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Home My WebLink About108-84 RESOLUTION• • RESOLUTION NO. 10R_R4 ti A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION FOR THE FLIGHT SERVICE STATION AND A PORTION OF THE OLD TERMINAL BUILDING AT THE FAYETTEVUS.F MUNICIPAL AIRPORT. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYE'TTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute a lease agreement with the Federal Aviation Administration for the flight service station and a portion of the old terminal building at the Fayetteville Municipal Airport. A copy of the lease agreement authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 1Rth day of �F i AY(•lF APPROVED: By September , 1984. STANDARD FORM 2 FEBRUARY 1965 EDITION GENERAL SERVICES , ADMINISTRATION FPR (41 CFR) 1-16.661 U.S. GOVERNMENT LEASE FOR REAL PROPERTY DATE OF LEASE - e LEASE NO September 181 1984 THIS LEASE, made and entered into this date by and between whose address is CIL OL. • • P.O. Drawer F LFayettevilie,[Arkansas 72701 far and whose interest in the property hereinafter described is that of DTFA07-85-L-01015 CITY OF FAYETTEVILLE, ARKANSAS 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: •-- ; a: i. The Lessor hereby leases to'the Goiernment ihe.following described premises:- -, • .. - Approximately 2,571 square feet ofr'floor space in a free-standing masonry and brick building located at Drake Field Airport, Fayetteville, Arkansas, and otherwise known as the Flight Service Station Building, with said space being more particularly described in Article 9, attached hereto and made a part hereof; and Approximately 525 square feet of office space in.a free-standing masonry and brick building; otherwise known as the Old Terminal Building, located at Drake Field Fayetteville, Arkansas;'•"with said space -being more particularly described in Article 9 attached hereto and made a part hereof. robe uscd for Federal Aviation Administration's Flight Service Station (FSS) Air Tra 1�A rgislrTwer. (ATCT) Chief's hOffice and SectorhField Office (SFO) 2. [ e said remises wan[ ea appurtenances tor the term beginning on October 1, 1984 September 30, 1985 through , subject to termination and renewal rights as may be hereinafter set forth. 3. The Government shall pay the Lessor annual rent of S.18.,0.6.6...Q0 at the rate of S..4,536_.50 • per .Gavernment..fiscai_..quarter in arrears. Rent for a lesser period shall be prorated. Rent checks shall be made payable to: City of Fayetteville P.O. Drawer F, Fayetteville, Arkansas 72701 3,4h9t:ni 'il,fmafie rI)G-T.22 .91)9 4',rlioiIV OT Ldin•LP Tas ,1. rr`•!tt,• 4: The Government may terminate this lease7at any me y gm at east thirty (30) days' notice in writing '..,,todhe Lessor land no rental shall accrue after, the effective ,date: of termination. Said notice shall be computed commenc- ingiviththedayaftertheidate bf mailing. yaJt, ' ..• (t- Ir'.,ir. ! 1' IGU,pi f'' .;t°laid .rlLr;1 tl`i* 3r !1J'' �,j'7 t:uf Z:;€ ATnti 21,•1;;'7 W1' v711..,wr 1 1r.'Ahtir:\—i'I.L,e hs l.'-:7 uX ::1)9:: a. ,: L01, noel>Ltlu.l.t)r—r- .1,• •. tf t';iifh.: iJ'il.r. r O. i'reTu? TS' T33 1ti. wur .,lt,r7' `.1ul 7LrTult. at.l•,, c,',•Ji v,+l(Ill,u't ptovided:notice be giv twig toithe Lessor et (east R--.+ _.. ...:...! days before.the, end of the original lease term or any re, -t term; all other terms and conditions of this lease shall remain the same during any renewal term. • 2-106 • i r • 600-0SS • 0 0661 - 3JIAAO DN13.NIed IN3NNITINA00 '5 '0 N011103 S961 AeVNtle3d Z fl JOs ParONYus • ' (aj)u )eui0) aaaj330.2-UTaoeaauo0 pan,ra$,igfTITTM '1 sna3e1y_ a (Snappy) • . (aanlve94) • (1an, ..- uYtS) CRIM l0 S31tl1S 0311N0' 0 30N3S38d NI sysNvxxv 'Wrmattaxva ao ALIO AB NOSS31 •ua33um anoge 35Jy amp ay) yo sr saweu nay) paquxgns o)unalay aney many saosed atp 'dO31I3HAA1 ssaaiIA.1 NI •ATaaTaua pataTap 'S eTnTanV Imet I . , 'PaPPe VZ maoa paepua3S '11 eToTaaV 'VZ maoa paepueaS 411 eToTaaV !ATa1Tlua paga,Tap 'Z maoa paepueiS !pappe ,laaad u; ao 6TToyM11 spaoM aya 'Z mica paepueas 67 aT3T3JV uonnaaxa,s3j 03soud anal slyl ul apew 3.13M Sauey) Suunoljoj ayy 'g 1') v , • 1.4 '1, ... . 1. 111-_J •papuaws se • l(uonlpa • 'aasoT3Taaa0 aaeaodao0 '61. 118no143 6 s?TopaiV 0L6T' 6epl •yq wlo3 pleputis) suou)nnsuj put suoisinosd leaauap au. :joapag ued t apew put pay'ent ale eulmollo),a41 • •guTPTTnB TauPmaeL PTO,aga pus SSa aqg ueew eq saoeds E :saoeds OZ 3o Tegog E ao (SuTPTTne SSA aya 3o ePTM gear aya uo pus (3g guaoeCpe sl yo -yr) .gaeags atm 3o ergs yoee uo saoeds at ":lsxoTTo3'se saogTsTn pue '80T330 Pieta aogoag pue 'carol Toaluo° oT33ea1 laodaTV 'uoTge_S eoTAJeS 1112TTA ay; ge SuT3laor seadoldwe VVd 'solo -cyan pauMo-guamuaenoo 1.1o3 saoeds 8u plaed eaayg-1Sguaa •ogaaay payoegge suoTsTnoad leaeueo aya Jo Z &Tonal, pug 'Molaq ST pue 'ST '£T 'ZT s8ToT1JV UTlpagegs Awe-moTga•ed 9J0W se salmi -cos; Puy 'saOTnaas `eoueuaguTew ;e :Sulmollo; aya 'uone3aplsu0a lamas.aye jo-Ued'se'40awwano9 ay),01 gsluin) new .sossai'ayy •9 • 9. SPACE SCHEDULE: FSS Chief Pilot Briefing Operations RM Training RM Ready RN ATCT Chief TELCO and Storage Storage Equipment RM APS Stg. and Maint. Mena Toilet Women's Toilet Building Equip. Room Hall Areas SFO Chief Break Roots Reception/Storage Files & Copy Total 10. RENEWAL OPTION: SQ. FT. 149 305 385 175 160 180 112 48 537 90 54 38 95 243 133 133 259 3,096 DTFA07-85-L-01015 FSS, ATCT Chief, SF0 Fayetteville, Arkansas BARE RATE PSF $6.00 6.00 6.00 6.00 6.00 6.00 4.00 4.00 6.00 6.00 6.00 6.00 4.00 6.00 6.00 6.00 6.00 ANNUAL COST $ 894.00 1,830.00 2,310.00 1,050.00 960.00 1,080.00 448.00 192.00 3,222.00 540.00 324.00 228.00 380.00 1,458.00 798.00 798.00 1,554.00 $18,066.00 This lease may, at the option of the Government, he renewed from year to year at an annual rental of EIGHTEEN THOUSAND SIXTY-SIX AND N0/100 DOLLARS ($18,066.00) payable in the amount of FOUR THOUSAND FIVE HUNDRED SIXTEEN AND 50/100 DOLLARS ($4,516.50) 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 one (1) year unless the Government gives thirty (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 September 30, 1987, AND PROVIDED FURTHER, that adequate appropriations are available from year to year for the payment of rentals. 11. NON -RESTORATION: 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 nay 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. 4. DTFA07-85-L-01015 FSS, ATGT Chief, SFO Fayetteville, Arkansas 12. INTERIOR PAINTING LEASED PREMISES: The Lessor shall repaint the interior of the leased premises not less- than once every three (3) years of Government occupancy under this lease or any renewal thereof. 13. HEATING, AIR-CONDITIONING, AND MECHANICAL VENTILATION: The Lessor will furnish and maintain heating, air-conditioning, and ventilation systems capable of maintaining temperatures inside the leased premises in a range from a low of 65 degrees F. during the heating season to a high of 80 degrees F. at all other times. 14. PLUMBING AND SEWAGE SYSTEM: The Lessor will furnish and maintain reliable, operable, and safe plumbing and sewer facilities for the leased premises. This includes, but 1s not limited to, electrically operated chilled water drinking fountain, hot and cold waterlines, hot water heat, waste lines, drains, sewerlines, vents, and any other related appurtenances. 15. BUILDING ELECTRICAL EQUIPMEt4T• The Lessor will furnish and maintain the building electrical facilities and fixtures in a satisfactory condition. This includes, but is not limited to, main power service facilities, meter panel, branch circuits, light fixtures, wall switches, and receptacles. All equipment furnished by the Government will be maintained by the Government. 16. UTILITIES AND SERVICES: The Government shall, at its own expense, contract for and shall pay all utilities and services to the leased premises. This includes, but is not limited to, water, natural gas, sanitary sewer, electrioity, and telephone. The Government shall also provide all replacement of light bulbs and tubes. 17. INSTALLATION OF ANTENNAS, POWER CABLES, CONTROL CABLES, AND OTHER APPURTENANCES: The Government shall have the right and privilege to install, operate, and maintain antenna wires and appurtenances atop necessary buildings and structures or at other locations where deemed necessary on an airport property, together with the right to install, operate, and maintain necessary connecting cables and wiring, where needed, to perform the necessary linking of facilities, provided such installations do not constitute a hazard to the operation of aircraft when such installations have been completed. The Government shall have the right to install, • DTFA07-85-L-01015 FSS, ATCT Chief, SFO Fayetteville, Arkansas operate, and maintain such cables, conduit, and wiring as necessary to link and connect its facilities to its emergency standby powerplant to be used in the event of commercial power failure to any of its facilities located on airport property. 18 INTERFERENCE WITH THE GOVERNMENT'S OPERATIONS: 4 Tne Lessor agreea 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 Leasor snail, upon being notified by the Government's Contracting Officer, make every reasonable effort to eliminate the cause of such interference. 19. FUNDING RESPONSIBILITY CLASS I - II FACILITIES: The airport owner agrees that any relocation, replacement, or modification of any Federal Aviation Administration Glass I or I1 facility, or components thereof, aa 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 improvementa 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 Goverment, funding responsibility shall be determined by the Government. 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 (Owned and operated by FAA) Central Standby Powerplant CLASS II FACILITIES Long Range Radar Air Route Traffic Control Centers Remote Control Air -Ground Communication Facility Equip. VOR and VORTAC (en route only) Flight Service Station Remote Communications Outlet Limited Remota Communications Outlet Other En Route Facilities • • ATFA07-85-L-01015 FSS, ATCT Chief, SFO Fayetteville, Arkansas 20. DISPUTES: a. This lease is subject to the Contract Disputes Act of 1978 (Public Law 95-563). b. Except as provided in the Act, all disputes arising under or relating to this lease shall be resolved in accordance with this clause. o. (1) As used herein, "claim" means a written demand or assertion by one of the parties seeking, as a legal right, the payment of money, adjustment, or interpretation of lease terms, or other relief, arising under or relating to this lease. (2) A voucher, invoice, or request for payment that is not in dispute when submitted is not a claim for the purposes of the Act. However, where such submission is subsequently not acted upon in a reasonable time, or disputed either as to• liability or amount, it may be converted to a claim pursuant to the Act, • (3) A claim by the Lessor shall be made in writing and submitted to the Contracting Officer for decision. A claim by the Government against the Lessor shall be subject to a decision by the Contracting Officer. d. For Lessor claims of more than $50,000, the Lessor shall submit with the claim a certification that the claim is made in good faith; the supporting data are accurate and complete to the best of the Lessor's knowledge and belief; and the amount requested accurately reflects the contract adjustment for which the Lessor believes the Government is liable. The certification shall be executed by the Lessor if an individual. When the Lessor is not an individual, the certification shall be executed by a senior company official in charge at the Lessor plant or location involved, or by an officer or general partner of the Lessor having overall responsibility for the conduct of the Lessor's affairs. e. For Lessor claims of $50,000 or less, the Contracting Officer must render a decision within 60 days For Lessor claims in excess of $50,000, the Contracting Officer must decide the claim within 60 days or notify the Lessor of the date when the decision will be made. f. The Contracting Officer's decision shall be final unless the Lessor appeals or files a suit as provided in the Act. DTFA07-85-L-01015 FSS, ATCT Chief, SFO Fayetteville, Arkansas The authority of the Contracting Officer under the Act does not extend to claims or disputes which by statute or regulation other - agencies of the Executive Branch of the Federal Government are expressly authorized to decide. Interest on the amount found due on a Lessor claim shall be paid from the date the claim is received by the Contracting Officer until the date of payment. Interest on the amount found due on a Government claim shall be paid from the date the claim is received by the Lessor until the date of payment. Interest.ahall be computed at ten percent (10%) per annum on the basis of a 365 - or 366 -day year, whichever applies. 1. Except as the parties may otherwise agree, pending final resolution of a claim by the Lessor arising under the lease, the Lessor shall proceed diligently with the performance of the lease and its terms in accordance with the Contracting Officer's decision. • 21. INTEREST OH OVERDUE PAYMENTS: a. The Prompt Payment Act, Public Law 97-177 (96 Stat. 85, 31 USC 1801) is applicable to payments under this lease. The Act requires the payment to lessors of interest on overdue payments. b. An interest penalty will be paid automatically when all of the following conditions are met: (1) and there ie provisions; (2) is required; (3) due date. Government acceptance of property or services has occurred, no disagreement over quantity, quality, or other lease A proper invoice has been received (except where no invoice e..g., some periodic lease payments); and Payment is made to the Lessor more tban 15 days after the c. An interest penalty will also be paid when an agency takes a discount after the discount period has expired, and fails to correct the underpayment within 15 days of the expiration of the discount period. 0. Interest penalties are not required when payment is delayed because of a disagreement between the Government and the Lessor over -the amount of the payment or other issues concerning compliance with the terms of the Lease, nor are they required for a period when amounts are withheld • DTFA07-85-L-01015 FSS, ATCT Chief, SFO Fayetteville, Arkansas temporarily in accordance with the terms of the Lease. Claims concerning disputes, and any interest that may be payable with respect to the period during which the dispute la being settled, will be resolved in accordance with the provisions of the Contract Disputes Act of 1978 (41 USC 601 et seq.). e. Interest penalties under the Act shall not continue to accrue after the filing of a claim for such penalties under the Contract Disputes Act of 1478, or for more than one (1) year. This provision shall not be construed to preclude the accrual of interest pursuant to Section 12 of the Contract Disputes Act of 1978 (41 USC 611) after interest penalties have ceased accruing under the Prompt Payment Act, and interest pursuant to such section may accrue on both any unpaid lease payment and on the unpaid interest penalty required by the Prompt Payment Act. t. Calculation of Interest Penalties. Whenever a proper invoice (or periodic payment where no invoice is required) is paid after the due date (determined in accordance with the payment terms set forth in thia lease) plus 15 days (except 3 days for meat and meat food products, and 5 days for perishable agricultural commodities), interest will be included with the payment at the interest rate applicable on the payment date. Interest will be computed from the day after the due date through the payment date and the amount will be separately stated on the check or accompanying remittance advice. Adjustments will be made for errors in calculating interest if requested. When an interest penalty that is owed is not paid, interest will accrue on the unpaid amount until paid. Interest penalties remaining unpaid for any 30 -day period will be added to the principal, and interest penalties, thereafter, will acorue monthly on the total of the principal and previously accrued interest. (1) When the Government takes a discount after the discount period has expired, the interest payment will be calculated on the amount of the discount taken, for the period beginning the day after the end of the specified discount period through the payment date. (2) When the Government fails to make notification of an improper invoice within 15 days (3 daya for meat or meat food products, and 5 days for perishable agricultural ccc,oditiee), the number of days allowed for payment cf the corrected, proper invoice will be reduced by the number of days between the fifteenth day and the day notification was transmitted to the Lessor. Calculation of interest penalties, if any, will be based on an adjusted due date reflecting the reduced number of days allowable for payment. (3) Interest penalties will be computed at the rate established by the Secretary of the Treasury for interest payments under Section 12 of the Contract Disputes Act of 1978 (41 DSC 611). Daily interest penalties payable pursuant to this clause will be computed on the basis of the actual number of days in the calendar year. DTFA07-85-L-01015 FSS, ATCT Chief, SFO Fayetteville, Arkansas (A) Interest penalties of leas than one dollar will not be paid. 22. RENTAL PAYMENT DUE DATE; a. The initial quarterly rental payment under this lease shall become due on the first calendar workday following the quarter in which• the lease establishing commencement of the lease term is executed, or the first calendar workday following the quarter in which occupancy of space is effective, whichever 1s later. Subsequent rent shall be in arrears, and will be due on the first workday of each successive quarter and only as provided for by the lease. b. The date of the check issued in payment shall be considered to be the date payment is made. • , • GENERAL PROVISIONS, CERTIFICATION AND INSTRUCTIONS: U.S. Government Lease for Real Property • GENERAL 1. SUBLEITING THE PREMISES. • The Government may sublet any part of the premises but shall not 1* 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 timer. 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 terminatethe lease by giving written notice to the Lessor within fifteen (15) days thereafter, if so terminated no rent shall accrue to the Lessorafter 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. Aoint physical survey and inspection report of the de- mised premises shall be madeasof 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. OFI7CIALS 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 PROVISIONS Lease No. DTFA07-85-L-01015 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. • 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 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 setoff. 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 employee's 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 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, 1966, 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 Stan/4rd Form 2-A General S.Mce. Administration --FPR (41 MO 1-16.601 M., 1970 Edition 2403 or • a and the Secretary of Labor for purposes of investiga- oti a 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;1966, 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 ppublicOf the use of any facility customarily furnished by the I.eaeor 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 ant existingagreement orconcession arrange- ment rrangesment or one in which the contracting pai`ty 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. (Non.—This provision is applicable if this lease was tiated without advertising.) .. (a) The Lessor agrees that the Comptroller • eral of the United States or any of bis duly autho • presentatives shall, until the expiration of 8 years final payment under this lease, have access to and • - right to examine any directly pertinent books, docum- • •:, papers, and records of• the Lessor involving transac • : related to this lease. (b) The Lessor furthe _ to include in all his subcon- tracts hereunder a pr :ion to the effect that the subcontrac- tor agrees that omptroller General of the United States or his repres ' .:tives shall, until the expiration of 8 years after fina .:yment under this lease with the Government, have a s to and the right to examine any directly pertinent documents, papers and records of such subcontractor go - 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 Contract ng 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 1. CERTIFICATION OF NONSWREGATED FACILITIES. (Applicable to (1) contracts, (2) subcontracts, and (8) 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.) 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 tilaintained. He certifies fur 2 ' Standard Form r -A May 1970 Edition • i Abl • ther that he will not maintain or provide for his employees +. prior to the award of 'sub-Contracts,exoeedingn 10,000 which any segregated facilities at any of his establishments, and are not exempt from the provisions of the Egnah Opportune that he will not perm't his employees to perform their services ,.1 clause; , that he will retain such certifications is his ; at any.location; under his control, where' segqrreeggaated facilitlea and that he will forward the following notice to such pro - are maintained:. The bidder, offeror, applicant, or subcon- . , posed subcontractors . (except where the proposed subcon- tractor agrees that a breach of this certification is'a violation tractors have submitted identical certifications - for specific of the Equal Opportunity clause in Ishii; contract. As used th time periods) : ', . - a .w t=; r7«i+','� r. I d this. certification, the term "segregated facilities" ineans any -•- waiting rooms, work areas, rest rooms and wash rooias, res- NOTICE TO PROSPECTIVE SUDCONTRACI'Otia OF REQUIEnIENT'FOR taurants and other eat ng areas, time clocks, locker rooms and other storage or dressing areas, parking Iota, drinking foun- tains, recreation or entertainment areas, transportation, and housing facilities provided for employees which 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. Re further agrees that (except *here he has obtained identical certifications from proposed subcontractors for specific time periods) he will ob- tain identical certifications from proposed subcontractors CATIONS OF NONSEGREGATED FACILITIES r•1 - 7 APCertiflcation of Nonsegregated Facilities must be sub- mitted prior totheaward 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.: 1 NOTE.—Thu penalty for snaking false statements in offers is prescribed in 18 US.C.10a1. 4 . , r 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. • 8. Where the ,Lessor is a corporation, the lease shall be signed with the, corporate name, followed by the signature • I' • D 1" • • 3 and title of the officer et other person signing the lease on its behalf, duly attested, and, if requested bythe Government eVidenCe of this authority so to act shall tie furhished. • " 4. When deletions or other'alterationsare made specific notation thereof shall be entered under clause 8 of the lease before signing. r 140 ..-.‘-4;44.' 4 , :44';‘; •.ti -.-" 6. 11 the property leased is located in a State requiring the recording of leases, the Lessor shall comply with ill such statutory requirements at Lessor's apatitee 7 4R ., K•........7. F-... t•1, •'1 f•. 1. •7.' 1 •. . :1f 1 1.. • s 1 • .,.) 1.'r • r , • . } 4 , .r 'N W1 r). _ e 012 • • r tr.":41s1. r. ' iw /*pr.v •' 1 • .-7( r. .-y 1, 1141"-i . - el fir^ •w Iry i. • rt ,• - (:.r 114 e-. . r. ,. ,.1 . y ! 1 •- , - r '4 • * U.S. GOVERNMENT PRINTING orricr : 19B0 0 - 311-526 (6178) rme2a A'1 • • • • Standard Parra 2-A Mar 1970 Edition J. • Attachment to SF 2-A - General Provisions 17. EXAMINATION OF RECORDS BY COMPTROLLER GENERAL (a) This clause is applicable if the amount of this contract exceeds $2,500 and was entered into,by means of negotiation, including small business restricted advertising, but is not applicable if this contract was entered into by means of formal advertising. (b) The Contractor agrees that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of 3 years after final payment under this contract or such lesser time specified in either Appendix M of the Armed Services Procurement Regulation or the Federal Procurement Regulations Part 1-20, as appropriate, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this contract. (c) The Contractor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of.3 years after final payment' under the subcontract or such lesser time specified in either Appendix M of the Arched Services Procurement Regulation or the Federal Procurement Regulations Part 1-20, as appropriate, have access to.and the right to examine any directly pertinent books, documents,.papers, and records of such subcontractor, involving transactions related to the subcontract. The term "subcontract" as used in this clause excludes (1) purchase orders not exceeding $2,500 and (2) subcontractors or purchase orders for public Utility services at rates established for uniform applicability to the ° general public. (d) The periods of access and examination described in (b) and (c), above, for records which relate to (1) appeals under the "Disputes" clause of this contract, (2) litigation or the settlement of claims arising out of' the perforniance of this contract, or (3) costs and expenses of this contract as to which exception has been taken by the Comptroller General or any of his duly authorized representatives, shall continue until such appeals, litigation, claims, or exceptions have,been disposed of. • • • If James N. McCord of the Corporation Suzanne C. who signed 1 bTFA07-85-L=010155 FSS, ATCT Chief, SFO Fayetteville, Arkansas CORPORATE CERTIFICATE , certify that 1 am the City Attorney named in the foregoing agreement, that Paul R Kennedy said agreement City Clerk thereof, that Noland and on behalf of said corporation, was then Mayor and said agreement was duly aigned for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Dated this 18th day Of September CORPORATE SEAL • 19 84 •