this provision shall not be construed to extend to this lease
contract if made with a corporation for its general benefit.
GENERAL PROVISIONS
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, orcontingent 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
8. ASSIGNMENT 6F CLAIMS.
Pursuant to the provisions of the Assignment of Claims
Act of 1940, as amended (31 U.S.C. 203, 41 U.S.C. 16), 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 financinginstitution,
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; layoffor termination; rates of
pay or other forms of compensation; and selection for train-
ing, including apprenticeship. The Contractor 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 Semites Administration—FPR (41 CFR) 1-16.601
May 1970 Edition
2-203
•
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 209 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 Un'ted 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
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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.
ITE.—This provision is applicable if this lease was nego-
bated out advertising.)
(a) Th ssor agrees that the Comptroller General of the
United States any of his duly authorized representatives
shall, until the e •'ration of 3 years after final payment
under this lease, have cess to and the right to examine any
directly pertinent books, •cuments papers, and records of
the Lessor involving transac - • s related to this lease.
(b) The Lessor further agree . include in all his subcon-
tracts hereunder a provision to the e t that the subcontrac-
tor agrees that the Comptroller Genera the United States
on of 3 years
or his representatives shall, until the expi
after final payment under this lease with the overnment,
have access to and the right to examine any directl - rtinent
books, documents, papers, and records of such subcon - tor
•
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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 perform'ng
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 1999 Edition
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£
.1
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Amendment to Standard Form 2-A,
Page 3
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2. CLEAN AIR AND WATER CERTIFICATION:
(Applicable only If the matratt monads
11100,000. or the contraeUag omoer baa dater -
shined that order under as indetnite quasi -
thy contract m any one year will trend
•100000, or a facility to be used baa been
the subject of • mn,ICUOt under the Clean
Ale Act 142 US.C. 1957o11(C) (1)) or tba Pod -
era' Water Ponutlon Control Act (83 1S.C.
1310(c)) and Is listed by EPA, or the mn
trset L not otherwise tempt.)
(a) The Contractor agrees es follows:
(1) To comply with all the require-
ments of section 114 of the Clean Air
Act. as amended (42 U.H.C. 1857, et seq.,
as amended by Pub. L. 91-604) end sec-
tion 308 of the Federal Water Pollution
Control Act (33 U.B.C. 1251 et seq.. as
amended by Pub. L. 92-500) , respectively,
relating to inspection, 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 In which the
contract Is being performed.
14) 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" means the
Oars Air Act, es amended (42 U.S.C.
1857 et seq., as amended by Pub. L. 91-
804).
(2) The term "Water Act" means Fed-
eral Water Pollution Control Act, Si
amended (33 D.B.C. 1251 et seq., es
amended by Pub. L. 93-500).
(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, Issued
under, or otherwise adopted pursuant to
the Air Act or Executive Order 11738, an
apvUcad le Im%eaeatatlon plan at de-
scribed In secttm 110(d) of the Clean Air
Act (41 D.B.C. 185te-0(41) ), an approved
Implementation procedure or plata under
section 111(c) or section 111(d),respec-
tively, of the Alr Act (42 V.B.C. 1B57e-4
(0 or (d) ), of an approved tmplerne7-
taUoo procedure under section 11214
ted the Air Act 142 D.S.C. 1B67e-7(d)).
(4) The term "Sean rater standards"
means any enforceable limitation, eon-
troL condition, prohibition, 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 ait approved program, as
authorized by section 402 of the Water
Act (33 U.B.C. 1342), or by local govern-
ment to ensure compliance with pretreat-
ment regulations as required by section
307 of the Water Act (93 U.S.C. 1317).
(5) 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 Jurlsdlctlon, the Environmental
Protection Agency or an aft or water
polluUon control agency In accordance
with the requirements of the Air Act or
Water Act and regulations issued pur-
suant thereto.
(6t The term 6/natty" mean:. any
building. plant, Installation. strurtwr.
mine. vessel or other floating cra:t, M-
ention. Or Site of operations, owned.
leased or supervised by a contractor m'
Fubcontrar tor. to be utilized In the per-
formance of a contract or subcontract.
Where a lot ation or site of operations
contains or includes more than one
building. plant. Installation. or structure.
the entire location or site shall be deemed
to be a facility except whr.re the Direr -
tor, °Ince of Federal Activities. Environ-
ment Protection Agency, determines that
Independent facilities are collocated in
one geographical area.
it
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1-1 S
s"`ther that he will not maintain or provide for his employees
-s any segregated facilities at any of his establishmentsand
that he will not permit his employees to perform their services
at any location, under his control, where 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
CERTIFICATIQNS 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).
Nom: The penalty for making false statements in offers
is prescribed in 18 U.S.C. 1001.
NOTE.—The penalty for 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.
U. S. GOVERNMENT PRINTING OFFICE : 1903 0 - 505-899
Standard Form 2-A
May 1970 Edition
Attachment tb SP 2-A - General Provisions
17. LISTING OF EMPLOYMENT OPENINGS
(This clause b appticable pursuant to 41
CPR i0 -2i0 if this soatrsct Is for PACO or
atme.)
(s) The contractor agrees, in order to pro -
wide special emphasis to the employment of
quaimed disabled veterans and veterans of
the Vietnam an, that all suitable employ-
ment openings of the contractor vetch exit
.at the time of the execution of this contract
and those welch occur during the perform -
since Of this contract. Including those not
generated by this contract and Including
those occurring at an establishment other
then the one wherein the contests S being
performed but excluding those of Independ-
ently operated corporate afallates, shall be
mend for listing st en appropriate local
ellen of the Elate employment service syste
Wherein the Opening occurs and to ;world
suchreports to ouch local emee ngudln:-
employment opening and hires u may
requited: Provided. That If this contract Is
he Is than 610.030 or U at Is with a State
or local guvarnmsnt tie reports set forth In
paragraphs (c) and (d) rye not required.
Ib1 Listing of employment openings with
the employment atrvlte system pursuant
In Ihu elopes shall be made at least eon-
eurnutly with the use of any other recruit-
ment service or effort and shall Involve the
stromal obligations whlrh attach to the
placing of ► bons fide Job order. including
the arceptanee of referrals of veterans and
Innveterans. Tau listing of employment
openings does not require the hiring of any
1,arlkufar'Job applicant or from tiny per -
limier group of Job applicants. and noth-
ing herein U intended to releve the enn-
Innor from any requirements In any
mantes. Executive orders. of regulations re-
prding nondiscrimination In employment.
lel The reports required by paragraph lei
.4 this CAM{ shell Include. but not be
Smlttd to. periodic reporU which mall be
ni d at lout quarterly with the approprfnte
torsi office or. when the contractor has more
than one establishment In a State. with the
mitred *nice Of the State employment
rendre. Such reports shall Indicate for each
wtabllshment (1) the number of lndlvldunla
atm were hired during the reporting period.
1111 the number of those hired who were iris -
Wiled veterans. and pill the number of
three hired who were nondlsabled veterans
d the Vietnam en. The Contractor than sub.
silt a report within 30 days atter the end
d each reporting period wherein any per-
formance is made under this contract. The
contractor shall maintain copies of the re-
pots submitted until the expiration of 1
yew sur final payment under the contort.
during which time they shall be moue *vell-
e b1e. upon request. for examination by any
authorized representatives of the contract-
ing calker es of the Secretary of L.bor.
(d) Whenever the contractor becomes con-
tractually bound by the listing provtslo S of
cob clause, he shall advise the employment
entice system in each State wherein he
has ntsbltshments of the name and location
of each such establishment In the State. As
Inns at the contactor fa contractually bound
to these provisions and hu so ...lased the
taste employment system, there U no need
In advise the State system d subsequent
roousets. The contractor may advise the
Stale system when It i no longer bound by
to contract clause.
11) This clause does not apply to the list-
ing of employment opening Thieh occur
and an riled outside of the eo Sutra, the
Intrict of Columbia. the Commonwealth
rat Puerto Elco, Ouam, sad the VVgl
Idsndt.
11) This dose does not apply to open -
lap which the contractor proposes MMI
from within his ownwnorganization Or tt o MI
pursuant to a customer; and tndltlonal
employer-onloh btring .nsneement. This
nrluuon does not apply to a partkulae
opening once an employer decides to con-
sider applicants outside of his own argent -
ration or employer -union arrangement tor
Oat opening.
(el Si used In this clause:
11) "A11 suitable employment openings"
boludes, but la not limited to. openings
:which occur In the following job categories:
Iivmuctlon and eonproductlon) plant and
infect laborers and mechanics; eupenuory
•cud nonsupervlsory; technics]; and execu-
tin, administrative, and professions open -
lies which are compensated on a salary
Im•1. of len than 021.000 per year. The term
includes full-time employment. temporary
employment of more than 0 days' duration,
aid pan -some employment. It does not In-
clude openings which the contractor pro-
poses to fill from within hal own organta-
tnn or to ell pursuant 10 a customary and
traditional employer -union hiring arrange-
ment.
(21 `Appropriate once of the State an-
ph,ynutnt service system" menu the lore
awe of the Federal -State national system
of public employment omces with Luigl.ed
responsibility fur serving the area of the
esn.hlhb,ncnt when the employment open-
ing ts IG be tolled, including the Ditrlet of
Columbia. the Commonwealth of Puerto
Mtn. Gram. and the Virgil Islaodc.
(21 "Openings whlrh the contractor pm-
Iro.es to till (ruin within hes own orgnilrA-
111o1• swans einploymrrt openings fur which
no enu.idrratlw, w111 t••• given to persons
,nu.hlr the contractor's own orEeulratk,i
instilling any affiliates. subsId artrs, and
parrot r.aupenles), and Includes any open -
inn whirl, the contractor proposes to all
conn renularly established "retort" or 're-
hire"
mhire" ISO w.
18 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL
(a) This elause 1. applicable V the amount
d fhb contract esceeds 3,100 and cos en-
tered Into by means of negotiation, Including
email blueness restricted adverttalog, but Is
Dot applicable 11 this contract was intend
Into by means of forms' advertising.
(b) The Contractor agrees that the Comp-
troller General of the Visited States or any
of hu duly authorized representatives shW,
until ths eryvatmn of t years a!Wr nose
payment under this contrast or Ruth lesser
time speclaed m either Appendta )d of the
Armed Services Procurement Regulation or
the Federal Procurement Regulsteons Part
1-20. as appropriate, hast access to end lbs
rIylgbt toexamine any directly pertinent boots,
`documents- papers, and records of ths con-
tactor Intoleing Van/sections related to tela
le) "Openings which the contractor pro-
poses • • • to Alt pursuant to a customary
and traditional employer -union hiring u•
range:unit" it" means employment openings for
which no consideration will be given to per-
sons outside of a special hiring arrange-
ment. Including openings which the
prop(wes to nil from union halls. which
is pan of the customary and traditional
hiring relationship which •ztsts between
the contractor and representatives of his
employees.
(a) "Disabled veteran- means a person
entitled to disability compenutlon under
laws administered by the Veterans Adminis-
tration for • disability rated at 10 penentum
or more, or a person whose discharge or re-
lease fmm active duty was tor a disability
Stunned or aggravated In line of duty.
(d) "Veteran of the Vietnam ere" means a
person (A) who (1) served on strive duty
with the Armed Forces for $ period of more
than 100 dap. any put of which occurred
after August 5. 1964. and wet discharged or
released therefrom with other than • dis-
honorable discharge. or (11) wits discharged
er released front active duty for service -con-
nected disability If any part of such duty
was performed after August 0. 1964. and (B)
who was so dlseharged or released within
the a months preceding his application tor
employment covered by this clause.
(b) If any disabled veteran or veteran of
the Vleulam ea believes that the contactor
(or any nrst•ner subcontractor) hu felled
or refuses to comply with the provision of
this Contract clause relining to giving spe•
cial emphasis In employment .to veterans.
such veteran may ale a complaint with the
veterans employment representative at a
local State employment service office who
will attempt to Informally resolve the com-
plaint and then refer the complaint with ■
report on the attempt to resolve the matter
to the State omce of the Veterans' Employ-
ment Service of the Deputment of Labor.
Such completnt shall Nen be promptly re-
ferred through the Regional Manpower Ad-
ministrator to the Secretary of Labor who
shall Investigate such complaint and shall
take suds action thereon as the facts and •
circumstances warrent consistent with the
terms of this contract and the laws and reg-
ulations epplfcable thereto.
(1) The contractor agrees to plea this
ODDS! (escludIng tau paragraph (p) In any
•uboontrset directly under this contract.
(c) The contractor further agrees to In-
clude In as es rubcontrscts hereunder a
provision to the effect that the sutwontrae-
tor agrees that the Comptroller Central of
finked Motel to any d Iii Stay author.'
representative Shall, tmta the elfpta-
lon oft fres after trial payment under the
eubeontndt or Net baser-iime specified to
either Appendix 11 of the Armed Lbnfoe
Procurement Regulation or the Pty Tel Pyo.
cursment Regulations Part 1-10, Y appro"
prfats, ban san 10 and ape fight to
examine Lay directly prttant'.bosta, dont-
manta. papers, and records of Nab eubcon-
tracw, Undying transactions Palated he the
Iubeontnet Ito term ssubaoatnet• *1 used
in this clause excludes (1) pt,... -.e order
apt ezeudtng S2J100 sod (1) paaootst.ctQa
er purchase order tot pnbile RtWIt" anter
at rate ntabttshed fm t1nlform applicability
Io the genera' public. :-- sti -•
described (b(JjLidso(eaj inn, f notate
which relate to (I) impale under the "Rs-
pUlte ODIUM of Chia matraet, (1) tttgatbn
or the settlement of Calms arising oat of the
performance d tui contract, ce.(1) sats
and expense of tui contract as to *bleb ex-
ception tom been eaten by tan Gompttonsr
General or say of his duty sutbortaed repro.
sentativea, avail 000ttnw until troth appeals,
ftlgsttioon SLlm& a emsptlopls Ran Wan
(RIOSIsd at
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Lease No. DTFA07-81-L-01017
Airway Facilities
Sector Field Office (SFO)
Fayetteville, Arkansas
CORPORATE CERTIFICATE
C
/'om) , certify that I am the y_CQa..0u)
of the Corporation named in the foregoing agreement, that JJ,h,��
who signed said agreement on behalf of said corporation, was then
k0/7)G o&J thereof, that said agreement was duly signed for and in behalf
of said corporation by authority of its governing body, and is within the
scope. of its corporate powers.
1
Dated this c9 A0( day of1g oPO
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!y
CORPORQTESEAL
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