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HomeMy WebLinkAbout13-02 RESOLUTIONRESOLUTION NO. 13-02 A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH THE UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE FOR 12.8 ACRES AT DRAKE FIELD FOR THE PURPOSE OF MAINTAINING AN AIR OPERATIONS BASE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby authorizes the Mayor and the City Clerk to execute a Lease Agreement with the United States Department Of Agriculture Forest Service for 12.8 acres at Drake Field for the purpose of maintaining an air operations base. A copy of the Lease Agreement, marked Exhibit "A" is attached hereto, and made a part hereof. PASSED and APPROVED this 5kh day of February, 2002. APPROVED: By: -low DAN COODY, May�j a NAME OF FILE: Resolution No. 13-02 CROSS RLFERENCE: • 02/05/02 Resolution No. 13-02 Lease Agreement with the United States Department of Agriculture Forest Service for 12.8 acres at Drake Field for the purpose of maintaining an Air Operations Base. 02/05/02 Copy of the Budget Adjustment Form 01/04/02 Memo to Mayor Coody and City Council Members thru Staff Review Committee from Ray M. Boudreaux, Director, regarding USDA Forest Service Lease 02/05/02 Staff Review Form 02/11/02 Memo to Ray Boudreaux, Airport Manager, from Heather Woodruff, City Clerk NOTES: 0 • UNITED STATES GOVERNMENT LEASE FOR AIR OPERATIONS BASE (Under authority of sec. 1, Act of August 4, 1965, 79 Stat. 431; 7 U.S.C. 2250a.) Lease Number: 57-43ZP-2-06 Fro1w.ram1 il_ LESSOR: City of Fayetteville, Arkansas 113 West Mountain Fayetteville, Arkansas 72701 ATTN: Office of the City Clerk Phone: 479-575-8323 Fax: 479-718-7695 With Copy to: Fayetteville Municipal Airport 4500 South School Ave., Suite F Fayetteville, Arkansas 72701 ATTN: Airport Administration Offices Phone: 479-718-7642 Fax: 479-718-7646 LESSEE: The United States of America By the Contracting Officer, Region 8 USDA Forest Service 1720 Peachtree Road, NW Atlanta, GA 30309 Phone: 404-347-2618 Fax: 404-347-4866 THIS LEASE, made and entered into this date by and between the City of Fayetteville, Washington County, Fayetteville, Arkansas, and whose interest in the property hereinafter described is that of owner, hereinafter called the Lessor, and the United States of America by the Contracting Officer, Region 8, USDA Forest Service whose office address is Atlanta, Georgia, hereinafter called the Government: WITNESSETH: The parties hereto for the considerations hereinafter mentioned, covenant and agree as follows: 'rhe Lessor hereby leases to the Government the following described premises and easements at Fayetteville Municipal Airport (Drake Field), Fayetteville, Arkansas. Fifth Principal Meridian, Township 15 North, Range 30 West, Section 4 — That part of Section 4 as shown on the attached plat, said plat being recorded in Book 2001, Page 110805 of Washington County Courthouse, Fayetteville, Arkansas, 0 Said premises containing 12.8 acres total, more or less, as shown on the attached plat. The leased premises and casements. are to be used to construct, maintain, access, and occupy the improvements and facilities necessary for air operations with access to airport runways and taxiways. 1. TO HAVE AND TO HOLD the said premises with appurtenances for the term beginning January 1. 2002, through December 31, 2006, subject to termination and renewal rights as may be hereinafter set forth. 2. The Government will pay the Lessor upon execution of this lease, rent at the rate of 528,160 for the first year. Rent for the second year shall be based on an 8% rate of return applied to the Fair Market Value (FMV) as determined by a licensed appraiser. Each year thereafter, the rent shall be increased or decreased based upon the Consumer Price Index (All Urban Consumers — All Items) as published by the United States Department of Labor, Bureau of Labor Statistics, plus one percent (1%). Payment shall be made quarterly in equal installments in arrears. 3. FMV determinations may be made at 5 -year intervals and applied as stipulated in paragraph 2 above. Payment will continue to be made quarterly in equal installments in arrears. 4. The Government may terminate this lease at any time by giving 120 days notice in writing to the Lessor. 5. This lease may be renewed at the option of the Government for each year not to exceed a total period of 20 years - January 1. 2003. through December 31, 2023, under the existing terms if the Government notifies the Lessor in writing at least 60 days before this lease otherwise would expire. 6. The said property will be used for Government purposes, and the Government hereby covenants and agrees to not assign this lease without written permission from the Lessor and not permit the use of the above described tracts or parcels of land by anyone other than the Government, its agents and servants, and cooperators with the Government. 7. The Lessor shall furnish to the Government, during the occupancy of said premises under the terms of the lease, the following: a. 1pgress to and Egress from Adjacent Property. The Government shall have all reasonable right, free of charge, to ingress to and egress from said property for the uses and purposes herein mentioned, provided, that the use of adjacent property and of all runways and airport facilities shall be subject to all rules and regulations governing the use of said airport facilities. The Lessor agrees to complete the improvement project currently underway to widen taxiways designated on the attached drawing to a minimum width of 50' within two years. b. Routine Services. Lessor agrees to furnish the Government such routine services as are furnished to other tenants of the Fayetteville Municipal Airport and at proportionate rates should there be a charge for such services. These services shall include, but not be limited to, fire protection, snow removal and weed control, notwithstanding the requirement of the Government to maintain their leased premises, the boundaries of such leased premises as represented by attachment to this lease. The Lessor also agrees to provide control tower CJ • services as long as it remains economically feasible to provide such services as determined by the Airport Advisory Board. c. Rights -of -Way, The Lessor guarantees to the Government rights-of-way, free of charge, to install at Government expense all power lines, sewer lines, gas lines and waterlines and any other utility lines required to service the Government improvements and facilities. 8. The Government shall have rights, during the existence of this lease: a. To erect such structures and associated facilities as may be needed upon the premises hereby leased, such improvements to be and remain the property of the Government and may be removed therefrom by the Government within a reasonable time after termination of this lease or renewal thereof. The Government shall provide written notice to the City of Fayetteville of planned new structural development during the term of the lease. b. To dispose of improvements in place, in the event that use is discontinued by the Government; provided that if disposition of the improvements is to a party or parties other than the Lessor, the improvements shall be removed from the premises within a reasonable period. 9. Any structures or improvements erected or constructed upon the premises will not compromise the airport requirements consistent with the Federal Acquisition Regulation 77, Objects Affecting Navigable Airspace, and other recommended airport design criteria of the Federal Aviation Administration, unless previously approved by the Administrator's duly authorized representative. Facility construction shall be in compliance with current building codes in effect at the time of construction. 10. It is agreed and understood by and between the parties that the Government will maintain the structures furnished under this lease in good repair and tenantable condition during the term of the lease. 11. A joint physical survey and inspection report of the demised property shall be made as of the effective date of the lease, reflecting the then present condition, and shall be signed on behalf of the parties hereto. 12. Nothing in this lease shall be construed as obligating the Government to expend, or as involving the United States in any obligation for the future payment of money in excess of appropriations authorized by law and administratively made available. 13. The Lessor agrees to not discriminate by segregation or otherwise against any person or persons because of race, creed color, religion, national origin, sex, martial status, or handicap in the furnishing, or by refusing to furnish, to such 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, client, guests, and invites. 3 • • 14. No member of, or Delegate to, Congress, or Resident Commissioner, shall be admitted to any share or part of this lease 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. IN WITNESS WHEREOF, the parties hereto have hereunder subscribed their names as of the date first above written. LESSOR City of Fayetteville, Arkansas Date Dan Coody, Mayor Fayetteville, Arkansas ATTEST Heather Woodruff, City Clerk ADDRESS LESSEE UNITED STATES OF AMERICA By , Date _ Phyllis Carter, Contracting Officer Southern Region, Department of Agriculture - Forest Service 4 0 • REPRESENTATIONS AND CERTIFICATIONS (Short Form) Solicitation Number Dated (Simplified Acquisition of Leasehold Interests in Real Property for Leases Up to $100,000 Annual Rent) 1 118-02-01 December 20, 2001 Complete appropriate boxes, sign the form, and attach to offer. The Offeror makes the following Representations and Cerfifica tions. !VOTE: The "Offeror," as used on this form, is the owner of the property offered, not an individual or agent representing the owner. 1. SMALL BUSINESS REPRESENTATION (SEP 1999) (a) It [ ] is, l ] is not a small business. "Small' means a concern, including its affiliates, that is independently owned and operated, is not dominant in the field of operation, and has average annual gross revenues of $15 million or less for the preceding three fiscal years. The standard industrial classification (SIC) code for this acquisition is 6515. (b) It [ ] is, ( ] is not a small disadvantaged business. (See 48 CFR 52.219-1 for definition.) (c) It [ ] is, [ ] is not a women -owned small business (other than a small business). (See 48 CFR 52.204-5 for definition.) 2. 52.222-22 - PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (APR 1984) (Applicable to leases which exceed $10,000.) The Offeror represents that -- (a) It I ] has, [ ] has not participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the clause originally contained in Section 310 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114; (b) It [ ) has, [ ] has not filed all required compliance reports; and (c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. (Approved by OMB under Control Number 1215-0072.) 3. 52.222-25 - AFFIRMATIVE ACTION COMPLIANCE (APR 1984) (Applicable to leases which exceed $10,000.) (Applicable to contracts which include the clause at FAR 52.222-26, Equal Opportunity.) The Offeror represents that -- (a) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) It [ l has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (Approved by OMB under Control Number 1215-0072.) 4. 52.203-11 - CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (APR 1991) (DEVIATION) (Applicable to leases which exceed $100,000.) (a) The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions, are hereby incorporated by reference in paragraph (b) of this certification. (b) The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that on or after December 23, 1989, -- (1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of a contract resulting from this solicitation. (2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for Influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the offeror shall complete and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and (3) He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. (c) Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, title 31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure fort to be filed or amended by this provision, shall be subject to a civil penalty of not less than 510,000, and not more than $100,000, for each such failure. INITIALS: 8 LESSOR GOVERNMENT GSA FORM 3518A PAGE 1 (REV 9/99) 5. 52.204-3 -TAXPAYER IDENTIFICATION (JUN 1997) (a) Definitions. -Common parent," as used in this solicitation provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member. -Taxpayer Identification Number (TIN)," as used in this solicitation provision, means the number required by the IRS to be used by the offeror in reporting Income tax and other returns. (b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract. (c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)) If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (d) Taxpayer Identification Number (TIN). TIN: ' TIN has been applied or. TIN is not required because: ' Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States: Offeror is an agency or instrumentality of a foreign government; Offeror is an agency or instrumentality of the Federal government: (d) Type of organization. ' Sole proprietorship; Partnership; Not a corporate entity: ' Corporate entity not tax-exempt); Corporate entity tax-exempt); ' Government entity (Federal, State, or local); ' Foreign government; International organization per 26 CFR 1.6049-4: ' Other (e) Common Parent. Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision. Name and TIN of common parent: Name TIN 6. OFFEROR'S DUNS NUMBER (APR 1996) Enter number, if known: Name and Address (Including ZIP Code) I Telephone Number OFFEROR OR AUTHORIZED REPRESENTATIVE Signature INITIALS: & Date LESSOR GOVERNMENT GSA FORM 3518A PAGE 2 (REV 9199) GENERAL CLAUSES (Simplified Leases) (Acquisition of Leasehold Interests in Real Property for Leases Up to $100,000 Net Annual Rent) FULL TEXT OF CLAUSES 1. 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 health work environment for the Government tenants and the Lessor's performance under this lease. 2. If the building is partially or totally destroyed or damaged by fire or other casualty so that the leased space is untenantable as determined by the Government, the Government may terminate the lease upon 15 calendar days written notice to the Lessor and no further rental will be due. 3. The Lessor shall maintain the demised premises, including the building, building systems, and all equipment, fixtures, and appurtenances furnished by the Lessor under the lease, In good repair and tenantable condition. Upon request of the Contracting Officer, the Lessor shall provide written documentation that building systems have been maintained, tested, and are operational. 4. In the event the Lessor fails to perform any service, to provide any item, or meet any requirement of the 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 cost incurred for the service or item, including administrative costs, from rental payments. 5. 552.203-5 - COVENANT AGAINST CONTINGENT FEES (FEB 1990) (a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shalt have the right to annul this contract without liability or, in its discretion, to deduct from the contract price consideration, or otherwise recover the full amount of the contingent fee. (b) "Bona fide agency," as used in this clause, means an established commercial or selling agency (including licensed real estate agents or brokers), maintained by a Contractor for the purpose of securing business, that neither exerts nor proposes to exert Improper influence to solicit or obtain Govemment contracts nor holds out as being able to obtain any Government contract or contracts through improper influence. INITIALS: "Bona fide employee" as used in this clause, means a person, employed by a Contractor and subJ'ect to the Contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contract or contracts through improper influence. "Contingent fee" as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract. "Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter. 8 LESSOR GOVERNMENT GSA FORM 3517A (FULL TEXT) PAGE 1 (REV 9199) 6. 552.203-70 - PRICE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (SEP 1999) (Applicable to leases over $100,000.) (a) If the head of the contractin activity (HCA) or his or her designee determines that there was a violation of subsection 27?a) of the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 423), as implemented in the Federal Acquisition Regulation, the Government, at its election, may -- (1) Reduce the monthly rental under this lease by 5 percent of the amount of the rental for each month of the remaining term of the lease, including any option periods, and recover 5 percent of the rental already paid; (2) Reduce payments for alterations not Included in monthly rental payments by 5 percent of the amount of the alterations agreement; or (3) Reduce the payments for violations by a Lessor's subcontractor by an amount not to exceed the amount of profit or fee reflected in the subcontract at the time the subcontract was placed. (b) Prior to making a determination as set forth above, the HCA or designee shall provide to the Lessor a written notice of the action being considered and the basis therefor. The Lessor shall have a period determined by the agency head or designee, but not less than 30 calendar days after receipt of such notice, to submit in person, in writing, or through a representative, information and argument in opposition to the proposed reduction. The agency head or designee may, upon good cause shown, determine to deduct less than the above amounts from payments. (c) The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law or under this lease. 7. 52.209-6 - PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (AUG 1995) (Applicable to leases over $25,000.) (a) The Government suspends or debars Contractors to protect the Government's interest. Contractors shall not enter into any subcontract in excess of the small purchase limitation at FAR 13.000 with a Contractor that has been debarred, suspended, or proposed for debarment unless there is a compelling reason to do so. (b) The Contractor shall require each proposed first-tier subcontractor whose subcontract will exceed. the small purchase limitation as FAR 13.000, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the Federal Government. (c) A corporate officer or designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party that is debarred, suspended or proposed for debarment (See FAR 9.404 for information on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs). The notice must include the following: INITIALS: 1) The name of the subcontractor, (2) The Contractor's knowledge of the reasons for the subcontractor being on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs; (3) The compelling reason(s) for doing business with the subcontractor notwithstanding its inclusion on the List of parties Excluded from Federal Procurement and Nonprocurement Programs; (4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interest when dealing with such subcontractor in view of the specific basis for the part's debarment, suspension, or proposed debarment. 8 LESSOR GOVERNMENT GSA FORM 3517A (FULL TEXT) PAGE 2 (REV 9x99) • • 52.219-9 SMALL, SMALL DISADVANTAGED AND WOMEN -OWNED SMALL BUSINESS SUBCONTRACTING PLAN (AUG 1996) (Applicable to leases over $500,000.) (a) This clause does not apply to small business concerns. (b) "Commercial product," as used in this clause, means a product in regular production that is sold in substantial quantities to the general public and/or industry at established catalog or market prices. It also means a product which, in the opinion of the Contracting Officer, differs only Insignificantly from the Contractor's commercial product. "Subcontract," as used in this clause, means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of. the contract or subcontract. (c) The Offeror, upon request by the Contracting Officer, shall submit and negotiate a subcontracting plan, where applicable, which separately addresses subcontracting with small business concerns, with small disadvantaged business concerns and with women -owned small business concerns. if the Offeror is submitting an individual contract plan, the plan must separately address subcontracting with small business concerns, small disadvantaged business concems, and women -owned small business concerns with a separate part for the basic contract and separate parts for each option (if any). The plan shall be included in and made a part of the resultant contract. The subcontracting plan shall be negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate the subcontracting plan shall make the Offeror ineligible for award of a contract. (d) The offer's subcontracting plan shall include the following: INITIALS: (1) Goals, expressed in terms of percentages of total planned subcontracting dollars, for the use of small business concerns, small disadvantaged business concerns and women -owned small business concerns as subcontractors. The offeror shall include all subcontracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs. (2) A statement of -- I) Total dollars planned to be subcontracted; ii) Total dollars planned to be subcontracted to small business concerns; iii) Total dollars planned to be subcontracted to small disadvantaged business concerns; and (iv) Total dollars planned to be subcontracted to women -owned small business concerns. (3) A description of the principal types of supplies and services to be subcontracted, and an identification of the types planned for subcontracting to (i) small business concerns, (ii) small disadvantaged business concerns and (iii) women -owned small business concerns. (4) A description of the method used to develop the subcontracting goals in paragraph (d)(1) of this clause. (5) A description of the method used to identify potential sources for solicitation purposes (e.g , existing company source lists, the Procurement Automated Source System (PASS) of the Small Business Administration, the National Minority Purchasing Council Vendor Information Service, the Research and Information Division of the Minority Business Development Agency in the Department of Commerce, or small, small disadvantaged and women -owned small business concerns trade associations). A firm may rely on the information contained in PASS as an accurate representation of a concern's size and ownership characteristics for purposes of maintaining a small business source list. A firm may rely on PASS as a small business source list_ Use of the PASS as its source list does not relieve a firm of its responsibilities (e.g., outreach, assistance, counseling, publicizing subcontracting opportunities) in this clause. (6) A statement as to whether or not the Offeror included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportionate share of indirect costs to be incurred with (i) small business concerns, (il) small disadvantaged business concerns, and (iii) women -owned small business concerns. LESSOR GOVERNMENT GSA FORM 3517A (FULL TEXT) PAGE 3 (REV 9199) 0 (7) The name of the individual employed by the Offeror who will administer the offeror's subcontracting program, and a description of the duties of the individual. (8) A description of the efforts the Offeror will make to assure that small, small disadvantaged and women -owned small business concerns have an equitable opportunity to compete for subcontracts. (9) Assurances that the Offeror will include the clause in this contract entitled "Utilization of Small, Small Disadvantaged and Women -Owned Small Business Concerns" in all subcontracts that offer further subcontracting opportunities, and that the Offeror will require all subcontractors except small business concerns) who receive subcontracts in excess of $500,000 ($1,000,000 for construction of any public facility) to adopt a plan similar to the plan agreed to by the Offeror. (10) Assurances that the Offeror will (i) cooperate in any studies or surveys as may be required, (ii) submit periodic reports in order to allow the Government to determine the extent of compliance by the Offeror with the subcontracting plan, (iii) submit Standard Form (SF) 294 Subcontracting Report for Individual Contracts, and/or SF 295, Summary Subcontract Report, in accordance with the instructions on the forms, and (iv) ensure that its subcontractors agree to submit Standard Forms 294 and 295. (11) A recitation of the types of records the Offeror will maintain to demonstrate procedures that have been adopted to comply with the requirements and goals in the plan, including establishing source lists; and a description of its efforts to locate small, small disadvantaged and women -owned small business concerns and award subcontracts to them. The records shall include at least the following (on a plant -wide or company -wide basis, unless otherwise indicated): (i) Source lists {e.g., PASS), guides, and other data that identify small, small disadvantaged and women -owned small business concerns. (ii) Organizations contacted in an attempt to locate sources that are small, small disadvantaged or women -owned small business concerns. (iii) Records on each subcontract solicitation resulting in an award of more than $100,000, indicating (A) whether small business concerns were solicited and if not, why not, (B) whether small disadvantaged business concerns were solicited and if not, why not, (C) whether women -owned small business concerns were solicited and if not, why not, and (D) if applicable, the reason award was not made to a small business concern. (iv) Records of any outreach efforts to contact (A) trade associations, (B) business development organizations, and (C) conferences and trade fairs to locate small, small disadvantaged and women -owned small business sources. (v) Records of internal guidance and encouragement provided to buyers through (A) workshops, seminars, training, etc., and (B) monitoring performance to evaluate compliance with the program's requirements. (vi) On a contract-byy-contract basis, records to support award data submitted by the Offeror to the Govemment, including the name, address, and business size of each subcontractor. Contractors having company or division -wide annual plans need not comply with this requirement. (e) In order to effectively implement this plan to the extent consistent with efficient contract performance, the Contractor shall perform the following functions: INITIALS: (1) Assist small, small disadvantaged and women -owned small business concerns by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concerns. Where the Contractor's lists of potential small, small disadvantaged and women -owned small business subcontractors are excessively long, reasonable efforts shall be made to give all such small business concerns an opportunity to compete over a period of time. (2) Provide adequate and timely consideration of the potentialities of small, small disadvantaged and women -owned small business concerns in all "make -or -buy" decisions. (3) Counsel and discuss subcontracting opportunities with representatives of small, small disadvantaged and women -owned small business firms. (4) Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as small, small disadvantaged or women -owned small business for the purpose of obtaining a subcontract that is to be included as part or all of a goal contained In the Contractor's subcontracting plan. LESSOR GOVERNMENT GSA FORM 3517A (FULL TEXT) PAGE 4 (REV 9199) L J 0 (f) A master subcontracting plan on a plant or division -wide basis which contains all the elements required by paragraph (d) of this clause, except goals, may be incorporated by reference as a part of the subcontractingplan required of the Offeror by this clause; provided, (1) the master plan has been approved, (2) the Offeror ensures that the master plan Is updated as necessary and provides copies of the approved master plan, including evidence of its approval, to the Contracting Officer, and (3)goals and any deviations from the master plan deemed necessary by the Contracting Officer to satisfy the requirements of this contract are set forth in the individual subcontracting plan. (g} (1) If a commercial product is offered, the subcontracting plan required by this clause may relate to the offeror's production generally, for both commercial and noncommercial products, rather than solely to the Government contract. In these cases, the Offeror shall, with the concurrence of the Contracting Officer, submit one company -wide or division -wide annual plan. (2) The annual plan shall be reviewed for approval by the agency awarding the Offeror its first prime contract requiring a subcontracting plan during the fiscal year, or by an agency satisfactory to the Contracting Officer. (3) The approved plan shall remain in effect during the Offeror's fiscal year for all of the Offeror's commercial products. (h) Prior compliance of the Offeror with other such subcontracting plans under previous contracts will be considered by the Contracting Officer in determining the responsibility of the Offeror for award of the contract. (i) The failure of the Contractor or subcontractor to comply in good faith with (1) the clause of this contract entitled "Utilization of Small, Small Disadvantaged and Women -Owned Small Business Concerns," or (2) an approved plan required by this clause, shall be a material breach of the contract. 9. 52.219-16 LIQUIDATED DAMAGES --SUBCONTRACTING PLAN (JAN 1999) (Applicable to leases over $500,000.) (a) Failure to make a good faith effort to comply with the subcontracting plan, as used in this clause, means a willful or intentional failure to perform in accordance with the requirements of the subcontracting plan approved under the clause in this contract entitled "Small, Small Disadvantaged and Women -Owned Small Business Subcontracting Plan; or willful or intentional action to frustrate the plan. (b) Performance shall be measured by applying the percentage goals to the total actual subcontracting dollars or, if a commercial plan Is involved, to the pro rata share of actual subcontracting dollars attributable to Government contracts covered by the commercial plan. If, at contract completion or, in the case of a commercial plan, at the dose of the fiscal year for which the plan is applicable, the Contractor has failed to meet its subcontracting goals and the Contracting Officer decides in accordance with paragraph (c) of this clause that the Contractor failed to make a good faith effort to comply with Its subcontracting plan, established in accordance with the clause in this contract entitled "Small Business Subcontracting Plan," the Contractor shall pay the Government liquidated damages in an amount stated. The amount of probable damages attributable to the Contractor's failure to comply shall be an amount equal to the actual dollar amount by which the Contractor failed to achieve each subcontract goal. (c) Before the Contracting Officer makes a final decision that the Contractor has failed to make suchgood faith effort, the Contracting Officer shall give the Contractor written notice specifying the failure and permitting the Contractor to demonstrate what good faith efforts have been made and to discuss the matter. Failure to respond to the notice may be taken as an admission that no valid explanation exists. If, after consideration of all the pertinent data, the Contracting Officer finds that the Contractor failed to make a good faith effort to comply with the subcontracting plan, the Contracting Officer shall issue a final decision to that effect and require that the Contractor pay the Government liquidated damages as provided in paragraph (b) of this clause. (d) With respect to commercial products plans; i.e., company -wide or division -wide subcontracting Plans approved under paragraph (g) of the clause in this contract entitled "Small, Small Disadvantaged and Women -Owned Small Business Subcontracting Plan," the Contracting Officer of the agency that originally approved the plan will exercise the functions of the Contracting Officer under this clause on behalf of all agencies that awarded contracts covered by that commercial products plan. INITIALS: LESSOR GOVERNMENT GSA FORM 3517A (FULL TEXT) PAGE 5 (REV 9199) • (e) The Contractor shall have the right of appeal, under the clause in this contract entitled Disputes, from any final decision of the Contracting Officer. (f) Liquidated damages shall be in addition to any other remedies that the Government may have. 10. 52.222-26 - EQUAL OPPORTUNITY (FEB 1999) (Applicable to leases over $10,000) (a) If, during any 12 -month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggr gate value in excess of $10,000, the Contractor shall comply with subparagraphs b 1 through (11) below. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause. (b) During performing this contract, the Contractor agrees as follows: INITIALS: (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR 60-1.5. (2) The Contractor shall take affirmative action to ensure the applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. This shall include, but not be limited to, (i) employment, (ii) upgrading, (iii) demotion, (iv) transfer, (v) recruitment or recruitment advertising, (vi) layoff or termination, (vii) rates of pay or other forms of compensation, and (viii)) selection for training, including apprenticeship. (3) The Contractor shall post In conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause. (4) The Contractor shall, in all solicitations or advertisements 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. (5) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided byy the Contracting Officer advising the labor union or workers' representative of tfie Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment. (6) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. (7) The Contractor shall furnish to the contracting agency all information required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. Standard Form 100 (EEO -1), or any successor form, as prescribed in 41 CFRart 60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms (8) The Contractor shall permit access to its premises, during normal business hours, by thecontracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and coy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order 11246, as amended, and rules and regulations that implement the Executive Order. (9) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended, the rules, regulations, and orders of the Secretary of Labor, or as otherwise provided by law. LESSOR GOVERNMENT GSA FORM 3517A (FULL TEXT) PAGE 6 (REV 9199) 0 n u {10MTheContractor shall include the terms and conditions of subparagraph (b)(1) through of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. (12) The Contractor shall take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance; provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. (c) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR 60-1.1. 11. 52.222-21 — PROHIBITION OF SEGREGATED FACILITIES (FEB 1999) (a) "Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral policies or employee custom. The term does not include separate or single -user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (b) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract. (c) The Contractor shall include this clause in every subcontract and purchase order that isissubject to the Equal Opportunity clause of this contract. 12. 52.222-35 - AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (APR 1998) (DEVIATION) (a) Definitions. "Appropriate office of the State employment service system," as used in this clause, means the local office of the Federal -State national system of public employment offices with assigned responsibility for serving the area where the employment opening is to be filled, including the District of Columbia, Guam, Puerto Rico, and the Virgin Islands. "Positions that will be filled from within the Contractor's organization," as used in this clause, means employment openings for which no consideration will be given to persons outside the Contractor's organization (Including any affiliates, subsidiaries, and the parent companies) and includes any openings that the Contractor proposes to fill from regularly establish "recall" lists. "Employment openings," as used in this clause, includes full-time employment, temporary employment of over 3 days, and part-time employment, but does not include (1) executive and top management positions, (2) positions that will be filled from within the Contractor's organization or under a customary and traditional employer -union hiring arrangement, or (3) openings in an educational institution that are restricted to students of that Institution. "Veteran of the Vietnam era" means a person who -- Served on active duty for a period of more than 180 days, any part of which occurred between August 5, 1964, and May 7, 1975, and was discharged or released therefrom with other than a dishonorable discharge; or Was discharged or released from active duty for a service -connected disability if any part of such active duty was performed between August 5, 1964, and May 7, 1975. INITIALS: & LESSOR GOVERNMENT GSA FORM 3517A (FULL TEXT) PAGE 7 (REV 9199) (b) (c) • 40 General. (1) Regarding any position for which the employee or applicant for employment is qualified, the Contractor shall not discriminate against the individual because the individual is a disabled veteran or veteran of the Vietnam era. The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled veterans and veterans of the Vietnam era without discrimination based upon their disability or veterans' status in all employment practices such as -- i) Employment; ii) Upgrading; iii) Demotion or transfer; iv} Recruitment; v) Advertising; vi) Layoff or termination; vii) Rates of pay or other forms of compensation; and viii) Selection for training, including apprenticeship. (2) a Contractor agrees to com ly 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. Listing openings. (1) The Contractor agrees to list all employment openings existing at contract award or occurring during contract performance, at an appropriate office of the State employment service system in the locality where the opening occurs. These openings include those occurring at any contractor facility, including one not connected with performing this contract. An independent corporate affiliate is exempt from this requirement. (2) State and local government agencies holding Federal contracts of $10,000 or more shall also list all their openings with the appropriate office of the State employment service. (3) The listing of employment openings with the State employment service system is required at least concurrently with using any other recruitment source or effort and involves the obligations of placing a bona fide job order, including accepting referrals of veterans and nonveterans. This listing does not require hiring any particular job applicant or hiring from any particular group of job applicants and is not intended to relieve the Contractor from any requirements of Executive orders or regulations concerning nondiscrimination in employment. (4) Whenever the Contractor becomes contractually bound to the listing terms of this clause, it shall advise the State employment service system, in each State where it has establishments, of the name and location of each hiring location in the State. As long as the Contractor is contractually bound to these terms and has so advised the Stale system, it need not advise the State system of subsequent contracts. The Contractor may advise the State system when it is no longer bound by this contract clause. Applicability. (1) This clause does not apply to the listing of employment openings which occur and are filled outside the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (2) The terms of paragraph (c) above of this clause do not apply to openings that the Contractor proposes to fill from within its own organization or under a customary and traditional employer -union hiring arrangement. This exclusion does not apply to a particular opening once an employer decides to consider applicants outside of its own organization or employer -union arrangement for that opening. (e) Postings. INITIALS: (1) The Contractor agrees to post employment notices stating (i) the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era, and (ii) the rights of applicants and employees. (2) These notices shall be posted in conspicuous places that are available to employees and applicants for employment. They shall be in a form prescribed by the Director, Office of Federal Contract Compliance Programs, Department of Labor (Director), and provided by or through the Contracting Officer. (3) The Contractor shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of the Act, and is committed to take affirmative action LESSOR GOVERNMENT GSA FORM 3517A (FULL TEXT) PAGE 8 (REV 9199) • 0 to employ, and advance in employment, qualified disabled veterans and veterans of the Vietnam era. (fj Noncompliance. If the Contractor 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. (g) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary. The Contractor shall act as specified by the Director to enforce the terms, including action for noncompliance. 13. 52.222-35 - AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (APR 1998) (DEVIATION) (Applicable to leases over $10,000.) (a) Definitions. "Appropriate office of the State employment service system," as used in this clause, means the local office of the Federal -State national system of public employment offices with assigned responsibility for serving the area where the employment opening Is to be filled, including the District of Columbia, Guam, Puerto Rico, and the Virgin Islands. "Positions that will be filled from within the Contractor's organization," as used in this clause, means employment openings for which no consideration will be given to persons outside the Contractor's organization (Including any affiliates, subsidiaries, and the parent companies) and includes any openings that the Contractor proposes to fill from regularly establish "recall" lists. "Employment openings," as used in this clause, includes full-time employment, temporary employment of over 3 days, and part-time employment, but does not include (1) executive and top management positions, (2) positions that will be filled from within the Contractor's organization or under a customary and traditional employer -union hiring arrangement, or (3) openings in an educational institution that are restricted to students of that institution. "Veteran of the Vietnam era" means a person who -- Served on active duty for a period of more than 180 days, any part of which occurred between August 5, 1964, and May 7, 1975, and was discharged or released therefrom with other than a dishonorable discharge; or Was discharged or released from active duty for a service -connected disability if any part of such active duty was performed between August 5, 1964, and May 7, 1975. (b) General. (1) Regarding any position for which the employee or applicant for employment is qualified, the Contractor shall not discriminate against the individual because the Individual is a disabled veteran or veteran of the Vietnam era. The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled veterans and veterans of the Vietnam era without discrimination based upon their disability or veterans' status in all employment practices such as -- i) Employment; iI) Upgrading; iiI) Demotion or transfer; iv} Recruitment; v) Advertising; vi) Layoff or termination; vii) Rates of pay or other forms of compensation; and viii) Selection for training, including apprenticeship. (2) he Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor (Secretarryy issued under the Vietnam Era Veterans' Readjustment Assistance Act of 1972 (the Acl), as amended. (c) Listing openings. INITIALS: (1) The Contractor agrees to list all employment openings existing at contract award or occurring during contract performance, at an appropriate office of the State employment service system In the locality where the opening occurs. These openings include those occurring at any contractor facility, including one not connected with 8 LESSOR GOVERNMENT GSA FORM 3517A (FULL TEXT) PAGE 9 (REV 9/99) performing this contract. An independent corporate affiliate is exempt from this requirement. (2) State and local government agencies holding Federal contracts of $10,000 or more shall also list all their openings with the appropriate office of the State employment service. (3) The listing of employment openings with the State employment service system is required at least concurrently with using any other recruitment source or effort and involves the obligations of placing a bona fide job order, including accepting referrals of veterans and nonveterans. This listing does not require hiring any particularjob applicant or hiring from any particular group of job applicants and Is not Intended to relieve the Contractor from any requirements of Executive orders or regulations concerning nondiscrimination in employment. (4) Whenever the Contractor becomes contractually bound to the listing terms of this clause, it shall advise the State employment service system, in each State where it has establishments, of the name and location of each hiring location in the State. As long as the Contractor is contractually bound to these terms and has so advised the State system, it need not advise the State system of subsequent contracts. The Contractor may advise the State system when it is no longer bound by this contract clause. (d) Applicability. (1) This clause does not apply to the listing of employment openings which occur and are filled outside the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (2) The terms of paragraph (c) above of this clause do not apply to openings that the Contractor proposes to fill from within its own organization or under a customary and traditional employer -union hiring arrangement. This exclusion does not apply to a particular opening once an employer decides to consider applicants outside of its own organization or employer -union arrangement for that opening. (e) Postings. (1) The Contractor agrees to post employment notices stating (i) the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era, and (ii) the rights of applicants and employsees. (2) These notices shall be posted in conspicuous places that are available to employees and applicants for employment. They shall be in a form prescribed by the Director, Office of Federal Contract Compliance Programs, Department of Labor (Director), and provided by or through the Contracting Officer. (3) The Contractor shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of the Act, and is committed to take affirmative action to employ, and advance in employment, qualified disabled veterans and veterans of the Vietnam era. (f) Noncompliance. If the Contractor 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. (g) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary. The Contractor shall act as specified by the Director to enforce the terms, including action for noncompliance. 14. 52.222-36 - AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998) (Applicable to lease over $2,500.) (a) General. INITIALS: (1) Regarding any position for which the employee or applicant for employment is qualified, the Contractor shall not discriminate against any employee or applicant because of physical or mental disability. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified individuals with disabilities without discrimination based upon their physical or mental disability in all employment practices such as -- (i) Recruitment, advertising, and job application procedures; LESSOR GOVERNMENT GSA FORM 3517A (FULL TEXT) PAGE 10 (REV 9199) (ii) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff, and rehiring; II! Rates of pay or any other form of compensation and changes in compensation; iv Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists; v) Leaves of absence, sick leave, or any other leave; w) Fringe benefits available by virtue of employment, whether or not administered by the Contractor; (vii) Selection and financial support for training, including apprenticeships, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training (viii) Activities sponsored by the Contractor, including social or recreational programs; and {ix) Any other term, condition, or privilege of employment (2) he Contractor 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. (b) Postings. (1) The Contractor agrees to post employment notices stating (i) the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified individuals with disabilities and (ii) the rights of applicants and employees. (2) These notices shall be posted in conspicuous places that are available to employees and applicants for employment. The Contractor shall ensure that applicants and employees with disabilities are Informed of the contents of the notice (e.g., the Contractor may have the notice read to a visually disabled individual, or may flower the posted notice so that it might be read by a person in a wheelchair). The notices shall e in a form prescribed by the Deputy Assistant Secretary for Federal Contract Compliance of the U.S. Department of Labor (Deputy Assistant Secretary) and shall be provided by or through the Contracting Officer. (3) The Contractor shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Section 503 of the Act and is committed to take affirmative action to employ, and advance in employment, qualified individuals with physical or mental disabilities. (c) Noncompliance. If the Contractor 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. (d) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $2,500 unless exempted by rules, regulations, or orders of the Secretary. The Contractor shall act as specified by the Director to enforce the terms, including action for noncompliance. 15. 52.222-37 - EMPLOYMENT REPORTS ON DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (JAN 1999) (Applicable to leases over $10,000.) (a) Unless the Contractor is a State or local government agency, the Contractor shall report at least annually, as required by the Secretary of Labor, on: (1) The number of disabled veterans and the number of veterans of the Vietnam era in the workforce of the contractor by job category and hiring location; and (2) The total number of new employees hired during the period covered by the report, and of that total, the number of special disabled veterans, and the number of veterans of the Vietnam era. (b) The above items shall be reported by completing the form entitled "Federal Contractor Veterans' Employment Report VETS -100." (c) Reports shall be submitted no later than September 30 of each year beginning September 30, 1988. (d) The employment activity report required by paragraph (a)(2) of this clause shall reflect total hires during the most recent 12 -month period as off the ending date selected for the employment profile report required by paragraph (a)(1) of this clause. Contractors may select INITIALS. LESSOR GOVERNMENT GSA FORM 3517A (FULL TEXT) PAGE 11 (REV 9/99) an ending date: (1) As of the end of any payPeriod during the period January through March 1 of the year the report is due, or (2) as of December 31, if the Contractor has previous written approval from the Equal Employment Opportunity Commission to do so for purposes EE of submitting the Employer Information Report 10-1 (Standard Form 100). (e) The count of veterans reported according to paragraph (a) of this clause shall be based on voluntary disclosure. Each Contractor subject to the reporting requirements at 38 U.S.C. 4212 shall invite all special disabled veterans and veterans of the Vietnam era who wish to benefit under the affirmative action program at 38 U.S.C. 4212 to identify themselves to the Contractor. The invitation shall state that the information is voluntarily provided, that the information will be kept confidential, that disclosure or refusal to provide the information will not subject the applicant or employee to any adverse treatment, and that the information will be used only in accordance with the regulations promulgated under 38 U.S.C. 4212. (f) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary. 16. 52.232-23 - ASSIGNMENT OF CLAIMS (JAN 1986) (a) The Contractor, under the Assignment of Claims Act, as amended, 31 U.S.C. 3727, 41 U.S.C. 15 (hereafter referred to as "the Act"), may assign its right to be paid amounts due or to become due as a result of the performance by contract to a bank, trust company, or other financing institution, including any Federal lending agency. The assignee under such an assignment may thereafter further assign or reassign or reassign its right under the original assignment to any type of financing institution described in the preceding sentence. (b)Any assignment or reassignment authorized under the Act and this clause shall cover all unpaid amounts payable under this contract, and shall not be made to more than one party, except that an assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in the financing of this contract. (c) The Contractor shall not furnish or disclose to any assignee under this contract any classified document (including this contract) or information related to work under this contract until the Contracting Officer authorizes such in writing. 17. 552.232-75 - PROMPT PAYMENT (SEP 1999) The Government will make payments under the terms and conditions specified in this clause. Payment shall be considered as being made on the day a check is dated or an electronic funds transfer Is made. All days referred to in this clause are calendar days, unless otherwise specified. (a) Payment due date. (1) Rental payments. Rent shall be paid monthly in arrears and will be due on the first workday of each month, and only as provided for by the lease. (i) When the date for commencement of rent falls on the 15th day of the month or earlier, the initial monthly rental payment under this contract shall become due on the first workday of the month following the month in which the commencement of the rent is effective. (ii) When the date for commencement of rent falls after the 15th day of the month, the initial monthly rental payment under this contract shall become due on the first workday of the second month following the month in which the commencement of the rent is effective. (2) Other payments. The due date for making payments other than rent shall be the later of the following two events. (i) The 30th day after the designated billing office has received a proper invoice from the Contractor. (ii) The 30th day after Government acceptance of the work or service. However, if the designated billing office fails to annotate the invoice with the actual date of receipt, the invoice payment due date shall be deemed to be the 30th day after the Contractor's invoice is dated, provided a proper invoice is received and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements. INITIALS: 8 LESSOR GOVERNMENT GSA FORM 3517A (FULL TEXT) PAGE 12 (REV 9199) (b) Invoice and inspection requirements for payments other than rent. (1) The Contractor shall prepare and submit an invoice to the designated billing office after completion of the work. A proper invoice shall include the following items: i) Name and address of the Contractor. Invoice date. iii Lease number. iv Government's order number or other authorization. v) Description, price, and quantity of work or services delivered. vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the remittance address in the lease or the order.) (vii) Name (where practicable), title, phone number, and mailing address of person to be notified in the event of a defective invoice. (2) The Government will inspect and determine the acceptability of the work performed or services delivered within 7 days after the receipt of a proper invoice or notification of completion of the work or services unless a different period is specified at the time the order is placed. If actual acceptance occurs later, for the purpose of determining the payment due date and calculation of interest, acceptance will be deemed to occur on the last day of the 7 -day inspection period. If the work or service is rejected for failure to conform to the technical requirements of the contract, the 7 days will be counted beginning with receipt of a new invoice or notification. In either case, the Contractor is not entitled to any payment or interest unless actual acceptance by the Government occurs. (c) Interest Penalty. (1) An interest penalty shall be paid automatically by the Government, without request from the Contractor, ifayment is not made by the due date. (2) The interest penalty shall be at the rate estabfished by the Secretary of the Treasury under Section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611) that is in effect on the day after the due date. This rate is referred to as the "Renegotiation Board Interest Rate," and it is published in the Federal Register semiannually on or about January 1 and July 1. The interest penalty shall accrue daily on the payment amount approved by the Government and be compounded in 30 -day increments inclusive from the first day after the due date through the payment date. (3) Interest penalties will not continue to accrue after the filing of a claim for such penalties under the clause at 52.233-1, Disputes, or for more than 1 year. Interest penalties of less than $1.00 need not be paid. (4) Interest penalties are not required on payment delays due to disagreement between the Government and Contractor over the payment amount or other issues involving contract compliance or on amounts temporarily withheld or retained in accordance with the terms of the contract. Claims involving disputes, and any interest that may be payable, will be resolved in accordance with the clause at 52.233-1, Disputes. 18. 552.232-76 - ELECTRONIC FUNDS TRANSFER PAYMENT (SEP 1999) (Variation) (a) The Government will make payments under this lease by electronic funds transfer (EFT). After award, but no later than 30 days before the first payment, the Lessor shall designate a financial institution for receipt of EFT payments, and shall submit this designation to the Contracting Officer or other Government official, as directed. (b) The Lessor shall provide the following information: 1 The lease number to which this notice applies. 2 The American Bankers Association 9 -digit identifying number for wire transfers of the financing institution receiving payment if the institution has access to the Federal Reserve Communications System. 3 Number of account to which funds are to be deposited. 4 Type of depositor account ("C" for checking, "S for savings. 5 If the Lessor is a new enrollee to the EFT system, a competed "Payment Information Form," SF 3881. (c) In the event the Lessor, during the performance of this contract, elects to designate a different financial institution for the receipt of any payment made using EFT procedures, notification of such change and the required information specified in (b), above must be received by the appropriate Government official no later than 30 days prior to the dale such change is to become effective. INITIALS: LESSOR GOVERNMENT GSA FORM 3517A (FULL TEXT) PAGE 13 (REV 9199) • 0 (d) The documents furnishing the information required in this clause must be dated and contain the signature, title, and telephone number of the Lessor or an authorized representative designated by the Lessor, as well as the Lessor's name and lease number. (e) Lessor failure to property designate a financial institution or to provide appropriate payee bank account information may delay payments of amounts otherwise properly due. 19. 52.233-1 - DISPUTES (DEC 1998) (a) This contract is subject to the Contract Disputes act of 1978, as amended (41 U.S.C. 601-613 (b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause. (c) "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required y subparagraph (d)(2 of this clause. A voucher, invoice, or other routine request for payment that Is not In ispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. (d) (1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer. (2) (i) The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting any claim exceeding $100,000 (ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim. (iii) The certification shall state as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly authorized to certify the claim on behalf of the Contractor." (3) The certification may be executed by any person duly authorized to bind the Contractor with respect to the claim. (e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor - certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made. (t) The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in the Act. (g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative disputes resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor's specific reasons for rejecting the offer. (h) The Government shall pay interest on the amount found due and unpaid from (1) the date that the Contracting Officer receives the claim (certified if required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, as defined in FAR 33.201, interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6 -month period as fixed by the Treasury Secretary during the pendency of the claim. INITIALS: LESSOR GOVERNMENT GSA FORM 3517A (FULL TEXTI PAGE 14 (REV 9199) 0 • (i) The Contractor shall proceed diligently with Performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer. 20. 52.215-10 -PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (OCT 1997) (Applies when cost or pricing data are required for work or service exceeding $500,000) (a) If any price, including profit or fee, negotiated in connection with this contract, or any cost reimbursable under this contract, was Increased by any significant amount because— (1) The Contractor or a subcontractor fumished cost or pricing data that were not complete, accurate, and current as certified in its Certificate of Current Cost or Pricing Data; (2) A subcontractor or prospective subcontractor furnished the Contractor cost or pricing data that were not complete, accurate, and current as certified in the Contractor's Certificate of Current Cost or Pricing Data; or (3) Any of these parties furnished data of any description that were not accurate, the price or cost shall be reduced accordingly and the contract shall be modified to reflect the reduction. (b) Any reduction in the contract price under paragraph (a) of this clause due to defective data from a prospective subcontractor that was not subsequently awarded the subcontract shall be limited to the amount, plus applicable overhead and profit markup, by which (1) the actual subcontract or (2) the actual cost to the Contractor, if there was no subcontract, was less than the prospective subcontract cost estimate submitted by the Contractor; provided, that the actual subcontract price was not itself affected by defective cost or pricing data. (c) (1) If the Contracting Officer determines under paragraph (a) of this clause that a price or cost reduction should be made, the Contractor agrees not to raise the following matters as a defense: (i) The Contractor or subcontractor was a sole source supplier or otherwise was in a superior bargaining position and thus the price of the contract would not have been modified even If accurate, complete, and current cost or pricing data had been submitted. (ii) The Contracting Officer should have known that the cost or pricing data in issue were defective even though the Contractor or subcontractor took no affirmative action to bring the character of the data to the attention of the Contracting Officer. (iii) The contract was based on an agreement about the total cost of the contract and there was no agreement about the cost of each item procured under the contract. (iv) The Contractor or subcontractor did not submit a Certificate of Current Cost or Pricing Data. (2) (i) Except as prohibited by subdivision (c)(2)(ii) of this clause, an offset in an amount determined appropriate by the Contracting Officer based upon the facts shall be allowed against the amount of a contract price reduction if -- (A) The Contractor certifies to the Contracting Officer that, to the best of the Contractor's knowledge and belief, the Contractor is entitled to the offset in the amount requested; and (B) The Contractor proves that the cost or pricing data were available before the "as or date specified on its Certificate of Current Cost or Pricing Data, and that the data were not submitted before such date. (ii) An offset shall not be allowed if -- (A) The understated data were known by the Contractor to be understated before the "as or date specified on its Certificate of Current Cost or Pricing Data; or (B) The Government proves that the facts demonstrate that the contract price would not have increased in the amount to be offset even if the available data had been submitted before the "as of" date specified on its Certificate of Current Cost or Pricing Data. (d) If any reduction in the contract price under this clause reduces the price of items for which payment was made prior to the date of the modification reflecting the price reduction, the Contractor shall be liable to and shall pay the United States at the time such overpayment is repaid -- (1) Simple interest on the amount of such overpayment to be computed from the dates) of overpayment to the Contractor to the date the Government is repaid by the Contractor at the applicable underpayment rate effective for each quarter prescribed by the Secretary of the Treasury under 26 U.S.C. 6621(a)(2); and INITIALS: & LESSOR GOVERNMENT GSA FORM 3517A (FULL TEXT) PAGE 15 (REV 9199) (2) A penalty equal to the amount of the overpayment, if the Contractor or subcontractor knowingly submitted cost or pricing data that were incomplete, inaccurate, or noncurrent. 21. 52.215-12 - SUBCONTRACTOR COST OR PRICING DATA (OCT 1997) (Applies when the clause at FAR 52.215-10 is applicable.) (a) Before awarding any subcontract expected to exceed the threshold for submission of cost or pricing data at FAR 15.403-4, on the date of agreement on price or the date of award, which ever is later; or before pricing any subcontract modification involving a pricing adjustment expected to exceed the threshold for submission of cost or pricing data at FAR 15.443-4, the Contractor shall require the subcontractor to submit cost or pricing data (actually or by specific identification in writing), unless an exception under FAR 15.403-1 applies. (b) The Contractor shall require the subcontractor to certify in substantially the form prescribed in FAR 15.406 2 that, to the best of its knowledge and belief, the data submitted under paragraph (a) of this clause were accurate, complete, and current as of the date of agreement on the negotiated price of the subcontract or subcontract modification. (c) In each subcontract that exceeds the threshold for submission of cost or pricing data at FAR 15.403-4, when entered into, the Contractor shall insert either -- (1) The substance of this clause, including this paragraph (c), it paragraph (a) of this clause requires submission of cost orpricing data for the subcontract, or (2) The substance of the clause at FAR 52.215-13, Subcontractor Cost or Pricing Data -- Modifications. 22. 52.222-1 — PROHIBITION OF SEGREGATED FACILITIES (FEB 1999) (a) "Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral policies or employee custom. The term does not include separate or single -user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (b) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract. (c) The Contractor shall include this clause in every subcontract and purchase order that isissubject to the Equal Opportunity clause of this contract. INITIALS: LESSOR GOVERNMENT GSA FORM 3517A (FULL TEXT) PAGE 16 (REV 9199) PROCUREMENT REOUEST T ur�,t Office) MEDUESYMOFFHCE R _ Southern Region ES. 13 , USDA Forest ser*St 20 Peachtree IC R 4 FI L M E ` lanta GA 30309 ✓ 3 �O REWiM LOK"W7 NUMeEA ORDER UW Fl1HD PURCNASE.TIEUVERY SUB ` PROC10MMENT REOUEST NO PAGE 0"%C1 No. DATE CODE CAGE ORDERNUMDEA I 50-02-174 43ZP I Ok j 24-APR-2002 I 31 1 TT (DATE 24-APR-2002 11 OF 2 TO. (SET.LIM Camsta EE PPuRousf CITY OF FAYETCEVILLE, ARKANSAS USDA Forest Service - Southern ReRECEIVED ATTN: OFFICE OF THE CITY CLERK PURCHASE 113 WEST MOUNTAIN Attn: BARBARA BUDLONG ORDER FTZVIDNUMWR 1720 Peachtree St. Nva MAY 0 8 2QQ2 FAYETTEVILLE AR US 72701 1 SJR PHONE 479-575-8323 EXT Atlanta GA 30309 CITY OFFAYI=iTEV1LL� CITYFFAYEOFFICE PAX 479-718-7695 EXT PHONE: 404-347-1029 EXT: CfTy CLEWS OaAA ADDRESS- FAX: 404-347-2776 EXT: LME ! ALT DESCrUPTION OUDOET ACC 1 GUAKTITY ima UNIT PRte -7AMOUNT REM I CODEI I 108JECT LWE 4 ISSUE Ol AIRPORT LEASE FOR NEW TANKER BASE 2540 01 9.000 Mo 52,347.0000 521,123.00 FROM: JAN. 1 - SEPT. 31, 2002 SHIPPINO INSTRUC1'ION8 x INSIDE DELIVERY!!...!! PaN117rIAaI yl�rr court �eradstbw C E I V E J) MARC ROUNSAVILLE 404-347-3464 M Y 0 3 2002 TtCMMCAL CONTACT TELEPHOW KD- EXT 404-347-2836 AIRPORT I I FAX MO. EXT •- i FOG POUR I DZCOLN ANMR NET PAYMENT TERMS DAYS DAYS DAYS NET Sub-ToteL $21.123.00 DESTINATION REOUAPD oar4 y DATE SKIP VIA ESTIMATED FFWCWfT TOTAL `I $21,123.00 01-JAN-2002 III ACG I LPHE ACCGUWF GCLASWICAnON A e _ _ C D E OCSTRaunON % AMOWT I PRPA50 00 $21,123.00 01 _ i FWZOM EAM SOURCUS) N nmon"g. wa pmxtnw* I oreM Hat Ta aowe NmT an rwcoavy><r we r+TM aac ser cm. Ronald Coats Unit Leader Fire & Aviation PHONE. 404 347-2726 exT FAX; 404 347-2836 ExT 42 sr.mAn" of ALfTgRQm REPP SARATNE y, z F'TM VaISJON(Oe'tYFQJ 24 -APR -M )z FAYETTEeILLE � AIRPORTADMINISTRATION OFFICE THE CITY OF FAYETTEVILLE. ARKANSAS February 21, 2002 Ms. Phyllis Carter USDA Forest Service Property Group 1720 Peachtree Rd., NW, Suite 951 Atlanta, GA 30309 Dear Ms. Carter, Enclosed is your original copy of the executed lease. We are very pleased that the USDA Forest Service can now undertake development at Drake Field. Your assistance and cooperation during this process is very much appreciated. Please feel free to call me if I can be of service to you. Sinc Ray M. Boudreaux Director, Aviation & conomic Development RB/j n cc: file 4500 SOUTH SCHOOL AVENUE, SUITE F • AIRPORT TERMINAL BUILDING • FAYETTEVILLE. AR 72701 PHONE $01-718.7640 Ext.5 • FAX 501-718-7646 0 - 0 UNITED STATES GOVERNMENT LEASE FOR AIR OPERATIONS BASE (Under authority of sec. 1, Act of August 4, 1965, 79 Stat. 431; 7 U.S.C. 2250a.) Lease Number:.57-43Z,E-2-06 Date: January 10. 2002 LESSOR: City of Fayetteville, Arkansas 113 West Mountain Fayetteville, Arkansas 72701 ATTN: Office of the City Clerk Phone: 479-575-8323 Fax: 479-718-7695 With Copy to: Fayetteville Municipal Airport 4500 South School Ave., Suite F Fayetteville, Arkansas 72701 ATTN. Airport Administration Offices Phone: 479-718-7642 Fax: 479-718-7646 LESSEE: The United States of America - By the Contracting Officer, Region 8 USDA Forest Service 1720 Peachtree Road, NW Atlanta, GA 30309 Phone: 404-347-2618 Fax: 404-347-4866 THIS LEASE, made and entered into this date by and between the City of Fayetteville, Washington County, Fayetteville, Arkansas, and whose interest in the property hereinafter described is that of owner, hereinafter called the Lessor, and the United States of America by the Contracting Officer, Region 8, USDA Forest Service whose office address is Atlanta, Georgia, hereinafter called the Government: WITNESSETH: The parties hereto for the considerations hereinafter mentioned, covenant and agree as follows: The Lessor hereby leases to the Government the following described premises and easements at Fayetteville Municipal Airport (Drake Field), Fayetteville, Arkansas. Fifth Principal Meridian, Township 15 North, Range 30 West, Section 4 — That part of Section 4 as shown on the attached plat, said plat being recorded in Book 2001, Page 110805 of Washington County Courthouse, Fayetteville, Arkansas, Said premises containing 12.8 acres total, more or less, as shown on the attached plat. The leased premises and easements are to be used to construct, maintain, access, and occupy the improvements and facilities necessary for air operations with access to airport runways and taxiways. 1. TO HAVE AND TO HOLD the said premises with appurtenances for the term beginning January 1. 2002, through December 31, 2006, subject to termination and renewal rights as may be hereinafter set forth. The Government will pay the Lessor upon execution of this lease, rent at the rate of 528,160 for the first year. Rent for the second year shall be based on an 8% rate of return applied to the Fair Market Value (FMV) as determined by a licensed appraiser. Each year thereafter, the rent shall be increased or decreased based upon the Consumer Price Index (All Urban Consumers — All Items) as published by the United States Department of Labor, Bureau of Labor Statistics, plus one percent (1%). Payment shall be made quarterly in equal installments in arrears. 3. FMV determinations maybe made at 5 -year intervals and applied as stipulated in paragraph 2 above. Payment will continue to be made quarterly in equal installments in arrears. 4. The Government may terminate this lease at any time by giving 120 days notice in writing to the Lessor. 5. This lease may be renewed at the option of the Government for each year not to exceed a total period of 20 years - January,, 2M. -through Dreember 3l. 2023. under the existing terms if the Government notifies the Lessor in writing at least 60 days before this lease otherwise would expire. 6. The said property will be used for Government purposes, and the Government hereby covenants and agrees to not assign this Iease without written permission from the Lessor and not permit the use of the above described tracts or parcels of land by anyone other than the Government, its agents and servants, and cooperators with the Government. 7. The Lessor shall furnish to the Government, during the occupancy of said premises under the terms of the lease, the following: a. Ingress to and Egress from Adjacent. The Government shall have all reasonable right, free of charge, to ingress to and egress from said property for the uses and purposes herein mentioned, provided, that the use of adjacent property and of all runways and airport facilities shall be subject to all rules and regulations governing the use of said airport facilities. The Lessor agrees to complete the improvement project currently underway to widen taxiways designated on the attached drawing to a minimum width of 50' within two years. b. Routine Services. Lessor agrees to furnish the Government such routine services as are famished to other tenants of the Fayetteville Municipal Airport and at proportionate rates should there be a charge for such services. These services shall include, but not be limited to, fire protection, snow removal and weed control, notwithstanding the requirement of the Government to maintain their leased premises, the boundaries of such leased premises as represented by attachment to this lease. The Lessor also agrees to provide control tower 2 services as long as it remains economically feasible to provide such services as determined by the Airport Advisory Board. c. - - The Lessor guarantees to the Government rights-of-way, free of charge, to install at Government expense all power lines, sewer lines, gas lines and waterlines and any other utility lines required to service the Government improvements and facilities. 8. The Government shall have rights, during the existence of this lease: a. To erect such structures and associated facilities as may be needed upon the premises hereby leased, such improvements to be and remain the property of the Government and may be removed therefrom by the Government within a reasonable,time after termination of this lease or renewal thereof. The Government shall provide written notice to the City of Fayetteville of planned new structural development during the term of the lease. b. To dispose of improvements in place, in the event that use is discontinued by the Government; provided that if disposition of the improvements is to a party or parties other than the Lessor, the improvements shall be removed from the premises within a reasonable period. 9. Any structures or improvements erected or constructed upon the premises will not compromise the airport requirements consistent with the Federal Acquisition Regulation 77, Objects Affecting Navigable Airspace, and other recommended airport design criteria of the Federal Aviation Administration, unless previously approved by the Administrator's duly authorized representative. Facility construction shall be in compliance with current building codes in effect at the time of construction. 10. It is agreed and understood by and between the parties that the Government will maintain the structures furnished under this lease in good repair and tenantable condition during the term of the lease. 11. A joint physical survey and inspection report of the demised property shall be made as of the effective date of the lease, reflecting the then present condition, and shall be signed on behalf of the parties hereto. 12. Nothing in this lease shall be construed as obligating the Government to expend, or as involving the United States in any obligation for the future payment of money in excess of appropriations authorized by law and administratively made available. 13. The Lessor agrees to not discriminate by segregation or otherwise against any person or persons because of race, creed color, religion, national origin, sex, martial status, or handicap in the furnishing, or by refusing to furnish, to such 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, client, guests, and invites. 3 14. No member of, or Delegate to, Congress, or Resident Commissioner, shall be admitted to any share or part of this lease 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. rN WITNESS WHEREOF, the parties hereto have hereunder subscribed their names as of the date first above written. LESSOR City of Fayett tile, Arkansas By 4AA, Date 'Z- 02 ' Darf Coody, Mayor Fayetteville, Arkansas ATTEST L.J 7� tea/ Heather Woodruff, City Cie ADDRESS ' LESSEE ETED STATE rZCA , / Date 7' /0 '2-- Phyllilkarier, Contracting Officer Southern Region, Department of Agriculture - Forest Service 4 0 0 GENERAL CLAUSES (Simplified Leases) (Acquisition of Leasehold Interests in Real Property for Leases Up to $100,000 Net Annual Rent) FULL TEXT OF CLAUSES 1. The Government reserves the right, at any time after the lease is signed and during the term of the lease, to inspect the teased premises and all other areas of the building to which access is necessary to ensure a safe and health work environment for the Government tenants and the Lessor's performance under this lease. 2. If the building is partially or totally destroyed or damaged by fire or other casualty so that the leased space is untenantable as determined by the Government, the Government may terminate the lease upon 15 calendar days written notice to the Lessor and no further rental will be due. 3. The Lessor shall maintain the demised premises, including the building, building systems, and all equipment, fixtures, and appurtenances famished by the Lessor under the lease, in good repair and tenantable condition. Upon request of the Contracting Officer, the Lessor shall provide written documentation that building systems have been maintained, tested, and are operational. 4. In the event the Lessor fails to perform any service, to provide any item, or meet any requirement of the 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 cost incurred for the service or item, including administrative costs, from rental payments. 5. 552.203-5 -COVENANT AGAINST CONTINGENT FEES (FEB 1990) WTIAL& (a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price consideration, or otherwise recover the full amount of the contingent fee. (b) "Bona fide agency," as used in this clause, means an established commercial or selling agency (including licensed real estate agents or brokers), maintained by a Contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence. "Bona fide employee" as used in this clause, means a person, employed by a Contractor and subject to the Contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contract or contracts through improper influence. "Contingent fee" as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract. "Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any bass other than the merits of the matter. LESSOR O GOVERNMENT J GSA FORM 3517A (FULL TEXT) PAGE 1 (REV 9/99) • 0 6. 552.203-70 - PRICE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (SEP 1999) (Applicable to leases over $100,000.) (a) If the head of the contracting activity (HCA) or his or her designee determines that there was a violation of subsection 27(a) of the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 423), as implemented in -the Federal Acquisition Regulation, the Govemment, at its election, may -- (1) Reduce the monthly rental under this lease by 5 percent of the amount of the rental for each month of the remaining term of the lease, including any option periods, and recover 5 percent of the rental already paid; (2) Reduce payments for alterations not Included in monthly rental payments by 5 percent of the amount of the alterations agreement; or (3) Reduce the payments for violations by a Lessor's subcontractor by an amount not to exceed the amount of profit or fee reflected in the subcontract at the time the subcontract was placed. (b) Prior to making a determination as set forth above, the HCA or designee shall provide to the Lessor a written notice of the action being considered and the basis therefor. The Lessor shall have a period determined by the agency head or designee, but not less than 30 calendar days after receipt of such notice, to submit in person, in writing, or through a representative, information and argument in opposition to the proposed reduction. The agency head or designee may, upon good cause shown, determine to deduct less than the above amounts from payments. (c) The rights and remedies of the Government specified herein are not exclusive, and are "in addition to any other rights and remedies provided by law or under this lease. 7. 52.209-6 - PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED. OR PROPOSED FOR DEBARMENT (AUG 1995) INITIALS: (Applicable to leases over $25,000.) (a) The Government suspends or'debars Contractors to protect the Government's interest. Contractors shall not enter into any subcontract in excess of the small purchase limitation at FAR 13.000 with a Contractor that has been debarred, suspended, or proposed for debarment unless there is a compelling reason to do so. (b) The Contractor shall require each proposed first-tier subcontractor whose subcontract will exceed. the small purchase limitation as FAR 13.000, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or Is not debarred, suspended, or proposed for debarment by the Federal Government. (c) A corporate officer or designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party that is debarred, suspended or Nropposed for debarment (See FAR 9.404 for information on the List of Parties Excluded from deral Procurement and Nonprocurement Programs). The notice must include the following: (1) The name of the subcontractor, 2 The Contractor's knowledge of the reasons for the subcontractor being on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs; (3) The compelling reason(s) for doing business with the subcontractor notwithstanding its inclusion on the List of parties Excluded from Federal Procurement and Nonprocurement Programs; (4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interest when dealing with such subcontractor in view of the specific basis for the part's debarment, suspension, or proposed debarment. & LESSOR GOVERNMENT GSA FORM 3517A (FULL TEXT) PAGE 2 (REV 9199) • 0 8, 52.219-9 SMALL, SMALL DISADVANTAGED AND WOMEN -OWNED SMALL BUSINESS SUBCONTRACTING PLAN (AUG 1996) (Applicable to leases over $500,000.) (a) This clause does not apply to small business concerns. (b) 'Commercial product," as used in this clause, means a product in regular production that is sold in substantial quantities to the general public and/or industry at established catalog or market Prices. It also means a product which, in the opinion of the Contracting Officer, differs only insignificantfy from the Contractor's commercial product. "Subcontract," as used in this clause, means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract. (c) The Offeror, upon request by theContracting Officer, shall submit and negotiate a subcontracting plan, where applicable, which separately. addresses subcontracting with small business concerns, with small disadvantaged business concerns and with women -owned small business concerns. If the Offeror is submitting an individual contract plan, the plan must separately address subcontracting with small business concerns, small disadvantaged business concerns, and women -owned small business concerns with a separate pari for the basic contract and separate parts for each option (if any). The plan shall be included in and made a part of the resultant contract. The subcontracting plan shall be negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate the subcontracting plan shall make the Offeror ineligible for award of a contract. (d) The offer's subcontracting plan shall include the following (1) Goals, expressed in terms of percentages of total planned subcontracting dollars, for the use of small business concerns, small disadvantaged business concerns and women -owned small business concerns as subcontractors. The offeror shall include all subcontracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs. (2) A statement of— i) Total dollars.planned to be subcontracted; u) Total dollars planned to be subcontracted to small business concerns; in) Total dollars planned to be subcontracted to small disadvantaged business concerns; and {iv) Total dollars planned to be subcontracted to women -owned small business concerns. (3) A description of the pprincipal types of supplies and services to be subcontracted, and an identification of the fypes planned for subcontracting to (i) small business concerns, (ii) small disadvantaged business concerns and (iii) women -owned small business concerns. (4) A description of the method used to develop the subcontracting goals in paragraph (d)(1) of this clause. (5) A description of the method used to identify potential sources for solicitation purposes (e.g., existing company source lists, the Procurement Automated Source System (BASS) of the Small Business Administration, the National Minority Purchasing Council Vendor Information Service, the Research and Information Division of the Minority Business Development Agency in the Department of Commerce, or small, small disadvantaged and women -owned small business concerns trade associations). A firm may rely on the information contained in PASS as an accurate representation of a concern's size and ownership characteristics for purposes of maintaining a small business source list. A firm may rely on PASS as a small business source list. Use of the PASS as its source list does not relieve a firm of its responsibilities (e.g.. outreach, assistance, counseling, publicizing subcontracting opportunities) in this clause. (6) A statement as to whether or not the Offeror included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportionate share of indirect'costs to be incurred with (i) small business concems, (ii) small disadvantaged business concerns, and (iii) women -owned small business concerns. INITIALS: S. LESSOR GOVERNMENT GSA FORM 3517A (FULL TEXT) PAGE 3 (REV 9199) (e) INITIALS. W . • (7) The name of the individual employed by the Offeror who will administer the offeror's subcontracting program, and a description of the duties of the individual. (8) A description of the efforts the Offeror will make to assure that small, small disadvantaged and women -owned small business concerns have an equitable Opportunity to compete for subcontracts. (9) Assurances that the Offeror will include the clause in this contract entitled "Utilization of Small, Small Disadvantaged and Women -Owned Small Business Concerns' in all subcontracts that offer further subcontracting opportunities, and that the Offeror will require all subcontractors (except small business concems) who receive subcontracts in excess of $500,000 (51,000,000 for construction of any public facility) to adopt a plan similar to the plan agreed to by the Offeror. (10) Assurances that the Offeror will (i) cooperate in any studies or surveys as may be required, (ii) submit periodic reports in order to allow the Government to determine the extent of compliance by the Offeror with the subcontracting plan, (iii) submit Standard Form (SF) 294, Subcontracting Report for Individual Contracts, and/or SF 295, Summary Subcontract Report, in accordance with the instructions on the forms, and (iv) ensure that its subcontractors agree to submit Standard Forms 294 and 295. (11) A recitation of the types of records the Offeror will maintain to demonstrate procedures that have been adopted to comply with the requirements and goals in the plan, including establishing source lists; and a description of its efforts to locate small, small disadvantaged and women -owned small business concerns and award subcontracts to them. The records shall include at least the following (on a plant -wide or company -wide basis, unless otherwise indicated): (i) Source lists (e.g., PASS), guides, and other data that identify small, small disadvantaged and women -owned small business concerns. (ii) Organizations contacted in an attempt to locate sources that are small, small disadvantaged or women -owned small business concerns. (iii) Records on each subcontract solicitation resulting in an award of more than $100,000, indicating (A) whether small business concerns were solicited and if not, why not, (B) whether small disadvantaged business concerns were solicited and if not, why not, (C) whether women -owned small business concerns were solicited and if not, why not, and (D) if applicable, the reason award was not made to a small business concern. (iv) - Records of any outreach efforts to contact (A) trade associations, (B) business development organizations, and (C) conferences and trade fairs to locate small, small disadvantaged and women -owned small business sources. (v) Records of internal guidance and encouragement provided to buyers through (A) workshops, seminars, training, etc., and (B) monitoring performance to evaluate compliance with the program's requirements. (vi) On a contract -by -contract basis, records to support award data submitted by the Offeror to the Government, including the name, address, and business size of each subcontractor. Contractors having company or division -wide annual plans need not comply with this requirement. In order to effectively implement this plan to the extent consistent with efficient contract performance, the Contractor shall perform the following functions: (1) Assist small, small disadvantaged and women -owned small business concerns by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concerns. Where the Contractor's lists of potential small, small disadvantaged and women -owned small business subcontractors are excessively long, reasonable efforts shall be made to give all such small business concerns an opportunity to compete over a period of time. (2) Provide adequate and timely consideration of the potentialities of small, small disadvantaged and women -owned small business concerns in all "make -or -buy" decisions. (3) Counsel and discuss subcontracting opportunities with representatives of small, small disadvantaged and women -owned small business firms. (4) Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as small, small disadvantaged or women -owned small business for the purpose of obtaining a subcontract that is to be included as part or all of a goal contained In the Contractor's subcontracting plan. LESSOR R__1 GOVERNMENT GSA FORM 3517A (FULL TEXT) PAGE 4 (REV 9199) 0 • (OA master subcontracting plan on a plant or division -wide basis which contains all the elements required by paragraph (d) of this clause, except goals, may be incorporated by reference as a part of the subcontracting plan required of the Offeror by this clause; provided (1) the master pian has been approved, (2) the Offeror ensures that the master plan Is updated as necessary and provides copies of the approved master plan, including evidence of its approval, to the Contracting Officer, and (3) goals and any deviations from the master plan deemed necessary by the Contracting Officer to satisfy the requirements of this contract are set forth in the individual subcontracting plan. (g) (1) If a commercial product is offered, the subcontracting plan required by this clause may relate to the offeror's production generally, for both commercial and noncommercial products, rather than solely to the Govemment contract. In these cases, the Offeror shall, with the concurrence of the Contracting Officer, submit one company -wide or division -wide annual plan. (2) The annual plan shall be reviewed for approval by the agency awarding the Offeror its first prime contract requiring a subcontracting plan during the fiscal year, or by an agency satisfactory to the Contracting Officer. (3) The approved plan shall remain in effect during the Offeror's fiscal year for all of the Offeror's commercial products. (h) Prior compliance of the Offeror with other such subcontracting plans under previous contracts will be considered by the Contracting Officer in determining the responsibility of the Offeror for award of the contract. (i) The failure of the Contractor or subcontractor to comply in good faith with (1) the clause of this contract entitled "Utilization of Small, Small Disadvantaged and Women -Owned Small Business Concems," or (2) an approved plan required by this clause, shall be a material breach of the contract. 9. 52.219,16 LIQUIDATED DAMAGES—SUBCONTRACTING PLAN (JAN 1999) (Applicable to leases over $500,000.) (a) Failure to make a good faith effort to comply with the subcontracting pian, as used in this clause, means a willful or intentional failure to perform in accordance with the requirements of the subcontracting plan approved under the clause in this contract entitled "Small, Small Disadvantaged and Women -Owned Small Business Subcontracting Plan," or willful or intentional action to frustrate the plan. (b) Performance shall be measured by applying the percentage goals to the total actual subcontracting dollars or, if a commercialplanis involved, to the pro rata share of actual subcontracting dollars attributable to Government contracts covered by the commercial plan. If, at contract completion or, in the case of a commercial plan, at the close of the fiscal year for which the plan is applicable, the Contractor has failed to meet its subcontracting goals and the Contracting Officer decides in accordance with paragraph (c) of this clause that the Contractor failed to make a good faith effort to comply with its subcontracting plan, established in accordance with the clause in this contract entitled "Small Business Subcontracting Plan," the Contractor shall pay the Govemment liquidated damages in an amount stated. The amount of probable damages attributable to the Contractor's failure to comply shall be an amount equal to the actual dollar amount by which the Contractor failed to achieve each subcontract goal. (c) Before the Contracting Officer makes a final decision that the Contractor has failed to make such good faith effort, the Contracting Officer shall give the Contractor written notice specifying the failure and permitting the Contractor to demonstrate what good faith efforts have been made and to discuss the matter. f=ailure to respond to the notice may be taken as an admission that no valid explanation exists. If, after consideration of all the pertinent data, the Contracting Officer finds that the Contractor failed to make a good faith effort to comply with the subcontracting plan, the Contracting Officer shall issue a final decision to that effect and require that the Contractor pay the Government liquidated damages as provided in paragraph (b) Ogre clause. (d) With respect to commercial products pians; i.e., company -wide or division -wide subcontracting plans approved under paragraph (g) of the clause in this. contract entitled "Small, Small Disadvantaged and Women -Owned Small Business Subcontracting Plan," the Contracting Officer of the agency that originally approved the plan will exercise the functions of the Contracting Officer under this clause on behalf of all agencies that awarded contracts covered by that commercial products plan. �G INITIALS: d LESSOR GOVERNMENT GSA FORM 3517A (FULL TEXT) PAGE 5 (REV 9199) (e) The Contractor shall have the right of appeal, under the clause in this contract entitled Disputes, from any final decision of the Contracting Officer. (f) Liquidated damages shall be in addition to any other remedies that the Government may have. 10. 52.222-26 -EQUAL OPPORTUNITY (FEB 1999) INITIALS: (Applicable to leases over $10,000.) (a) If, during any 12 -month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an ag j( ate value in excess of $10,000, the Contractor shall comply with subparagraphs b 1 through (11) below. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause. (b) During performing this contract, the Contractor agrees as follows: (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. However, it shall not be a violation of this clause for the Contractor to extend apublicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR 60-1.5. (2) The Contractor shall take affirmative action to ensure the applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. This shall include, but not be limited to, (i) employment. (ii) upgrading, (iii) demotion, (iv) transfer, (v) recruitment or recruitment advertising, (vi layoff or termination, (vii) rates of pay or other forms of compensation, and (viii selection for training, including apprenticeship. (3) The Contractor shall post In conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause. (4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, caolor, religion, sex, or national origin. (5) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representativd of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment. (6) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. (7) The Contractor shall furnish to the contracting agency all information required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. Standard Form 100 (EEO -1), or any successor form, as prescribed in 41 CFR part 60-1..Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms (8) The Contractor shall permit access to its premises, during normal business hours, by thecontracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order 11246, as amended, and rules and regulations that implement the Executive Order. (9) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or orderof the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended, the rules, regulations, and orders of the Secretary of Labor, or as otherwise provided by law. LESSOR GOVERNMENT GSA FORM 3517A (FULL TEXT) PAGE 6 (REV 9199) 11 12 • (MThe Contractor shall include the terms and conditions of subparagraph (b)(1) through of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. (12) The Contractor shall take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance; provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. (c) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR 60-11. 52.222-21 — PROHIBITION OF SEGREGATED FACILITIES (FEB 1999) (a) "Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral policies or employee custom. The term does not include separate or single -user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (b) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract. (c) The Contractor shall include this clause in every subcontract and purchase order that isissubject to the Equal Opportunity clause of this contract. 52.222-35 - AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (APR 1998) (DEVIATION) (a) Definitions. "Appropriate office of the'State employment service system," as used in this clause, means the local office of the Federal -State national system of public employment offices with assigned responsibility for serving the area where the employment opening Is to be filled, including the District of Columbia, Guam, Puerto Rico, and the Virgin Islands. "Positions that will be filled from within the Contractor's organization," as used in this clause, means employment openings for which no consideration will be given to persons outside the Contractor's organization (including any affiliates, subsidiaries, and the parent companies) and includes any openings that the Contractor proposes to fill from regularly establish "recall" lists. "Employment openings," as used in this clause, includes full-time employment, temporary employment of over 3 days, and part-time employment, but does not include (1) executive and top management positions, (2) positions that will be filled from within the Contractor's organization or under a customary and traditional employer -union hiring arrangement, or (3) openings in an educational institution that are restricted to students of that institution. "Veteran of the Vietnam era" means a person who -- Served on active duty for a period of more than 180 days, any part of which occurred between August 5, 1964, and May 7, 1975, and was discharged or released therefrom with other than a dishonorable discharge; or Was discharged or released from active duty for a service -connected disability if any part of such active duty was performed between August 5, 1964, and May 7, 1975, INITIALS: LESSOR GOVERNMENT GSA FORM 3517A (FULL TEXT) PAGE 7 (REV 9199) 0 (b) General. (1) Regarding any position for which the employee or applicant for employment is qualified, the Contractor shall not discriminate against the individual because the Individual is a disabled veteran or veteran of the Vietnam era. The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled veterans and veterans of the Vietnam era without discrimination based upon their disability or veterans' status in all employment practices such as -- i) ii) Employment; Upgrading; iii) Demotion or transfer; iv Recruitment; v) Advertising; v Layoff or termination; v„) Rates of pay or other forms of compensation; and vii,) Selection for training, including apprenticeship. (2) a Contractor 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. (c) Listing openings. (1) The Contractor agrees to list all employment openings existing at contract award or occurring during contract performance, at an appropriate office of the State employment service system ,n the locality where the opening occurs. These openings include those occurring at any contractor facility, including one not connected with performing this contract. An independent corporate affiliate is exempt from this requirement. (2) State and local government agencies holding Federal contracts of $10,000 or more shall also list all their openings with the appropriate office of the State employment service. (3) The listing of employment openings with the State employment service system is required at least concurrently with using any other recruitment source or effort and involves the obligations of placing a bona fide job order, including accepting referrals of veterans and nonveterans applicant or hiring from any particular group of lob applicants and Is not intended to relieve the Contractor .from any requirements of Executive orders or regulations concerning nondiscrimination in employment. (4) Whenever the Contractor becomes contractually bound to the listing terms of this clause, it shall advise the State employment service system, in each State where it has establishments, of the name and location of each hiring location in the State. As long as the Contractor is contractually bound to these terms and has so advised the State system,- it need not advise the State system of subsequent contracts. The Contractor may advise the State system when it is no longer bound by this contract clause. (d) Applicability. (1) This clause does not apply to the listing of employment openings which occur and are filled outside the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (2) The terms of paragraph (c) above of this clause do not apply to openings that the Contractor proposes to FII from within its own organization or under a customary and traditional employer -union hiring arrangement. This exclusion does not apply to a particular opening once an employer decides to consider applicants outside of its own organization or employer -union arrangement for that opening. (e) Postings. INITIALS: (1) The Contractor agrees to post employment notices stating (i) the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era, and (ii) the rights of applicants and employees. (2) These notices shall be Posted in conspicuous places that are available to employees and applicants for employment. They shall be in a form prescribed by the Director, Office of Federal Contract Compliance Programs, Department of Labor (Director), and provided by or through the Contracting Officer. (3) The Contractor shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of the Act, and is committed to take affirmative action LESSOR GOVERNMENT GSA FORM 3517A (FULL TEXT) PAGE 8 (REV 9199) to employ, and advance in employment, qualified disabled veterans and veterans of the Vietnam era. (f) Noncompliance. If the Contractor 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. (g) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary. The Contractor shall act as specified by the Director to enforce the terms, including action for noncompliance. 13. 52.222-35 - AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (APR 1998) (DEVIATION) (Applicable to leases over $10,000.) (a) Definitions. "Appropriate office of the State employment service system,". as used in this clause, means the local office of the Federal -State national system of public employment offices with assigned responsibility for serving the area where the employment opening is to be filled, including the District of Columbia, Guam, Puerto Rico, and the Virgin Islands. "Positions that will be filled from within the Contractor's organization," as used in this clause, means employment openings for which no consideration will be given to persons outside the Contractor's . organization (Including any affiliates, subsidiaries, and the parent companies) and includes any openings that the Contractor proposes to fill from regularly establish "recall" lists. "Employment openings," as used in this clause, includes full-time employment, temporary employment of over 3 days, and part-time employment, but does not include (1) executive and top management positions, (2) positions that will be filled from within the Contractor's organization or under a customary and traditional employer -union hiring arrangement, or (3) openings in an educational institution that are restricted to students of that Institution. "Veteran of the Vietnam era" means a person who -- Served on active duty fora period of more than 180 days, any part of which occurred between August 5, 1964, and May 7, 1975, and was discharged or released therefrom with other than a dishonorable discharge; or Was discharged or released from active duty for a service -connected disability if any part of such active duty was performed between August 5, 1964, and May 7, 1975. (b) General. (1) Regarding any position for which the employee or applicant for employment is qualified, the Contractor shall not discriminate against the individual because the individual is a disabled veteran or veteran of the Vietnam era. The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled veterans and veterans of the Vietnam era without discrimination based upon their disability or veterans' status in all employment practices such as-- 1VV Employment; it) Upgrading; ) Demotion or transfer; ) Recruitment; Advertising; ) Layoff or termination; I) Rates of pay or other forms of compensation; and ii) Selection for training, including apprenticeship. (2) a Contractor 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. (c) Listing openings. INITIALS: (1) The Contractor agrees to list all employment openings existing at contract award or occurring during contract performance, at an appropriate office of the State employment service system in the locality where the opening occurs. These openings include those occurring at any contractor facility, including one not connected with LESSOR GOVERNMENT GSA FORM 3517A (FULL TEXT) PAGE 9 (REV 9199) performing this contract. An independent corporate affiliate is exempt from this requirement. (2) State and local government agencies holding Federal contracts of 510,000 or more shall also list all their openings with the appropriate office of the State employment service. (3) The listing of employment openings with the State employment service system is required at least concurrently with using any other recruitment source or effort and involves the obligations of placing a bona fide job order, including accepting referrals of veterans and nonveterans. This listing does not require hiring any particular job applicant or hiring from any particular group of job applicants and is not intended to relieve the Contractor from any requirements of xecutive orders or regulations concerning nondiscrimination in employment. (4) Whenever the Contractor becomes contractually bound to the listing terms of this clause, it shall advise the State employment service system, in each State where it has establishments, of the name and location of each hiring location in the State. As long as the Contractor is contractually bound to these terms and has so advised the State system, it need not advise the State system of subsequent contracts. The Contractor may advise the State system when it is no longer bound by this contract clause. (d) Applicability. (1) This clause does not apply to the listing of employment openings which occur and are filled outside the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (2) The terms of paragraph (c) above of this clause do not apply to openings that the Contractor proposes to fill from within its own organization or under a customary and traditional employer -union hiring arrangement. This exclusion does not apply to a particular opening once an employer decides to consider applicants outside of its own organization or employer -union arrangement for that'opening. (e) Postings. (1) The Contractor agrees to post employment notices slating (i) the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era, and (ii) the rigghts of applicants and employees. (2) Tfiese notices shall be posted in conspicuous places that are available to employees and applicants for employment. They shall be in a form prescribed by the Director, Office of Federal Contract Compliance Programs, Department of Labor (Director), and pprovided by or through the Contracting Officer. (3) 1 he Contractor shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of the Act, and is committed to take affirmative action to employ, and advance in employment, qualified disabled veterans and veterans of the Vietnam era. (f) Noncompliance. If the Contractor 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. (g) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary. The Contractor shall act as specified by the Director to enforce the terms, including action for noncompliance. 14. 52.222-36 - AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998) (Applicable to lease over $2,500.) (a) General. (1) Regarding any position for which the employee or applicant for employment is qualified, the Contractor shall not discriminate against any employee or applicant because of physical or mental disability. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified individuals with disabilities without discrimination based upon their physical or mental disability in all employment practices such as -- (i) Recruitment, advertising, and job application procedures; INITIALS: a LESSOR GOVERNMENT GSA FORM 3517A (FULL TEXT) PAGE 10 (REV 9199) (ii) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff, and rehiring; III Rates of pay or any other form of compensation and changes in compensation; iv Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists; v) Leaves of absence, sick leave, or any other leave; vi) Fringe benefits available by virtue of employment, whether or not administered by the Contractor; (vii) Selection and financial support for training, including apprenticeships, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training (viii] Activities sponsored by the Contractor, including social or recreational programs; an ix) Any other term, condition, or privilege of employment (2) a Contractor 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. (b) Postings. , (1) The Contractor agrees to post employment notices stating (i) the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified individuals with disabilities and (ii) the rights of applicants and employees. (2) These notices shall be posted in conspicuous places that are available to employees and applicants for employment. The Contractor shall ensure that applicants and employees with disabilities are informed of the contents of the notice (e.g., the Contractor may have the notice read to a visually disabled individual, or may flower the pposted notice so that it might be read by a person in a wheelchair). The notices shall be in a form prescribed by the Deputy Assistant Secretary for Federal Contract Compliance of the U.S. Department of Labor (Deputy Assistant Secretary) and shall be provided by or through the Contracting Officer. (3) The Contractor shall notify each labor union or representative of workers with which it has `a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Section 503 of the Act and is committed to take affirmative action to em loy, and advance in employment, qualified individuals with physical or mental disabilities. (c) Noncompliance. If the Contractor 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. (d) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $2,500 unless exempted by rules, regulations, or orders of the Secretary. The Contractor shall act as specified by the Director to enforce the terms, including action for noncompliance. 15. 52.222-37 - EMPLOYMENT REPORTS ON DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (JAN 1999) (Applicable to leases over $10,000.) ' (a) Unless the Contractor is a State or local government agency, the Contractor shall report at least annually, as required by the Secretary of Labor, on. (1) The number of disabled veterans and the number of veterans of the Vietnam era in the workforce of the contractor by job category and hiring location; and (2) The total number of new employees hired during the period covered by the report, and of that total, the number of special disabled veterans, and the number of veterans of the Vietnam era. (b) The above items shall be reported by completing the form entitled "Federal Contractor Veterans' Employment Report VETS -100." (c) Reports shall be submitted no later than September 30 of each year beginning September 30, 1988. (d) The employment activity report required by paragraph (a)(2) of this clause shall reflect total hires during the most recent 12 -month period as -of the ending date selected for the employment profile report required by paragraph (a)(1) of this clause. Contractors may select INITIALS: LESSOR 8, - FC-- --- GOVERNMENT GSA FORM 3517A (FULL TEXT) PAGE 11 (REV 9199) an ending date: (1) As of the end of any pay period during the period January through March 1 of the year the report is due, or (2) as of December 31, if the Contractor has previous written approval from the Equal Employment Opportunity Commission to do so for purposes of submitting the Employer Information Report EEO -1 (Standard Form' 100). (e) The count of veterans reported according to paragraph (a) of this clause shall be based on voluntary disclosure. Each Contractor subject to the reporting requirements at 38 U.S.C. 4212 shall invite all special disabled veterans and veterans of the Vietnam era who wish to benefit under the affirmative action program at 38 U.S.C. 4212 to identify themselves to the Contractor. The invitation shall state that the information is voluntarily provided, that the information will be kept confidential, that disclosure or refusal to provide the information will not subf'ect the applicant or employee to any adverse treatment, and that the information will be used only in accordance with the regulations promulgated under 38 U.S.C. 4212. {f) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary. 16. 52.232-23 - ASSIGNMENT OF CLAIMS (JAN 1986) (a) The Contractor, under the Assignment of Claims Act, as amended, 31 U.S.C. 3727, 41 U.S.C. 15 (hereafter referred to as "the Act"), may assign its right to be paid amounts due or to become due as a result of the performance by contract to a bank, trust company, or other financing institution, including any Federal lending agency. The assignee under such an assignment may thereafter further assign or reassign or reassign its right under the original assignment to any type of financing institution described in the preceding sentence. (b) Any assignment or reassignment authorized under the Act and this clause shall cover all unpaid amounts payable under this contract, and shall not be made to more than one party, except that an assignment or reassignment may be made to one party as agent or trustee for . two or more parties participating in the financing of this contract. (c) The Contractor shall not furnish or disclose to any assignee under this contract any classified document (including this contract) or information related to work under this contract until the Contracting Officer authorizes such in writing. 17. 552.232-75 -PROMPT PAYMENT (SEP 1999) The Govemment will make payments under the terms. and conditions specified in this clause. Payment shall be considered as being made on the day a check is dated or an electronic funds transfer is made. All days referred to in this clause are calendar days, unless otherwise specified. (a) Payment due date. (1) Rental payments. Rent shall be paid monthly in arrears and will be due on the first workday of each month, and only as provided for by the lease. (i) When the date for commencement of rent falls on the 15th day of the month or earlier, the initial monthly rental payment under this contract shall become due on the first workday of the month following the month in which the commencement of the rent is effective. (ii) When the date for commencement of rent falls after the 15th day of the month, the initial monthly rental payment under this contract shall become due on the first workday of the second month following the month in which the commencement of the rent is effective. (2) Other payments. The due date for making payments other than rent shall be the later of the following two events: (i) The 30th day after the designated billing office has received a proper invoice from the Contractor. (ii) The 30th day after Government acceptance of the work or service. However, if the designated billing office fails to annotate the invoice with the actual date of receipt, the invoice payment due date shall be deemed to be the 30th day after the Contractor's invoice is dated, provided a proper invoice is received and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements. INITIALS: a ?C__' LESSOR GOVERNMENT GSA FORM 3517A (FULL TEXT) PAGE 12 (REV 9199) (ii) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff, and rehiring; iii) Rates of pay or any other form of compensation and changes in compensation; iv Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists; (vj Leaves of absence, sick leave, or any other leave; (vi) Fringe benefits available by virtue of employment, whether or not administered by the Contractor; (vii) Selection and financial support for training, including apprenticeships, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training (viii) Activities sponsored by the Contractor, including social or recreational programs; and ix) Any other term, condition, or privilege of employment (2) a Contractor 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. (b) Postings. (1) The Contractor agrees to post employment notices stating (i) the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified individuals with disabilities and (ii) the rights of applicants and employees. (2) These notices shall be posted in conspicuous places that are available to employees and applicants for employment. The Contractor shall ensure that applicants and employees with disabilities are informed of the contents of the notice (e.g., the Contractor may have the notice read to a visually disabled individual, or may lower the pposted notice so that it might be read by a person in a wheelchair). The notices shall be in a form prescribed by the Deputy Assistant Secretary for Federal Contract Compliance of the U.S. Department of Labor (Deputy Assistant Secretary) and shall be provided by or through the Contracting Officer. (3) The Contractor shall notify each labor union or representative of workers with which it has -a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Section 503 of the Act and is committed to take affirmative action to employ, and advance in employment, qualified individuals with physical or mental disabilities. (c) Noncompliance. If the Contractor doesnot 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. (d) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of 52,500 unless exempted by rules, regulations, or orders of the Secretary. The Contractor shall act as specified by the Director to enforce the terms, including action for noncompliance. 15. 52.222-37 - EMPLOYMENT REPORTS ON DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (JAN 1999) (Applicable to leases over $10,000.) (a) Unless the Contractor is a State or local government agency, the Contractor shall report at least annually, as required by the Secretary of Labor, on: (1) The number of disabled veterans and the number of veterans of the Vietnam era in the workforce of the contractor by job category and hiring location; and (2) The total number of new employees hired during the period covered by the report, and of that total, the number of special disabled veterans, and the number of veterans of the Vietnam era. (b) The above items shall be reported by completing the form entitled "Federal Contractor Veterans' Employment Report VETS -100.' (c) Reports shall be submitted no later than September 30 of each year beginning September 30, 1988. (d) The employment activity report required by paragraph (a)(2) of this clause shall reflect total hires during the most recent 12 -month period as of the ending date selected for the employment profile report required by paragraph (a)(1) of this clause. Contractors may select INITIALS: & Fc— LESSOR GOVERNMENT GSA FORM 3517A (FULL TEXT) PAGE 11 (REV 9199) 16 17 an ending date: (1) As of the end of any pay Feriod during the period January through March 1 of the year the report is due, or (2) as of December 31, if the Contractor has previous written approval from the Equal Employment Opportunity Commission to do so for purposes of submitting the Employer Information Report EEO -1 (Standard Form 100). (e) The count of veterans reported according to paragraph (a) of this clause shall be based on voluntary disclosure. Each Contractor subject to the reporting requirements at 38 .U.S.C. 4212 shalt invite all special disabled veterans and veterans of the Vietnam era who wish to benefit under the affirmative action program at 38 U.S.C. 4212 to identify themselves to the Contractor. The invitation shall state that the information is voluntarily Provided, that the information will be kept confidential, that disclosure or refusal to provide the information will not subject the applicant or employee to any adverse treatment, and that the information will be used only in accordance with the regulations promulgated under 38 U.S.C. 4212. (f) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary. 52.232-23 - ASSIGNMENT OF CLAIMS (JAN 1986) (a) The Contractor, under the Assignment of Claims Act, as amended, 31 U.S.C. 3727, 41 U.S.C. 15 (hereafter referred to as "the Act"), may assign its right to be paid amounts due or to become due as a result of the performance by contract to a bank, trust company, or other financing institution, including any Federal lending agency. The assignee under such an assignment may thereafter further assign or reassign or reassign its right under the original assignment to any type of financing institution described in the preceding sentence. (b) Any assignment or reassignment authorized under the Act and this clause shall cover all unpaid amounts payable under this contract, and shall not be made to more than one party, except that an assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in the financing of this contract. (c) The Contractor shall not furnish or disclose to any assignee under this contract any classified document (including this contract) or information related to work under this contract until the Contracting Officer authorizes such in writing. 552.232-75 - PROMPT PAYMENT (SEP 1999) The Govemment will make payments under the terms and conditions specified in this clause. Payment shall be considered as being made on the day a check is dated or an electronic funds transfer is made. All days referred to in this clause are calendar days, unless otherwise specified. (a) Payment due date. (1) Rental payments. Rent shall be paid monthly in arrears and will be due on the first workday of each month, and only as provided for by the lease. (i) When the date for commencement of rent falls on the 15th day of the month or earlier, the initial monthly rental payment under this contract shall become due on the first workday of the month following the month in which the commencement of the rent is effective. When the date for commencement of rent falls after the 15th day of the month, the initial monthly rental payment under this contract shall become due on the first workday of the second month following the month in which the commencement of the rent is effective. (2) Other payments. The due date for making payments other than rent shall be the later of the following two events: (i) The 30th day after the designated billing office has received a proper invoice from the Contractor. (ii) The 30th day after Government acceptance of the work or service. However, if the designated billing office fails to annotate the invoice with the actual date of receipt, the invoice payment due date shall be deemed to be the 30th day after the Contractor's invoice is dated, provided a proper invoice is received and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements. INITIALS: d IFL LESSOR GOVERNMENT GSA FORM 3517A (FULL TEXT) PAGE 12 (REV 9199) (b) Invoice and inspection requirements for payments other than rent. (1) The Contractor shalt prepare and submit an invoice to the designated billing office after completion of the work. A proper invoice shall include the following items: i} Name and address of the Contractor. il) Invoice date. iii Lease number. iv Government's order number or other authorization. v} Description, price, and quantity of work or services delivered. vl) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the remittance address in the lease or the order.) (vii) Name (where practicable),title, phone number, and mailing address of person to be notified in the event of a defective invoice. (2) The Government will inspect and determine the acceptability of the work performed or services delivered within 7 days after the receipt of a proper invoice or notification of completion of the work or services unless a different period is specified at the time the order is placed. If actual acceptance occurs later, for the purpose of determining the payment due date and calculation of interest, acceptance will be deemed to occur on the last day of the 7 -day inspection period. If the work or service is rejected for failure to conform to the technical requirements of the contract, the 7 days will be counted beginning with receipt of a new Invoice or notification. In either case, the Contractor is not entitled to any payment or interest unless actual acceptance by the Government occurs. (c) Interest Penalty. (1) An interest penalty shall be paid automatically by the Government, without request from the Contractor, if payment Is not made by the due date. (2) The interest penalty shall be at'the rate established by the Secretary of the Treasury under Section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 619) that is in effect on the day after the due date, This rate is referred to as the 'Renegotiation Board Interest Rate," and itis published in the ; _ederal agister semiannually on or about January i and July 1. The interest penalty shall accrue daily on the payment amount approved by the Government and be compounded in 30 -day increments inclusive from the first day after the due date through the payment date. (3) Interest penalties will not continue to accrue after the filing of a claim for such penalties under the clause at 52.233-1, Disputes, or for more than 1 year. Interest penalties of less than $1.00 need not be paid. (4) interest penalties are not required on payment delays due to disagreement between the Government and Contractor over the payment amount or other issues involving contract compliance or on amounts temporarily withheld or retained in accordance with the terms of the contract. Claims involving disputes, and any interest that may be payable, will be resolved in accordance with the clause at 52.233-1, Disputes. 18. 552.232-76 - ELECTRONIC FUNDS TRANSFER PAYMENT (SEP 1999) (Variation) (a) The Government will make payments under this lease by electronic funds transfer (EFT). After award, but no later than 30 days before the first payment, the Lessor shall designate a financial institution for receipt of EFT payments, and shall submit this designation to the Contracting Officer or other Government official, as directed. (b) The Lessor shall provide the following information: i The lease number to which this notice applies. 2 The American Bankers Association 9 -digit identifying number for wire transfers of the financing institution receiving payment If the institution has access to the Federal Reserve Communications System. 3 Number of account to which funds are to be deposited. 4 Type of depositor account ("C" for checking, "S for savings). 5 If the Lessor is a new enrollee to the EFT system, a completed "Payment Information Form," SF 3881. (c) In the event the Lessor, during the performance of this contract, elects to designate a different financial institution for the receipt of any payment made usingg EFT procedures, notification of such change and the required information specified in (b), above must be received by the appropriate Government official no later than 30 days pnor to the date such change is to become effective. INITIALS: 7�� LESSOR GOVERNMENT GSA FORM 3517A (FULL TEXT) PAGE 13 (REV 9199) (d) The documents fumishing the information required in this clause must be dated and contain the signature, titre, and telephone number of the Lessor or an authorized representative designated by the Lessor, as well as the Lessor's name and lease number. (e) Lessor failure to properly designate a financial institution or to provide appropriate payee bank account information may delay payments of amounts otherwise properly due. 19. 52.233-1 - DISPUTES (DEC 1998) (a) This contract is subject to the Contract Disputes act of 1978, as amended (41 U.S.C. 601-613 (b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause. (c) "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. A claim arising under a contract, unlike a claim relatingto that contract, is a claim that can be resolved under a contract clause that provides fr the relief sought by the claimant. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required y subparagraph (d)(2) of this clause. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. (d) (1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer. (2) (i) The Contractor shall provide the certification specified inparagraph (d)(2)(iii) of this clause when submitting any claim exceeding $100,000 (ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim. (iii) The certification shall state as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that 1 am duly authorized to certify the claim on behalf of the Contractor." (3) The certification may be executed by any person duly authorized to bind the Contractor with respect to the claim. (e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor - certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made. (f) . The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in the Act. (g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative disputes resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor's specific reasons for rejecting the offer. (h) The Government shallay interest on the amount found due and unpaid from (1) the date that the Contracting Officer receives the claim (certified if required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, as defined in FAR 33.201, interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6 -month period as fixed by the Treasury Secretary during the pendency of the claim. INITIALS: b LESSOR GOVERNMENT GSA FORM 3517A (FULL TEXT) PAGE 14 (REV 9/99) • 0 (i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer. 20. 52.215-10 -PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (OCT 1997) (Applies when cost or pricing data are required for work or service exceeding 5500,000.) (a) If any price, including profit or fee, negotiated in connection with this contract, or any cost reimbursable under this contract, was increased by any significant amount because— (1) The Contractor or a subcontractor furnished cost or pricing data that were not complete, accurate, and current as certified in its Certificate of Current Cost or Pricing Data; (2) A subcontractor or prospective subcontractor fumished the Contractor cost or pricing data that were not complete, accurate, and current as certified in the Contractor's Certificate of Current Cost or Pricing Data; or (3) Any of these parties furnished data of any description that were not accurate, the price or cost shall be reduced accordingly and the contract shall be modified to reflect the reduction. (b) Any reduction in the contract price under paragraph (a) of this clause due to defective data from a prospective subcontractor that was not subsequently awarded the subcontract shall be limited to the amount, plus applicable overhead and profit markup, by which (1) the actual subcontract or (2) the actual cost to the Contractor, if there was no subcontract, was less than the prospective subcontract cost estimate submitted by the Contractor; provided, that the actual subcontract price was not itself affected by defective cost or pricing data. {c) (1) If the Contracting Officer determines under paragraph (a) of this clause that a price or cost reduction should be made, the Contractor agrees not to raise the following matters as a defense: (i) The Contractor or subcontractor was a sole source supplier or otherwise was in a superior bargaining position and thus the price of the contract would not have been modified even If accurate, complete, and current cost or pricing data had been submitted. The Contracting Officer should have known that the cost or pricing data in issue were defective even- though the Contractor or subcontractor took no affirmative action .to bring the character of the data to the attention of the Contracting Officer. (iii) The contract was based on an agreement about the total cost of the contract and there was no agreement about the cost of each item procured under the contract. (iv) The Contractor or subcontractor did not submit a Certificate of Current Cost or Pricing Data. (2) (i) Except as prohibited by subdivision (c)(2)(ii) of this clause, an offset in an amount determined appropriate by the Contracting Officer based upon the facts shall be allowed against the amount of a contract price reduction if -- (A) The Contractor certifies to the Contracting Officer that, to the best of the Contractor's knowledge and belief, the Contractor is entitled to the offset in the amount requested; and (B) The Contractor proves that the cost or pricing data were available before the "as of" date specified on its Certificate of Current Cost or Pricing Data, and that the data were not submitted before such date. (ii) An offset shall not be allowed if -- (A) The understated data were known by the Contractor to be understated before the "as of" date specified on its Certificate of Current Cost or Pricing Data; or (13) The Government proves that the facts demonstrate that the contract price would not have increased in the amount to be offset even if the available data had been submitted before the "as or date specified on its Certificate of Current Cost or Pricing Data. (d) If any reduction in the contract price under this clause reduces the price of items for which payment was made prior to the date of the modification reflecting the price reduction, the Contractor shall be liable to and shall pay the United States at the time such overpayment is repaid -- (1) Simple interest on the amount of such overpayment to be computed from the dates) of overpayment to the Contractor to the date the Government is repaid by te Contractor at the applicable underpayment rate effective for each quarter prescribed by the Secretary of the Treasury under 26 U.S.C. 6621(a)(2); and INITIALS: d LESSOR GOVERNMENT GSA FORM 3517A (FULL TEXT) PAGE 15 (REV 9199) rJ 0 (2) A penalty equal to the amount of the overpayment, if the Contractor or subcontractor knowing y submitted cost or pricing data that were incomplete, inaccurate, or noncurrent. 21. 52.215-12 - SUBCONTRACTOR COST OR PRICING DATA (OCT 1997) (Applies when the clause at FAR 52.215-10 is applicable.) (a) Before awarding any subcontract expected to exceed the threshold for submission of cost or pricing data at FAR 15.403-4, on the date of agreement on price or the date of award, which ever is later; or before pricing any subcontract modification involving a pricing adjustment expected to exceed the threshold for submission of cost or pricing data at FAR 15.403-4, the Contractor shall require the subcontractor to submit cost or pricing data (actually or by specific identification in writing), unless an exception under FAR 15.403-1 applies. (b) The Contractor shaft require the subcontractor to certify in substantially the form prescribed in FAR 15.406-2 that, to the best of its knowledge and belief, the data, submitted under paragraph (a) of this clause were accurate, complete, and. current as of the date of agreement on the negotiated price of the subcontract or subcontract modification. (c) In each subcontract that exceeds the threshold for submission of cost or pricing data at FAR 15.403-4, when entered into, the Contractor shall insert either -- (1) The substance of this clause, including this paragraph (c), if paragraph (a) of this clause requires submission of cost orpricing data for the subcontract; or (2) The substance of the clause at FAR 52.215-13, Subcontractor Cost or Pricing Data -- Modifications. 22. 52.222-1 — PROHIBITION OF SEGREGATED FACILITIES (FEB 1999) INITIALS: (a) "Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral -policies or employee custom. The term does not include separate or single -user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (b) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract. (c) The Contractor shall include this clause in every subcontract and purchase order that isissubject to the Equal Opportunity clause of this contract. LESSOR GOVERNMENT GSA FORM 3517A (FULL TEXT) PAGE 16 (REV 9199) • REPRESENTATIONS AND CERTIFICATIONS (Short Form) (Simplified Acquisition of Leasehold Interests in Real Property for Leases UD to 5100.000 Annual Rent) Complete appropriate boxes, sign the form, and attach to offer. 0 Solicitation Number Dated R8-02-01 February 6, 2002 The Offeror makes the following Representations and Certifications. NOTE: The "Offeror," as used on this form, is the owner of the property offered, not an individual or agent representing the owner. 1. SMALL BUSINESS REPRESENTATION (SEP 1999) (a) It [ ] is, [X) is not a small business. "Small" means a concern, including its affiliates, that is independently owned and operated, is not dominant in the field of operation, and has average annual gross revenues of $15 million or less for the preceding three fiscal years. The standard industrial classification (SIC) code for this acquisition is 6515. (b) It [ ) is, [X) is not a small disadvantaged business. (See 48 GFR 52.219-1 for definition.) (c) It [ ) is, [X] is not a women -owned small business (other than a small business). (See 48 CFR 52.204-5 for definition.) 2. 52.222-22 - PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (APR 1984) (Applicable to leases which exceed $10,000.) The Offeror represents that -- (a) It f ] has, [X] has not participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the clause originally contained in Section 310 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114; (b) It [ ) has, [ ) has not filed all required compliance reports; and (c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. (Approved by OMB under Control Number 1215-0072 ) 3. 52.222-25 - AFFIRMATIVE ACTION COMPLIANCE (APR 1984) (Applicable to leases which exceed $10,000.) (Applicable to contracts which include the clause at FAR 52.222-26, Equal Opportunity.) The Offeror represents that -- (a) It [ ) has developed and has on file, [X] has not developed and does not have on file, at each establishment affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) It [Xj has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (Approved by OMS under Control Number 1215-0072.) 4. 52.203-11 - CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (APR 1991) (DEVIATION) (Applicable to leases which exceed $100,000.) (a) The definitions and prohibitions Contained in the clause, at FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions, are hereby incorporated by reference in paragraph (b) of this certification. (b) The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that on or after December 23, 1989, -- (1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of a contract resulting from this solicitation. (2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the offeror shall complete and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and (3) He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. (c) Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, title 31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not fess than $10,000, and not more than $100,000, for each such failure. INITIALS LESSOR & Iv GOVERNMENT GSA FORM 3518A PAGE 1 (REV 9199) 5. 52.204-3 - TAXPAYER IDENTIFICATION (JUN 1997) (a) Definitions. 'Common parent,' as used in this solicltation provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member. 'Taxpayer Identification Number (TIN),' as used in this solicitation provision, means the number required by the IRS to be used by the offeror in reporting income tax and other returns. (b) Ali offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract. (c) The TIN may be usedby the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). Ittheresulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (d) Taxpayer Identification Number (TIN). TIN: Z been api2 ' TIN as been applies for. TIN is not required because: Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of. business or a fiscal paying agent in the United States; Offeror is an agency or Instrumentality of a foreign government; Offeror is an agency or instrumentality of the Federal government; (d) Type of organization. Sole proprietorship; Partnership; Not a corporate entity: Corporate entity (not tax-exempt); ' Corporate entity (tax-exempt); X Government entity (Federal, State, or local); Foreign government; International organization per 26 CFR 1.6049-4; Other (e) Common Parent. X Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision. ' Name and TIN of common parent: Name TIN 6. OFFEROR'S DUNS NUMBER (APR 1996) Enter number, if known: Name and Address (Including ZIP Code) OFFEROR OR AUTHORIZED Dan Coody, Mayor REPRESENTATIVE City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (/v2 Signature INITIALS: 8 LESSOR GOVERNMENT Telephone Number 478-575$330 Date GSA FORM 3518A PAGE 2 (REV 9/99) City of Fayetteville, Arkansas Budget Adjustment Form is Budget Year Department: Aviation & Economic Development Date Requested 2002 Division: Airport 02/05/2002 Program: Revenue Project or Item Requested: Credit Use of Fund Balance in the amount of $28,160 - Land Lease Revenue from USDA Forest Service. Justification of this Increase: This project will enable the USDA Forest Service to begin development of a Fire -fighting Base at Fayetteville Municipal Airport t Drake Field. RAS. i3-nz Adjustment # Project or Item Deleted: Recognize USDA Forest Service Lease revenue in the amount of $28,160. COPY Justification of this Decrease: The USDA Forest Service Lease will provide revenue and other benefits to the Airport. Approval Signatures RAqd By Date /—/4--v-Zanager Date Department Director Date Admin. Service rector te -- Mayor Date Blue Copy: Budget & Research / Budget Office Use Only Type: A B C �D E Date of Approval Posted to General Ledger T _ Posted to Project Accounting - Entered in Category Log 'ellow Copy: Requester Increase Expense (Decrease Revenue) Account Name Amount Account Number Project Number _ Use of Fund Balance 28,160 5550 0955 4999 99 Decrease Expense (Increase Revenue) Account Name Amount Account Number Project Number Ground Rent 1 Freight 26,160 5550 0955 4457 00 Approval Signatures RAqd By Date /—/4--v-Zanager Date Department Director Date Admin. Service rector te -- Mayor Date Blue Copy: Budget & Research / Budget Office Use Only Type: A B C �D E Date of Approval Posted to General Ledger T _ Posted to Project Accounting - Entered in Category Log 'ellow Copy: Requester FAYETTEN4LLE • THE CITY OF FAYETTEVILLE, ARKANSAS DAN GOODY, MAYOR 4500 School Ave,. Sults F Fayetteville, AR 72701 301.719.7542 AYUITION AND ECONOMIC DEVELOPMENT RAY M. BOUDREAUX. DIRECTOR TO: Dan Coody, Mayor City Council Members THRU: Staff Review Committee FROM: Ray M. Boudreaux, Director DATE: January 4, 2002 SUBJECT: USDA Forest Service Lease Background: On March 26, 2001 The USDA Forest Service announced that they had selected Drake Field as the location to build their new Firefighting base. The Forest Service submitted a draft lease document which was reviewed and revised by city staff and returned to the Forest Service for their approval. The Forest Service has returned a final lease document that appears satisfactory to both parties, excepting any further changes that may be required by city review committee thru re- review of the document. Purpose: This Lease Agreement will provide a lease to the USDA Forest Service for 12.8 acres of Fayetteville Municipal Airport property. The lease is for an initial period of five (5) years with clause for renewal annually for up to twenty (20) years. The lease will provide $28,160 revenue in the first year, and is adjustable in successive years according to the terms contained in the agreement. Budget Considerations: A Budget Adjustment to recognize the revenue is attached for your approval. Requested Action: Staff recommends approval by the City Council of; the Lease Agreement, Federal Assurances & Certifications, and the Budget Adjustment. RBljn Attachments: Lease Document Federal Assurances & Certifications Budget Adjustment s FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DAN COODY, MAYOR 4M School Ave., Sulo F Fayetteville, AR 72701 3G1.71�.Ibe2 AVIATION AND ECONOMIC DEVELOPMENT RAY M. BOUDREAUX, DIRECTOR TO: Dan Coody, Mayor City Council Members THRU: Staff Review Committee FROM: Ray M. Boudreaux, Director DATE: January 4, 2002 SUBJECT: USDA Forest Service Lease Background: On March 26, 2001 The USDA Forest Service announced that they had selected Drake Field as the location to build their new Firefighting base. The Forest Service submitted a draft lease document which was reviewed and revised by city staff and returned to the Forest Service for their approval. The Forest Service has retumed a final lease document that appears satisfactory to both parties, excepting any further changes that may be required by city review committee thru re- review of the document. Purpose: This Lease Agreement will provide a lease to the USDA Forest Service for 12.8 acres of Fayetteville Municipal Airport property. The lease is for an initial period of five (5) years with clause for renewal annually for up to twenty (20) years. The lease will provide $28,160 revenue in the first year, and is adjustable in successive years according to the terms contained in the agreement. Budget Considerations: A Budget Adjustment to recognize the revenue is attached for your approval. Requested Action: Staff recommends approval by the City Council of; the Lease Agreement, Federal Assurances & Certifications, and the Budget Adjustment. RBCn Attachments: Lease Document Federal Assurances & Certifications Budget Adjustment STAFF REVIEW FORM AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of February 5, 2002 FROM: Ray Boudreaux Airport Name Division USDA Forest Service Lease Aviation & Economic Development Department ------------------------------------------------------------------------------------- ACTION REQUIRED: Review and signature of the Mayor COST TO CITY: S 23,160 (Revenue) S -0- Cost of this Request Category/Projcct Budget Ground Rent /Freight Category/Project Name 5550.095 .4557.00 $ -0- Airport Revenue Account Number Funds used to date Program Name $ -0- Airport Project Number Remaining Balance Fund BU G ,T W: Budgeted Item X Budget Adjustment Attached v 13udgct M Hager D tc Administrative Services Dir. Date j'I'ILACT/ NT/LEASE 4EVIEW: )unting Manage Dae Internal Auditor Date GRANTING AGENCY � f tic ! r �D#te ADA Coordinator Date Ltoj Ab - Purchasing Officer Date Grants Coordinator Date STAFF RECOMMENDATION: Approval & signature of Mayor IV' io ad to Z Dcpa men( ire for , 5Date,ov Ad ni trativ rvices irector Da e Mayor Date' Cross Reference New Item: Yes Prev. Ord/Res#: Orig Cont. Date: Ong Cont #: No Description: Forest Service Lease Comments: Budget Manager Accounting Manager City Attorney Purchasing Officer Internal Auditor ADA Coordinator Grants Coordinator STAFF REVIEW FORM Meeting Date: 02/05/2002 Reference Comments: Reference Comments: Reference Comments: Reference Comments: Reference Comments Reference Comments: Reference Comments: Page 2 • STAFF REVIEW FORM • Description: Meeting Date: 02/05/2002 Forest Service Lease Comments: Budget Manager Reference Comments: Accounting Manager Reference Comments: City Attorney Reference Comments: Purchasing Officer Reference Comments: Internal Auditor Reference Comments ADA Coordinator Reference Continents: Grants Coordinator Reference Comments: Page 2 ` • • STAFF REVIEW FORM AGENDA REQUEST X CONTRACT REVIEW USDA Forest Service Lease GRANT REVIEW For the Fayetteville City Council meeting of February 5, 2002 FROM: Ray Boudreaux Airport Aviation & Economic Development Name Division Department ACTION REQUIRED: Review and signature of the Mayor COST TO CITY: � 28,160 (Rev_enuc)_ $ -0-__ Ground Rent /Freight Cost of this Request Category/Project Budget Category/Project Name 5550.0955.4557.00 $ -0- Airport Revenue Account Number Funds used to date Program Name _ -0- Airport Project Number Remaining Balance Fund BUDGET REVIEW: Budgeted Item X Budget Adjustment Attached Budget Manager Date Administrative Services Dir. Date CONTRACT/GRANT/LEASE REVIEW: Accounting Manager Date Internal Auditor Date GRANTING AGENCY City Attorney Date ADA Coordinator Date Purchasing Officer Date Grants Coordinator Date STAFF RECOMMENDATION: Approval & signature of Mayor Division Head Date Cross Reference Department Director Date New Item: Yes No Prev. Ord/Resk Administrative Services Director Date Orig Cont. Date: Orig Cont #: Mayor Date tush aL C&UAk c evL Q - S—c Z Z 'If >� r d1Ze1v ST) -NTE Ai'd'L.tCAT1uaJS 1�+=� I�SSc C. RTL D w �� Tl -1 lS `r1A�Sk �2n��E® (* Mefleb) A Q-& TO P G- lu1 cW G c� • Ty C' L tR cC ` H t 5 T -T E -AA wns APepwoeb P -y Cl Tq COu oci L v o) 2 -5 CQ - LA itUAcs QEi��tt C }YAYCvl * S S* -(VA i U rZC5, Lip-, G I tj ws \Cv- to w& W, LL t 1\A t [- -IV T04ac-S 5ir7'_ 0 (!L-l&c-T :3(cr,VrAT'J-fLCS C"Jn 1`eakp-0 CI) tN'IeANO AT C i r -I C c.t-' V- errtC �%IL� - PLemse Tq Son Lk7�� UJITH C 1 i-c� �2E S l CE c c At G� CiMV Gt;; Tf ( OWMO 4 STA FF lZeViEV- FejR-M S Po VZ —fik t S tTE m1 (` cK u3t:D2 E ��� STG, c -7N -P -U EQ ) • STAFF REVIEW FORM A rTnDilOF AGENDA REQUEST l..IL1�ED X CONTRACT' REVIEW GRAM' REVIEW For the Fayetteville City Council meeting of This will come back through Staff Review for Council Mtt~. later FROM; Gary Dumas Name Airport Division General Gvmt. Department ACTION REQUIRED: Request review and comments of "Uraft" Ground Lease Agreement with USDA Forest Service. City's comments will be sent to Forest Service for review by their legal dept. and their drafting; of a final lease which will be sent back to the City for Airport Board and City Council approval. The City Attorney's Office has already reviewed lease with comments marked in black ink. Please return comments to the Airport. COSTTO CITY: n/a Cost of this Request n/a Account Number n/a Project Number BUDGET REVIEW: Budget Coordinator $ n/a Category/Project Budget n/a Funds used to date $ n/a Remaining Balance n/a Category/Project Name Program Name Airport Fund N1 _ Budgeted Item Budget Adjustment Attached � 1-�— Administrative Services Director CONTR CT/GRANT/LEASE REVIEW: `✓111,271,ol ua ager Date I 2g o CKy tto cy Date Purchasing Officer Date STAFF RECOMMENDATION: Divisio Nepa ie t De OrN t A is ativ/� Serpi s Director %, irt ayor GRANTING AGENCY: � ADA Coordinator Date 11.-lzf"-' Int mal Auditor T Date Date � 1 Cross Reference D Date New Item: Yes �qC)L Prev. Ord/Res#: Dat-- Ong; Cont. Date: Date O 0 b we STAFF REVIEW FORM Description: Meeting Date: NIA "Draft" Ground Lease Agreement for USDA Forest Service Comments: Budget Coordinator Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor Reference Comments: Reference Comments: Reference Comments: Reference Comments: Reference Comments: Reference Comments: Page 2 FAYETTEVILLE � THE CITY OF FAYETTEYILLE. ARKANSAS DAN COODY. MAYOR 4500 School Ave.. SLp11e F Fayetteville, AR 72701 501.116.7642 AIRPORT ADMINISTRATION GARY DUMAS, UTILITIES DIRECTOR ! AIPRORT MANAGER INTERIM TO: GARY DUMAS, INTERIUM AIRPORT MANAGER TED WEBBER, ADMINISTRATIVE SERVICES DIRECTOR STEVE DAVIS, BUDGET MANAGER KIT WILLIAMS, CITY ATTORNEY PEGGY VICE, PURCHASING MARSHA FARTHING, ACCOUNTING MANAGER NANCY SMITH, INTERNAL AUDITOR AND GRANTS COORDINATOR FROM: DALE FREDERICK, AIRPORT MARKETINGCD-- DATE: NOVEMBER 6, 2001 SUBJECT: "DRAFT" GROUND LEASE USDA FOREST SERVICE Background Information: On March 27,2001, the USDA Forest Service announced in a joint press conference with Mayor Dan Coody that the Forest Service had selected Drake Field as a site for an air tanker base serving Arkansas and Oklahoma. Aleft Little (at that time the City of Fayetteville's Economic Development Director) and other community leaders had worked with the Forest Service since July 2000 to locate the federal agency at Drake Field. Items that were jointly agreed upon prior to the Forest Service's selection of Drake Field: ' The Airport will lease approximately 12.8 acres to the Forest Service at approximately five cents per sq. ft. per year ' The Airport will provide access, both landside and airside, to their leased property ' The Forest Service will construct all improvements to leased property Action Requested: To review the "Draft" Lease making any comments or needed changes. The City Attorney's Office has already reviewed the draft lease with comments marked in black. We will send the City's comments back to the Forest Service and their legal team will then review the lease for presentation of lease to the City. Please initial your comments. The overall goal is to complete negotiations and have a lease ready (to go through Staff Review) for City Council approval by the first of the year. We have also enclosed a copy of a proposed Forest Service Lease for air base operations for the Fremont National Forest in Lake County, Lakeview, Oregon. Attachments: US Forest Service Press Release (dated 3-26-01) News article (dated 3-27-01) Airport Layout - proposed location of air base Draft Lease and Clauses (dated 11-05-01) Lease/Lake County, Oregon (dated 4-12-00) DFllp Ouachita, Ozark atWt. Francis National Forests P.O. Box 1270TT S Hot Springs, AR 71901 50 I 321-5202 bl,a QF 1VEWS 605 W. Main Russellville, AR 72801 (50 l) 968-23 54 FOR IMMEDIATE RELEASE CONTACT: Tracy Powers DATE: March 26, 2001 PHONE: 501-968-2354 Forest Service Announces Tanker Base Location Fayetteville Municipal Airport Drake Field has been selected as the location for the Forest Service Air Tanker Base for Arkansas and Oklahoma, according to Ron Coats, Regional Fire and Aviation Director for the Forest Service's Southern Region. This selection is contingent upon final lease and contract negotiations. Design and construction should be completed over the next two years. The Air Tanker Base operation provides fast -response, initial attack aerial firefighting capabilities for the USDA Forest Service, and other state and federal land managing agencies in Arkansas, Louisiana, Mississippi, Missouri, Oklahoma, and Texas. The decision to build the Tanker Base at Drake Field was based on the results from a 4 - month -long strategic analysis of Air Tanker Operations in the Forest Service's Southern Region. A national and regional Forest Service team based the decision on the following criteria: 1) Safety, 2) Community Services available; 3) Air Traffic Control; 4) Operational concerns; 5) Additional construction costs; and 6) Lease costs. The Forest Service will continue their strong presence in other communities, with crews continuing to be mobilized nation-wide from airports at Fort Smith, Little Rock, and Texarkana, AR, in addition to Lawton, Oklahoma City, and Tulsa, OK. 9" ti a RTS# vJeS ArtA* A s -rI vN GS ala tattoo a tx /F Ro n�"r P►•a a Democrat w(burtrtte [Y1 A 1'ZC H 21 2 0 o i ta,,.r- o zoo,. G..wvry nam, ve Fayetteville's hometown newspaper proudly serving Washington County amatllftrarl[ttmes.eom Fayetteville, Arkansas • Internet — hltp:#www.reeorddma.com I Section, 12 Pates `Areal asset' U.S. Forest Service selects Drake Field for air tanker base By MATT WAGNER sun whw City officials announced Monday that Fayetteville's Drake Field will soon be the home of a new air tanker base for the U.S. Department of Agriculture Forest Service's firefighting operations to the tri-state area. Joined by Airport Board members. city aldermen and Forest Service officers. Economic Development Director Aleft Little and Mayor Dan Coody addressed local media representatives In the early afternoon, calling the base a 'catalyst' for the once-Ihrlving airport's redevelopment. In 1999. commercial alrllnc aITIlates based at Drake shifted their services to the regional airport in Highfill, changing the nature of the municipal airport to general aviation. -This is going to be a real asset for Drake Field.' Coody said. 'This Is a start. This is going to give us something to build off of. This qualifies as being a giant step In the right direction.' ■ Continued Isom At CITY'S persistence paid off. Although lease negotiations for about 10 acres on the airfield's east side are still pending, the Forest Service has formally announced It will design and construct the tanker base at Drake within the next Iwo years. Lithe said. An office building already exists onsite, but four 14.000 - gallon tanks will need to be constructed to store fire retardant, she added. No hangars are proposed for the facility, but chartered C-130 and P-3 Orion cargo planes will use the base to refuel and refill their 9.000 -gallon tanks while fighting fires primarily in Arkansas and Oklahoma. Between (Svc and 15 Forest Service personnel will be stationed at the base, depending on the time of the year and likelihood of fires In The surrounding national forests. Little said. 'The Air Tanker operation Provides fast -response. Initial. attack. aerial firefighting capabilities for the USDA Forest Service, and other state and federal land managing agencies 66 This is going to be a real asset for Drake Field. This Is a start. This is going to give us something to build off of. This qualifies as being a giant step in the right direction. — FayettevWe Mayor Dan Coady 99 Little said airport management has been working with the Forest Service since July in an effort to persuade the federal agency Drake Field Is the right location for the tanker base — one of three new locations in the Southeast Region — and was pleased to learn the ■ See Drake 1 A3 In Arkansas. Louisiana. Mississippi. Missouri. Oklahoma and Texas.' according to a release distributed by the Forest Service. which noted the agency has utilised tanker operations In Arkansas since 1966. The release further slated the decision to build the facility at Drake was based on the airfield's ability to meet six important criteria: safety, available community services, air traffic control, operational concerns. additional construction costs and lease costs, which Little anticipated will be about 81.200 per acre. Tracy Powers, deputy public affairs officer for the Forest Service, said Drake beat out a handful of other airports in the state. including the Northwest Arkansas Regional Airport and the Fort Smith airport. Powers said the lower activity level at Drake Field was actually a selling point when It comes to safety and response time. Within a 100 -mile radius of Drake — which is equivalent to a20 -minute response time — Tankers can respond to fires in the Ouehits. Ozark and S1. Francis National Forests as well as the Mark Twain National Forest In southeast Missouri. sac said. According to a release put out by the city, the Forest Service stressed safely when selecting the location of Its new air tanker base, and Drake's 6.000. fool runway, varlou2 landing alda and the Aircraft Rescue and Firefighting stationwere Instrumental in the dectston, The base is tentattvely planned to be buil: just southwest of the firefighting station. which is 'manned on a noHflcatton basis and houses a state•of•the-art Air Crash Rescue Vehicle.- the release staled, Airport Board member Rick McKinney said members of the Pilots ■ssoetatlon at Drake have advocated the Forest Service's presence at the airfield. and they do not believe the base will Interfere with general aviation. Forster airport manager Dale Frederick, who now serves as a marketing consultant, said the addition of the tanker base Is a step In the right direction that will likely open communicallon Ilnes with other federal agencies and m1111ary operations that may be looking to relocate or build a new facility. Airports utilized by government enlitiues treceive more funding from the Federal Aviation Administration, Little added. Fayetteville Maya Dan Coady speaks to U.S. Forest Service representatives Tracy Powers and Johnny Lindsey during a press conference to announcethe location of an air tanker base at Fayetteville's Drake Field. The bass, which would support forest firefighting operations for Arkansas and surrou states, is expecled to be constructed within two years. AMDY sa,ure SWI Pe,otogsV+r 'We got every option on the deck open for Shia airport.' Frederick said. 'It opens the door for us to entertain other government agencies that are looking for places to operate their Planes out of. This flanker Basel a gigantic leap in that dlrecuon.' Ir N. `` • O Lam__ r 4 I Q 1 � 0' ' }1 H W E S Fayetteville Municipal Airport Fayetteville, Arkansas 900 0 000 1800 FMK t • 1 f T hmV" RP, ORT RESCUE AND .1� h �y FIREFIGHTING STATION 1�ti�` l �ti Il 1 i - (ARFF) TENTATIVE LOCATION FOREST SERVICE AIR BASE IL-1 '1 `1 ! �r f 0 0 0 11r �rq �or GS ��-✓��,GQ ' / 1 r2Q J041?t Yid rrorvc-v',$ vEF� Page 1 UNITED STATES GOVERNMENTLEASE FOR AIR OPERATIONS BASE (Under authority of sec. 1, Act of August 4, 1965, 79 Stat. 431; 7 U.S.C. 2250a.) Lease Number: Date: LESSOR: LESSEE: The United States of America By the Contracting Officer, Region 8 USDA Forest Service a,t THIS LEASE, made and entered into this date by and between the Proke Washington County, Fayetteville, Arkansas, and whose interest in the property hereinafter described is that owner, hereinafter called the Lessor, and the United States of America by the Contracting Officer, Region 8, USDA Forest Service whose office address is Atlanta, Georgia, hereinafter called the Government: WITNESSETH: The parties hereto for the considerations hereinafter mentioned, covenant and agree as follows: �,�,��,�jje }�,vt►`u�.r �ir/bl'� The Les or hereby leases to the Government the following described premises and easements at )rake +t Fields Fayetteville, Arkansas, Fifth Principal Meridian, Township 15 North, Range 30 West, Section 4 -'Mat part of Section 4 as shown on the attached plat, said plat being recorded in Book 2001, Page 110805 of Washington County Courthouse, Fayetteville, Arkansas, said premises containing 12.8 acres total, more or less, as shown on the attached plat. The leased premises and easements are to be used to construct, maintain, access, and occupy the improvements and facilities necessary for air operations with access to airport runways and taxiways. CJ yr 1. TO HAVE AND TO HOLD the said premises with appurtenances for the term beginning October" l¢ gm 1, 2001, through September 31, 20-, subject to termination and renewal rights as may be 14. hereinafter set forth. 2. The Government will pay the Lessor upon execution of this lease rent amounting to twenty eight thousand one hundred sixty dollars and no 100s dollars ($28,160) per year for the first 5 yearn in consideration of the right to use the said premises during the said tern and renewal thereof: This am ermined by applying an (8%) rate of return to the current fair market value of p acre as determined by recent appraisal of the property. Payment shall be made 1 equal installments in arrears. CA ««««««««»«»«s»s«sssssssss i hit. vCJA-a 71 �C 11��5� �Q CGS i I P-P� � QfP"t-Ls4y ' �. -* ve L S. G -o vi "5 T6�� o-�— 44p-- tip �Q �/iCe �`� � l/� ✓to✓ t AylTorv_,EV_'S_ OFFice _ E I se 3. Annual lease payment amount may be adjusted on a 5 year schedule based on the then current appraised value of the property and shall be determined to be the rate of return of eight percent (8%) of the appraised value per year. Two independent appraisals shall be conducted and the average of the two appraisals shall be used as the basis for determination of the annual amount. Payment will continue to be made quarterly in equal installments in arrears. 4. The Government may terminate this lease at any time by giving 120 days notice in writing to the Lessor. 5. This lease may be renewed at the option of the Government for a period of 20 years (October 1, 20 , through September 30, 20___) under the existing terms if the Government notifies the Lessor in writing at least 90 days before this lease otherwise would expire. 6. The said property will be used for Government purposes, and the Government hereby covenants and agrees to not assign this lease without written permission from the Lessor and not permit the use of the above described tracts or parcels of land by anyone other than the Government, its agents and servants, and cooperators with the Government. The Lessor shall furnish to the Government, during the occupancy of said premises under the terms of the lease, the following: a. Ingress to and Eeress from Adjacentacent Prooertv. The Government shall have ail reasonable right, free of charge, to ingress to and egress from said property for the uses and purposes herein mentioned, provided, that the use of adjacent property and of all runways and airport facilities shall be subject to all rules and regulations governing the use of said airport facilities. The Lessor agrees to complete the improvement project currently underway to widen taxiways designated on the attached drawing to a minimum width of 50' within two years. b. Lessor agrees to furnish to the Government's buildings and structures such routine services as are furnished to other lessees now or to be located on Drakc Field and at proportionate costs to the Government. These services shall include, but not be limited to, fire protection, snow removal and weed control.. Initial response for aircraft crash and rescue within the airport boundary shall be provided by the Lessor. Structural fire response shall be joint with the resident County protection district. The Lessor also agrees to provide an FAA - operated control tower through the first two years of this lease. — TW o yawY3? r do -'r T9, 6J -R dF4'• ...% ';.;v ya.r f . Rights -of -Way. The Lessor guarantees to the Government rights-of-way, free of charge, to install at Government expense all power lines, sewer lines, gas lines and waterlines and any other utility lines required to service the Government improvements and facilities. 8. The Government shall have rights, during the existence of this lease: a. To erect such structures and associated facilities as may be needed upon the premises hereby leased, such improvements to be and remain the property of the Government and may be removed therefrom by the Government within a reasonable time after termination of this lease Lo L or renewal thereof. The Government shall provide written notice to the Fayettcville— of planned new structural development during the term of the lease, and c. To dispose of improvements in place, in the event that use is discontinued by the Government; provided that if disposition of the improvements is to a party or parties other than the Lessor, the improvements shall be removed from the premises within a reasonable period, and 9. Any structures or improvements erected or constructed upon the premises will not compromise the airport requirements consistent with the Federal Acquisition Regulation 77, Objects Affecting Navigable Airspace, and other recommended airport design criteria of the Federal Aviation Administration, unless previously approved by the Administrator's duly authorized representative. Facility construction shall be in compliance with current building codes in effect at the time of construction. 10. It is agreed and understood by and between the parties that the Government will maintain the structures furnished under this lease in good repair and tenantable condition during the term of the lease. "Ilse rnafra cssor will maintain the premises to include all concrete and grass surfaces. p, 11. A joint physical survey and inspection report of the demised property shall be made as of the effective date of the lease, reflecting the then to present condition, and shall be signed on behalf of the parties hereto. 12. Nothing in this lease shall be construed as obligating the Government to expend, or as involving the United States in any obligation for the future payment of money in excess of appropriations authorized by law and administratively made available. 13. The Lessor agrees to not discriminate by segregation or otherwise against any person or persons because of race, creed color, religion, national origin, sex, martial status, or handicap in the furnishing, or by refusing to furnish, to such 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, client, guests, and invites. 14. No member of, or Delegate to, Congress, or Resident Commissioner, shall be admitted to any share or part of this lease 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. IN WITNESS WHEREOF, the parties hereto have hereunder subscribed their names as of the date first above written. LESSORLLE— k1q1V51 r-> BY - I Lotj Powers - Lou Powers - ocGL Page r (Acquisition of Leasehold Interests in Real Property) Complete appropriate bores, slgn the form, and attach to offer. The Offeror makes the following Representations and Certifications. NOTE: The 'Offeror,' as used on this form, is the owner of the properfy offered, not an individual or agent representing the owner. 1. 52219-1 • SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 1999) (a) 1 The standard industrial classification (SIC) code for this acquisition Is 6515. 2 The small business size standard applicable to this acquisition is average annual gross revenues of $15 million or less for the preceding three fiscal years. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which It did not itself manufacture, Is 300 employees. (b) Representations. �1 The Offeror represents as part of Its offer that It [ J Is ,� Is not a small business concern. 2 (Complete only If offeror represented itself as a srrhhallI business concern inrags h (b)(1) of this provision.) The Offeror represents, for general statistical purposes, that It [ �Is, [ is not a small disadvantaged business concern as defined In 13 CFR 124.1002. (3) (Complete only If offeror represented Itself as a small business concern in paragraph (bgl) of this section.) The Offeror represents as part of Its offer that It [ ] Is, [ ] is not a women -owned small business concern. (4) [Complete If offeror represented Itself as disadvantaged in paragraph (b)(2) of this provision). [The offeror shall check the category In which its ownership falls]: _ Black American. Hispanic American. Native American (American Indians, Eskimos, Aleuts. or Native Hawaiians). Asian -Pacific American (persons with origins from Burma Thailand Malaysia, Indonesia, Singapore, Brunel, Japan, Chins, Tahvan, Laos, Cambodia (Kampuchea . Vietnam Korea, The Phll3ppines, U.S. Trust Territory of the Pacific Islands (Republic of Patau), RR@public OF the Marshall Islands Federated Stites of Micronesia. the Commonwealth of the Northam Mariana Islands, Guam, §amoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). Subcontinent AsianAslandrs nd an) American (peons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan. the Maldives Islands, or Nepal). lndividuallconcem, other than one of the preceding. (c) �enitl�� Smell business concern, as use in this provision, means a concern, Including its affiliates, that Is Independently operated not dominant In the field of operation In which It is bidding on Government contracts, and qualified as a small business under the criteria In 13 CFR Part 121 and the size standard in paragraph (a) of this provislom Wornenowned small business concern, as use In this provision, means a small business concern -- (1) Which Is at least 51 percent owned by ons or more women or, In the case of any publicly owned business, at bast 51 percent of the stock of which Is owned one ore more women; and (2) Whose management and daily business operations are controlled by one or more women. (d) Notice. (1) It this solicitation Is for supplies and has been set aside, in whole or In part, for small business concerns, then the clause in thla solichatlon providing notice of the set-aside contains restrictions on the source of the end Items to be fumished. (2) Under 15 U.S.C. 643(d), any person who misrepresents a firm's status as a small, small disadvantaged. or womanowned small business concern In order to obtain a contract to be awarded under the preference proams efstaablishe lapvr pursuant to sections 8(a), 8(d), 9, or 13 of the Small Business Act or any other l proospecifically references section 8(d) for a definition of program eligibility, af I - q Be punished by Imposition of fine, imprisonment, or both; 1 Be sub ect to administrative remedies, including sus rasion and debarment; and 11) Be Inel gible for participation In programs conducted under the authority of the Act. 2. 52.204-5 • WOMEN -OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (MAY 1999) (a) Definition. "Women -owned business concern." as used in this provision. means a concern which Is at least 51 percent owned by one or more women; or In the case of any publicly owned business, at least 51 percent of its stock Is owned by one or more women; and whose management and dally business operations are controlled by one or more women. INITIALS: d LESSOR GOVERNMENT GSA FORM 3518 PAGE 1 (REV 9199) Lou Powers - oc Page 2 (b) Representation. [Complete only If the offeror Is a women -owned business concern and has not represented Itself as a small business concern in paragraph (b)11j of FAR 52.219-1, Small Business Program Representations, of this solicitation.) The offeror represents that it [ ] Is a women -owned business concern.. 3. 52.222-22 -PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) The Offerer represents that -- (a) It [ ]tins, [ 1 has not participated In a previous contract or subcontract subject to the Equal Opportunity clause o this solicitation; (b) ft [ I has, [ I has not filed all required compliance reports; and (c) . Representations Indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. (Approved by OMB under Control Number 1215-0072.) 4. 52.222-25 - AFFIRMATIVE ACTION COMPLIANCE (APR 1994) The Offeror represents that — (a) It f ] has developed and has on file ( ] has not developed and does not have on file, at each establishment affirmative action programs required 6y the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) It I ] has not provkRaly had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (Approved by OMB under Control Number 1215.0072.) 5. 52.203-02 - CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) (Applies to leases which exceed $100,000 average net annual rental. Including option periods.) (a) The Offeror certifies that— (1) The prices In this offer have been arrived at Independently, without, for the purpose of restricting tompatitl any consuftatlocommunication, or agreement with any other Offeror or competitor relating t°'�) n, those prices (i1) the Intention to submit an offer, or (ill) time methods or factors used to calculate the prices offered• (2) The prices In this Offer have not been and will not be knowingly disclosed by the Offeror, directly or fndlreetiy to any other Offeror or competitor before bid opening (1n the case of a sealed bid sollcitafion) or contract award On the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the Offeror to Induce any other concern to submit or not to submit an offer for the purpose of restricting competition. (b) Each signature on the offer Is considered to be a certification by the signatory that the signatory— (1) Is the person In the Offerors organization responsible for detwmining the prices being offered In this bid or proposal, and that the s rat has not participated and will not participate in any action contrary to suamorsphs (a)( � (aLabove; or (2) (1) Has been a In , to act as agent for the following principals In certthring that those prtntl�s have n e gated, and wql not parUclpate In any action contrary to subparagraphs p tons m a] Dnsert full name o or p ops 1, and the Utle of hIn Offeroes is or her position Innization ntthe Offerorible for determining m n�lration)- offered In this bid is p as (10 As authorized agent, does certify that the principals =In subdivision (b)(2)(1) above have participated, and will not participate. In any action contrary to subparagraphs (a)(1) through ZZ)above; and (ice) an agent, has not personally partklpated, .and will not participate, in action contrary to subparagraphs (a)(1) through (a)(3) above. (c) If the Offeror deletes or modifies subparagraph (a)[2 above, the Offeror must furnish with its offer a signed statement setting forth In detail the circumstances o,f t� disclosure. 6. 5220341 - CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (APR 1991) (DEVIATION) (Applies to losses which exceed $100,000.) (a) The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on Payments to Influence Certaln Federal Transactions, are hereby Incorporated by reference in paragraph (b) of this certification. (b) � s b ring its offer, hereby certifies to the best of his or her knowledge and belief that on or after 19 (1) No Federal appropriated funds have been paid or will be Id to any person for influencing or attemptin to Influence an officer or employee of any agency, a Member of any. an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf In connection with the awarding INITIALS' b LESSOR GOVERNMENT GSA FORM 3518 PAGE 2 (REV 6189) j Lou Owers- -35i8.doc Pa e 3 9 I of a contract resulting from this solicitation. (2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid to any person for influencing or attempting to Influence on officer or employee of arty agency, a Member of Congress, an officar or employee of Congress, or an employee of a Member off Congress on his or her behalf in connection with this solicitation, the offeror shall Complete and submit with Its offer, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer, and (3} He or she will Include the language of this certification In all subcontract swards at any tier and require that all recipients of subcontract awards In excess of 5100,000 shall certify and disclose accordingly. (c) Submission of this certification and disclosure Is a prerequisite for making or entering Into this contract imposed by sectlon 1352, title 31, United States Code. Any person who makes an expenditure prohibited under this provlslon or who falls to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a ctvll penalty of not Is" than $10,000, and not mom than $100,000, for each such failure. 7. 52.209-5 - CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (MAR 1996) (Applies to leases which exceed $100,000 average not annual rental, including option periods.) (a) (1) The Offeror certifies, to the best of Its knowledge and belief, that— (I)The Offeror and/or any of Its Principals— (A) Are [ ] are notp(J presently debarred, suspended, proposed for debarment, or declared Ineligible for the award of contracts by any Federal agency; (B) Have {) have not [ ], within a three-year period preceding this offer been convicted of or had a cfvvll Judgment rendered against them for. commission of fraud or a criminal offense In connection with obtaining, attempting to obtain, or performing a public (Federal State, or subcontract; contract or subcract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or pdsessttruction of records, making false statements, tax evasion, or receiving stolen pro ; and (C) Are [ ] are not presently Indicted for, or otherwise criminally or clvilry charpad by a ernmenit! entlt with, commission of any of the offenses enumerated in subdivision of this provision. (III Tlrs s}{1}lies)[ ]teas rwtpQ within a contracts terminated for defaulfby a Feder gency ding this offer, had one or more (2) "Princlpais," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager; head of a subsidiary, division, or business segment, and similar positions). THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE FICTITIOUS OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001, TITLE 18, UNRED STATES CODE. (b) The Offeror shall provide Immediate written notice to the Contracting Officer It, at any time prior to contract award, the Offeror learns that its cartiflcation was erroneous when submitted or has become erroneous by mason of changed circumstances. (c) A certification that any of the Items In paragraph (a) of this provision exists will not necessarily result In withholding of an award under this solicitation. However, the certification will be considered In connection with a determination of the Offerors responsibIllty. Failure of the Offeror to furnish a certification or provide such additional Information as requested yE the Contracting Officer may render the Offeror nonresponsfble. (d) Nothing contained In the foregoing shall be construed to require establishment of a system of records In order to render. In good falth, the certification required by paragraph (a) of this provision. The knowledge and Information of on Offeror Is not required to exceed that which Is normally possessed by a prudent person In the ordinary course of business dealings. (e) The certification In paragraph (ay of this provision Is a material representation of fact upon which reliance was placed when maklnp award. R k is later determined that the Offeror knowingly rendered on erroneous cwUflcatkw% In addition to other remedies available to the Govemment, the Contracting Officer may terminate the contract resulting from this solicitation for default. 8. 52.204-3 - TAXPAYER IDENTIFICATION (JUN 1997) (a) OeNnldons. "Common parent," as used in this solicitation provision, means that corporate entity that owns or controls an affiliated group of corporations that files Its Federal Income tax returns on a consolidated basis, and of which the offeror is a member. I TTarpayar Iden�catlon Number MN)," as used In this solicitation provision, means the number required b the be used by the offeror in reporting Income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number. INInALS: a LESSOR GOVERNMENT GSA FORM 351E PAGE 3 (REV 999) Lou Powers - 3518.docHERE Page 4 (b) All offerors must submit the information required In para ra hs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 332�5(d�, reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M. and Implementing regulations issued by the IRS tf the resulting contract Is subject to the payment re Ting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the of oror to fumish the Information may result in a 31 percent reduction of payments otherwise due under the contract. (c) The TIN may be used by the Government to collect and report on any delinquent amounts artsing out of the offerors relationship with the Government (31 U.S.C. 7701(c)(3)). M the resulting contract Is subject to the payment reporting requirements described In FAR 4.904, the i N provided hereunder may be matched with IRS records to vertfy t accuracy of the offerors TIN. (d) TaxpayerldendRcadonNumber MAO, TIN: TIN has n applied for. TIN Is not required because: Offeror Is a nonresident alien, foreign corporation, or foreign partnershlp that does not have income effectively connected with the conduct of a trade or business In the United States and does not have an office or place of business or a fiscal paying agent In the United States; Offeror is an agency or Instrumentality of a foreign government; Offeror is an agency or Instrumentality of the Federal government; (e) Type of organization. Solepropristorshfp; Partnership; Not a corporate entity. Corporate entitynot tax-exempt); Corporate entity (tax-exempt); Government entity (Fedora ll, SState, or local); Foreign government; International organization per 26 CFR 1.6049.4; Other (f) Common Parent Offeror is not owned or controlled by a common parent as defined In paragraph (a) of this provision. Name and TIN of common parent: Name TIN 9. OFFEROR'S DUNS NUMBER (APR 1996) Enter number, If known: OFFEROR OR I Name and Address (Ineluding ZIP Code) Telephone Number AUTHORIZED REPRESENTATIVE Signature I Date winALS- b LESSOR GOVERNMENT GSA FORM 3518 PAGE 4 (REV QM) Lou Powers - Page GENERAL CLAUSES (Acquisltion of Leasehold Interests In Real Property) CATEGORY Clause No. 48 CFR Ref. Clause Title DEFINITIONS 1 552.2704 Definitions GENERAL 2 552.270-5 Subletting and Assignment 3 552.270-11 Successors Bound 4 552.270-23 Subordination, Nondisturbance and Attomment 5 552.270-24 Statement of Lease 6 552.270-25 Substitution of Tenant Agency 7 552.270-26 No Waiver 8 552.270-27 Integrated Agreement 9 552.270-28 Mutuality of Obligation PERFORMANCE 10 552.270-17 Delivery and Condition 11 552.270-18 Default in Delivery - Time Extensions (Variation) 12 552.270-19 Progressive Occupancy 13 552.270-21 Effect of Acceptance and Occupancy 14 552.270-6 Maintenance of Building and Premises -Right of Entry 15 552.270-10 Failure In Performance 16 17 552.270-22 552.270-7 Default by Lessor During the Term Fire and Casualty Damage 18 552.270-8 Compliance with Applicable Law 19 552.270-12 Alterations 20 552.270-29 Acceptance of Space INSPECTION 21 552.270-9 Inspection -Right of Entry PAYMENT 22 23 552.232.75 552.232-76 Prompt Payment Electronic Funds Transfer Payment (Variation) 24 552.232-70 Invoice Requirements 25 52.232-23 Assignment of Claims 26 552.270-20 Payment (Variation) STANDARDS OF 27 552.203-5 Covenant Against Contingent Fees CONDUCT 28 52.203-7 Anti-Klckback Procedures 29 52.223-6 Drug -Free Workplace ADJUSTMENTS 30 552.203-70 Price Adjustment for Illegal or Improper Activity 31 52.215-10 Price Reduction for Defective Cost 32 552.270-13 or Pricing Data Proposals for Adjustment AUDITS 33 34 552.27044 Changes (Variation) 552.215-70 Examination of Records by GSA i 35 52.215-2 Audit and Records -Negotiation DISPUTES 36 52.233-1 Disputes LABOR STANDARDS 37 38 52.222-26 52.222-21 Equal Opportunity Prohibition of Segregated Facilities 39 52.222-35 Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era 40 52.222-36 Affirmative Action for Workers with Disabilities 41 52.222-37 Employment Reports on Disabled Veterans and Veterans of the t INITIALS: a ! LESSOR GOVERNMENT GSA FORMA 35176 PAGE 1 (REV 9+99) Page Lou Powers - 3517b.doc Vietnam Era SUBCONTRACTING 42 52.209-6 Protecting the Government's interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment 43 52.215-12 Subcontractor Cost or Pricing Data 44 52.219-8 Utilization of Small, Small Disadvantaged and Women -Owned Small Business Concerns 45 52.219-9 Small, Small Disadvantaged and Women -Owned Small Business Subcontracting Pian 46 52.219-16 Uquidated Dama es - Subcontracting Plan ADVERTISING 47 552.203-71 Restriction on Advertising I INITIALS: b LESSOR GOVERNMENT GSA FORM 35178 PAGE 2 (REV 9189) lou Powers - 35 7 oc Page 3 GENERAL CLAUSES (Acquisition of Leasehold Interests in Real Property) 1. 552.270-4- DEFINITIONS (SEP 1999) The following terms and phrases (except as otherwise expressly provided or unless the context otherwise requires) for all purposes of this lease shall have the respective meanings hereinafter specified: (a) "Commencement Date" means the first day of the tern. (b) "Contract" and "Contractor" means "Lease" and "Lessor," respectively. (c) "Contracting Officer' means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized re resentatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer. (d) "Delivery Date" means the date specified In or determined pursuant to the provisions of this lease for delivery of the premises to the Government, improved in accordance with the Provisions of this lease and substantially complete, as such date may be modified in accordance with the provisions of this lease. (e) "Delivery Time" means the number of days provided by this lease for delivery of the premises to the Government, as such number may be modified In accordance with the provisions of this lease. (f) "Excusable Delays" mean delays arising without the fault or negligence of Lessor and Lessors subcontractors and suppliers at any tier and shall Include, without limitation, (1) acts of God or of the public enemy, (2) acts of the United States of America in either Its sovereign or contractual capacity, (3) acts of another contractor In the performance of a contract with the Government,(41 fires, (5j floods, 46) epidemics, (7) quarantine restrictions, (8) strikes, (9) freight em argoes, (N unusually severe weather, or (11) delays of subcontractors or suppliers at any tier arising from unforeseeable causes beyond the control and without the fault or negligence of both the Lessor and any such subcontractor or supplier. (g) "Lessor" means the sub -lessor If this lease is a sublease. (h) "Lessor shall provide" means the Lessor shall furnish and Install at Lessors expense. (1) "Notice" means written notice sent by certified or re �Istered mail, Express Mail or comparable service, or delivered by hand. Notice shall be effective on the date delivery is accepted or refused. 0) "Premises" means the space described on the Standard Form 2, U.S. Government Lease for Real Property, of this lease. (k) "Substantial/ complete" and "substantial completion" means that the work, the common and other areas of the building, and all other things necessary for the Government's access to the premises and occupancy, possession, use and enJoyment thereof as provided In this lease, have been completed or obtained, excepting only such minor matters as do not interfere with or materially diminish such access, occupancy, possession, use or enjoyment. (1) "Work" means all alterations, Improvements, modifications, and other things required for the preparation or continued occupancy of the premises by the Government as specified In this lease. 2. 552.270-5 - SUBLETTING AND ASSIGNMENT (SEP 1999) 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. The Government may at any time assign this lease. and be relieved from all obligations to Lessor under this lease excepting onlyy unpaid rent and other liabilities, if any, that have accrued to the date of said assignment. Rny assignment shall be subject to prior written consent of Lessor, which shall not be unreasonably withheld. iNITFAL& d LESSOR GOVERNMENT GSA FORM 35176 PAGE 3 (REV 999) Loii Powers - 36_17Y.Foc in Adak Page 4141111IF 14W 3. 552.270-11 SUCCESSORS BOUND (SEP 1999) This lease shall bind, and inure to the benefit of, the parties and their respective heirs, executors, administrators, successors, and assigns. 4. 552.270-23 -SUBORDINATION, NONDISTURBANCE AND ATTORNMENT (SEP 1999) (a) Lessor warrants that It holds such title to or other Interest In the premises and other property as Is necessary to the Government's access to the premises and full use and enjoyment thereof in accordance with the provisions of this lease. Government agrees, In consideration of the warranties and conditions set forth in this clause, that this lease is subject and subordinate to any and all recorded mortgages, deeds of trust and other liens now or hereafter existing or Imposed upon the premises, and to any renewal, modification or extension thereof. it Is the Intention of the Parties that this provision shall be self -operative and that no further Instrument shall be required to effect the present or subsequent subordination of this lease. Government agrees, however, within twenty (20) business days next following the Contracting Officers receipt of a written demandd to execute such Instruments as Lessor may reasonably request to evidence further the subordination of this lease to any existing or future mortgage, deed of trust or other security interest pertaining to the premises, and to an water, sewer or access easement necessary or desirable to serve the premises or adjoining Property owned In whole or in part by Lessor If such easement does not Interfere with the full enjoyment of any right granted the Government under this lease. (b) No such subordination, to either existing or future mortgages, deeds of trust or other lien or security Instrument shall operate to affect adversely any right of the Government under this lease so long as the Government Is not in default under this lease. Lessor will Include in any future mortgage, deed of trust or other security Instrument to which this lease becomes subordinate, or In a separate nondisturbance agreement, a provision to the foregoing effect. Lessor warrants that the holders of all notes or other obligations secured by existing mortgages, deeds of trust or other security instruments have consented to the provisions of this clause, and agrees to provide true copies of all such consents to the Contracting Officer promptly upon demand. (c) In the event of any sale of the premises or any portion thereof by foreclosure of the lien of any such mortgage, deed of trust or other security instrument, or the giving of a deed In lieu of foreclosure, the Government will be deemed to have attorned to any purchaser, purchasers, transferee or transferees of the premises or any portion thereof and its or their successors and assigns, and any such purchasers and transferees will be deemed to have assumed all obligations of the Lessor under this lease, so as to establish direct privity of estate and contract between Government and such purchasers or 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, further, that the Contracting Officer and such purchasers or transferees shall, with reasonable promptness following any such sale or deed delivery In lieu of foreclosure, execute all such revisions to this lease, or other writings, as shall be necessary to document the foregoing relationship. (d) None of the foregoing provisions may be deemed or construed to imply a waiver of the Government's rights as a sovereign. 5. 552.270-24 - STATEMENT OF LEASE (AUG 1999) (a) The Contracting Officer will, within thirty (30) days next following the Contracting Officer's receipt of a joint written request from Lessor and a prospective lender or purchaser of the building, execute and deliver to Lessor a letter stating that the same fs Issued subject to the conditions stated in this clause and, If such Is the case, that {1) the lease is In full force and effect; (2) the date to which the rent and other charges )nave been paid In advance, If any; and (3) whether any notice of default has been Issued. (b) Letters issued pursuant to this clause are subject to the following conditions: (1) That they are based solely upon a reasonably diligent review of the Contracting Officers lease file as of the date of Issuance; (2) That the Government shall not be held liable because of any defect in or INITIALS: a LESSOR GOVERNMENT GSA FORM 35178 PAGE 4 (REV 9199) Lou Powers - 3517 . oc Page 5NOW condition of the premises or building; (3) That the Contracting Officer does not warrant or represent that the premises or building comply with applicable Federal, State and local law; and (4) That the Lessor, and each prospective lender and purchaser are deemed to have constructive notice of such facts as would be ascertainable by reasonable Prepurchase and precommitment Inspection of the Premises and Building and by Inquiry to appropriate Federal, State and local Government officials. 6. 552.270-25 -SUBSTITUTION OF TENANT AGENCY (SEP 1999) The Government may, at any time and from time to time, substitute any Government agency or agencies for the Government agency or agencies, If any, named In the lease. 7. 552.270-26 -NO WAIVER (SEP1999) No failure by either party to Insist upon the strict performance of any provision of this lease or to exercise any right or remedy consequent upon a breach thereof, and no acceptance of full or partial rent or other performance by either party during the continuance of any such breach shall constitute a waiver of any such breach of such provision. 8. 552.270-27 - INTEGRATED AGREEMENT (SEP 1999) This Lease, upon execution, contains the entire agreement of thepparties and no prior written or oral agreement, express or implied, shall be admisslble to contradict the provisions of the Lease. 9. 552.270-28 - MUTUALITY OF OBLIGATION (SEP 1999) Theobligations and covenants of the Lessor, and the Government's obligation to pay rent and other Government obligations and covenants, arising under or related to this Lease, are Interdependent. The Government may, upon Issuance of and delivery to Lessor of a final decision asserting a claim against Lessor, set off such claim, In whole or in part, as against any payment or payments then or thereafter due the Lessor under this lease. No setoff pursuant to this clause shall constitute a breach by the Government of this lease. 10. 552.270-17 - DELIVERY AND CONDITION (SEP 1999) (a) Unless the Government elects to have the space occupied In increments. the space must be delivered ready for occupancy as a complete unit. The Government reserves the right to determine when the space is substantially complete. (b) if the premises do not In every respect comply with the provisions of this lease the Contracting Officer may, In accordance with the Failure In Performance clause of this lease, elect to reduce the rent payments. 11. 552.270-18 -DEFAULT IN DELIVERY -TIME EXTENSIONS (SEP 1999) (VARIATION) (a) With respect to Lessors obligation to deliver the premises substantially complete by the delivery date (as such date may be modified pursuant to this tease), time Is of the essence. If the Lessor fails to prosecute the work with the diligence that will ensure its substantial completion by the delivery date or fails to substantially complete the work by such date, the Government may by notice to the Lessor terminate this lease, which termination shall be effective when received by Lessor. The Lessor and the Lessors sureties, if any, shall be jointly and severally liable for any damages to the Government resulting from such termination, as provided in this cause. The Government shall be entitled to the following damages: (1) The Government's aggregate rent and estimated real estate tax and operating cost adjustments for the firm term and all option terms of its replacement lease or teases, In excess of the aggregate rent and estimated real estate tax and operating cost adjustments for the term; provided, If the Government procures replacement premises for a term (including all option terms) In excess of the term, the Lessor shall not be liable for excess Government rent or adjustments during such excess part of such term; (2) All administrative and other costs borne by the Government in procuring a replacement lease or leases; (3) Such other, additional relief as may be provided for in this lease, at law or in equity. INITIALS: a LESSOR GOVERNMENT GSA FORM 35178 PAGE 5 (REV 9r99) Lou Powers - 351 oc A Page 6] (4) Damages to which the Government may be entitled under this clause shall be due and payable thirty (30) days next following the date Lessor receives notice from the Contracting car specifying such damages. (b) Delivery by Lessor of less than the minimum ANSUBOMA Usable square footage required by this lease shall in no event be construed as substantial completion, except as permitted by the Contracting Officer. (c) Notwithstanding paragraph a) of this clause, this lease shall not be terminated under this clause nor the Lessor charged with damages under this clause, If (1) the delay in substantially completing the work arises from excusable delays and () the Lessor within 10 days from the beginning of any such delay (unless extended In writing by the Contracting Officer) provides notice to the Contracting Officer of the causes of delay. The Contracting Officer shall ascertain the facts and the extent of delay. If the facts warrant such action, the delivery date shall be extended, by the Contracting Officer, to the extent of such delay at no additional costs to the Government. A time extension Is the sole remedy of the Lessor. 12. 552.270-19 - PROGRESSIVE OCCUPANCY (SEP 1999) The Government shall have the right to elect to occupy the space in partial increments prior to the substantial completion of the entire leased premises, and the Lessor agrees to schedule Its work so as to deliver the space Incrementally as elected by the Government. The Government shall pay rent commencing with the first business day following substantial completion of the entire leased premise unless the Government has elected to occupy the leased premises Incrementally. In case of incremental occupancy, the Government shall pay rent pro rata upon the first business day following substantial completion of each Incremental unit. Rental payments shall become due on the first ;onth rkdoof the month following the monthIn which an Incrementofspaceissubstantiallymplete.ecephatshould an Increment of spacbesubstantially completed after theeenth day of the month,the a ment due date willhe first woday ofthe second following the month in whicf� it was substantially complete. The commencement da of the firm lease term will be a composite determined from all rent commencement dates. 13. 552.270-21 - EFFECT OF ACCEPTANCE AND OCCUPANCY (SEP 1999) Neither the Government's acceptance of the premises for occupancy, nor the Government's occupancy thereof, shall be construed as a waiver of any requirement of or right of the Government under this Lease, or as otherwise prejudicing the Government with respect to any such requirement or right. 14 552.270-6 - MAINTENANCE OF BUILDING AND PREMISES - RIGHT OF ENTRY (SEP 1999) Except In case of damage arising out of the willful act or negligence of a Government employee, Lessor shall maintain the premises, Including the building, building systems, and all equipment, fixtures, and appurtenances furnished by the lessor under this lease, In good repair and candl0 so that they are suitable In appearance and capable of supplying such heat, air conditioning, light. ventilation, safety systems, access and other things to the premises, without reasonably preventable or recurring disruption, as is required for the Government's access to, occupancy. possesslon, use and enjoyment of the premises as provided in this lease. For the purpose of so maintaining the premises, the Lessor may at reasonable times enter the premises with the approval of the authorized Government representative In charge. 15. 552.270-10 -FAILURE IN PERFORMANCE (SEP 1999) The covenant to pay rent and the covenant to provide any service, utility, maintenance, or repair required under this lease are Interdependent. In the event of any failure by the Lessor to provide any service, utility, maintenance, repair or replacement required under this lease the Government may, by contract or otherwise, perform the requirement and deduct from any payment or payments under this lease, then or thereafter due, the resulting cost to the Government, including all administrative costs. if the Government elects to perform any such requirement, the Government and each of Its contractors shall be entitled to access to any and all areas of the building, access to which is necessary to perform any such requirement, and the Lessor shall afford and facilitate such access. Alternatively, the Government may deduct from any payments under this lease, then or thereafter due, an amount which reflects the reduced value of the contract requirement not performed. No deduction from rent pursuant to this clause shall constitute a default by the Government INITIALS: 6 LESSOR GOVERNMENT GSA FORM 35178 PAGE 6 (REV 9M) Lou Powers - 351 T .doc Page 7 under this lease. These remedies are not exclusive and are in addition to any other remedies which may be available under this lease or at law. 16. 552.270-22 - DEFAULT BY LESSOR DURING THE TERM (SEP 1999) (a) Each of the following shall constitute a default by Lessor under this lease: (1) Failure to maintain, repair, operate or service the premises as and when specified In this lease, or failure to perform an yy other requirement of this lease as and when required provided any such fallure shall remain uncured for a period of thirty (3days next following Lessors receipt of notice thereof from the Contracting Officer or an authorized representative. (2) Repeated and unexcused failure by Lessor to complywith one or more requirements of this lease shall constitute a default notwihstanding that one or all such failures shall have been timely cured pursuant to this clause. (b) if a default occurs, the Government may, by notice to Lessor, terminate this lease for default and If so terminated, the Govemment shall be entitled to the damages specified In the Default In Delivery -Time Extensions clause. 17. 552.270-7 - FIRE AND CASUALTY DAMAGE (SEP 1999) tf the entire premises are destroyed by fire or other casualty, this lease will immediately terminate. In case of Partial destruction or damage, so as to render the premises untenantable, as determined by the Govemment, the Govemment may terminate the lease by gwing written notice to the Lessor within 15 calendar days of the fire or other casualty; if so ferminated, no rent will accrue to the Lessor after such partial destruction or damage; and If not so terminated, the rent will be reduced proportionately by supplemental agreement hereto effective from the date of such partial destruction or damage. Nothing in this lease shall be construed as relieving Lessor from liability for damage to or destruction of property of the United States of America caused by t e willful or negligent act or omisslon of Lessor. 16. 552.270-8 -COMPLIANCE WITH APPLICABLE LAW (SEP 1999) Lessor shall comply with all Federal, state and local laws applicable to the Lessor as owner or lessor, or both, of the 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. The Government will comply with ail Federal state and local laws applicable to and enforceable against It as a tenant under this lease; provided that nothing In this lease shall be construed as a waiver of any sovereign immunity of the Govemment. This lease shall be governed by Federal law. 19. 552.270-12 -ALTERATIONS (SEP 1999) The Govemment 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 Govemment and may be removed or otherwise disposed of by the Govemment. If the lease contemplates that the Govemment is the sole occupant of the building, for purposes of this clause, the [eased premises Include the land on which the building is sited and the building Itself. Otherwise, the Govemment shall have the right to tle into or make any physical connection with any structure located on the property as is reasonably necessary for appropriate utilization of the leased space. 20. 552.270-29 - ACCEPTANCE OF SPACE (SEP 1999) (a) When the Lessor has completed all alterations. Improvements, and repairs necessary to meet the requirements of the lease, the Lessor shall notify the Contracting Officer. The Contracting Officer or designated representative shall promptly Inspect the space. (b) The Govemment will accept the space and the lease term will begin after determining that the space Is substantiallyy complete and contains the required ANSIIBOMA Usable square footage as Indicated In the paragraph of this solicitation entitled "Amount and Type of Space." INITIALS: LESSOR GOVERNMENT GSA FORM 35178 PAGE 7 (REV 6199) Lou Powers - 3517 oc ` A Page 8 21. 552.270-9 -INSPECTION -RIGHT OF ENTRY (SEP 1999) (a) At any time and from time to time after receipt of an offer (until the same has been duly withdrawn or rejected), after acceptance thereof and during the term, the agents, employees and contractors of the Government may, upon reasonable prior notice to Offeror or Lessor, enter upon the offered premises or the premises, and all other areas of the building access to which Is necessary to accomplish the purposes of entry, to determine theotential or actual compliance by the Offeror or Lessor with the requirements ofthesolicitation or this lease, which purposes shall include, but not be limited to: (11 Inspecting sampling and analyzing of suspected asbestos-contalning materials an air monitoRng for asbestos fibers; (2) Inspecting the heating, ventilation and air conditionings stem, maintenance records, and mechanical rooms for the offered premises or the promises; (3) inspecting for any leaks, spills, or other potentiafly hazardous conditions which may involve tenant exposure to hazardous or toxic substances; and (4) inspecting for any current or past hazardous waste operations, to ensure that ap propriate mitigative actions were taken to alleviate any environmentally unsound acfivitles In accordance with Federal, State and local law. (b) Nothing In this clause shall be construed to create a Government duty to Inspect for toxic materials or to Impose a higher standard of care on the Government than on other lessees. The purpose of this clause is to promote the ease with which the Government may inspect the building. Nothing in this clause shall act to relieve the Lessor of any duty to Inspect or liability which might arise as a result of Lessor's failure to inspect for or correct a hazardous condition. 22. 552.232-75 - PROMPT PAYMENT (SEP 1999) The Government will make payments under the terms and conditions specified In this clause. Payment shall be considered as being made on the day a check is dated or an electronic funds transfer Is made. All days referred to In this clause are calendar days, unless otherwise specified. (a) Payment due date. (1) Rental payments. Rent shall beaid monthly in arrears and will be due on the first workday of each month, andonlyas provided for by the lease. (1) When the date for commencement of rent falls on the 15th day of the month or earlier, the Initial monthly rental payment under this contract shall become due on the first workday of the month following the month In which the commencement of the rent Is effective. (11) When the date for commencement of rent falls after the 15th day of the month, the initial monthly rental payment under this contract shall become due on the first workday of the second month following the month In which the commencement of the rent Is effective. (2) Other payments. The due date for making payments other than rent shall be the later of the following two events: (1) The 30th day after the designated billing office has received a proper Invoice from the Contractor. (11) The 30th day after Government acceptance of the work or service. However, If the designated billing office falls to annotate the Invoice with the actual date of receipt, the Invoice payment due date shall be deemed to be the 30th day after the Contractors invoice Is dated, provided a proper Invoice Is received and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements. (b) Invoice and Inspection requirements for payments other than rent. (1) The Contractor shall prepare and submit an invoice to the designated billing office after completion of the work. A proper Invoice shall include the following Items: 1) Name and address of the Contractor. li) Invoice date. Iij) Lease number. Iv) Govemment's order number or other authorization. v Description, price, and quantity of work or services dolivered. v ) Name and address of Contractor official to whom payment is to be sent (must be the same as that In the remittance address In the lease or the order.) INITIALS' d LESSOR GOVERNMENT GSA FORM 35178 PAGE 8 (REV 8199) I Lou Powers - 3517 oc Page 9 low low (vii) Name (where practicable), title, phone number, and mailing address of person to be notified in the event of a defective invoice. (2) The Government will Inspect and determine the acceptability of the work performed or services delivered within 7 days after the receipt of a proper Invoice or notification of completion of the work or services unless a different period is specified at the time the order is placed. If actual acceptance occurs later, for the purpose of determining the payment due date and calculation of Interest, acceptance will be deemed to occur on the last day of the 7 -day Inspection period. tf the work or service is rejected for failure to conform to the technical requirements of the contract, the 7 days will be counted beginning with receipt of a new Invoice or notification. In either case, the Contractor is not entitled to any payment or interest unless actual acceptance by the Government occurs. (c) Interest Penalty. (1) An Interest penalty shall be paid automatically by the Government, without request from the Contractor, If payment Is not made by the due date. (2) The Interest penalty shall be at the rate established by the Secretary of the Treasury under Section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611) that is In effect on the day after the due date. This rate is referred to as the "Renegotiation Board Interest Rate," and it is published In the Federal Register semiannually on or about January 1 and July 1. The interest penalty shall accrue dallyy on the payment amount approved by the Government and be compounded In 30 -day Increments Inclusive from the first day after the due date through the (3) Payment date. nterest penalties will not continue to accrue after the filing of a claim for such penalties under the clause at 52.233.1, Disputes, or for more than 1 year. Interest penalties of less than $1.00 need not be paid. (4) Interest penalties are not required on payment delays due to disagreement between the Government and Contractor over the payment amount or other Issues Involving contract compliance or on amounts temporarily withheld or retained In accordance with the terms of the contract. Claims Involving disputes, and any Interest that may be payable, will be resolved in accordance with the clause at 52.233-1, Disputes. 23. 552.232-76 -ELECTRONIC FUNDS TRANSFER PAYMENT (SEP 1999) (Variation) (a) The Government will make payments under this lease by electronic funds transfer (EFT). After award, but no later than 30 days before the first payment, the Lessor shall designate a financial Institution for receipt of EFT payments, and shall submit this designation to the Contracting Officer or other Government official, as directed. (b) The Lessor shall provide the following Information: 1 The lease number to which this notice applies. 2 The American Bankers Association 9 -digit identifying number for wire transfers of the financing institution receiving payment if the Institution has access to the Federal Reserve Communications System. 3 Number of account to which funds are to be deposited. 4 Type of depositor account ("C" for checking,'S' for savings). 5 H the Lessor Is a new enrollee to the T system, a completed "Payment Information Form," SF 3881. (c) In the event the Lessor, during the performance of this contract, elects to designate a different financial Institution for the receipt of any payment made using EFT procedures, notification of such change and the required information specified in (b), above must be received by the appropriate Government official no later than 30 days prior to the date such change Is to become effective. (d) The documents furnishing the information required In this clause must be dated and contain the signature, title, and telephone number of the Lessor or an authorized representative designated by the Lessor, as well as the Lessor's name and lease number. (e) Lessor failure to properly designate a financial Institution or to provide appropriate payee bank account information may delay payments of amounts otherwise properly due. INITIALS: & LESSOR GOVERNMENT GSA FORM 35178 PAGE 0 (REV 9199) Lau Powers - 3517 oc Page 10 24. 552.232-70 - INVOICE REQUIREMENTS (VARIATION) (SEP 1999) (This clause applies to payments other than rent.) (a) Invoices shall be submitted In an original only, unless otherwise specified, to the designated billing office specified In this contract or order. (b) Invoices must Include the Accounting Control Transaction (ACT) number provided below or on the order. ACT Number (to be supplied on Individual orders) (c) If information or documentation In addition to that required by the Prompt Payment clause of this contract Is required In connection with an Invoice for a particular order, the order will Indicate what Information or documentation must be submitted. 25. 52.232-23 - ASSIGNMENT OF CLAIMS (JAN 1986) (a) The Contractor, under the Assignment of Claims Act, as amended, 31 USC 3727, 41 USC 15 (hereafter referred to as the "the Act"), may assign its rights to be paid amounts due or to become due as a result of the performance of this contract to a bank. trust company, or other financing Institution, Including any Federal lending agency. The assignee under such an assignment may thereafter further assign or reassign Its right under the original assignment to any type of financing institution described in the preceding sentence. (b) Any assignment or reassignment authorized under the Act and this clause shall cover all unpaid amounts payable under this contract, and shall not be made to more than one party, except that an assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in the financing of this contract. (c) The Contractor shall not furnish or disclose to any assignee under this contract any classified document (Including this contract) or Informatlon related to work under this contract until the Contracting Officer authorizes such action in writing. 26. 552.270-20 -PAYMENT (SEP 1999) (VARIATION) (a) When space is offered and accepted. the ANSUBOMA Usable square footage delivered will be confirmed by: (1) the Government's measurement of plans submitted by the successful Offeror as ap��raved by the Government, and an Inspection of the space to verify that the delivered space is In conformance with such plans or (2) a mutual on-slte measurement of the space, if the Contracting Officer determines that it is necessary. (b) Payment will not be made for space which Is In excess of the amount of ANSUBOMA Usable square footage stated In the lease. (c) If it Is determined that the amount of ANSUBOMA Usable square footage actually delivered Is less than the amount agreed to In the lease, the lease will be modified to reflect the amount of Usable space delivered and the annual rental will be adjusted as follows: Usable square feet not delivered multiplied by the ANSUBOMA Usable square foot (USF) rate equals the reduction in annual rent. The rate per USF is determined by dividing the total annual rental by the Usable square footage set forth In the lease. USF Not Delivered X Rate per USF = Reduction In Annual Rent. 27. 552.203-5 -COVENANT AGAINST CONTINGENT FEES (FEB 1990) (a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty the Government shall have the right to annul this contract without liability or, in ifs discretion, to deduct from the contract price or consideration, or otherwise recover INITIALS: 6 LESSOR GOVERNMENT GSA FORM 35178 PAGE 10 (REV 9199) Lou Powers - 39176.doc Page 11 low the full amount of the contingent fee. (b) "Bona fide agency," as used In this clause, means an established commercial or selling agency (including licensed real estate agents or brokers), maintained by a Contractor for the purpose of securing business, that neither exerts norroposes to exert improper Influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper Influence. "Bona fide employee," as used in this clause, means a person, employed by a Contractor and subject to the Contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper Influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper Influence. "Contingent fee," as used In this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract "improper influence " as used in this clause, means any influence that induces or tends to Induce a Gtovernment employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter. 28. 52.203-7 -ANTI-KICKBACK PROCEDURES (JUL 1995) (Aplies to leases which exceed $100,000 average net annual rental, including option periods. (a) Definitions. "Kickback," as used In this clause, means any money, fee, commission, credit, gift, Fthing of value, or compensation of any kind which Is provided, directly or Indirectly, to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment In connection with a prime contract or In connection with a subcontract relating to a prime contract. "Person," as used In this clause, means a corporation,partnership, business association of any kind, trust, joint-stock company, or Individual. "Prime contract," as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind. "Prime Contractor," as used In this clause, means a person who has entered into a prime contract with the United States. "Prime Contractor employee," as used In this clause, means any officer, partner, employee, or agent of a prime Contractor. "Subcontract," as used in this clause, means a contract or contractual action entered Into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract. "Subcontractor," as used in this clause, (1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and i2) Includes any person who offers to furnish or furnishes general supplies to thhe prime Contractor or a higher tier subcontractor. "Subcontractor employee," as used In this clause, means any officer, partner, employee, or agent of a subcontractor. (b) 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 INITIALS: 8 LESSOR GOVERNMENT GSA FORM 35178 PAGE 11 (REV 9199) Fou Powers - T51_7_Faoc Ah A& Page 12 (3) Including, directly or Indirectly, the amount of any kickback In the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor. (c) (1) The Contractor shall have inpplace and follow reasonable procedures designed to prevent and detect posslble violations described in paragraph (b) of this clause In Its own operations and direct business relationships. (2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency If the agency does not have an inspector general, or the Department of Justice. (3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described In paragraph (b) of this clause. (4) The Contracting Officer mayy (I] offset the amount of the kickback against any monies owed by the United States under the prime contract andfor (ii) direct that the Prime Contractor withhold from sums owed a subcontractor under the prime contract, the amount of the kickback. The Contracting Officer may order that monies withheld under subdivision (c)(4)(II) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c){4)(i) of this clause. In the either case, the Prime Contractor shall noti%the Con act ng Officer when the mon les are withheld. (5) The ontractor agrees to Incorporate the substance of this clause, including subparagraph (c)(5) but exceptin subparagraph (c)(1), In all subcontracts under this contract which exceed 500,000. 29. 52.223-6 DRUG-FREE WORKPLACE (JAN 1997) (a) Definitions. As used In this clause -- "Controlled substance" means a controlled substance In schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined in regulation at 21 CFR 1308.11 -1308.15. "Conviction" means a finding of guilt (including a plea of nolo contendere) or Imposition of sentence, or both, by any judicial body charged with the responsibility to deter -mine violations of the Federal or State criminal drug statutes. "Criminal drug statute" means a Federal or non -Federal criminal statute involving the manufacture, distribution, dispensing, possession, or use of any controlled substance. "Drug-free workplace" means the site(s) for the performance of work done by the Contractor In connection with a specific contract at which employees of the Contractor are prohibited from en aging In the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance. "Employee" means an employee of a Contractor directly engaged in the performance of work under a Government contract "Directly engaged" Is defined to include all direct cost employees and any other Contractor employee who has other than a minimal Impact or Involvement in contract performance. "Individual" means an offeror/contractor that has no more than one employee Including the offeror/contractor. (b) The Contractor, if other than an Individual, shall-- within 30 days after award (unless a longer period Is agreed to In writing for contracts of 30 days or more performance duration), or as soon as possible for contracts of less than 30 days performance duration -- (1) Publish a statement notifying Its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited In the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establish an ongoing drug-free awareness program to inform such employees about -- INITIALS 8 LESSOR GOVERNMENT GSA FORM 35178 PAGE 12 (REV 9M) Lou Powers 3517b. oc-_ w Page 13 jljjThe dangers of drug abuse in the workplace; i The Contractor's policy of maintaining a drug-free workplace; II} Any available drug counseling, rehabilitation, and employee assistance programs; and (hr) The penalties that may be Imposed upon employees for drug abuse violations occurring In the workplace, (3) Provide all employees engaged in performance of the contract with a copy of the statement required by subparagraph (b (1) of this clause; (4) Notify such employees In writing in the statement required by subparagraph (b )( ) of this clause that, as a condition of continued employment on this contract, the employee will— (I) Abide by the terms of the statement; and I) Notify the employer In writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 days after such conviction. (5) Notify the ContractingOfficer In writing within 10 days after receiving notice under subdivision (b)4)(li) of this clause, from an employee or otherwise receiving actual notice of such conviction. The notice shall Include the position title of the employee; (6) Within 30 days after receiving notice under subdivision (b)(4)(li) of this clause of a conviction, take one of the following actions with respect to any employee who Is convicted of a drug abuse violation occurring In the workplace: (1) Taking appropriate personnel action against such employee, up to and Including termination; or (11) Require such employee to satisfactorily participate In a drug abuse assistance or rehabilitation program approved for such purposes by a Federal. State, or local health, law enforcement, or other appropriate agency; and (7) Make a good faith effort to maintain a drug-free worklace through Implementation of subparagraphs (b)(1) though (b)(6f of this clause. (c) The Contractor, If an individual, a8rees by award of the contract or acceptance of a purchase order, not to engage In the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance while performing this contract. (d) In addition to other remedies available to the Government, the Contractors failure to comply with the requirements of paragraph (b) or (c) of this clause may, pursuant to FAR 223.506, render the Contractor subject to suspension of contract payments, termination of the contract for default, and suspension or debarment. 30. 552.203-70 -PRICE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (SEP 1999) (Applies to leases which exceed $100,000.) (a) If the head of the contracting activittyy (HCA) or his or her designee determines that there was a violation of subsection 27(a) of the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 423), as Implemented In the Federal Acquisition Regulation, the Govemment, at its election, may— (1) Reduce the monthly rental under this lease by 5 percent of the amount of the rental for each month of the remaining term of the lease, Including any option periods, and recover 5 percent of the rental already paid; (2) Reduce payments for alterations not Included In monthly rental payments by 5 percent of the amount of the alterations agreement; or (3) Reduce the payments for violations by a Lessors subcontractor by an amount not to exceed the amount of profit or fee reflected in the subcontract at the time the subcontract was placed. (b) Prior to making a determination as set forth above, the HCA or designee shall provide to the Lessor a written notice of the action being considered and the basis therefor. The Lessor shall have a period determined by the agency head or designee, but not less than 30 calendar days after receipt of such notice, to submit in person, In writing, INITIALS: A LESSOR GOVERNMENT GSA FORM 35178 PAGE 13 (REV 9199) Lou Powers - 3517b.doc Page 14 or through a representative, Information and argument In opposition to the proposed reduction. The agency head or designee may, upon good cause shown, determine to deduct less than the above amounts from payments. (c) The rights and remedies of the Government specified herein are not exclusive, and are In addition to any other rights and remedies provided by law or under this lease. 31. 52.215-10 - PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (OCT 1997) (Applies when cost or pricing data are required for work or service exceeding $500,000.) (a) If any price, including profit or fee, negotiated in connection with this contract, or any cost reimbursable under this contract, was Increased by any significant amount because— (1) The Contractor or a subcontractor furnished cost or pricing data that were not complete, accurate, and current as certified in its Certificate of Current Cost or Pricing Data; (2) A subcontractor or prospective subcontractor furnished the Contractor cost or pricing data that were not complete, accurate, and current as certified In the Contractor's Certificate of Current Cost or Pricing Data; or (3) Any of these parties furnished data of any description that were not accurate, the price or cost shall be reduced accordingly and the contract shall be modified to reflect the reduction. (b) Any reduction in the contract Price under paragraph (a) of this clause due to defective data from a prospective subcontractor that was not subsequently awarded the subcontract shall be limited to the amount, plus applicable overhead and profit markup, by which (1) the actual subcontract or (22) the actual cost to the Contractor, if there was no subcontract, was less than the prospective subcontract cost estimate submitted by the Contractor; provided, that the actual subcontract price was not Itself affected by defective cost or pricing data. (c) (1) If the Contracting Officer determines under paragraph (a) of this clause that a frice or cost reduction should be made, the Contractor agrees not to raise the ollowing matters as a defense: (1) The Contractor or subcontractor was a sole source supplier or otherwise was in a superior bargaining position and thus the price of the contract would not have been modlfled even If accurate, complete, and current cost or pricing data had been submitted. (li) The Contracting Officer should have known that the cost or pricing data in Issue were defective even though the Contractor or subcontractor took no affirmative action to bring the character of the data to the attention of the Contracting Officer. (III) The contract was based on an agreement about the total cost of the contract and there was no agreement about the cost of each Item procured under the contract. (iv) The Contractor or subcontractor did not submit a Certificate of Current Cost or Pricing Data. (2) (1) Except as prohibited by subdivision (c) 2)(Ii) of this clause, an offset In an amount determined appropriate by the Contracting Officer based upon the facts shall be allowed against the amount of a contract price reduction if– (A) The Contractor certifies to the Contracting Officer that, to the best of the Contractors knowledge and belief, the Contractor is entitled to the offset In the amount requested; and (B) The Contractor proves that the cost or pricing data were available before the "as of date specified on Its Certificate of Current Cost or Pricing Data, and that the data were not submitted before such date. (11) An offset shall not be allowed If– (A) The understated data were known by the Contractor to be understated before the "as of' date specified on its Certificate of Current Cost or Pricing Data; or (B) The Government proves that the facts demonstrate that the contract price would not have increased in the amount to be offset even if the available data had been submitted before the "as of date specified on Its Certificate of Current Cost or Pricing Data. (d) If any reduction In the contract price under this clause reduces the price of items for INinAL& a LESSOR GOVERNMENT GSA FORM 35176 PAGE 14 (REV 9/69) E Lou Powers - 3517b.doc ., r Page 15 which payment was made prior to the date of the modification reflecting the price reduction, the Contractor shall be liable to and shall pay the United States at the time such overpayment is repaid— (1) Simple Interest on the amount of such overpayment to be computed from the date(s) of overpayment to the Contractor to the date the Government is repaid by the Contractor at the applicable underpayment rate effective for each quarter prescribed by the Secretary of the Treasury under 26 U.S.C. 6621(al(2); and (2) A penalty equal to the amount of the overpayment, If the Contractor or subcontractor knowingly submitted cost or pricing data that were incomplete, Inaccurate, or noncurrent. 32. 552.270-13 -PROPOSALS FOR ADJUSTMENT (SEP 1999) (a) The Contracting Officer may, from time to time during the term of this lease, require charges to be made in the work or services to be performed and in the terns or conditlons of this lease. Such changes will be required under the Changes clause. (b) H the Contracting Officer makes a change within the general scope of the lease, the Lessor shall submit. In a timely manner, an Itemized cost proposal for the work to be accomplished or services to be performed when the cost exceeds $100,000. The proposal, including all subcontractor work, will contain at least the following details -- (Z} Material quantities and unit costs; 2 Labor costs (Identified with specific item or material to be placed or operation to be performed, 3Equipment costs; 4 Worker's compensation and public liability Insurance; 5 Overhead; 6 Profit; and 7 Employment taxes under FICA and FUTA. (c) The following Federal Acquisition Regulation (FAR) provisions also apply to all proposals exceeding $500,000 in cost — (1) The Lessor shall provide cost or pricing data Including subcontractor cost or pricing data (48 CFR 15.403-4) and (2) The Lessors representative, all Contractors, and subcontractors whose portion of the work exceeds $500,000 must sign and return the "Certificate of Current Cost or Pricing Data" (48 CFR 15.406-2). (d) Lessors shall also refer to 48 CFR Part 31, Contract Cost Principles, for information on which costs are allowable, reasonable, and allocable In Government work. 33. 552.270-14 -CHANGES (SEP 1999) (VARIATION) (a) The Contracting Officer may at any time, by written order, make changes within the general scope of this lease In any one or more of the following: 1 Specifications (Including drawings and designs); 2 Work or services; 3 Facilities or space layout; or 4 Amount of space, provided the Lessor consents to the change. (b) If any such change causes an increase or decrease In Lessor's cost of or the time required for performance under this lease, whether or not changed by the order the Contracting Officer shall modify this lease to provide for one or more of the following: 1 A modification of the delivery date; 2 An equitable adjustment In the rental rate; 3 A lump sum equitable adjustment; or 4 An equitable adjustment of the annual operating costs per ANSIIBOMA Usable square foot specified in this lease. (c) The Lessor shall assert its right to an adjustment under this clause within 30 days from the date of receipt of the change order and shall submit a proposal for adjustment. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing In this clause shall excuse the lessor from proceeding with INITIALS: E LESSOR GOVERNMENT GSA FORM 35178 PAGE 15 (REV 9188) Lou Powers - 3517b. Page 16 the change as directed. (d) Absent such written change order, the Government shall not be liable to Lessor under this clause. 34. 552.215-70 - EXAMINATION OF RECORDS BY GSA (FEB 1996) The Contractor agrees that the Administrator of General Services, or any duly authorized representative shall, until the expiration of 3 years after final payment under this contract, or of the time periods for the particular records specified in Subpart 4.7 of the Federal Acquisition Regulation (48 CFR 4.7), whichever expires earlier, have access to and the right to examine any books, documents, papers, and records of the Contractor Involving transactions related to this contract or compliance with any clauses thereunder. The Contractor further agrees to Include In all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the Administrator of General Services, or any duly authorized representatives shall, until the expiration of 3 years after final payment under the subcontract, or of the time periods for the particular records specified In Subpart 4.7 of the Federal Acquisition Regulation (48 CFR 4.7), whichever expires earlier, have access to and the right to examine any books, documents, papers, and records of such subcontractor, Involving transactions related to the subcontract or compliance with any clauses thereunder. The term "subcontract" as used In this clause excludes(a) Purchase orders not exceeding $100,000 and (b) subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public. 35. 52.215-2 -AUDIT AND RECORDS—NEGOTIATION (JUN 1999) (a) As used In this clause, "records" includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are In written form, In the form of computer data, or In any other form. (b) Examination of costs. If this Is a cost -reimbursement, Incentive, time -and -materials, tabor -hour, or price redeterminable contract, or any combination of these, the Contractor shall maintain and the Contracting Officer, or an authorized representative of the Contracting Officer, shall have the right to examine and audit all records and other evidence sufficient to reflect properly all costs claimed to have been incurred or anticipated to be Incurred directly or indirectly In performance of this contract. This right of examination shall Include Inspection at all reasonable times of the Contractor's plants, or parts of them, engaged In performing the contract. (c) Cost or pricing data. If the Contractor has been required to submit cost or pricing data in connection with any pricing action relating to this contract, the Contracting Officer, or an authorized representative of the Contracting Officer, in order to evaluate the accuracy, completeness. and currency of the cost or pricing data, shall have the right to examine and audit all of the Contractor's records, including computations and projections, related to - 1 The proposal for the contract, subcontract, or modification; 2 The discussions conducted on the proposal(s), Including those related to negotiating; 1 3 Pricing of the contract, subcontract, or modificatlon; or 41 Performance of the contract, subcontract or modification. (d) Comptroller General— (1) The Comptroller General of the United States, or an authorized representative, shall have access to and the right to examine any of the Contractor's directly Pertinent records Involving transactions related to this contract or a subcontract hereunder. (2) This paragraph may not be construed to require the Contractor or subcontractor to create or maintain any record that the Contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) Reports. If the Contractor Is required to furnish cost funding, or performance reports, the Contracting Officer or an authorized representative of the Contracting Officer shall have the right to examine and audit the supporting records and materials, for the purpose of evaluating— (1) The effectiveness of the Contractor's policies and procedures to produce data INITIALS: b LESSOR GOVERNMENT GSA FORM 35178 PAGE 16 (REV 9199) Lou Powers - 3517b.doc Page 17 compatlble with the objectives of these reports; and (2) The data reported. (f) Availability. The Contractor shall make available at Its office at all reasonable times the records, materials, and other evidence described in paragraphs (a), (b), O, (d), and (e) of this clause, for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified In Subpart 4.7, Contractor Records Retention, of the Federal Acquisition Regulation (FAR), or for any longer period required by statute or by other clauses of this contract. In addition— (1) tf this contract is completely or partially terminated, the Contractor shall make available the records relating to the work terminated until 3 years after any resulting final termination settlement- and (2) The Contractor shall make available records relating to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved. (g) The Contractor shall Insert a clause containing all the terms of this clause, Including this paragra h (g), In all subcontracts under this contract that exceed the simplified acquisition threshold, and— (1) That are cost -reimbursement. incentive, time -and -materials, labor -hour, or price- redeterminable type or any combination of these; 2 For which cost or pricing data are required; or 3 That recluire the subcontractor to furnish reports as discussed in paragraph (e) of this ause. The clause may be altered only as necessary to Identify properl the contracting parties and the Contracting Officer under the Government prime contract. 36. 52.233-1 - DISPUTES (DEC 1998) (a) This contract is subject to the Contract Disputes act of 1978, as amended (41 U.S.G. 601-613 (b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause. (c) "Claim," as used In this clause, means a written demand or written assertion by one of the contractin partles seeking, as a matter of right, the payment of money in a sum certain, the adjustment or Interpretation of contract terms, or other relief arising under or relating to is contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding$100,000 Is not a claim under the Act until certified as required by subparagraph (d(2) of this clause. A voucher, Invoice, or other routine request for payment that is not in dispute when submitted Is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if It Is disputed either as to liability or amount or Is not acted upon In a reasonable time. (d) (1) A claim by the Contractor shall be made In writing and, unless otherwise stated In this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer. (2) (1) The Contractor shall provide the certification specified In paragraph (d)(2)(lii)) of this clause when submitting any claim exceeding $100,000. (li) The certification requirement does not apply to Issues In controversy that have not been submitted as all or part of a claim. (Iii) The certification shall state as follows: "I certify that the claim Is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government Is liable; and that I am duly authorized to certify the claim on behalf of the Contractor." (3) The certification may be executed by any person duly authorized to bind the INITIALS: b LESSOR GOVERNMENT GSA FORM 35178 PAGE 17 (REV utgg) Lou Powers - 3517b _doc ` Page 181 Contractor with respect to the claim. (e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor -certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made. (f) The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in the Act. (g) if the claim by the Contractor Is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative disputes resolution (ADR). if the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, In writing, of the Contractor's specific reasons for rejecting the offer. (h) The Government shall pay Interest on the amount found due and unpaid from (1) the date that the Contracting Officer receives the claim (certified if required); or 2 the date that payment otherwise would be due, If that date Is later, until the date of payment. With regard to claims having defective certifications, as defined In FAR 33.201, Interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided In the Act, which Is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6 -month period as fixed by the Treasury Secretary during the pendency of the claim. (1) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief claim, appeal, or action arising under the contract, and comply with any decision o{ the Contracting Officer. 37. 52.222-26 - EQUAL OPPORTUNITY (FEB 1999) (a) If, duringany 12-inonth period (Including the 12 months preceding the award of this contrac, the Contractor has been or Is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value In excess of $10,000, the Contractor shall comply with subparagraphs (b)(1) through (11) below. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause. (b) During performing this contract, the Contractor agrees as follows: (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. However, It shall not be a violation of this clause for the Contractor to extend a publicly announced preference In employment to Indians living on or near an Indian reservation, In connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR 60-1.5. (2) The Contractor shall take affirmative action to ensure the applicants are employed, and that employees are treated during em loyment, without regard to their race, color, religion, sex, or national origin. Th's shall Include, but not be limited to, (1) employment, (11) upgrading, (Ilq demotion, (Iv) transfer, (v recruitment or recruitment advertising, (vi)la o or termination, (vll) rates o pay or other forms of compensation, and viii selection for training, Including apprenticeship. (3) The Contractor shall post in conspicuous places available to employees and appllcants for employment the notices to be provided by the Contracting Officer that explain this clause. (4) The Contractor shall. In all solicitations or advertisements 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. (5) The Contractor shall send, to each labor union or representative of workers with which It has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice In conspicuous places available to employees and applicants for employment. INITIALS- a LESSOR GOVERNMENT GSA FORM 3517B PAGE 18 (REV 9199) Lou Powers - 3517b.doc Aoll AIIII&LPage 19 11W 1W (6) The Contractor shall comply with Executive Order 11246, as amended, and the rules regulations, and orders of the Secretary of Labor. (7) The contractor shall furnish to the contracting agency all information required by Executive Order 11246, as amended, and by the reales, regulations, and orders of the Secretary of Labor. Standard Form 100 (EEO -1), or any successor form, as prescribed in 41 CFR part 60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, aply to either the regional Office of Federal Contract Compliance Programs F(OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms (8) The Contractor shall permit access to its premises, during normal business hours, by thecontracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint Investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under Investigation and pertinent to compliance with Executive Order 11246, as amended, and rules and regulations that implement the Executive Order. (9) If the OFCCP determines that the Contractor is not In compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended In whole or In part and the Contractor may be declared Ineligible for further Govemment contracts, under the procedures authorized In Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies Invoked against the Contractor as provided In Executive Order 11246, as amended, the rules, regulations, and orders of the Secretary of Labor, or as otherwise provided by law. (10) The Contractor shall include the terms and conditions of subparagraph (b)(1) through 11) of this clause In every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of labor issued under Executive Order 11246, as amended, so that these terms and conditions Fill be binding upon each subcontractor or vendor. (11) The Contractor shall take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing these terms and conditions, Including sanctions for noncompliance; provided, that If the Contractor becomes involved In, or Is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the Interests of the United States. (c) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR 60-1.1. 38. 52.222-21 — PROHIBITION OF SEGREGATED FACILITIES (FEB 1999) (a) "Segregated facilities," as used in this clause, means any waiting rooms work areas. rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral policies i or employee custom. The term does not include separate or single -user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (b) The Contractor agrees that it does not and will not maintain or provide for Its employees any segregated facilities at any of its establishments, and that It does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract. (c) The Contractor shall Include this clause In every subcontract and purchase order that isissubject to the Equal Opportunity clause of this contract. 39. 52.222-35 - AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (APR 1998) (DEVIATION) (a) Definitlons. "Appropriate office of the State employment service system," as used in this clause, means INITIALS: a LESSOR GOVERNMENT GSA FORM 35170 PAGE 19 (REV 9M) Lou Powers - 35 7 oc Page 20 the local office of the Federal -State national system of public employment offices with assigned responsibility for serving the area where the employment opening is to be filled, Including the District of Columbia, Guam, Puerto Rico, and the Virgin Islands. "Positions that will be filled from within the Contractor's organization," as used in this clause, means employment openings for which no consideration will be given to persons outside the Contractor's organization (including any affiliates, subsidiaries, and the parent companies) and includes any openings that the Contractor proposes to fill from regularly establish "recall" lists. "Em loyment openings,. as used In this clause, includes full-time employment, temporary employment of over 3 days, and part-time employment, but does not include (1) executive and top management positions, (2) positions that will be filled from within the Contractors organization or under a customary and traditional employer -union Kirin% arrangement, or (3) openings In an educational Institution that are restricted to students of that institution. "Veteran of the Vietnam era" means a person who— Served on active duty for a period of more than 180 days, any part of which occurred between August 5, 1964, and May 7, 1975, and was discharged or released therefrom with other than a dishonorable discharge; or Was discharged or released from active duty for a service -connected disability If any part of such active duty was performed between August 5,1964, and May 7, 1975. (b) General. (1) Regarding any position for which the employee or applicant for employment is qualified, the Contractor shall not discriminate against the individual because the Individual is a disabled veteran or veteran of the Vietnam era. The Contractor agrees to take affirmative action to employ, advance In employment, and otherwise treat qualified disabled veterans and veterans of the Vietnam era without discrimination based upon their disability or veterans' status In all employment practices such as- 11Employment;Employymment; il� Upgrading; transfer; iv) Recruitment; v) Advertising; vi Layoff or termination; A 1 Rates of pay or other forms of compensation; and vii!} Selection for training, Including apprenticeship. (2) he Contractor agrees to comply wlth 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. (c) Listing openings. INITIALS. (1) The Contractor agrees to list all employment openings existing at contract award or occurring during contract performance, at an appropriate office of the State employment service system In the locality where the opening occurs. These openings Include those occurring at any contractor facility, including one not connected with performing this contract. An independent corporate affiliate Is exempt from this requirement. (2) State and local government agencies holding Federal contracts of $10,000 or more shall also list all their openings with the appropriate office of the State employment service. (3) The listing of employment openings with the State employment service system Is required at least concurrently with using any other recruitment source or effort and Involves the obligations of placing a bona fide job order, Including accepting referrals of veterans and nonveterans. This listing does not require hiring any particular job applicant or hiring from any particular group of job applicants and Is not intended to relieve the Contractor from any requirements of Executive orders or regulations concerning nondiscrimination in employment. (4} Whenever the Contractor becomes contractually bound to the listing terms of this clause, it shall advise the State employment service system, in each State where It has establishments, of the name and location of each hiring location in LESSOR GOVERNMENT GSA FORM 35178 PAGE 20 (REV 9199) Lou Powers - 3517b.doc AMIN&— - Page 21 j the State. As long as the Contractor Is contractually bound to these terms and has so advised the State system, It need not advise the State system of subsequent contracts. The Contractor may advise the State system when It Is no longer bound by this contract clause. (d) Applicability. (1) This clause does not applyy to the listing of employment openings which occur and are filled outside the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (2) The terms of paragraph (c) above of this clause do not apply to openings that the Contractor proposes to fill from within its own organization or under a customary and traditional employer -union hiring arrangement. This exclusion does not apply to a particular opening once an employer decides to consider applicants outside of Its own organization or employer -union arrangement for that opening. (e) Postings. (1) The Contractor agrees to post employment notices stating (i) the Contractor's obligation under the law to take affirmative action to employ and advance In employment qualified disabled veterans and veterans of the Vietnam era, and (Ii) the rights of applicants and employees. (2) These notices shall be posted In conspicuous places that are available to ebmployees and applicants for employment. They shall be In a form prescribed y e Director, Office of Federal Contract Compliance Programs, Department of Labor (Director), and provided by or through the Contracting Officer. (3) The Contractor shall notify each labor union or representative of workers with which It has a collective bargaining agreement or other contract understanding, that the Contractor Is bound by the terms of the Act, and Is committed to take affirmative action to employ, and advance In employment, qualified disabled veterans and veterans of the Vietnam era. (f) Noncompliance, if the Contractor 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 (g) Subcontracts. The Contractor shall Include the terms of this clause In every subcontract or purchase order of $10000 or more unless exempted by rules, regulations, or orders of the Secretary. Ne Contractor shall act as specified by the Director to enforce the terms, Including action for noncompliance. 40. 52.222-36 -AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998) (a) General. (1) Regarding any position for which the employee or applicant for employment is qualified, the Contractor shall not discriminate against any employee or applicant because of physical or mental disability. The Contractor agrees to take affirmative action to employ, advance In employment and otherwise treat qualified Individuals with disabilities without discrimination based upon their physical or mental dlsabllity In all employment practices such as - ((((11) Recrultment, advertising, and job application procedures; IQ Hlrtngg, upgrading, promotion, award of tenure, demotion, transfer, layoff, terminatfon, right of return from layoff, and rehiring; compensation; (Ili) Rates of pay or any other form of compensation and changes in (iv) Job assignments, job classifications, organizational structures, position descriptions lines of progression, and seniority lists; �v)) Leaves of absence, sick leave, or any other leave; vl) Fringe benefits available by virtue of employment, whether or not administered by the Contractor, (vii) Selection and financial support for training, including apprenticeships, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training (vili) Activities sponsored by the Contractor, Including social or recreational Frograms; and ix) Any other term, condition, or privilege of employment INITIALS: 8 LESSOR GOVERNMENT GSA FORM 35178 PAGE 21 (REV 91'99) Lou Powers - 3517b. ocAn�Page 22low (2) The Contractor 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. (b) Postings. (1) The Contractor agrees to post employment notices stating (i) the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified individuals with disabilities and (ii) the rights of applicants and employees. (2) These notices shall be posted In conspicuous Places that are available to employees and applicants for employment. The Contractor shall ensure that applicants and employees with disabilities are informed of the contents of the notice (e.g., the Contractor may have the notice read to a visually disabled Individual, or may lower the posted notice so that It might be read by a person In a wheelchair). The notices shall be in a form prescribed by the Deputy Assistant Secretary for Federal Contract Compliance of the U.S. Department of Labor (Deputy Assistant Secretary) and shall be provided by or through the Contracting Officer. (3) The Contractor shall notify each labor union or representative of workers with which It has a collective bargalning agreement or other contract understanding, that the Contractor Is bound by the terms of Section 503 of the Act and Is committed to take affirmative action to employ, and advance In employment, qualified Individuals with physical or mental disabilities. (c) Noncompliance. If the Contractor 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. (d) Subcontracts. The Contractor shall Include the terms of this clause in every subcontract or purchase order in excess of $2,500 unless exempted by rules, regulations, or orders of the Secretary. The Contractor shall act as specified by the Director to enforce the terms, Including action for noncompliance. 41. 52.222-37 - EMPLOYMENT REPORTS ON DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (JAN 1999) i (a) Unless the Contractor Is a State or local government agency, the Contractor shall report at least annually, as required by the Secretary of Labor, on: (1) The number of disabled veterans and the number of veterans of the Vietnam era In the workforce of the contractor by job category and hiring location; and (2) The total number of new employees hired during the period covered by the report, and of that total, the number of special disabled veterans, and the number of veterans of the Vietnam era. (b) The above Items shall be reported by completing the form entitled "Federal Contractor Veterans' Employment Report VETS -100." (c) Reports shall be submitted no later than September 30 of each year beginning September 30, 1988. (d) The employment activity report required by paragraph (a1(2) of this clause shall reflect total hires during the most recent 12 -month period as o the ending date selected for the employment profile report required by paragraph (a)(1) of this cause. Contractors may select an ending date: (1) As of the end ofanypay period during the period January through March 1 of the year the report Is due, or (2) as of December 31, if the Contractor has previous written approval from the Equal Employment Opportunity Commission to do so for purposes of submitting the Employer Information Report EEO -1 (Standard Form 100). (e) The count of veterans reported according to para raph (a) of this clause shall be .based on voluntary disclosure. Each Contractor sub�ect to the reporting requirements at 38 U.S.C. 4212 shall Invite all special disabled veterans and veterans of the Vietnam era who wish to benefit under the affirmative action program at 38 U.S.C. 4212 to identify themselves to the Contractor. The invitation shall state that the Information is voluntarily provided, that the information will be kept confidential, that disclosure or refusal to provide the Information will not subject the applicant or employee to any INITIALS', � LESSOR GOVERNMENT GSA FORM 351 TB PAGE 22 (REV 9199) Lou Powers - 3517b.doc Ah Page 23 adverse treatment, and that the Information will be used only in accordance with the regulations promulgated under 38 U.S.C. 4212. (f) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary. 42 52.209-6 - PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (AUG 1995) (a) The Government suspends or debars Contractors to protect the Government's interests. Contractors shall not enter into any subcontract in excess of the small purchase limitation at FAR 13.000 with a Contractor that has been debarred, suspended, or proposed for debarment unless there Is a compelling reason to do so. (b) The Contractor shall require each proposed first-tier subcontractor, whose subcontract will exceed the small purchase limitation at FAR 13.000, to disclose to the Contractor. In writing, whether as of the time of award of the subcontract, the subcontractor, or Its principals, is or is not debarred, suspended, or proposed for debarment by the Federal Government. (c) A corporate officer or designee of the Contractor shall notify the Contracting Officer, In writing, before entering Into a subcontract with a party that is debarred, suspended or proposed for debarment (See FAR 9.404 for information on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs). The notice must Include the following: (1) The name of the subcontractor, 2 The Contractor's knowledge of the reasons for the subcontractor being on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs; (3) The compelling reason(s) for doing business with the subcontractor notwtthstanding Its Inclusion on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs; (4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's Interests when dealing with such subcontractor In view of the specific basis for the party s debarment, suspenslon, or proposed debarment - 43. 52.215-12 - SUBCONTRACTOR COST OR PRICING DATA (OCT 1997) (Applies when the clause at FAR 52.215.10 is applicable.) (a) Before awarding any subcontract expected to exceed the threshold for submission of cost or pricing data at FAR 15.403-4, on the date of agreement on price or the date of award, which ever Is later; or before pricing any subcontract modification involving a pricing adjustment expected to exceed the threshold for submission of cost or pricing data at FAR 15.403-4, the Contractor shall require the subcontractor to submit cost or pricing data (actually or by specific identification in writing), unless an exception under FAR 15.403-1 applies. (b) The Contractor shall require the subcontractor to certify in substantially the form prescribed in FAR 15.406-2 that to the best of Its knowledge and belief, the data submitted under paragraph (al o? this clause were accurate, complete, and current as of the date of agreement on a negotiated price of the subcontract or subcontract modification. (c) In each subcontract that exceeds the threshold for submission of cost or pricing data at FAR 15.403-4, when entered Into, the Contractor shall insert either— (1) The substance of this clause, including this para raph (c), if paragraph (a) of this clause requires submission of cost or pricing data for thhe subcontract; or (2) The substance of the clause at FAR 52.215-13, Subcontractor Cost or Pricing Data — Modifications. 44. 52.219-8 - UTILIZATION OF SMALL, SMALL DISADVANTAGED AND WOMEN -OWNED SMALL BUSINESS CONCERNS (JUN 1997) INITIALS: d LESSOR GOVERNMENT GSA FORM 3517B PAGE 23 (REV 999) Lou Powers 3517b.doc Page 24 (Applies to leases which exceed $100,000 average net annual rental, Including option periods.) (a) it is the policy of the United States that small business concerns, small business concerns owned and controlled by social] and economically disadvantaged Individuals and small business concerns owned and controlled by women shall have the maximum practicable opportunity toparticlpate in performing contracts let by any Federal agency, Including contracts and subcontracts for subsystems, assemblies, components, and related services for major systems. It is further the policy of the United States that Its Prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns, small business concerns owned and controlled by socially and economically disadvantaged Individuals and small business concerns owned and controlled by women. (b) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance. The Contractor further agrees to cooperate in any studies or surveys as may be conducted by the United States Small Business Administration or the awarding agency of the United States as may be necessary to determine the extent of the Contractor's compliance with this clause. (c) As used In this contract, the term "small business concern" shall mean a small business as defined pursuant to section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto. The term "small business concern owned and controlled by social) and economically disadvantaged individuals" shall mean a small business concern (1) which is at least 51 percent unconditionally owned by one or more socially and economically disadvantaged Individuals; or, in the case of any publicly owned business, at least 51 per centum of the stock of which is unconditionally owned by one or more socially and economically disadvantaged Individuals; and (2) whose management and dailybusiness operations are controlled by one or more of such Individuals. This term also means a small business concern that Is at least 51 percent unconditionally owned by an economically disadvantaged Indian tribe or Native Hawaiian Organization, or a publicly owned business having at least 51 percent of Its stock unconditionally owned by one of these entities which "as Its management and daily business controlled by members of an economically disadvantaged Indian tribe or Native Hawaiian Organization, and which meets the requirements of 13 CFR 124. The Contractor shall presume that socially and economically disadvantaged individuals Include Black Americans, Hispanic Americans, Native Americans, Asian -Pact is Americans, Subcontinent Asian Americans, and other minorities, or any other Individual found to be disadvantaged by the Administration pursuant to section 8(al of the Small Business Act. The Contractor shall presume that socially and economically disadvantaged entities also include Indian Tribes and Native Hawaiian Organizations. (d) The term "small business concerns owned and controlled by women" shall mean a small business concern - i (1) Which hlIs at least 51 business percent owned y one or more women, or, In the case of any publicly 1 percent of the stock of which Is owned by i one or more women, and 1 (2) Whose management and dally business operations are controlled by one or i more women; and (e) Contractors acting In good faith may rely on written representations by their subcontractors regarding their status as a small business concem, a small business concern owned and controlled by socially and economically disadvantaged individuals or a small business concern owned and controlled by women. 45. 52.219-9 SMALL, SMALL DISADVANTAGED AND WOMEN -OWNED SMALL BUSINESS SUBCONTRACTING PLAN (AUG 1996) (Applies to leases which exceed $500,000.) i (a) This clause does not apply to small business concerns. (b) "Commercial product," as used In this clause, means a product In regular production that is sold In substantial quantities to the general public and/or Industry at INITIALS- a LESSOR GOVERNMENT GSA FORM 35178 PAGE 24 (REV 9]99) Lou Powers - 3517b.doc Page 25 established catalog or market prices. It also means a product which, In the opinion of the Contracting Officer, differs only Insignificantly from the Contractor's commercial product. "Subcontract," as used in this clause, means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor catling for supplies or services required for performance of the contract or subcontract. (c) The offeror, upon request by the Contracting Officer, shall submit and negotiate a subcontracting plan, where applicable, which separately addresses subcontracting with sm211 business concerns, with small disadvantaged business concerns and with women -owned small business concerns. If the offeror is submitting an individual contract plan, the plan must separately address subcontracting with small business concerns, small disadvantaged business concerns, and women -owned small business concerns with a separate part for the basic contract and separate parts for each option (if any). The Plan shall be included In and made a part of the resultant contract. The subcontracting plan shall be negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate the subcontracting plan shall make the offeror ineligible for award of a contract. (d) The offerors subcontracting plan shall include the following: INITIALS', (1) Goals, expressed In terms of Percentages of total planned subcontracting dollars, for the use of small business concerns, small disadvantaged business concerns and women -owned small business concerns as subcontractors. The offeror shall Include all subcontracts that contribute to contract performance, and may Include a proportionate share of products and services that are normally allocated as Indirect costs. (2) A statement of-- I] Total dollars planned to be subcontracted; Il Total dollars planned to be subcontracted to small business concerns; II) Total dollars planned to be subcontracted to small disadvantaged business concerns; and (iv) Total dollars planned to be subcontracted to women -owned small business concerns. (3) A description of the principal types of supplies and services to be subcontracted, and an Identification of the types planned for subcontracting to (i) small business concems, (11) small disadvantaged business concerns and (ill) women -owned small business concerns. (4) A description of the method used to develop the subcontracting goals In paragra h (d)(1) of this clause. (5) A description of the method used to Identfiy potentlal sources for solicitation purposes (e.g.. existing company source llsts, the Procurement Automated Source System (PASS) of the Small Business Administration, the National Minority Purchasing Council Vendor Information Service, the Research and Information Division of the Minority Business Development Agency In the Department of Commence, or. small, small disadvantaged and women -owned small business concems trade associations). A firm may rely on the Information contained In PASS as an accurate representation of a concern's size and ownership characteristics for purposes of maintaining a small business source list. A firm may rely on PASS as a small business source list. Use of the PASS as its source list does not relieve a firm of its responsibilities (e.g., outreach, assistance, counseling, publicizing subcontracting opportunities) in this clause. (6) A statement as to whether or not the offeror Included Indirect costs In establishing subcontracting goats, and a descrl tion of the method used to determine the proportionate share of Indirect cosh to be Incurred with (i) small business concerns, (II) small disadvantaged business concerns, and (iii) women -owned small business concerns. (7) The name of the individual employed by the offeror who will administer the offerors subcontracting program, and a description of the duties of the Individual. (S) A description of the efforts the offeror will make to assure that small, small disadvantaged and women -owned small business concems have an equitable opportunity to compete for subcontracts. (9) Assurances that the offeror will include the clause In this contract entitled "Utilization of Small Small Disadvantaged and Women -Owned Small Business Concerns" in all subcontracts that offer further subcontracting opportunities, LESSOR GOVERNMENT GSA FORM 35178 PAGE 25 (REV 9199) Lou Powers - 3517 oc Ah Page and that the offeror will require all subcontractorsexcept small business concerns) who receive subcontracts In excess of 500,000 ($7,000,000 for construction of any public facility) to adopt a plan similar to the plan agreed to by the offeror. (10) Assurances that the offeror will (1) cooperate In any studies or surveys as may be required, (ii) submit periodic reports in order to allow the Government to determine the extent of compliance by the offeror with the subcontracting plan, {til) submit Standard Form (SF) 294, Subcontracting Report for Individual Contracts, and/or SF 295, Summary Subcontract Report, in accordance with the instructions on the forms, and 7v) ensure that Its subcontractors 'agree to submit Standard Forms 294 and A. (11) A recitation of the types of records the offeror will maintain to demonstrate procedures that have been adopted to comply with the requirements and goals In the plan, Including establishing source lists; and a description of Its efforts to locate small, small disadvantaged and women -owned small business concerns and award subcontracts to them. The records shall Include at least the following (on a plant -wide or company -wide basis, unless otherwise indicated): 1) Source lists (e.g.. PASS), guides, and other data that identify small, small disadvantaged and women -owned small business concems. (ii) Organizations contacted In an attempt to locate sources that are small, small disadvantaged or women -owned small business concerns. (iii) Records on each subcontract solicitation resulting in an award of more than $100,000, Indicating (A) whether small business concerns were solicited and If not, why not, (B) whether small disadvantaged business concerns were solicited and if not, why not, 4C) whether women -owned small business concerns were solicited and f not, why not, and (D) if applicable, the reason award was not made to a small business concern. (Iv) Records of any outreach efforts to contact (A) trade associations, (B) business development organizations, and (C) conferences and trade fairs to locate small, small disadvantaged and women -owned small business sources. (v) Records of internal guldance and encouragement provided to buyers through (A) workshops, seminars, training, etc., and (B) monitoring performance to evaluate compliance with the program's re . rements. (vi) On a contract -by -contract basis, records to support award data submitted by the offeror to the Government, including the name, address, and business size of each subcontractor. Contractors having company or division -wide annual plans need not comply with this requirement. (e) In order to effectively Implement this plan to the extent consistent with efficient contract performance, the Contractor shall perform the following functions: (1) Assist small, small disadvantaged and women -owned small business concerns by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concerns. Where the Contractor's lists of potential small, small disadvantaged and women -owned small business subcontractors are excessively long, reasonable efforts shall be made to give all such small business concerns an opportunity to compete over a period of time. (2) Provide adequate and timely consideration of the potentialities of small, small disadvantaged and women -owned small business concerns In all "make -or -buy" decisions. (3) Counsel and discuss subcontracting opportunities with representatives of small, small disadvantaged and women -owned small business firms. (4) Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as small small disadvantaged or women - owned small business for the purpose of obtaining a subcontract that Is to be Included as part or all of a goal contained In the Contractor's subcontracting plan. (f) A master subcontracting plan on a plant or division -wide basis which contains all the elements required by paragraph (d of this clause except goals, may be incorporated by reference as a art of the subcontracting plan required of the offeror by this clause; provided, {1�the master plan has been approved, S2) the offeror ensures that the master plan Is updated as necessary and provides copies of the approved master plan, including evidence of Its approval, to the Contracting Officer, and (3) goals and any deviations from the master plan deemed necessary by the Contracting Officer to satisfy the requirements of this contract are set forth In the individual subcontracting INITIALS: LESSOR GOVERNMENT GSA FORM 35178 PAGE 26 (REV 9/99) Lou Powers - 3517b.doc AMEN,Page 27 plan. (g) (1) tf a commercial product Is offered, the subcontracting plan required by this clause may relate to the offerors production generally, for both commercial and noncommercial products, rather than solely to the Government contract. In these cases, the offeror shall, with the concurrence of the Contracting Officer, submit one company -wide or division -wide annual plan. (2) The annual plan shall be reviewed for approval by the agency awarding the offeror Its first prime contract requiring a subcontracting plan during the fiscal year, or by an agency satisfactory to the Contracting Officer. (3) The a proved plan shall remain in effect during the offerors fiscal year for all of the offerors commercial products. (h) Prior compliance of the offeror with other such subcontracting plans under previous contracts will be considered by the Contracting Officer in determining the responsibility of the offeror for award of the contract. (1) The failure of the Contractor or subcontractor to comply In good faith with (1) the clause of this contract entitled "Utilization of Small, Small Disadvantaged and Women - Owned Small Business Concerns," or (2) an approved plan required by this clause, shall be a material breach of the contract. 46 52.219-16 LIQUIDATED DAMAGES --SUBCONTRACTING PLAN (JAN 1999) (a) Failure to make a good faith effort to comply with the subcontracting plan, as used in this clause, means a willful or intentional failure to perform In accordance with the requirements of the subcontracting plan approved under the clause In this contract entitled "Small, Small Disadvantaged and Women -Owned Small Business Subcontracting Plan," or willful or Intentional action to frustrate the plan. (b) Performance shall be measured by applying the percentage goals to the total actual subcontracting dollars or, K a commercial plan Is Involved, to the pro rata share of actual subcontracting dollars attributable to Government contracts covered by the commercial plan. if, at contract completion or, in the case of a commercial plan, at the close of the fiscal year for which the plan Is aAplicable, the Contractor has failed to meet its subcontracting goals and the Contracting Officer decides In accordance with paragraph (c of this clause that the Contractor failed to make a good faith effort to comply with its subcontracting plan, established in accordance with the clause in this contract entitled "Small Business Subcontracting Plan," the Contractor shall pay the Government liquidated damages In an amount stated. The amount of probable damages attributable to the Contractors failure to comply shall be an amount equal to the actual dollar amount by which the Contractor failed to achieve each subcontract goal. (c) Before the Contracting Officer makes a final decision that the Contractor has failed to make such ood faith effort, the Contracting Officer shall give the Contractor written notice spec Ing the failure and permitting the Contractor to demonstrate what good faith effortsEve been made and to discuss the matter. Failure to respond to the notice may be taken as an admission that no valid explanation exists. If, after consideration of all the pertinent data, the Contracting Officer finds that the Contractor failed to make a good faith effort to comply with the subcontracting plan, the Contracting Officer shall Issue a final decision to that effect and require that the Contractor pay the Government liquidated damages as provided In paragraph (b) of this clause. (d) With respect to commercial products plans; i.e. company -wide or division -wide subcontracting plans approved under paragraph (g) of the clause in this contract entitled "Small, Small Disadvantaged and Women -Owned Small Business Subcontracting Plan," the Contracting Officer of the agency that originally approved the plan will exercise the functions of the Contracting Officer under this clause on behalf of all agencies that awarded contracts covered by that commercial products plan. (e) The Contractor shall have the right of appeal, under the clause In this contract entitled Disputes, from any final decision of the Contracting Officer. (f) Liquidated damages shall be in addition to any other remedies that the Government may have. INITIALS a LESSOR GOVERNMENT GSA FORM 3517B PAGE 27 (REV 9199) I. -C-6 u Powers - 351 b.doC : - g q 47. 552.243-71 - RESTRICTION ON ADVERTISING (VARIATION) (SEP 1999) The Contractor shall not refer to this contract In commercial advertising or similar promotions In such a manner as to state or Imply that the product or service provided is endorsed or preferred by the White House, the Executive Office of the President, or any other element of the Federal Government, or Is considered by these entities to be superior to other products or services. INITIALSd LESSOR GOVERNMENT GSA FORM 35176 PAGE 28 (REV 9199) United Stat" Forst Pacific P. O. Boz 3623 y Department of Service Northwest Portland, OR 97208-3623 Agriculture Region 333 S. W. First Avenue Portland, OR 97204 File Code: 6440-3-1 Date: April 12, 2000 Route To: Subjeet: Lease Review Airbase Operations Site, Lake County Fremont National Forest o TI- To: `To: Director, Acquisition Management -WO t\9' This justification is for an unimproved lease site under 2250(x) authority for air base operations for the Fremont National Forest in Lake County, Lakeview, Oregon. An existing lease, SF -2, for approximately 2 plus acres of land was established March 15, 1985. The 2 plus acres have gradually expanded to the current 6.31 acres through a number of means, but was never surveyed until this year. The current lease includes a January 1984 memo from the Forest AO to the Regional Forester; "to continue with the lease we have #004922". From this memo we believe a lease for the property was established prior to the current 1985 date. No further documents could be found. The SF -2 lease of March 1985, has no indication that it was established under the 2250(a) authority. This lease expires in June 2000. The land is owned by the Lake County Board of Commission, Lakeview, Oregon. The improvements on the property made over the years have been funded and maintained by the Forest Service. It is our intention to incorporate the existing site into a new lease under the 2250(a) authority for a period of twenty years with options for renewal. It is in the Government's interest to execute a lease for the subject property. In accordance with 104-18-5003(b) the following information is provided. (l) Establish Fair Markel Value. The lease cost is consistent with other airbase operations in Region 6 and is less than one half the price commercial lessors are paying currently at the Lake County Airport. Our prior lease with Lake County was a nominal payment that did not reflect the amount of land we are utilizing. (2) Legal description. The legal description is as follows; beginning at the corner sections 29, 30, 31, and 32, T.39S., R.20 E., which is Lake County Surveyor's brass cap mounted on an iron pipe, thence N. 60°07'04" W.,3,448.0 feet distance to an iron rod, 30 inches long, '/Z inch diameter, with a 2 inch diameter aluminum cap stamped PLS 2749, and the true point of beginning, thence N. 69°40'45"W., 757.1 feet distance to an iron rod, 30 inches long, '/z inch diameter, with a 2 inch diameter aluminum cap stamped PLS 2749, thence N. 17T., 185.5 feet distanceto an iron rod, 30 inches long, '/s inch diameter, with a 2 inch diameter aluminum cap stamped PLS 2749, from which an iron rod, 30 inches long, '/2 inch diameter, with a 2 inch diameter aluminum cap stamped PLS 2749, bears N. 17°05'24" E., 53.8 feet distance, thence N. M CA • Director, Acquisition Management Request for Lease Authority • page 2 69033'03" W., 138.4 feet distance to a brass cap with punch mark, mounted on a 2 inch iron pipe, thence N. 20°21'20" E., 310.1 feet distance toa a brass capwith punch mark, mounted on a 2 inch pipe encased in concrete, thence S. 69037'36" E., 375.0 feet distance to a spike buried in the taxiway apron, thence S. 20'20'15" W., 85.0 feet distance to a % inch iron pipe encased in concrete, thence S. 69°22'49" E., 64.9 feet distance to a 3/. inch iron pipe encased in concrete, fron which and iron rod, 518 inch diameter bears S. 20°19'53" W., 9.1 feet distance, thence S. 20°21'51" W., 136.4 feet distance and contiguous with a parcel described on Record Of Survey No. 4384 for Lake County -Lakeview Airport & Rent -A -Plane Inc. to an iron rod 518 inch diameter, thence S. 20°20'55" W., 37.1 feet distance to an iron rod, 30 inches long, '/2 inch diameter, with a 2 inch diameter aluminum cap stamped PLS 2749 from which a brass cap with punch mark, mounted on an iron post, bears S. 20°21'39" W., 51.9 feet distance, thence S. 69012'42" E., 228.4 feet distance to an iron rod, 30 inches long, '/2 inch diameter, with a 2 inch diameter aluminum cap stamped PLS 2749, thence S. 69° 12'42" E., 24.8 feet distance to a point, thence along a simple curve to the right; whose long cord bears S. 42'33'16" E., 74.0 feet distance, a delta angle of 53'18'5 1" right, a radius of 82.51 feet, to an iron rod, 30 inches long, '/2 inch diameter, with a 2 inch diameter aluminum cap stamped PLS 2749, thence S. 1553'51" E., 248.7 feet distance to the true point of beginning. Said parcel contains 6.31 acres more or less. (3) Estimated Cost. Net Annual Rent (NAR) will be incrementally increase over the next three years until the rent base is $10,000.00 annually plus an escalation factor similar to the CPI. The rate for the first year is $2500.00. (4) Use of property and progam for which it is to be used Airbase and Helibase operations in support of the Fremont National Forest and Interagency Agreement with the Bureau of Land Management as well as the needs of Region 6 Fire and Aviation.. (5) Funds and source. Funds are from current year appropriations_ Fund code: PRPJ02. (6) Relationship of property to other facilities of the agency; region as applicable. The property has been used by the Fremont National Forest and Region 6 since the 1970's as an Air Tanker reload base of operations. The underground retardant tanks have been removed and restoration of the site to meet current EPA standards is almost completed. The property currently has FS improvements including a helipad, office space, well, well house, and a secured fence holding yard for equipment and property. Additional improvements will be made under the new lease to include a second helibase pad, office space and shower facility. (7) Description of other real property owned or controlled in the immediate vicinity by other agencies of this Department. None other than those within the boundries Fremont National Forest and the Bureau of Land Management under an Interagency Agreement, Director, Acquisition Management page 3 Request for Lease Authority (8) Certification that there are no other properties in Government Ownership suitable for this purpose. It is hereby certified that this site is the only site accessible, available, and within the criteria to meet current and future air operation needs for the Fremont National Forest and the Interagency agreement with the Bureau of Land Management. Please contact Susan Sepulveda at (503) 808-2383 if you have any further questions. M, W. WOLFE Director Procurement & Property Mgmt. enclosure cc: jbiren/wo rgibbs/r6pnw, Fremont LEASE BETWEEN LAKE COUNTY BOARD OF COMMISSIONERS Lakeview, Oregon and U. S. DEPARTMENT OF AGRICULTURE FOREST SERVICE Pacific Northwest Region Portland, Oregon Date of Lease: July 1, 2000 This lease No. 57-04HI-0-0220 is by and between the United States of America, under authority of Sec. 1, Act of August 4, 1965; 79 Stat. 431; 7 U.S.C. 2250(a), acting by and through the Contracting Officer, United States Department of Agriculture, Forest Service, Pacific Northwest Region, hereinafter referred to as "FOREST SERVICE" and the Lake County Boaard of Commissioners, hereinafter referred to as "LAKE COUNTY." Lake County is owner in Fee Simple of the property being leased. WITNESSETH WHEREAS, it is necessary for FOREST SERVICE to maintain an airbase operation at The Lake County Airport in Lake County. WHEREAS, it is advantageous to have the airbase operation located on the LAKE COUNTY property. NOW, THEREFORE, the parties hereto, FOREST SERVICE AND LAKE COUNTY, in consideration of the covenants and conditions set forth, do hereby agree as follows: ARTICLE I CONVEYANCE OF INTEREST 1.01 LAKE COUNTY leases to the FOREST SERVICE the real property described in Section 2.01 herein for the term stated in Section 6.01 (twenty years beginning on July 1, 2000 and ending on June 30, 2019) with three ten year options to renew. 1.02 FOREST SERVICE, and it's designated representatives, will be granted year long ingress and egress to the airbase operation via the existing roads that runs through LAKE COUNTY property. The FOREST SERVICE has/will examine the roads and is familiar with them, and accepts same in their present condition. LAKE. COUNTY CORPORATION - U.S. FOREST SERVICF. LEASE n0. 57-04H1-0-0220 Page 1 of 7 Pages mvised V30101 0 ARTICLE Q DESCRIP'T'ION OF AREA 2.01 The airbase operation site is located on a parcel of land consisting of approximately 6.31 acres in Lake County. The legal description of the LAKE COUNTY site is as follows; beginning at the corner sections 29, 30, 31, and 32, T.39S., R.20 E., which is Lake County Surveyor's brass cap mounted on an iron pipe, thence N. 60°07'04" W.,3,448.0 feet distance to an iron rod, 30 inches long, '/2 inch diameter, with a 2 inch diameter aluminum cap stamped PLS 2749, and the true point of beginning, thence N. 69°40'45"W., 757.1 feet distance to an iron rod, 30 inches long, '/2 inch diameter, with a 2 inch diameter aluminum cap stamped PLS 2749, thence N. 17°E., 185.5 feet distanceto an iron rod, 30 inches long, '/2 inch diameter, with a 2 inch diameter aluminum cap stamped PLS 2749, from which an iron rod, 30 inches long, '/2 inch diameter, with a 2 inch diameter aluminum cap stamped PLS 2749, bears N. 17°05'24" E., 53.8 feet distance, thence N. 69033'03" W., 138.4 feet distance to a brass cap with punch mark, mounted on a 2 inch iron pipe, thence N. 20°21'20" E., 3 10. 1 feet distance toa a brass capwith punch mark, mounted on a 2 inch pipe encased in concrete, thence S. 69°37'36" E., 375.0 feet distance to a spike buried in the taxiway apron, thence S. 20020'15" W., 85.0 feet distance to a 3/, inch iron pipe encased in concrete, thence S. 69°22'49" E., 64.9 feet distance to a % inch iron pipe encase in concrete, fron which and iron rod, 518 inch diameter bears S. 20°19'53" W., 9.1 feet distance, thence S. 2002151" W., 136.4 feet distance and contiguous with a parcel described on Record Of Survey No. 4384 for Lake County -Lakeview Airport & Rent -A -Plane Inc. to an iron rod 518 inch diameter, thence S. 20°20'55" W., 37.1 feet distance to an iron rod, 30 inches long, '/2 inch diameter, with a 2 inch diameter aluminum cap stamped PLS 2749 from which a brass cap with punch mark, mounted on an iron post, bears S. 20°21'39" W., 51.9 feet distance, thence S. 69°12'42" E., 228.4 feet distance to an iron rod, 30 inches long, '/2 inch diameter, with a 2 inch diameter aluminum cap stamped PLS 2749, thence S. 69° 12'42" E., 24.8 feet distance to a point, thence along a simple curve to the right, whose long cord bears S. 429316" E., 74.0 feet distance, a delta angle of 53° 18'51" right, a radius of 82,51 feet, to an iron rod, 30 inches long, 1/2 inch diameter, with a 2 inch diameter aluminum cap stamped PLS 2749, thence S. 15°53'51" E., 248.7 feet distance to the true point of beginning. Said parcel contains 6.31 acres more or less. FOREST SERVICE takes the Premises subject to all easements, rights of way, and other matters of record. ARTICLE III OBLIGATIONS 3.01 Construction, FOREST SERVICE will build /or have built office, storage, well , well house fencing, and related space for the purpose of air and helicopter operations to meet the needs of the Forest Service and its Interagency agreement with other government agencies within Region 6 as well as the requirements of the Fremont National Forest. 3.02 Maintenance. FOREST SERVICE will be responsible for the maintenance of the improvements. Maintenance will be performed on the site as needed. Any maintenance costs LAKF. COUNTY CORPORATION - U.S. FOREST SERVICE LEASE NO. 57-04H14)4220 Page 2 of 7 Pages mwiwa 513M 0 • associated with road access will be borne by FOREST SERVICE. FOREST SERVICE shall keep the leased premises as described in a safe condition at all times. In addition, FOREST SERVICE shall maintain the leased premises in a clean and neat appearance, and shall not permit the accumulation of rubbish, junk, or any other material on the premises. ;3.03 Hazardous Substances. FOREST SERVICE shall not use, occupy, permit or suffer all or any part of the site (premises) with improvements to be used or occupied 1) for any unlawful or illegal business, use or purpose, 2) in any such manner to constitute a nuisance of any kind; or 3) for any purpose or any way in violation of a certificate of occupancy or any legal requirements including but not limited to legal requirements respecting hazardous substances. The term hazardous substances means any hazardous, toxic or dangerous substance waste or material that is the subject of environmental protection legal requirements, including but not limited to the items listed in the Unites States Department of Transportation Hazardous Materials Table (49 CFR Section 172.101) or designated as hazardous substances by the United States Environmental Protection Agency (40 CFR Part 302). FOREST SERVICE acknowledges that the term legal requirements includes but is not limited to all environmental protection laws such as the. Comprehensive Environmental Response, Compensation, and Liability Act (42 USC Sections 9601 - 9675), the Water Pollution Prevention and Control Act (33 USC Sections 1251 - 1376), and the Air Pollution Prevention and Control act (42 USC Section 7401 - 7671q). FOREST SERVICE shall not permit the treatment, storage, release or disposal of any hazardous substances, upon the LAKE COUNTY site or other property, including but not limited to the dumping of any chemical or petroleum products on the leased Property. ARTICLE IV PAYMENT 4.01 Annual Rent. For and in consideration of the use of the leased property, FOREST SERVICE agrees to pay LAKE COUNTY, annual rent according to the following schedule: First Year $2,500.00 Second Year $5,000.00 plus CPI on anniversary of lease. Third Year $7,500.00 plus CPI on anniversary of lease. Fourth Year $10,000.00 plus CPI on anniversary of lease. Fifth through twentieth years $10,000.00 plus CPI compounded annually. Renewal for three (3) ten (10) year periods can be exercised by mutual consent of both parties. Rent shall be negotiated at the time of the first renewal based upon a current appraisal of the property. Rent and all other payments shall be made to: LAKE COUNTY Board of Commissioners 513 Center Street Lakeview, Oregon 97630 [ AKE COUNTY CORPORATION -- U.S. FOREST SERVICE LEASE NO. 57-44HI-"220 Page 3 of 7 Pages rcviw 5rJ=I 0 • Failure to make said rental payment in a timely manner may be grounds for termination of this Lease. ARTICLE V ADMINISTRATIVE MATTERS 5.01 Conference. The parties shall meet whenever necessary or when mutually agreed upon to discuss matters of common interest relating to this lease. 5.02 Compliance with Applicable Law. LAKE COUNTY shall comply with all Federal, state and Local laws applicable to the LAKE COUNTY as owner of the property site, 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 LAKE COUNTY 's expense. The Government will comply with all Federal state and Local Laws applicable to and enforceable against it as a tenant under this lease; provided that nothing in this lease shall be construed as a waiver of any sovereign immunity of the Government. This lease shall be governed by Federal law. (48 CFR, Chpt. 5 (General Services Administration) 552.270-15 (AUG 1992)) 5.03 Inspection and Access. FOREST SERVICE understands and agrees that this Lease and all rights of FOREST SERVICE hereunder are and shall be subject to the future needs of LAKE COUNTY in and to the site, and LAKE COUNTY hereby reserves, and FOREST SERVICE hereby grants to LAKE COUNTY, full and free access to said site including, but not limited to, all rights of way necessary or desirable for ingress and egress over and across said property site. It is also understood and agreed that the LAKE COUNTY, its agents or other persons authorized by it, may enter upon the site at reasonable times for inspection. FOREST SERVICE absolves LAKE COUNTY from liability for loss or damage to FOREST SERVICE by reason of LAKE COUNTY's entry onto the site, except for such loss or damage caused by LAKE COUNTY or their employees negligence. 5.04 Delivery of Notices. Any notice to this lease shall be deemed given if delivered personally to the office of the party to be notified or sent by Unites States Registered or Certified mail, postage prepaid, return -receipt requested, and addressed as follows: (a) FOREST SERVICE: USDA Forest Service, Pacific Northwest Region Attn: Contfacting Officer P. O. Box 3623 Portland, Oregon 97208-3623 (Street address: 333 S. W. First Ave., Portland, OR 97204) (b) LAKE COUNTY: LAKE COUNTY Board of Commissioners 513 Center Street Lakeview, Oregon 97630 Attn: Chairman 5.05 Tort Claims. FOREST SERVICE shall conduct its activities under this lease at its own risk and shall be liable for damages caused by its negligence to the extent permitted by the Federal Tort Claims Act (28 USC 2671-80). LAKE COUNTY CORPORATION -- U.S. FOREST SFRVICF. LEASE NO. 57-04111-"220 Page 4 of 7 Pages revised 5/30to1 0 0 5.06 Assignment. This lease shall not be assigned, nor the premises sublet, without the express written approval of LAKE COUNTY. 5.07 Lease Supersedes. This lease supersedes all other leases between the parties hereto covering the same areas and the same subject matter, and no prior or contemporaneous oral or written representations or communications between LAKE COUNTY and the FOREST SERVICE or their representatives, course of dealing, or trade usage shall be deemed to modify the wording hereof or be used in interpreting or construing the meaning or intend hereof. This lease may be amended or modified only in writing signed by both LAKE COUN'T'Y and FOREST SERVICE authorized personnel. 5.08 Authority. Any and all powers and authority conferred upon FOREST SERVICE by this lease shall be strictly construed, and no other powers may be lawfully exercised by FOREST SERVICE without LAKE COUNTY's prior written consent. FOREST SERVICE shall not have any authority to act on behalf of LAKE COUNTY nor to bind LAKE COUNTY to any third party, contractually or otherwise, except as it expressly stated herein ARTICLE VI DURATION — CANCELLATION 6.01 Term. This lease will be in effect for a period of twenty years beginning on July 1, 2000 and ending on June 30, 2019, both dates inclusive. Forest Service shall have the option to renew this Lease for three separate twenty (10) year terms provided Forest Service is not in default under the terms of this Lease. Such renewal shall be affected by giving notice to LAKE COUNTY not less than 90 days prior to the expiration of the original term or the first renewal term of the Lease period, as applicable. 6.02 Cancellation - Liability. In the event of cancellation, all buildings and portable equipment used on the site by FOREST SERVICE will remain the property of FOREST SERVICE and will be removed from the site within one -hundred eighty (180) days of cancellation unless weather and ground conditions do not permit. In that event, removal from the site shall be as soon as weather and ground conditions permit. If the FOREST SERVICE fails to remove all structures, buildings, and other improvements within the time permitted above they shall become the property of LAKE COUNTY, this action shall not relieve the FOREST SERVICE of liability for the cost of restoration of the site unless agreed to by LAKE COUNTY. ARTICLE VII DEFAULT AND TERMINATION 7.01 Default. In the event of a breach of any of the terms of this lease agreement, each party to the lease shall have the option of giving written notice of the breach to the party in default. If the conditions of this lease which are being breached are not corrected within thirty (30) days of the receipt of the LAKE COUNTY CORPORATION — U.S. FOREST SERVICE LEASE NO. 57-04H1-0-0220 mNisea sr30roi Page 5 of 7 Pages 0 notice of the breach, the injured party shall have the option of declaring the breaching party in default. Written notice of default shall be served by delivery in person or by certified mail to the party in default. 7.02 Termination. (a.) This lease may be terminated under any of the following conditions: (1) Upon the mutual agreement of FOREST SERVICE and LAKE COUNTY, (2) If the DEFAULTING PARTY fails to correct any breach of the terms and conditions contained herein after receiving thirty (30) days written notice of the breach, the non -defaulting party may terminate the lease. (b.) In the event that this lease or any renewal thereof is terminated by virtue of default by FOREST SERVICE, or by any of the actions listed above, FOREST SERVICE shall have the following rights and obligations with regard to permanent improvements and fixtures owned by FOREST SERVICE and placed on the leased premises by FOREST SERVICE. FOREST SERVICE may elect, subject to written notice to LAKE COUNTY to remove the improvements. In such case, FOREST SERVICE shall, within one -hundred eighty (180) days of such termination, remove the improvements. (c.) If FOREST SERVICE removes, or causes to be removed, such improvements from the leased premises, it shall surrender the leasehold to LAKE COUNTY in substantially the same condition as it was prior to the placement or construction of any structure. If the leased premises are not in as good a condition as when FOREST SERVICE first took possession, LAKE COUNTY reserves the right to restore the premises and to collect from FOREST SERVICE all of its costs of restoring the premises to that condition. (d) FOREST SERVICE shall pay rent which is attributable to FOREST SERVICE'S post- termination occupation of the leased premises under this subparagraph, at the rate determined under Article IV herein. 8.0 Clauses Incorporated by Reference. The following list of clauses are referenced with the same full force and effect as if they were given in full text. Upon request the Contracting Officer will make their full text available. 52.203-3- GRATUITIES (APR 1984) 552.203-5- COVENANT AGAINST CONTINGENT EES (FEB 1990) 52.203-7- ANTI -KICKBACK PROCEDURES (JUL 1995) 52.203-12- LIMITATION ON PAYMENTS TO IN UJENCE CERRTAIN FEDERAL TRANSACTIONS (JUN 1997) 552.203.70- PRICE ADJUSTMENT FOR ILI-EGALOR IMPROPER ACTIVITY (SEP 1999) 52.204+ PRINTINGICOPING DOUBLE -SIDED ON RECYCLED PAPER (TUN 1996) 52.215-2 AUDrr AND RECORDS -NEGOTIATION (TUN 1999) 52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR reviwd 5(30101 PROCING DATA (OCT 1997) 52.215-70 EXAMINATION OF RECORDS BY GSA (FEB 191%) 32.222-26 EQUAL OPPORTUNITY (FEB 1999) 32.222.33 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND BIETNAM ERA VETERANS (APR 1998) 32.222.36 AFFIRMATIVE ACTION FOR WORKERS WITH DIABIL (TIES (JUN 1998) 52.222.37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS AND VETERANS AND VETERANS OF THE VIETNAM ERA (JAN 1999) LAKE COUNTY CORPORATION — U.S FOREST SERVICE LEASE NO. 57-04H1-"220 Page 6 of 7 Pages • . • IN WITNESS WHEREOF, the parties have executed this lease on the day and year written below. LAKE COUNTY BOARD OF COMMISSIONERS, m Name & Title NOTARY SEAL BY: ATTEST DATE. U. S. DEPARTMENT OF AGRICULTURE, FOREST SERVICE, PACIFIC NORTHWEST REGION, SUSAN V. SEPULVEDA, Lease Contracting Officer LAKF. COUNTY CORPORATION — U.S. FOREST SERVICE CEASE NO. 57-04HI-0-0220 rerisee 5130/01Page 7 of 7 Pages FAYF,TTEvPLLE 0 THE Cllr OF FAVE"EVILLE, ARKANSAS DEPARTMENTAL CORRESPONDEN To: Gary Dumas, Utilities Services From: Heather Woodruff, City Clerk Date: December 6, 2001 Please find attached a copy of your Staff Review Dorm reviewing a "draft" Ground Lease Agreement with USDA Forest Service. The original, when received from the Forest Services, will be microfilmed and filed with the City Clerk cc: Nancy Smith, Internal Audit James Nicholson, Airport 010 03 23ty of Fayetteville 12/11/2001 Update In Maintenance 7:59:13 Document Iter Action Reference Date Ref. Taken Brief Description AIR 12042001 CONT DRAFT GROUND LEASE/USDA FOREST SER - - - - - - - - - - - - - - - - - - - - - - - - - - - - Enter Keywords......... CONTRACT File Reference 4.......MICROFILM Security Class......... Retention Type: Expiration Date.......: **** Active * TWT Date for Cont/Referred: Name Referred to......: Cmdl-Return Cmd8-Retention Cmd4-Delete Cmd3-End Press 'ENTER' to Continue Cmd5-Abstract Yes No (c) 1986-1992 Munimetrix Systems Corp. FAYETTEVA,LE 0 THE CITY OF FAYETTEVIUff. ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Ray Boudreaux, Airport Manager From: Heather Woodruff, City Clerk Date: February 11, 2002 Attached is a copy of the resolution and signed lease agreement with the Forest Service. I am returning all three originals to you. Please have them signed and return one original to the City Clerk's office. The original will then be microfilmed and filed with the City Clerk. cc: Clancy Smith, Intmai Audit Steve Davis, Budget and Research 010 03 City of Fayetteville UpdateIndex Maintenance Document Ite�� Action Reference Date Ref. Taken Brief Description RES 2052002 13-02 AIR OPERATIONS BASE Enter Keywords........: RES. 12-02 LEASE AGREEMENT UNITED STATES DE M TMENT AGRICULTURE FORES SERVICE - 12.8 ACRES AIR OPERATIONS BASE 2/15/2002 10:57:24 File Reference 4...... : MICROFILM Security Class........: Retention Type: Expiration Date.......: **** Active * TWT Date for Cont/Referred: Name Referred to......: Cmdl-Return Cmd8-Retention Cmd4-Delete Cmd3-End Press 'ENTER' to Continue CmdS-Abstract Yes No (c) 1986-1992 Munimetrix Systems Corp. 2015-0014 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item John Roscoe 1/8/2015 Aviation / Transportation Services Department Submitted By Submitted Date Division / Department Action Recommendation: Approval of Lease Amendment No. 8 to Lease 57-43ZP-6-7, Lease Amendment No. 8 to Lease 57-43ZP-6-8, and Lease Amendment No. 10 to Lease 57-43ZP-2-06 with the USDA Forest Service for the lease of 12.8 acres of land and two T -hangar storage units. Budget Impact: 5550.0955.4453.00 5550.0955.4457.00 Airport Account Number Fund N/A Project Number Budgeted Item? Yes Does item have a cost? NA Budget Adjustment Attached? NA Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget N/A Project Title v2nlan71n Previous Ordinance or Resolution # 13-02 Original Contract Number: Comments: Approval Date:' CITY OF T�Ile a. 4STAFF MEMO) ARKANSAS TO: Lioneld Jordan, Mayor THRU: Don Marr, Chief of Staff Staff/Contract Review Committee Terry Gulley, Transportation Director FROM: John Roscoe, Aviation Director DATE: 1/8/2015 SUBJECT: USDA Forest Service Lease Renewal Legistar Item # 2015-0014 RECOMMENDATION: Review and signature of the Mayor. BACKGROUND: In 2002 the USDA Forest Service leased 12.8 acres of airport property to construct a Fire Fighting Base. The base consists of aircraft turnarounds, liquid fire retardant bulk storage facility and related facilities used for loading aircraft with the material for fighting wild fires. The Forest Service also leases two T -hangar storage end -units for storage of equipment and materials. DISCUSSION: The federal government entity issues a renewal of the leases each year upon expiration. The rent payments from the federal government to the airport contribute significantly to the airport's bottom line. BUDGET/STAFF IMPACT: The renewals are for three separate lease agreements with the USDA Forest Service. The land lease provides $28,160 annually and the two storage unit leases provide $26,280 for a total of $54,440 annual revenue for the airport. Attachments: SRF, SRM, Lease Amendments (3) Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 USDA FOREST SERVICE SOUTHERN REGION LEASE AMENDMENT No. 8 TO LEASE NO. 57-43ZP-6-8 LEASE AMENDMENT ADDRESS OF PREMISES USDA Forest Service Ozark -St. Francis NFs Fayetteville Municipal Airport Air Base Operations - Storage Bldg. F -South F -South Storage Building - Drake Field Exercise Annual Renewal Option Fayetteville, AR 72701 THIS AMENDMENT is made and entered into between City of Fayetteville, Arkansas Whose address is: 113 West Mountain, Fayetteville, AR 72701. hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WHEREAS, the parties hereto desire to amend the above Lease. NOW THEREFORE, these parties for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, covenant and agree that the said Lease is amended, effective January 1, 2015 as follows: This Agreement extends the current lease for an additional One (1) year on a month to month basis in accordance with Claus 12 of the original lease. The lease is for the 20' x 24' storage building, referred as F -South The term effective date is January 1, 2015 through December 31, 2015 The lease rental rate will remain at the Same annual rate of $1,170.00 paid at the monthly rate of $97.50 in arrears. This Lease Amendment contains 1 page(s). All other terms and conditions of the lease shall remain in force and effect. IN WITNESS WHEREOF, the parties subscribed their names as of the below date. FOR THE LESSOR: Cit Fayet , Arkansa FOR THE GOVERNMENT: Phyllis Carter Signature(s): /�---- / Signature: 1 Signature(s): K�l_ Name: Phyllis Ca er Name: Title: Entity Name: Date: Title: Lease Contracting Officer a USDA Forest Service ion d d —T din Date: I - Z(P - 2-Z)1 S m. "'ge Fayetteville Municipal Airport Drake Field /-,10-/s WITNESSED FOR THE LESSOR BY: Signature: Af, 40"a - Name: w g- SM."1'9 Title: Date: 61-15 `�tt111119�gA,, ♦ Ge 'Ty .:� 'ET-fE ,ILLS": • NeiO •'Osy die i` p� `► 4, Lease Amendment Form 12112 USDA FOREST SERVICE SOUTHERN REGION LEASE AMENDMENT No. 8 TO LEASE NO, 57-43ZP-6-7 LEASE AMENDMENT ADDRESS OF PREMISES USDA Forest Service Ozark -St. Francis NFs Fayetteville Municipal Airport Air Base Operations — Storage Bldg. D -South D -South Storage Building — Drake Field Exercise Annual Renewal Option Fayetteville, AR 72701 THIS AMENDMENT is made and entered into between City of Fayetteville, Arkansas Whose address is: 113 West Mountain, Fayetteville, AR 72701. hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WHEREAS, the parties hereto desire to amend the above Lease. . NOW THEREFORE, these parties for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, covenant and agree that the said Lease is amended, effective January 1, 2015 as follows: This Agreement extends the current lease for an additional One (1) year on a month to month basis in accordance with Claus 12 of the original lease. The lease is for the 20' x 24' storage building, referred as D -South The term effective date is January 1, 2015 through December 31, 2015. The lease rental rate will remain at the Same annual rate of $1,020.00 paid at the monthly rate of $85.00 in arrears. This Lease Amendment contains 1 page(s). All other terms and conditions of the lease shall remain in force and effect. IN WITNESS WHEREOF, the parties subscribed their names as of the below date. FOR THE LESSOR: Cit f Fayettevi Arkan as Signature(s): a� Signature(s): Name: 1_ i br'i 6,jd iov d Rr► Title: Mal&, Entity Name: Fayetteville Municipal Airport Drake Field Date: WITNESSED FOR THE LESSOR BY: Signature: E • 4� Name: <5ohd,k- E•rn� Title: r!�'& 66,1Z Date: "a -Y5 5 FOR THE GOVERNMENT: Phyllis Carter Signatur ' (�k _�J Name: Phyllis Carter Title: Lease Contracting Officer USDA F _tst S g�5 Date: T►irr`rf` .G FAYETTEVILLE • Ve 06 Lease Amendment Form 12/12 USDA FOREST SERVICE SOUTHERN REGION LEASE AMENDMENT No, 10 TO LEASE NO. 57-43ZP-2-06 LEASE AMENDMENT ADDRESS OF PREMISES USDA Forest Service Ozark -St. Francis NFs Fayetteville Municipal Airport Air Base Operations Drake Field Exercise Annual Renewal Option Fayetteville, AR 72701 Signature: THIS AMENDMENT is made and entered into between City of Fayetteville, Arkansas Whose address is: 113 West Mountain, Fayetteville, AR 72701. hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WHEREAS, the parties hereto desire to amend the above Lease. . NOW THEREFORE, these parties for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, covenant and agree that the said Lease is amended, effective January 1. 2015 as follows: This Agreement extends the current lease for an additional One (1) year in accordance with Clause 5. This Lease Amendment documents extension 12 (twelve) of the 20 year lease for 12.8 acres of land and easements. The term effective date is January 1, 2015 through December 31, 2015. The lease rental rate will remain the same annual rate of $28,160 paid at the monthly rate of $2,346.66 in arrears. This Lease Amendment contains 1 page(s). All other terms and conditions of the lease shall remain in force and effect. IN WITNESS WHEREOF, the parties subscribed their names as of the below date. FOR THE LESSOR: Cit of Faye ille, Ark a as Signature(s): sL.�--- Signature(s): Name: L/One�d Title: May®" Entity Name: Fayetteville Municipal Airport Drake Field FOR THE GOVERNMENT: Phyllis Carter / Signature: c (6° (;ItA� Name: Phyllis Carter` Title: Lease Contracting Officer USDA Forest Service Date: / - -Z� - ZUt 5 - Date: Date: l'a IS `o�� rnrrrroto�RR®. 0�®® Q; cITY WITNESSED FOR THE LESSOR BY: V • a Signature: • Name: o w Sin; i®J'y.�'�� l X;/,.. ',',r !ti Title: C' ��. ,�. C ���if�arte►`�� Date: I- �ZD-`S Lease Amendment Form 12112 Terry Gulley Submitted By tLSDA-,rOrC!R)J- 5ervkce Le 0,- ,e 5"7 - yv zT) ' -7 141 3 -EP -LO"� City of Fayetteville Staff Review Form 2016-0672 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/20/2016 Aviation / _ Transportation Services Department Submitted Date Division / Department Action Recommendation: Approval of Lease Amendment No. 9 to Lease 57-43ZP-6-7, and Lease Amendment No. 9 to Lease 57-43ZP-6-8, with the USDA Forest Service for the lease of two T -hangar storage units. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance $ - Does item have a cost? NA Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $ v V20140710 Previous Ordinance or Resolution # 13-02 Original Contract Number: Approval Date: Comments: Please have two originals signed and sent to Drake Field for USDA signatures. A signed original will be returned to the City Clerk's Office after the USDA has signed the amendments. CITY OF T ay le ARKANSAS TO: Lioneld Jordan, Mayor THRU: Don Marr, Chief of Staff Staff/Contract Review Committee FROM: Terry Gulley, Transportation Services Director Date: 12/20/16 SUBJECT: USDA Forest Service Lease Renewal Legistar Item # 2016-0672 RECOMMENDATION: Review and signature of the Mayor. STAFF MEMO BACKGROUND: The USDA Forest Service leases two T -hangar storage end -units for storage of equipment and materials. DISCUSSION: The federal government entity issues a renewal of the leases each year upon expiration. The rent payments from the federal government to the airport contribute significantly to the airport's bottom line. BUDGET/STAFF IMPACT: The renewals are for two separate lease agreements with the USDA Forest Service. The two storage unit leases provide $26,280 for annual revenue for the airport. ATTACHMENTS: SRF SRM Lease Amendments (2) Mailing Address: 113 W. Mountain Street mvw.fayetteville argov Fayetteville, AR 72701 USDA FOREST SERVICE SOUTHERN REGION LEASE AMENDMENT No. 9 TO LEASE NO. 57-43ZP-6-7 :LEASE AMENDMENT ADDRESS OF PREMISES USDA Forest Service Ozark -St. Francis NFs Fayetteville Municipal Airport Air Base Operations — Storage Bldg. D -South D -South Storage Building — Drake Field Exercise Annual Renewal Option. Fayetteville, AR 72701 THIS. AMENDMENT is made and entered into between City of Fayetteville, Arkansas Whose address is: 113 West Mountain, Fayetteville, AR 72701. hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WHEREAS, the parties hereto desire to amend the above Lease. . NOW THEREFORE, these parties for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, covenant and agree that the said Lease is amended, effective January 1. 2017 as follows: This Agreement extends the current lease for an additional One (1) year term on a month to month basis in accordance with Clause 12 of the original lease. The lease is for the 20'x 24' storage building, referred as D -South The term effective date is January 1, 2017 through December 31, 2017. The lease rental rate will remain at the same annual rate of $1,020.00 paid at the monthly rate of $85.00 in arrears. This Lease Amendment contains 1 page(s). All other terms and conditions of the lease shall remain in force and effect. IN WITNESS WHEREOF, the parties subscribed their names as of the below date. FOR THE LESSOR: City of Fayetteville, Arkansas FOR THE GOVERNMENT: Lester Harris Signature(s): (lam Signature: Signature(s): Name: Lester Harris Title: Lease Contracting Officer USDA Forest Service rv- f� Name: r, h Date: Title: l 1 jQY Entity Name: Fayetteville Municipal Airport Drake Field Date: WITNESSED FOR THE LESSOR BY. Signature: 6, Title: 7CS-AA)A. e Mat G Y G� sp i � • .1 =C)a FAYETTEVILLE: r G T O N Lease Amendment Form 12112 USDA FOREST. ERVICE SOUTHERN REGION LEASE AMENDMENT No. 9 TO LEASE NO. 57-43ZP-" LEASE AMENDMENT ADDRESS OF PREMISES USDA Forest Service Ozark -St. Francis NFs ayettevilie Municipal Airport Air Base Operations - Storage Bldg. F -South -South Storage Building -- Drake Field Exercise Annual Renewal Option Fayetteville, AR 72701 THIS AMENDMENT is made and entered into between City of Fayetteville, Arkansas Whose address is: 143 West Mountain, Fayetteville, AR 72701. hereinafter called the Lessor, and the UNITED SPATES OF AMERICA, hereinafter called the Government: WHEREAS, the parties hereto desire to amend the above Lease.. NOW THEREFORE, these parties for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, covenant and agree that the said Lease is amended, effective January 1. 2017 as follows: This Agreement extends the current lease for an additional One (1)` year term on a month to month basis in accordance with Clause 12 of the original lease. The lease is for the 20' x 2* storage building, referred as F -South The term effective date is January 1, 2017.through December 31, 2017. The lease rental rate will remain at the same annual rate of $1,170.00 paid at the monthly rate of $97.50 in arrears. This Lease Amendment contains 1 page(s). All other terms and conditions of the lease shall remain in force and effect. IN WITNESS WHEREOF, the parties subscribed their names as of the below date. FOR THE LESSOR- Signature(s): FOR THE GOVERNMENT: Lester Harris v� Signature: Signature(s): Name: Lester Harris Title: Lease Contracting Officer USDA Forest Service Name: �.i nne-o_ mnaan Date: Title: ( nr Entity Name: Faetteville Municipal Airport Drake Fie�ld/� /� t ®�®`o1aaitrrrorr�e� Ft K Date: CITY 0-1o9J,!�� WITNESSED FOR THE LESSOR BY: c7 ®.FAYE�EVI��E; v� r . y�q NS PS, Signatu e G \ �' Name: ��''' oUans►o®'�`o Title: Date: Lease Amendment Form 12112 John Roscoe Submitted By City of Fayetteville Staff Review Form 2016-0224 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item )0-(>A V -Dred 3tf ice h a.n3 o t' 4/20/2016 Aviation / Transportation Services Department Submitted Date Division / Department Action Recommendation: Approval of Lease Amendment No. 9 to Lease 57-43ZP-6-7, and Lease Amendment No. 9 to Lease 57-43ZP-6-8, with the USDA Forest Service for the lease of two T -hangar storage units. Account Number Project Number Budgeted Item? Project Title NA Current Budget $ - Funds Obligated $ - Current Balance $ Does item have a cost? NA Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget_ V20140710 Previous Ordinance or Resolution # 13-02 Original Contract Number: Approval Date: Comn)'ents: Please have two originals signed and sent to Drake Field for USDA signatures. A signed original will be returned after the USDA has signed. CITY OF Tay vle ARKANSAS TO: Lioneld Jordan, Mayor THRU: Don Marr, Chief of Staff Staff/Contract Review Committee Terry Gulley, Transportation Director FROM: John Roscoe, Aviation Director DATE: April 20, 2016 SUBJECT: USDA Forest Service Lease Renewal Legistar Item # 2016-0224 P1CAa2TIC&r• RECOMMENDATION: Review and signature of the Mayor. BACKGROUND: The USDA Forest.Service leases two T -hangar storage end -units for storage of equipment and materials. DISCUSSION: The federal government entity issues a renewal of the leases each year upon expiration. The rent payments from the federal government to the airport contribute significantly to the airport's bottom line. BUDGET/STAFF IMPACT: The renewals are for two separate lease agreements with the USDA Forest Service. The two storage unit leases provide $26,280 for annual revenue for the airport. Attachments: SRF SRM Lease Amendments {2} Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 SOUTHERN REGION LEASE AMENDMENT M OF PREMISES [Ile Municipal Airport Storage Building — Drake Field ille, AR 72701 or ,7 USDA Forest Service Ozark -St. Francis NFs Air Base Operations — Storage Bldg. D -South Exercise Annual Renewal Option THIS AMENDMENT is made and entered into between City of Fayetteville, Arkansas Whose address is: 113 West Mountain, Fayetteville, AR 72701. hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WHEREAS, the parties hereto desire to amend the above Lease. . NOW THEREFORE, these parties for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, covenant and agree that the said Lease is amended, effective January J.'2016 as follows: This Agreement extends the current lease for an additional One (1) year term on a month to month basis in accordance with Clause 12 of the original lease. The lease is for the 20' x 24' storage building, referred as D -South The term effective date is Januarl. 2016 through December 31, 2016. The lease rental rate will remain at the same annual rate of $1,020.00 paid at the monthly rate of $85.00 in arrears. This Lease Amendment contains 1 page(s), All other terms -and conditions of the lease shall remain in force and effect. IN WITNESS WHEREOF, ft parties subscribed their names as of the below date. _ FOR THE LESSOR: Signature(s): Signature(s): FOR THE GOVERNMENT: Wendy Castineira Signature: Name: Title: rte •'Jordan Date: Title: 'v 1, MIUK Entity Name: Fayetteirille Municipal Airport Drake Field WITNESSED FOR THE LESSOR BY: at C�Z i / r' r Date: , Wendy Castineira Lease Contracting Officer USDA Forest Service Lease Amendment Form 12112 3DA FOREST SER SOUTHERN REGION LEASE AMENDMENT >S OF PREMISES ille Municipal Airport Storage Building — Drake Field ille, AR 72701 LEASE AMENDME No. 9 TO LEASE NO. 57-43ZP-6-7 Air Base Operations — Storage Bldg. D -South Exercise Annual Renewal' Option THIS AMENDMENT is made and entered into between City of Fayetteville, Arkansas Whose address is: 113 West Mountain, Fayetteville, AR 72701. hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government. WHEREAS, the parties hereto desire to amend the above Lease. . NOW THEREFORE, these parties for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, covenant and agree that the said Lease is amended, effective January 1.2016 as follows: This Agreement extends the current lease for an additional One (1) year term on a month to month basis in accordance with Clause 12 of the original lease. The lease is for the 20'x 24' storage building, referred as D -South The term effective date is January 1, 2016 through December 31, 2016. The lease rental rate will remain at the same annual rate of $1,020.00 paid at the monthly rate of $85.00 in arrears. This Lease Amendment contains 1 page(s), All other terms.and conditions of the lease shall remain in force and effect IN WITNESS WHEREOF, UW parties subscribed their names as of the below date. FOR THE LESSOR: of Fai4ftevillo, Ar nsa: Signature(s): Signature(s): '. Name: ( Lon -cid d J0I(t ,Cl Title: y v l 0 10 V Entity Name: Fayettetrille Municipal Airport Drake Field Date: 4 z - I (I . WITNESSED FOR THE LESSOR BY: .► i► .L. 4A4A' "x;}111- Date: FOR THE GOVERNMENT: Wendy Castineira Signature: Name: Wendy Castineira Title: Lease Contracting Officer USDA Forest Service Date: Lease Amendment Foran 12112 SDA FOREST SEI - _ . _ SOUTHERN REGION LEASE AMENDMENT dile Municipal Airport Storage Building — Drake Field elle. AR 72701 AMENDM No. B.: USDA Forest Service Ozark -St. Francis NFs Air Base Operations — Storage Bldg. F -South Exercise Annual Renewal Option THIS AMENDMENT is made and entered into between City of Fayetteville, Arkansas Whose address is: 113 West Mountain, Fayetteville, AR 72701. hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WHEREAS, the parties. hereto desire to amend the above Lease. . NOW THEREFORE, these parties for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged., covenant and agree that the said Lease is amended, effective. January 1. 2016 as follows: This Agreement extends the current lease for an* additional One (1) year term on a month to month basis in accordance with Clause 12 of the original lease. The lease is for the 20' x 24' storage building, referred as F -South The berm effective date is January 1. 2015 through December 31, 2016. • The lease rental rate will remain at the same annual rate of $1,170.00 paid at the monthly rate of $97.50 in arrears. This Lease Amendment contains 1 page(s). All other terms and conditions of the lease shall remain in force and effect. IN WITNESS WHEREOF, the parties subscribed their names as of the below date. FOR THE LESSOR: Signature(s): Name: Title: Ko q O Y Entity Name: FayetteVIlle Municipal Airpott Drake Field Date: Y'.-27- a©/42 WITNESSED FOR THE LESSOR BY: FOR THE GOVERNMENT: Wendy Castineira Signature: Name: Wendy Castineira Title: Lease Contracting Officer USDA Forest Service Date: Lease Amendment Form 92112 5DA FOREST SEI .E SOUTHERN REGION LEASE AMENDMENT 3S OF PREMISES ille Municipal Airport Storage Building — Drake Field ille, AR 72701 USDA Forest Service Ozark -St. Francis NFs Air Base Operations — Storage Bldg. F -South Exercise Annual Renewal Option THIS AMENDMENT is made and entered Into between City of Fayetteville, Arkansas Whose address is: 113 West Mountain, Fayetteville, AR 72701. hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government WHEREAS, the parties, hereto desire to amend the above Lease. . NOW THEREFORE, these parties for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged; covenant and agree that the said Lease is amended, effective. January 1. 2016 as follows: This Agreement extends the current lease for an'additional One (1) year term on a month to month basis in accordance with Clause 12 of the original lease. The lease is for the 20' x 24' storage building, referred as F -South The term effective date is January 1.2, 016 through December 31, 2016. The lease rental rate will remain at the same annual rate of $1,170.00 paid at the monthly rate of $97.50 in arrears. This Lease Amendment contains 1 page(s). All other terms and conditions of the lease shall remain in force and effect. IN WITNESS WHEREOF, the parties subscribed their names as of the below date. FOR THE LESSOR: Signature(s): �. Title: Ko -or Entity Name: Fayetteville Municipal Airpott Drake Field Date: WITNESSED FOR THE LESSOR BY: FOR THE GOVERNMENT: Wendy Castiineira Signature: Name: Wendy Castineira Title: Lease Contracting Officer USDA Forest Service Date: Luse Amendment Form 12112 CityClerk From: CityClerk Sent: Wednesday, April 27, 2016 2:49 PM To: Roscoe, John Cc: Fallen, Summer; McCoy, Dee; 'Atha, Kristin'; VellCaPfayetteville-ar.gov'; Jmain@Dfayetteville-ar.goV; Purchasing; Rennie, Andrea; Smallwood, Deborah; Smith, Leslie Subject: T -Hangar Lease with USDA Forest Service Attachments: 042716 T -Hangar Lease with USDA Forest Service.pdf Please see the attached copy of your non agenda item. I will place this item in the holding file and send the signature pages through interoffice mail so you can obtain the original signatures required. If you have any questions please contact our office. Thank you and have a nice day! Office of the City Clerk Treasurer 113 W. Mountain Street, Suite 308 Fayetteville, AR 72701 479.575.8323 cityclerk(a)-favefteville-ar.gov Website I Facebook I Twitter I YouTube CITY OF e � ear e AAANSAS www. tayetteville-ar.gov Smith, Lorinda From: McCoy, Dee Sent: Friday, May 27, 2016 2:58 PM To: McCoy, Dee; Smith, Lorinda Subject: Conversation with McCoy, Dee Smith, Lorinda 2:45 PM: Hey girl, Did you get back the signature page for #2016-0224? McCoy, Dee 2:50 PM: no Smith, Lorinda 2:51 PM: Ok thank you! have a great weekend! McCoy, Dee 2:54 PM: you too Johnson, Kimberly From: McCoy, Dee Sent: Tuesday, November 27, 2018 3:27 PM To: Johnson, Kimberly Subject: RE: Legistar 2016-0224 No. I tried to get them from the USDA. I let Lorinda know this too. The lady at the USDA says she doesn't keep any physical files in her office, and something from that far back would be impossible for her to find. From: Johnson, Kimberly Sent: Tuesday,.November 27, 2018 3:26 PM To: McCoy, Dee <dmccoy@fayetteville-ar.gov> Subject: Legistar 2016-0224 Hi Dee, The City Clerk office is working on Lorinda's Holding File. Do you have signed pages from the USDA Forest Service for Legistar 2016-0224 in your files? _ Thank you! Kim Johnson, BSE, CMC, CAMC Deputy City Clerk - Codifier Office of the City Clerk Treasurer City of Fayetteville, Arkansas kiohnson(a)fayetteville-ar.4ov 479.575.8323 Website I Facebook I Twitter ( Instagram I YouTube CITY OF FAYETTEVILLE ARKANSAS 1