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HomeMy WebLinkAbout84-80 RESOLUTIONRESOLUTION NO. 21- YO • A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE WITH THE FEDERAL AVIATION ADMINISTRATION FOR SPACE IN THE OLD AIRPORT 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 Airport Terminal Building. A copy of the lease authorized for execution hereby is attached hereto, marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this �__ day of r�avz� ATTEST': �f e CLERK c •/`-. APPROVED: 1980. MICROFILMED CERTIFICATE OF RECORD State of Arkansas ( SS City of Fayetteville 1, Bonnie Goering, City Clerk and Ex-Offici•) recorder for the City of Fayetteville, do here- by certify that the annexed or foregoing i of record in my office and the same ap- pears in Ordinance Ge Resolution book at page Witness my hand and se this /'K -1 -‘day oz , City Clerk and Ex-Offiri:; 11 it .., • STANDARD FJRM FEBRUARY 1965 EDITION GENERAL SERVICES, ADMINISTRATION FPR (Ai CFR)1t.i€.E011 U.S. GOVERNMENT LEASE FOR REAL PROPERTY DATE OF LEASE • LEASE NO. DTFA07-80-L-01194 THIS LEASEfmaJetand Sentered into this date by and between •. t .'11 ,'CITY OF FAYETTEVILLE, ARKANSAS whose address s,)•'Post Office Drawer F Fayetteville, Arkansas 72701 and whose interest in the property hereinafter described is that of 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: 1. The Lessor hereby leases to the Government the following described premises: See Article 9 for Space Schedule. to be used for Federal Aviation Administration's Flight Service Station (FRS) and Airport Traffic Control Tower (ATCT) Chief's Office 2. TO HAVE AND TO HOLD the said premises wiih their appurtenances for the term beginning on July 1, 1980 through September 30, 1980 g , subject to termination and renewal rights as may be hereinafter set forth. • 3. The Government shall pay the Lessor annual rent of $ 12, 290.00 at the rate of S 3,072.50 per Federal Gov't. fiscal quarter Rent for a lesser period shall be prorated. Rent checks shall be made payable to: Lessor in arrears. 4. The Government may terminate this leasel/a'i rt am°Gy gi:�1n at"ll as( thirty (30) days' notice in writing to the Lessot 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. provided notice be given i g to the Lessor at least days before the end of the original lease term or any ren e m; all other terms and conditions of this lease shall remain the same during any renewal term. 2-106 • 314(0 u'ILNINd YN:IV N113 VO:) 5'.1 (2(Pl Ir! •)/Q) aaoi330 2uiaoeaauoa ‘61I131111!0531V15 0111N0 0 3JN3S3tld NI SVSwgxxv `az'uAallalva dO 1113 805531 •ua)lum a.sogr )say a)ep ay) Jo sr sameu nays pagpisgns o)unanay a.sry onion sa!l3ed ay1 'J0313H4\ SSINIIA NI •v -Z mod paepueas oa pappe aze `£ a2ed se palou 'Z auampuamy pue `81 Pae LT saTozaay •paaalap sT V -Z uuoa pzepueas uo TT aTDTa1V '01 aT°TaaV oa pappe aze II•zossal aqa pue„ spzoM aq1 •paaaTap sl S aPTaaV '7 aToiaaV oa pappe aze IIXTTeiazed ao 6TTognu spzot aq1 :uopinaxa si' of loud aseaj 5147 u1 apew grans saucy % w.nopoj ata •8 '(uompa '81 gSnoaya 6 sajotalV 'Z OL6T £eid V -z uJ of piepoeng) suoI7Jnnsaj put S110!9n0)d jnnaoao ma • loamy Ind a apew pue payJeue air au,.uopoj ayy y 'LT Plle 91 45T `71 saT0?a-V aas :aui.aojjoj ay7 'uonenapisuo3 [MUM ay) JO ued se ')aawuIaA09 ay) 01 yslmn) jjrys 10S521 ayy •9 • • • • 9. SPACE SCHEDULE: FSS Chief's Office ATCT Chief's Office Operations Room Pilot Briefing Area Training/Conference Room Service Area Equipment Room Ready Room TELCO Room Mechanical Equipment Room Men's Restroom Women's Restroom Storage Areas (2) Hallways rl Lease No. DTFA07-80-L-01194 FSS/ATCT Chief's Office Fayetteville, Arkansas 144 182 376 293 165 83 451 147 116 91 49 30 122 209 2,458 RATE PER SQ FT. BARE SPACE $5.00 $5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 1 ANNUAL TOTAL 720.00 910.00 1,880.00 1,465.00 825.00 415.00 2,255.00 735.00 580.00 455.00 245.00 150.00 ..610.00 1,045.00 .$12,290.00 • • • Lease No. DTFA07-80-L-01194 FSS/ATCT Chief's Office Fayetteville, Arkansas 10. FUNDING RESPONSIBILITY CLASS I - II FACILITIES' The airport owner agrees that any relocation, 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 impair 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 and the Lessor. CLASS I FACILITIES Remote Transmitter/Receiver (Tower) Airport Traffic Control Tower Airport Surveillance Radar Airport Surface Detection Equipment Precision Approach Radar ILS and Components ALS and Components CLASS II Long Range Radar Air Route Traffic Control Centers Remote Control Air -Ground Communication Facility 11. RENEWAL This lease may, at the option of the Government, be renewed from year to year at an annual rental of TWELVE THOUSAND TWO HUNDRED NINETY AND NO/100 DOLLARS ($12,290.00) payable in the amount of THREE THOUSAND SEVENTY TWO AND 50/100 DOLLARS ($3,072.50) per Government fiscal quarter in arrears; and otherwise upon the terms and conditions herein specified. The Government's option shall be deemed exercised and the lease renewed each year for 1 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 thirtieth (30th) day of September 1981, AND PROVIDED FURTHER, that adequate appropriations are available from year to year for the payment of rentals. Visual Landing Aids Direction Finding Equipment VOR, TVOR, and VORTAC (Instrument Approach) Weather Observing and Measuring Equip. (Owned and operated by FAA) Central Standby Power Plant FACILITIES VOR and VORTAC (en route only) Flight Service Station Remote Communications Outlet Limited Remote Communications Outlet Other en route facilities • e I • :2. NON -RESTORATION: • Lease Not4,DTFA07-80-L-01194 FSS/ATCT Chief's Office Fayetteville, Arkansas 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, other than to orderly remove its equipment therefrom. 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. Notice of abandonment will be conveyed to the Lessor in writing. 13 INSTALLATION OF ANTENNAS POWER CABLES CONTROL CABLES AND OTHER APPURTENANCES The Government shall have the right and privilege to install and maintain an ultra high frequency radio antenna platform atop any building deemed necessary except the new terminal building; and to install and maintain antenna wires and appurtenances on top of the Flight Service Station Building, or such other location on the airport property, except the new terminal building, as deemed necessary, together with the right to install such necessary 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 to install and maintain underground cable from the Engine Generator site to the Flight Service Station Building. 14. INTERIOR PAINTING LEASED PREMISES: Lessor shall paint the premises at initiation of lease and shall accomplish repainting of the leased premises not less than once every five (5) years of Government occupancy under this lease or any renewal thereof. 15. VEHICLE PARKING AREA: The Lessor shall provide, free -of -charge, twenty-three (23) parking spaces as follows: 10 spaces along curb on west side of FSS. 10 spaces across street on west side of FSS in old metered parking area. 3 spaces between FSS and old terminal building. Said spaces to be used for vehciles the facility, Government-owned vehicles, of Government employees working at and vehicles of visitors. 16. REPAIR AND REPLACEMENT 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. The Lessor shall not be responsible for damage done to same by Government or authorized agents; nor is the Lessor responsible for cleaning. • Lease No. DTFA07-80-L-01194 FSS/ATCT Chief's Office Fayetteville, Arkansas 17. UTILITY HEATING AND COOLING SYSTEM: The Lessor shall furnish to the Government as part of the rental consideration, the following: Heat and air conditioning equipment, including maintenance, repair and`teplacement thereof; plumbing fixtures and wall outlets, including maintenance, repair, and replacement but will not furnish natural gas, electricity, and/or water. Gas, electricity, and water will be contracted for by the Government under separate arrangements. 18. 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 on the leased premises, the Lessor shall, upon being notified by the contracting officer, make every reasonable effort to eliminate the cause of such interference. • GENERAL PFS._; ,BIONS, CERTIFICATION A( _ INSTRUCTIONS U.S. Government Le 1. SUBLETTING TILE 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 ernment's agents_ main- taining said or employees. For the purpose of Gov tainin s d pre aisesw n&property, the Lessor so y at Government roes, and with in charge, of the may ed same and make any necessaryrsr hnrer and inspect ]the 3. DAMAGE BY FIRE OR RrepairsSthereto. OTHER CASUALTY. If the said premises be destroyed by fire or other casualty n this lease shall immediately terminate. In case of partial P o destruction or damage, so as to render the premises unten- d antable, as determined by the Government, the Government s Lessor terminate then lease by giving written notice to the no rent Shan accruee(15) days thereafter; if so terminated no or damage; to the Lessor after such9' de- struction rte g and if not so terminated the rent shall be reduceduc from proportionately by supplemental agreement hereto ex the date of such partial destruction or damage. th 4. ALTERATIONS. The Government shall have the right duringag this lease to make alterations, attach fixtures eandserect PI .additions, structures or signs in or upon the premises hereby re] leased, which fixtures, additions or structures so placed in, affi upon or attached to the said premises shall be and remain an then property of the Government and may be removed or re Posed of by the Government. 5. CONDITION REPORT. Sue A joint mtsed Premises shall bsical eand inspection report of the de- Pay mase, reflecting the then made as of the effective date of this 'ng' on behalf of the parties hereto.lent condition, and will be signed Iv for 6. COVENANT AGAINST CONTINGENT FEES. au Off, The Lessor warrants that noor clen been employed or retained to solicit or secure sellthi ling ease upon (e an agreement or understanding forst age, brokerage, f for,a commission, upon ratio g or contingent fee, excepting Percent- fore ployees or bona fide established commercial or seliina fide em - maintained by the Lessor for the natio ness. For breach or violation of this warrantythe governs (c) Purpose of securing burr- sesta ment shall have the right to annul this lease wihout liabilit tog a or in its discretion to deduct from the rental sideration, or otherwise recover, to be commission, era the full amountPrice or con- labor omma real Pe naage' brokerage, or contitc. such comm, censederty for rent,estate accordance ents or brokers having listing on prop- (Li- post 0 and who havebusiness s r not obtained such licenses fothe soleopractice, of effecting this lease; nma es) clauseployees or agencies Y be considered as bona purpose Laboecutr., clause.) within the exception fide em- rules, P contained in this Labor. 7. OFFICIALS NOT TO BENEFIT. (e) T No Member of or Delegate to Con Ports a missioner shall be admitted cress, or Resident Com- 24, 196 to any share or part of this lease Secreta access GENERAL ase for Real Property :.Lease No. DTFA07-80-L-01194 PROVISIONS FSS/ATCT Chief's Office 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. 8. ASSIGNMENT OF CLAIMS. ursuant to he ons of the Act of 1940, astamendedt(31 U.S.C. 203,841 U.S.C. 15)ment of , f ,this lease provides for payments aggregating) if more, claims for monies due or to become duthe Leor ssor 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- mr ent rr for assign entor y be made to one party as agent an trustee Notwtsvotor more parties participating in such ft- anc ng. to wian assignee any provisions of this contract, to become ue under this contract eshall not, totheextnies ent pov provided in aid Act, as amended,. be subject to reduction or set-off. EQUAL OPPORTUNITY CLAUSE. (The following clause is applicable unless this contract is empt under the rules, regulations, and relevant orders of e Secretary of Labor (41 CFR, ch. 60).) During the performance of this contract, the Contractor grees as follows: (a) The Contractor will not discriminate against any ern- oyee or applicant for employment because of race, color, igion, sex, or national origin. The Contractor will take rmative action to ensure that applicants are employed, d that employees are treated during employment, without gard to their race, color, religion, sex, or national origin. h action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of or other forms of compensation; and selection for train - including apprenticeship. The Contractor agrees to post onspicuous places, available to employees and applicants emplo3r est, notices to be provided by the Contracting cer setting forth the provisions of this Equal Opportunity ) The se. actor in l s for employees laced will, orlon behalf tof the Contraions or ctor, that all qualified applicants will receive consideration mployment without regard to race, color, religion, sex, or onal origin. tive of he Contractor with will whi] whichd o each hehas la collector ive bargain- greement or other contract or understanding, a notice, provided by the agency Contracting Officer, advising the union or workers' representative of the Contractor's 'tments under this Equal Opportunity clause, and shall pies of the notice in conspicuous places available to tees and applicants for employment. The Contractor will comply with all provisions of Ex - Order No. 11246 of September 24, 1965, and of the regulations, and relevant orders of the Secretary of The Contractor will furnish all information and re- equired•by Executive Order No. 11246 of September ry of 5, and by the rules, regulations, and orders of the to his books,rrecoror ds, and accounts ursuant band will acting Y the contracting L. the *eta t **- oiler 1 IPr.. Stan General Services dm nslntloard ,. prm g 41 CFR) 1-16.601 May 1970 Edition 2-203 1 agency and the Secretary of Labor fo oses of investiga- tion to ascertain compliance with such rules, regulations, and orders. (f) In the event of the Contractor's noncompliance with the. Equal Q 'portunity 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- her 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 he 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 he 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 imlude or require the inclusion of the foregoing provisions of • this section in any exi greement or eon.. Ment or one in which the contracting party o Lessor has the unilateral right to renew or extend ment or arrangement, until the expiration of the agreement or arrangement and the unilateral right to rt. 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. 11 FIC NI nu RECUR is (Nom.—This provision is applicable if this lease was - co- tiated without advertising.) (a) The Lessor agrees that the Comptroller Gal of the United States or any of his duly authorize. -presentatives shall, until the expiration of 3 years er final payment under this lease, have access to and • - right to examine any directly pertinent books, docum-• s, papers, and records of the Lessor involving transac s related to this lease. (b) The Lessor furthe . grees to include in all his subcon- tracts hereunder a pr. sion to the effect that the subcontrac- tor agrees that t omptroller General of the United States or his repres• • atives shall, until the expiration of 3 years after fina ayment under this lease with the Government, have . • ess to and the right to examine any directly pertinent b.. s, documents, papers, and records of such subcontractor Volving trancartinnc related to the enhrnntraet 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 PERFORAIANCE. 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 or any of hie duly au thce‘ m an sun of y fears atter final p der Wad? ths s- tau al[hber QaAppendix Et of tari r kesetrn m apeC�r Use lease � cement Regulation ar thehe Pe n.) Po - • P ate' sainhascera saznat bons - Pan I^q'0. u nada, y dImetit "the tight to tractor' e,a nd gee rets of audDtbtl- L tallest( to the bcontract" &a rs iPSDh 4s claa s Ice, o aodect. Me term d (l Ordt ens gnbOOttilwitcaa I1- to ea Aot'uremen. Regulation• n or pproprlate, hay access to I1trl Id cites syP l rs, nd rettreto opeMf the ala A?ntract, olving trana•ctloty slated tp eStt• 11 trotter Oenenitof rectto p eteth� tha Come 0! his duly authorzed re Sta4e or D til theoexpratL a of i esrs after ntatives caul time specified Qrld this contract or such Armed Services either Appendix M of Lb the Pad pea Froctuvmrat • I — M 4. rt.. • tooled, •wesir•ct • •• sa wteblls skoneen the cent , ;t ..r:udr.g those ad eocpor•ta aa111 ir.u.,s •1 m appy b. au:e employment s 13.6 opening occurs and 1pofu to such local OM tt ant openings and hires y;*,..to rearmed. That if this ay teen 11 0.000 or if It Is ail -government the reports se +r.paa (C) and (d) are mitt req 1no employment tiing of employment p n • Im. plane service poetem •may aahall be made at 1 let "r the use of any othe reta service or effort and shell In nrnnnl obligations which attach piactng of a bone fide job order, 1 tale acceptance of referrals of voter 110111 eterans Thy ;1 4+1•Nh'INGS • t el ✓ Aa• of ,,..�p lo it,. N r grans of til -emplo)'- on S-er. NI Whenever the contractor becomes con_ :ra tuallye vend by the 'song Provlalons or .none system hale advise the employment ter establishments of the Stateach wherein ohe n of each. such establishment the tate [Inn Innglialhe contra Tent in State At tot •mats eclat Ip there provisions d la tontrac : tole contract Male employment system, has ec an 5t pe torm• 10 not 10n advise the State system there ng Including Stale tratta. Tae contractor may bmene other this con(-. when !. L no longe race le bean Tact clause. sof Independg Ingof ThmJos.clause does not apply aha0 be and see flednouta dt oof marls local District of Ids of the g0 ettrice syete. .. Columbia to provid ✓ regardln u may contract le th a State t forth In 0lred, hien with Purnn Rnt tont cnn- ✓ rennin- vOlve the to the ncludiug nits tually .bound !advised the la no need subsequent advir bouand the to the list- whlch occur States, the monwealth the- Virgin to open_ ses to 011 or to nil ruin lona! nt. This articuli/ to ron- orgnnl- tent for lgandarto RIC°. Guam. and m If) This Clause does pot app) from hip which the contractor props prom within his own organization to a customary and [ employer-unioh hiring arrangeme etellisIOn does not apply to a p opening once as emp)oyer decldea titer applicants outside of his own ratioInas or openiug,ptoyer-union arranger (1) As used in this clause: 111 aul[ebie em Iletin .,•a, .laeludes, but y mired t opening 'profiles does not requireg of einpl0)'ment which aper to not limited to. 'venni particularJobapplicnorhe hiring vet any Ilvrducdon and aone oliow7nal lob categoric Job from nue par_ Inmce lab productloa• n tt Otlt• to con - /1 any CMS re- o)'ment. pit Ian of be all lre prince s more h the meta cath dlpnln ed'd, dls- ✓ of flint sub - end per - The re- f I art, all• ny CI - All (Diner group of I'Ig herein b Intended to cants. an ' cora lir from to relieve tl t arlla:. Executiveany requirements 1 reeding nondiscrimination or reforest (el ;The reportsrequired Ice rogr of lhls clause shall uinclludep Out limited to, periodic Out n mrd •t least reports which sh ro local office quarterly with the 'ppm e eta where the n • State, has than one establish Tent In a $tat!• w,J milord office of the State employ nervier. Such reports ship Indicate for establishment (1) the number of amain .1 alto were hired during the reporting p ,I 4111 the number of those hired who were lined veterans, •nd (Ill) the immix" li Ihnne• hired who were nondisabled vc(e li of the Vietnam eta. The contractor shall I' ofeacha report within 30 days after the 01 porting period wherein any 11 :armoire Is made under this contract. II ports cub shall maintain copies of the tt year rmrts after final until the expiration 't duringfinal payment under the conte dole. which time they shall be mode rot :: bre. uppoon request, for examination by a representatives of the contra 11 li lag Meer or of the Secretary of Labor. II .18. EXAMINATION OF RECORD it I Of this contMclause exceed/ 2,6la 10 V the amount [o by Teen + Wand 4p10 IlopRp a and mechanics; to , technical; a and pare, administrative barb which are compensated On a Intlu do of less than 118000 oa a includ 1 IUII_nt tfine employmener tr tern end mom than i days- dur Put -time employment. It does a elude openings which the contractor pro- s gs : hl and rvttOry execu- open• Salary t term porary atlon, of In - poste to fin from within his own organizenon - merit. traditional empoyer-tudon a eusthiring arra and Irl ]ring arrange- (2) Appropriate omce of the State f intent service System'- meads em. .ipart of Mac the Federal -State national r. Lein of the local employment omccs with fn retpoualbillty fur serving the entabllslnncnt w nxopen- hero-the ha -,ren of the open- ing / 10 be hlJed Inc/tidingpthe Dict opeo_ Iris the Commonwealth the of Put of Jrlcn. (loam, andVirgin earth of Puerto BI "pj ten l mgt whlrhl t In esla odc. Tones In 1111 from Withinhe contractor pens tion' nirn1R em fits own organiza- tion" en+sidrmpl n will nt. openings fur '•u ns trlr Oho un will 1:•• which plurl mill u - contrnelnr'a given n to :gallnn 6 any affiliates, dhrjesrlttlud pit rrul rnmpnnlea subsidiaries. livres. and togs which the run and Incl oars pop ppen- In�ni regularly eernilrshedr Proposes lo nil hhe" Imps. 'ream' ver_ S BY COMPTROLLERrt GENERAL eel 77ae contractor . amid business sof negotiation, .Peru a. ;.sot applicable If restricted advertising, butt la Into by means of formal •dverta' contract _i•• entered (b) The Co in all hie tor s to to - provision to the effect thattacts the suer becnfe• vee Milted ttsf agrees that the COmptrolyrOdp attar it • 4 (4) "Openings which pones • to fillpursuant p the contractor pro - Indrtradilltional employer utnloato a hiringar- rangement" no Consideration s `Inployment openings g Ior vto Der - for snpts.ouasJue of a w01 be given arrange - moot. Including openings dal hiring which conta I' . proposes sttohe 011 from union haps. filch Ihiringcustomary ant t the relationship which raditwe nl contractor and calsis - between employees. representatives of his 151 "Disabled veteran" means a person entitled to disability compensation Taws administered byrnsA inis- trarlol+ for ♦ the Veterans c um or more, or • peD0lty rated at co percent rr re- lease from ac P e dutynon hoes fora discharge or disability Incurred or aggravated in line fel ! (6) "Veteran of lme of duty. with n (A) who (1) Vietnam Brat means y the Armed Porces foserved pe active duty than 180 days, any part of 'hjch of cc atter more August 5. 196,4, and was disc occurred released therefrom he d than honorable with other than discharged or or released aroha rct,(II) y was • dis- honorable netted disability active due discharged Outy was m 1f anym for sen�lre-con- ' Performed after A pert 1961. 9 4 such duty who seas so dischargedugtest 6. ease and hnal In the employment48 nthe preceding g by application s for covered by this clause. (h) It any disabled veteran or veteran of the Vietnam era believes that the contractor (or any first -der subcontractor) has failed or refuses to contpty with the provisions Of this contractclause cla se relating to allying spe- cial emphasis veteran employment to with the. veterans' employmentam ole a complaintvewith local State ment service ofve h the will attempt oto Informally resolve omce com- plaint and then refer the resolve the report onthe tete omce opt to `ts° el tthe mattent with r to the S Ment Service of the theDeVeterans' ! Lao Such complaint shall then beer[ of promptly re- ferred through the Regions Manpobe erAd- ministrator to the Secretary of Labor who shall Investigate such complaint and shall take such action thereon as the facts and circumstances warrant Consistent with the terms of this contract and the laws and reg- ulations PPPlIcable thereto. - B- ele1) )e (excludingThe contractor agrees to place this subcontract diret y undethis r thts on raPh l c any contract. or purchase to(iaatse ablgardenia?labeeperal l punifc¢trtelgty � snrvtety d) The described 4 (b)d• of da(c)e• ablett oveee}fominpards which elatclaues to of (1) appeals under thccrias or tthe perthe settlement of this ani cal att01the exand - ception off M ormance Cif a contra t Or -'sing h1 mete - a *hien General via• aaitlldf his duly authorized re re- litigation, d�t `tel Such p oLplalme, v p bag Aahabean 3 -7 -7 7ATpC. rrvLF' • Ica , 8• 'i • exceeding $10,000 which of the Equal Opportunity certifications in his files; . ,;lowing notice to such pro - here the proposed subcon- ..cal certifications for specific : TR.\CTORS OF REQUIREMENT FOR 1 _ SGATE) FACILITIES --rPgated Facilities must be sub- . _ - a subcontract exceeding $10,000 _.e provisions of the Equal Oppor- - _._::.on may be submitted either for __ subcontracts during a period (i.e., annually). r :taking false statements in offers n IS U.S.C.1001. - or other person signing the lease on _ - este±. and. if requested by the Government _ r tv so to act shall be furnished. . - - r other alterations are made specific be entered under clause 8 of the lease :eased is located in a State requiring .es -'es. the Lessor shall comply with all such __ =__ts at Lessor's expense. Standard Form 2-A May 1970 Edition Amendment to Standard Form 2-A, Page 3 2. CLEAN An AND WATER CERTIFICATION: (&ppr1^.eb`e only 1f the. ccotr,ct •recede 1160,0)0, or the swats.--tni burner List dater - :tined that cram under an lndet014 quen- 4ny contract m ally one fear ria noes! 5101000. or a Sult(ty to be used bee been the tvnlere of x eonvictIces under We Clew Alr Act 4 US.C.11a7c-6(c) (11) or the Ped- es!. wisher Pollution Control Act a33 IIS.C. 1313;c) 1 eoCis Listed by LPA, or the ooa- tenet 11 not otherwise tato t.) ta'- -fht Cm:tractor agrees u follows: (1) To comply with all the require- ments of section 114 of the Clean Air Act. as amended (42 U.B.C. 1857. et seq.. as amended by Pub. L. 91-604) and sec- tion 3D8 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 dean water standards at the facility in 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). lb) The terms used in this clause have the following meanings: (1) The term "Air Act" means the Clean Ayr Act, as amended (42 U.B.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 D.S.C. 1251 et seq., Y amended by Pub. L.92-500). (3) The term "clean air standards" means any enforceable rules, regulations, guidelines, standards, limitations, orders, eontroLs, prohibitions, or other require- ments which are contained In, issued tinder or otherwise adopted pursuant to the Air Act or Executive Order 11738, an applicable imp)eaenta tion chin as de- scribed in section 110(d) of the Ciesn Air Act to U.S.C. 1857c -6(d) ), air approved implementation procedure or plat under section 111(c) or section 111(d), respec- tivel.y, Of the Alr Act (42 U.8.C. 1857e-6 (e) or Id)), or as approved Impletnew- tatbn procedure under section 112(4.) af the Air Act 142 USX. 1867e -7(d)). (4) Tine term "Sega mater standards^ means any enforceable limitation. eon- troL condition, prohibition, standard. or other requirement which Is promulgated pUrsuant 10 the Water Act or contained In a permit issued to a discharger by the Environmental Protection Agency or by a State under i approved program, as authorized by section 402 of the Water Act (93 U 6 C 1342), or by local govern- ment to ensure compliance with pretreat- ment regulations as required by section 307 of the Waier Act (33 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 jurisdiction, the Environmental Protection Agency or an alt. or water pollution control agency in accordance with the requirements o1 the Mr Act or Water Act and regulations Issued pur- suanttheretn (6) The term 'Ynclllty'• moan:. any building, plant, Installation, elrurtmr, mine. vessel or other floating cratt. lo- cation. or site of operatlonc, owned. leased or supervised by a contra -tor o)' subcontractor, to be utilized in the per- formance of a contract or subcontract. Where a location 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 where the Direc- tor, Office of Federal Activities. Environ- ment Protection Agency, determines that independent facilities are collocated In One geographical area. • Lease No. DTFA07-80-LL01194 Flight Service Station (FSS) and Airport Traffic Control Tower (ATCT) Chief's Office Fayetteville, Arkansas CORPORATE CERTIFICATE I+ , certify that I am the of the Corporation named in the foregoing agreement, that who signed said agreement on behalf of said corporation, was then 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. Dated this day of 19 CORPORATE SEAL Signed by • MICWHWE® _) RESOLUTION NO. PI=ID p Sag Ali( -L; A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE WITH THE FEDERAL AVIATION ADMINISTRATION FOR SPACE IN THE OLD AIRPORT 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 Airport Terminal Building. A copy of the lease authorized for execution hereby is attached hereto, marked Exhibit "A" and made a part hereof.<d_ PASSED AND APPROVED this day of APPROVED: 1980. 1MAYOR • • ,. STANDARD FJRM 2 FEBRUARY I%S EDITION GENERAL SERVICES ADMINISTRATION FPR (11 CFR) I-16.601 U.S. GOVERNMENT LEASE FOR REAL PROPERTY DATE OF LEASE THIS LEASE, made and entered into this date by and between LEASE NO. CITY OF FAYETTEVILLE, ARKANSAS DTFA07-80-L-01194 whose address is Post Office Drawer F Fayetteville, Arkansas 72701 and whose interest in the property hereinafter described k that of 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: 1. The Lessor hereby leases to the Government the following described premises: See Article 9 for Space Schedule. tobeusedfor. Federal Aviation Administration's Flight Service Station (FSS) and Airport Traffic Control Tower (ATCT) Chief's Office 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on July 1, 1980 and renewal rights as may be hereinafter set forth. through September 30, 1980 , subject to termination 3. The Government shall pay the Lessor annual rent of $ 12,290.00 at the rate of $ 3,072.50 per Federal Gov't. fiscal quarter n arrears. Rent for a lesser period shall be prorated. Rent checks shall be made payable to: Lessor wholly or partially thirty30 4. The Government may terminate this leaslat any time by giving at least ( ) 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. provided notice be given to the Lessor at least days before the end of the original lease tern or any ren e . r all other lents and conditions of this lease shall remain the same during any renewal term. 2-106 • 1 • t• 1. 2. 6. The Lessor shall furnish to the Government, as part of the rental consideration, the following: See Articles 14, 15, 16 and 17. 7. The following are attached and made a part hereof: The General Provisions and Instructions (Standard Form 2.A, May 1970 edition). Articles 9 through 18. R. The following changes were made in this lease prior to its execution: The words "wholly or partially" are added to Article 4. Article 5 is deleted. The words "and the Lessor." are added to Article 10. Article 11 on Standard Form 2-A is deleted. Articles 17 and 18, and Amendment 2, noted as page 3, are added to Standard Form 2-A. IN WITNESS W1IEREOF, the parties hereto hale hereunto subscribed their names as of the date first aboae written. `ESSOR CITY OF FAYETTEVILLE, ARKANSAS IN PRESF NCE OF: • (Sienalie e ! l (CignaaNre) (Si$u.a,nrl (.1AA.eis) UNITED STATES OF AMERICA 49IEFFNG E Contracting Officer Of/ural tale) STANDARD FORM 2 FEBRUARY l%5 COITION V 9. SPACE SCHEDULE: FSS Chief's Office ATCT Chief's Office Operations Room Pilot Briefing Area Training/Conference Room Service Area Equipment Room Ready Room TELCO Room Mechanical Equipment Men's Restroom Women's Restroom Storage Areas (2) Hallways Lease No DTFA07-80-L-01194 FSS/ATCT Chief's Office Fayetteville, Arkansas 144 182 376 293 165 83 451 147 116 Room 91 49 30 122 209 2,458 RATE PER SQ FT. BARE SPACE $5.00 $5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 ANNUAL TOTAL $ 720.00 910.00 1,880.00 1,465.00 825.00 415.00 2,255.00 735.00 580.00 455.00 245.00 150.00 ...61.0.00 .'1;045.00 $12,290.00 Lease No. DTFA07-80-L-01194 FSS/ATCT Chief's Office Fayetteville, Arkansas 10. FUNDING RESPONSIBILITY CLASS I - II FACILITIES: The airport owner agrees that any relocation, 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 impair 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 and the Lessor. CLASS I FACILITIES Remote Transmitter/Receiver (Tower) Airport Traffic Control Tower Airport Surveillance Radar Airport Surface Detection Equipment Precision Approach Radar ILS and Components ALS and Components Visual Landing Aids Direction Finding Equipment VOR, TVOR, and VORTAC (Instrument Approach) Weather Observing and Measuring Equip. (Owned and operated by FAA) Central Standby Power Plant CLASS II FACILITIES Long Range Radar Air Route Traffic Control Centers Remote Control Air -Ground Communication Facility VOR and VORTAC (en route only) Flight Service Station Remote Communications Outlet Limited Remote Communications Outlet Other en route facilities 11. RENEWAL OPTION: This lease may, at the option of the Government, be renewed from year to year at an annual rental of TWELVE THOUSAND TWO HUNDRED NINETY AND NO/100 DOLLARS ($12,290 00) payable in the amount of THREE THOUSAND SEVENTY TWO AND 50/100 DOLLARS ($3,072.50) per Government fiscal quarter in arrears; and otherwise upon the terms and conditions herein specified. The Government's option shall be deemed exercised and the lease renewed each year for 1 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 thirtieth (30th) day of September 1981, AND PROVIDED FURTHER, that adequate appropriations are available from year to year for the payment of rentals. • 14. 4 • • Lease No. DTPA07-8O-L-01194 FSS/ATCT Chief's Office Fayetteville, Arkansas 12. 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, other than to orderly remove its equipment therefrom. 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. Notice of abandonment will be conveyed to the Lessor in writing. 13. INSTALLATION OF ANTENNAS POWER CABLES CONTROL CABLES AND OTHER APPURTENANCES The Government shall have the right and privilege to install and maintain an ultra high frequency radio antenna platform atop any building deemed necessary except the new terminal building; and to install and maintain antenna wires and appurtenances on top of the Flight Service Station Building, or such other location on the airport property, except the new terminal building, as deemed necessary, together with the right to install such necessary 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 to install and maintain underground cable from the Engine Generator aite to the Flight Servioe Station Building. • 14. INTERIOR PAINTING LEASED PREMISES: Lessor shall paint the premises at initiation of Isaac and shall accomplish repainting of the leased premises not less than once every five (5) yearn of Government occupancy under this lease or any renewal thereof. 15. VEHICLE PARKING AREA: The Lessor shall provide, free -of -charge, twenty-three (23) parking spaces as follows: 10 spaces along curb on west side of PSS 10 spaces across street on weat side of FSS in old metered parking area. 3.apaces between FSS and old terminal building. Said spaces to be used for vehoiles of Government employees working at the facility, Government-owned vehicles, and vehicles of visitors. 16. REPAIR AND REPLACEMENT 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. The Lessor shall not be responsible for damage done to same by Government or authorized agents; nor is the Lessor responsible for cleaning. • • Lease No. DTFA07-80-L-011911 FSS/ATCT Chief's Office Fayetteville, Arkansas 17. UTILITY, HEATING AND COOLING SYSTEM: The Lessor shall furnish to the Government as part of the rental consideration, the following: Heat and air conditioning equipment, including maintenance, repair and replacement thereof; plumbing fixtures and wall outlets, including maintenance, repair, and replacement but will not furnish natural gas, electricity, and/or water. Gas, electricity, and water will be contracted for by the Government under separate arrangements. 18. 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 on the leased premises, the Lessor shall, upon being notified by the contracting officer, make every reasonable effort to eliminate the cause of such interference.