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HomeMy WebLinkAbout117-99 RESOLUTION• • 1 • RESOLUTION NO 117-99 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE FOR OFFICE SPACE WITH THE FEDERAL AVIATION ADMINISTRATION FOR AN ANNUAL COMPENSATION OF $25,909.33, FOR THE SYSTEM SUPPORT CENTER. • • BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section L. That the City Council hereby authorizes the Mayor and City Clerk to execute a lease for office space with the Federal Aviation Administration for an annual compensation of $25,909.33, for the System Support Center. A copy of the lease agreement is attached hereto it "A" and made a part hereof. Flr E114 ND APPROVED this mar ATTEST: / , /% By'011�/ L �///`.r�¢/,...-�/ Heather Woodruff, City Cl Z day of September , 1999. APPROVED By f7cry �psvv�vu� red Hanna, Mayor MICROFILME STAFF REVIEW FORM AGENDA REQUEST XX CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of September 7, 1999 OM: ale Frederick Name FFOa!TL /iU/«9';'o tf 400 RECEIVED Airport General GMT. AUG 161999 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE Division Department ACTION REQUIRED: The Airport staff requests approval of a lease with the Federal Aviation Administration for office space for their System Support Center. The lease is for five years with an annual compensation of $25,909.33. This lease replaces their expired lease for a 2,205.05 square foot building at a rate of approximately $11.75 per square foot annually. The Airport Board did approve this lease at their August 1999 meeting. Please execute all four copies and return three copies to the airport. COST TO CITY: $ N/A Cost of this Request 5550-0955-4455-00 Account Number N/A Project Number $ N/A Category/Project Budget $ N/A Funds used to date $ N/A Remaining Balance N/A Category/Project Name N/A Program Name Airport Fund BURG Attac T REVIEW: Budget Coordinator Budgeted Item Administrative Services Director Budget Adjustment OC t RCTG' • NT/LEAS REVIEW: / :vis. ,:_ P/, 3799 al Ci ounting Mana C. ,Atjorgey Pu chasing Officer Date Date • 8-1391 Date GRANTING AGENCY: CID ciordina X G,rtG .0 In al Auditor Date 6-131% Date STAFF RECOMMENDATION: Staff recommends approval. Division Head Date ate D)/ '9 Date Cross Reference New Item: Yes Prev. Ord/Res#: Orig Cont. Date: No STAFF REVIEW FORM Page 2 Description: Meeting Date: September 7, 1999 Federal Aviation Administration System Support Center Office Lease Comments: Budget Coordinator Reference Comments: Accounting Manager Reference Comments: City Attorney Reference Comments: Purchasing Officer Reference Comments: ADA Coordinator Reference Comments: Internal Auditor Reference Comments: FAYETTEVILLE AIRPORT DEPARTMENT THE CITY OF FAYETTEVILLE. ARKANSAS TO: THRU: FROM: DATE: SUBJECT: FAYETTEVILLE CITY COUNCIL FRED HANNA, MAYOR DALE FREDERICK, AIRPORT MANAGER AUGUST 11, 1999 LEASE WITH THE FEDERAL AVIATION ADMINISTRATION FOR OFFICE SPACE FOR THEIR SYSTEM SUPPORT CENTER. Ass The Airport staff requests approval of a lease with the Federal Aviation Administration (FAA) for office space for their System Support Center. The lease is for five years with an annual compensation of $25,909.33. This lease replaces the FAA's expired lease on a building which was renovated for them five years ago. This building has 2,205.05 square feet of space which is renting at a rate of approximately $11.75 per square foot a year. The Airport Board did approve this lease at their August 1999 meeting. DF/blm Attachments: Contract Review Form 4 Originals Lease Agreements with Corporate Certificates 4500 SOUTH SCHOOL AVENUE, SUITE F • AIRPORT TERMINAL BUILDING • FAYETTEVILLE, AR 72701 PHONE 501-521-4750 Ext.6 • FAX 501-521-1735 EXHIBIT A STANDARD FORM 2 FEBRUARY 1965 EDITION GENERAL SERVICES ADMINISTRATION FPR(41 CFR)1-16.601 U.S. GOVERNMENT LEASE FOR REAL PROPERTY DATE OF LEASE LEASE NO. DTFA07-00-L-01160 THIS LEASE, made and entered into this date by and between CITY OF FAYETTEVILLE, ARKANSAS whose address is Fayetteville Municipal Airport, 4500 S. School, Suite F, Fayetteville, Arkansas 72701 and whose interest in the property hereinafter described as 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: Approximately. 2205.05 square feet of floor space in a free standing masonary and brick building located at Drake Field Airport (formerly known as the Fayetteville Flight Service Station), said building having been completely renovated and the interior space redesigned in 1995 for the Fayetteville System Support Center (SSC) office. Utilization and space occupancy is more particularly delineated in Article 9, Space Occupancy Schedule, attached hereto. to be used for Fayetteville System Support Center (SSC) office. 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on October 1, 1999 through September 30, 2004, subject to termination and renewal rights as may be hereinafter set forth. 3. The Government shall pay the Lessor annual rent of 125,909.33 at the rate of $2,159.11 per month in arrears. Rent for a lesser period shall be prorated. Rental consideration shall be made using electronic funds transfer (EFT) in accordance with Public Law 104-134. (See Article 1, General Clauses, attached hereto and made a part hereof.) (SEE ARTICLE 10) 4. The Government may terminate this lease wholly or in part at any time by giving at least 30 days' notice in writing to the Lessor and no rental shall accrue after the effective date of termination. Said notice shall be computed commencing with the day after the date of mailing. 5. following rentals: provided notice be given in w any renewal term. • • (SEE ARTICLE he e Lessor at least days before the end of the original lease term or t of er terms and conditions of this lease shall remain the same during any renewal notice shall be computed commencing with the day after the date of' mailing. 2-106 6. The Lessor shall furnish to the Government, as part of the rental consideration, the following: a. Maintenance, System Services, and Facilities are more particularly stated in General Clauses, attached hereto and made a part hereof. b. Parking. The Lessor shall provide thirty-one (31) parking spaces for Government-owned vehicles and Government employees working in and on field duty for the SSC. One space is for the handicapped; sixteen (16) spaces in front of the SSC building; and the additional fourteen (14) spaces are at the security fence line at the west end of the building. There shall be no Government parking between the old SSC building and the new SSC building. c. Utilities and services shall be furnished by the Government. 7. The following are attached and made a part hereof: a. Special Lease Provisions (Articles 9 through 13). b. General Clauses (Articles 1 through 27). c. Corporate Certificate. 8. The following changes were made in this lease prior to its execution: Article 5, Standard Form 2, was deleted in its entirety. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. LESSOR CITY OF FAYETTEVILLE, ARKANSAS BY IN PRESENCE OF: lith (Signature) ��'�, 4 (Signature) (Signature) amo CLE (Address) UNITED STATES OF AMERICA BY Conracting Officer (Signature) (Official title) James M. Nelson STANDARD FORM 2 FEBRUARY 1965 EDITION U.S. GOVERNMENT PRINTING OFFICE : 1983 0 - 421-526 (9143) DTFA07-00-L-01160 Fayetteville System Support Center (SSC) Fayetteville, Arkansas SPECIAL LEASE PROVISIONS: 9. SPACE OCCUPANCY SCHEDULE: SQ. FT Manager 167.58 Secretary Area 71.28 CBUComputer Room 120.00 Conf./Training Room 399.70 Catalog/Order Room 189.08 Tech./Maintenance Room 167.04 Breakroom 135.85 Admin./Test Equip. Storage 114.33 SSC Office Storage 377.19 Fire Corridors 463.00 Total Square Footage 2205 05 TOTAL Annual Cost $25,909.33 (2205.05 sq. ft. @ $11.75 per sq. ft.) 10. RENEWAL OPTION: This lease may, at the option of the Government, be renewed from year to year at an annual rental of TWENTY FIVE THOUSAND NINE HUNDRED NINE AND 33/100 DOLLARS ($25,909.33) payable in the amount of TWO THOUSAND ONE HUNDRED FIFTY-NINE AND 11/100 DOLLARS ($2,159.11) per month 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 the 30th day of September 2004, 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 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. • DTFA07-00-L-01160 Fayetteville System Support Center (SSC) Fayetteville, Arkansas SPECIAL LEASE PROVISIONS (continued) 12. HOLDOVER: If, after expiration of the lease, the Government shall retain possession of the premises, the lease shall continue in force and effect on a day-to-day basis not to exceed 90 days. Rent shall be paid monthly in arrears on a prorated basis at the rate paid during the lease term. 13. NOTICES: All notices/correspondence shall be in writing, and shall be addressed as follows (or to such other address as either party may designate from time to time by notice or correspondence to the other): TO LESSOR: City of Fayetteville, Arkansas Fayetteville Municipal Airport 4500 S. School, Suite F Fayetteville, Arkansas 72701 TO GOVERNMENT: Department of Transportation Federal Aviation Administration Property and Services Branch, ASW -54 Fort Worth, TX 76193-0054 DTFA07-00-L-01160 Fayetteville System Support Center (SSC) Fayetteville, Arkansas -- GENERAL CLAUSES U. S. GOVERNMENT LEASE FOR REAL PROPERTY 1. ELECTRONIC FUNDS TRANSFER (EFT) PAYMENT: Payments by the Government under this lease, may be made by check or electronic funds transfer (EFT) at the option of the Govemment. If payment is made by EFT, the Govemment may, at its option, also forward the associated payment information by electronic transfer. EFT refers to funds transfer and information transfer. The Government is not required to make any payment under this lease until after receipt, by the designated payment office of the correct EFT payment information. However, until January 1, 1999, in the event the lessor certifies in writing to the payment office that the lessor does not have an account with a financial institution or an authorized payment agent, payment shall be made by other than EFT. For any payments to be made after January 1, 1999, the lessor shall provide EFT information. Prior to the first payment under this lease, the lessor shall provide the information required to make lease payment by EFT , directly to the Government payment office named in this lease. A single bank or financial agent must be designated, capable of receiving and processing the electronic funds transfer using the method below. In the event that the EFT information changes, the lessor shall be responsible for providing the changed information to the designated payment office. The lessor shall pay all fees and charges for receipt and processing of EFTs. The Government will make payments by EFT through an Automated Clearing House (ACH) however, the Federal Reserve Wire Transfer System may be used at the Government's option. The following information is required for ACH transfers: a. Lease number to which this notice applies. b. Lessor's name and remittance address, as stated in the lease. c. Signature, title, and telephone number of the lessor official authorized to provide this information. d. Name, address, and 9 -digit Routing Transit Number of the lessor's bank or financial agent. i e. Lessor's account number and type of account (checking, saving, or lockbox). The Lessor agrees that the Lessor's bank or financial agent may notify the Government of a change to the routing transit number, lessor account number, or account type. (1/97) 2. INSPECTION: The Government reserves the right, at any time after the lease is signed and during the term of the lease, to inspect the leased premises and all other areas of the building to which access is necessary to ensure a safe and healthy work environment for the Government tenants and the Lessor's performance under this lease. The Govemment shall have the right to perform sampling of suspected hazardous conditions. DTFA07-00-L-01160 Fayetteville System Support Center (SSC) Fayetteville, Arkansas DAMAGE BY FIRE OR OTHER CASUALTY: If the building is partially or totally destroyed or damaged by fire or other casualty or if environmentally hazardous conditions are found to exist so that the leased space is untenable as determined by the Govemment, the Government may terminate the lease, in whole or in part, immediately by giving written notice to the Lessor and no further rental will be due. 4. MAINTENANCE OF THE PREMISES: The Lessor shall maintain the demised premises, including the building, grounds, and all equipment, fixtures, and appurtenances furnished by the Lessor under this lease, in good repair and tenable condition. 5. FAILURE IN PERFORMANCE: In the event the Lessor fails to perform any service, to provide any item, or meet any requirement of this lease, the Government may perform the service, provide the item, or meet the requirement, either directly or through a contract. The Government may, deduct any costs incurred for the service or item, including administrative costs, from the rental payments. No deduction of rent pursuant to this clause shall constitute a default by the Govemment on this lease. 6. DEFAULT BY LESSOR Each of the following shall constitute a default by Lessor under this lease: (a) If the Lessor fails to perform the work required to deliver the leased premises ready for occupancy by the Govemment with such diligence as will ensure delivery of the leased premises within the time required by the lease agreement, or any extension of the specified time, (b) Failure to maintain, repair, operate or service the premises as and when specified in this lease, or failure to perform any other requirement of this lease as and when required provided such failure which shall remain uncured for a period of time as specified by the Contracting Officer, following Lessor's receipt of notice thereof from the Contracting Officer, (c) Repeated failure by the Lessor to comply with one or more requirements of this lease shall constitute a default notwithstanding that one or all failures shall have been timely cured pursuant to this clause. If a default occurs, the Govemment may, by written notice to the Lessor, terminate the lease in whole or in part. 7. ALTERATIONS: The Government shall have the right during the existence of this lease to make alterations, attach fixtures, and erect structures or signs in or upon the premises hereby leased, which fixtures, additions or structures so placed in, on, 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. It is mutually agreed and understood, that no restoration rights shall accrue to the Lessor for any alterations to the leased premises under this lease, and that the Govemment shall have the option of abandoningalterations in place, when terminating the lease, at no additional cost. 8. OFFICIALS NOT TO BENEFIT: No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this lease, or to any benefit arising from it. However, this clause does not apply to this lease to the extent that this lease is made with a corporation for the corporation's general benefit. DTFA07-00-L-01160 Fayetteville System Support Center (SSC) Fayetteville, Arkansas 9. COVENANT AGAINST CONTINGENT FEES: The Lessor warrants that no person or agency has been employed or retained to solicit or obtain this lease upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Govemment shall have the right to annul this lease without liability or, in its discretion, to deduct from the lease price or consideration, or otherwise recover the full amount of the contingent fee. 10. ANTI -KICKBACK: The Anti -Kickback Act of 1986 (41 U.S.C. 51-58)(the Act), prohibits any person from (1) Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting, or attempting to accept any kickback; or (3) Including, directly or indirectly, the amount of any kickback in the lease price charged by a Lessor to the United States or in the lease price charged by a subcontractor to a prime Contractor or higher tier subcontractor. 11. CONTRACT DISPUTES: All contract disputes arising under or related to this contract shall be resolved under this clause, and through the Federal Aviation Administration (FAA) Dispute Resolution System. Judicial review, where available, will be in accordance with 49 U.S.C.46110 and shall apply only to final agency decisions. The decision of the FAA shall be considered a final agency decision only after a lessor has exhausted their administrative remedies for resolving a contract dispute under the FAA Dispute Resolution System. A contract dispute shall be made in writing and signed by a Lessor or duly authorized representative of the Lessor and submitted to the Contracting Officer, that it is disputed either as to liability or amount. Submission shall be within six months after the accrual of the contract dispute. The contracting officer's decision concerning the contract dispute shall be binding on the parties unless the Lessor references the matter to the FAA Office of Dispute Resolution for Acquisition. Information relating to submitting a dispute will be provided by the Contracting Officer, upon request. (Promulgated by SW, 9/98) 12. EXAMINATION OF RECORDS: The Comptroller General of the United States, the Administrator of FAA or a duly authorized representative from either shall, until three (3) years after final payment under this lease, have access to and the right to examine any of the Lessor's directly pertinent books, documents, papers, or other records involving transactions related to this lease. 13. FIRE AND SAFETY REQUIREMENTS: The building shall, as required by Code, be equipped with automatic sprinklers which conform to NFPA No. 13, be maintained in accordance with NFPA No. 13A, have electrically supervised control valves (NFPA No. 13), and have water -flow alarm switches connected to automatically notify the local fire department (NFPA No. 71) or central station (NFPA No. 71). The notification of the fire department or central station shall be accomplished through the building fire alarm system. Regardless of code requirements when the leased space (including garage areas under lease by the government) is on the 6th floor and above, or below grade, sprinklers are required. DTFA07-00-L-01160 Fayetteville System Support Center (SSC) Fayetteville, Arkansas A manual fire alarm system shall be provided, maintained, and tested by the lessor in accordance with NFPA Standard No. 71 and 72 in buildings which are three (3) or more stories in height or contain more than 50,000 square feet gross floor area. The fire alarm system wiring and equipment must be electrically supervised and automatically notify the local fire department and conform with NFPA Standards No. 70 and 72. Engineered smoke control systems, if present, shall be maintained in accordance with the manufacturer's recommendations. Portable fire extinguishers shall be provided, inspected, and maintained by the Lessor in accordance with NFPA Standard No,. 10. 14. WARRANTY OF SPACE: a. Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Lessor warrants that all space leased to the Government under this lease, spaces above suspended ceilings in the leased space, air plenums elsewhere in the building which service the leased space, engineering spaces in the same ventilation zone as the leased space, public spaces and common use space (e.g., lobbies, hallways) will, at the time of acceptance and during the term of the lease contract, comply with the asbestos containing material (ACM) and polychlorinated biphenyl (PCB)N requirements of the Toxic Substance Control Act. The Contracting Officer shall notify the Lessor in writing, within 30 days after the discovery, of any failure to comply with the asbestos requirement. b. If either ACMs or PCBs are found to be in the leased space the Government reserves the right to require the Lessor, at no cost to the Government, to take whatever corrective action as might be required by the Toxic Substance Control Act. c. If the Lessor fails, after receipt of notice, to make correction within the specified period of time, the Government shall have the right to make correction and charge to the Lessor the costs occasioned to the Government or terminate the lease agreement at no cost to the Government. d. The rights and remedies of the Government in this clause are in addition to any other rights and remedies provided by the law and under this contract. e. Definitions. (1) "Acceptance," as used in this clause means the act of an authorized representative of the Govemment by which the Government assumes for itself, or as an;agent of another, the leased premises as ready for occupancy or approves a portion of the premises for occupancy in accordance with the provisions of this lease contract. (2) "Correction," as used in this clause, means (i) the removal, encapsulation or enclosure of any friable asbestos materials found in the space leased to the Government, spaces above suspended ceilings in the leased space, air plenums elsewhere in the building which service the leased space, public spaces, engineering spaces in the same ventilation zone as the leased space and common use space (e.g., lobbies, hallways). Following such abatement actions, the Lessor shall adhere to the Government's required post - asbestos -abatement air monitoring program (ii) With regard tonon-friable asbestos materials in good condition, it means the establishment and execution of a special operations and maintenance program and an abatement plan, approved by the Government, to be implemented from the time the materials are discovered through the remainder of the lease term, and (iii) with regard to PCBs, it involves the removal or retrofitting, in accordance with EPA regulations, of any PCB equipment present in the building. • • DTFA07-00-L-01160 Fayetteville System Support Center (SSC) Fayetteville, Arkansas 15. OSHA REOUIREMENTS: The Lessor shall provide space, services, equipment, and conditions that comply with Occupational Safety and Health Administration (OSHA) Safety and Health Standards (29 CFR 1910 and 1926). 16. RADON: Radon levels in space leased to the Government shall not equal or exceed the EPA action level for homes of 4 picocuries per liter (PCl/L). If radon levels are found to be at or above 4 PCl/L, the Lessor shall develop and promptly implement a plan of corrective action. 17. INDOOR AIR OUALITY: The Lessor shall control contaminants at the source and/or operate the space in such a manner that the indicator levels for carbon monoxide (CO), carbon dioxide (CO2), and formaldehyde (HCHO), are not exceeded. The indicator levels for office area are as follows: CO -9 parts per million (PPM) time weighted average (TWA - 8 -hour sample); CO2 - 1,000 PPM (TWA; HCHO - 0.1 PPM (TWA). The Lessor shall promptly investigate indoor air quality (IAQ) complaints and shall implement controls including alteration of building operating procedures (e.g., adjusting air intakes, adjusting air distribution, cleaning and maintaining HVAC, etc.). The Government is responsible for addressing IAQ problems resulting from its own activities. 18. SECURITY: Lessor shall provide sufficient security for the premises to prevent illegal or unauthorized entry and loitering. 19. SUBORDINATION, NONDISTURBANCE AND ATTORNMENT: The Government agrees, in consideration of the warranties herein expressed, that this lease is subject and subordinate to any and all recorded deeds of trust, mortgages, and other security instruments now or hereafter imposed upon the premises, so long as such insubordination shall not interfere with any right of the Government under this lease. It is mutually agreed that this subordination shall be self operative and that no further instrument shall be required to effect said subordination. In the event of any sale of the premises, or any portion thereof, or any such transfer of ownership, by foreclosure of the.: lien of any such security instrument, or deed provided in lieu of foreclosure, the Government will be deemed to have attorned to any purchaser, successor, assigns, or transferee. The succeeding owner will be deemed to have assumed all rights and obligations of the Lessor under this lease, establishing direct privity of estate and contract between the Government and said purchasers/transferees, with the same force, effect and relative priority in time and right as if the lease had initially been entered into between such purchasers or transferees and the Government, provided that such transfereesshall promptly provide, following such sale or transfer, appropriate documentation deemed necessary by the Contracting Officer, and shall promptly execute any instrument, or other writings, as shall be deemed necessary to document the change in ownership. 20. NO WAIVER: No failure by the Government to insist upon strict performance of any provision of this lease, or failure to exercise any right, or remedy consequent to a breach thereof, shall constitute a waiver of any such breach in the future. a DTFA07 -00-L-0 1 1 60 Fayetteville System Support Center (SSC) Fayetteville, Arkansas 21. INTEGRATED AGREEMENT: This lease, upon execution, contains the entire agreement of the parties, and no prior written or oral agreement, express or implied shall be admissible to contradict the provisions of this lease. 22. ASSIGNMENT OF CLAIMS: Pursuant to the assignment of Claims Act, as amended, 31 USC 3727, 41 USC 15, the Lessor may assign his rights to be paid under this lease. 23. COMPLIANCE WITH APPLICABLE LAWS: The Lessor shall comply with all federal, state and local laws applicable to the Lessor as owner or lessor, or both , of building or premises, including, without limitation, laws applicable to the construction, ownership, alteration or operation of both or either thereof, and will obtain all necessary permits, licenses and similar items at Lessor's expense. This lease shall be governed by Federal law. 24. LESSOR'S SUCCESSORS: The terms and provisions of this lease and the conditions herein bind the Lessor and the Lessor's heirs, executors, administrators, successors, and assigns. 25. EQUAL OPPORTUNITY: The Lessor shall have on file affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2). 26. AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS: The Lessor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor (Secretary) issued under the Vietnam Era Veterans' Readjustment Assistance Act of 1972 (the Act), as amended. If the Lessor does not comply with the requirements of this clause, appropriate actions may be taken under the rules, regulations, and relevant orders of the Secretary issued pursuant to the Act. 27. AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS: The Lessor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor (Secretary) issued under the Rehabilitation Act of 1973 (29 USC 793)(the Act), as amended. If the Lessor does not comply with the requirements of this clause, appropriate actions maybe taken under the rules, regulations, and relevant orders of the Secretary issued pursuant to the Act. (End) • DTFA07-00-L-01160 Fayetteville System Support Center (SSC) Fayetteville, Arkansas CORPORATE CERTIFICATE I, %%4>f/LC a),0. J.e?Gi/^F certify that I am the e // CLE- it of the Corporation named in the foregoing agreement, that A;26?9 f/1.4. I/s7 who signed said agreement on behalf of said corporation, was then MAIVae 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 /6 day of Au( I/ 57 19 09 . CORPORATE SEAL Signed by • FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Dale Frederick, Airport Manager From: Heather Woodruff, City Clerk Date: September 9, 1999 Attached is a copy of the resolution approving the lease with the Federal Aviation Administration for their System Support Center. I am also returning three originals for you to distribute. The original will be microfilmed and filed with the City Clerk. cc. Yolanda Fields, Internal Auditor