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HomeMy WebLinkAboutResolution - 653 - Lease Agreement - FAA - 3100 Sq Ft FAA & AFS Offices, Old Terminal Building LIA - 11/13/1980�1 ALA: pc ' RESOLUTION RESOLUTION X653 - 11/13/80 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a lease agreement with the United States Government the subject of which is certain property in the old airport terminal to be remodeled and used for Federal Aviation Administration offices, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of November ,1980. BILL MCALISTER ATTEST: Evelyn -Ga fga, City a ary-Treasusrer APPROVED AS TO CONTENT: Ma in Coffee, Vector of Aviation APPROVED AS TO FORM: CU G� Angela V Adams, Assistant City Attorney oa�3 • n�onTiTmi•n�r itGco ..11 /1h/tin STANDARD FJRM Z U.S.FEBRUARY 1265 EDITION SGOVERNMENT s ADMINISTRATION PROVISIONAL PROVISIONAL LEASE FOR REAL PROPERTY ADMINISTRATION FPR (tl CFR) 1-16.601 GATE OF LEASE LEASE N0. OTFA07-81'-L-01008 THIS LEASE, made and entered into this date by and between CITY OF LUBBOCK, TEXAS Lubbock Regional Airport Route 3, Box 389 whose address is Lubbock, Texas 79401 and whose interest in the property hereinafter described is that of Owner hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WITNESSETH: The parties hereto for the considerations hereinafter mentioned, covenant atjd agree as follows: 1. The Lessor hereby leases to the Government the-4oliool ing described premises: 1 Modify and partition to FAA requirements Approximately 3100 square feet of space located in the old Termina`� Building on Lubbock Regional Airport, Lubbock, Texass as more particularly shown on FAA drawing marked Exhibit "A11 attached hereto and made a part hereof. Ii. LY.t.. i .1.11/ tobeasedfor Federal Aviation Administration (FAA) Airway Facilities Sector (AFS) Offices. 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on the f i rst day of the month following that in which beneficial occupancy is obtained. .................................................................... through ................................................... subject to termination and renewal rights as may be hereinafter set forth. 3. The Government shall pay the Lessor annual rent of s...... see—Arti de..1.0 ......................................... at the rate of $ ...................................................... per kV Fi SCd1 ... e Udrt........... in arrears.s Rent for it lesser period shall be prorated. Rent checks shall be made payable to: Lessor , to the Lessor and no rental shall notice shall be computed comment - provided notice be given ' ng to the Lessor at least ........ days before the end of the original lease term or any r rm; all other terms and conditions of this lease shall remain the sante during any renewal term. 6. The Lessor halLiuraiah to the Govertutlea4.ru4 par"i,rhe zea -the following: See Articles 13, 15, 16 174 and 16. 7. The following are attached and made a part hereof: 1 . The General Provisions and lastructions (Standard Form 2-A, Ma-Y..1.87U.... edition). 2. Articles 9 through 19. • � ,t, „��..} J ..fir . S. The following changes were made in this lease prioj to its execution ' Articles 4 and 5 on Standard Form 2 and Article 11 on Standard Form 2-A were deleted in their entirety; ArtfcYes 17 and 18 and Amendment 2, noted as Page 3, were added to Standard Form"2=A.i" IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. LESSOR CITY OF LUBBOCK, TEXAS t (Signature) (Sisuature) IN PRESENCE OF; -----------------------------------------------------------------. - .-------- --------- ------------------------------------------- (Siyuature) (Address) UNITED STATES OF AMERICA r BY �se�X�c_ -- --' �► I + Oantra tl r Off i cer-------- M w f 6 genre ----------------------------------------- (Oficial title) STANDARD FORM L FEBRUARY 1965 EDITION Approved as to tattc,. Ansistanf C? ttornay U. 4 GOVERNMENT PRINTING OFFICE a 1974.0 - 559-099 I 7. The following are attached and made a part hereof: 1 . The General Provisions and lastructions (Standard Form 2-A, Ma-Y..1.87U.... edition). 2. Articles 9 through 19. • � ,t, „��..} J ..fir . S. The following changes were made in this lease prioj to its execution ' Articles 4 and 5 on Standard Form 2 and Article 11 on Standard Form 2-A were deleted in their entirety; ArtfcYes 17 and 18 and Amendment 2, noted as Page 3, were added to Standard Form"2=A.i" IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. LESSOR CITY OF LUBBOCK, TEXAS t (Signature) (Sisuature) IN PRESENCE OF; -----------------------------------------------------------------. - .-------- --------- ------------------------------------------- (Siyuature) (Address) UNITED STATES OF AMERICA r BY �se�X�c_ -- --' �► I + Oantra tl r Off i cer-------- M w f 6 genre ----------------------------------------- (Oficial title) STANDARD FORM L FEBRUARY 1965 EDITION Approved as to tattc,. Ansistanf C? ttornay U. 4 GOVERNMENT PRINTING OFFICE a 1974.0 - 559-099 Lease No. DTFA07-81-L-01008 Airway Facilities Sector (AFS) Lubbock Regional Airport Lubbock, Texas 9. RENEWAL OPTION: This lease may, at the option of the Government, be renewed from year to year upon the terms and conditions herein specified. The Government's option shall be deemed exercised and the lease renewed each year for one year unless the Government gives thirty (30) days' notice in writing that it will not exercise its option before this lease or any renewal thereof expires; PROVIDED, That no renewal thereof shall extend the period of occupancy of the premises beyond the 30th day of September, fifteen years plus any fraction of a fiscal year after beneficial occupancy date; AND PROVIDED FURTHER, That adequate appropriations are available from year to year for the payment.of rentals. 10. RENTAL: Bare space annual lease amount will be 11.3287 percent of the total modification cost including architectural and engineering fees, plus an annual return of 10 percent of total cost of all approved change orders, plus $3.50 per square foot per annum (existing rate), plus $0.20 per .square foot for water and gas; renewable annually for 15 years. Actual rental figure will be supplied by supplement to this Provisional Lease after all costs are determined. Rental includes continuing maintenance of the interior and exterior of the building, ground areas surrounding the building including parking areas, and the maintenance of the building's equipment for plumbing, heating, and cooling. Electricity shall be paid for by the Government on a metered basis. Janitorial services will be handled by a separate contract. 11. CANCELLATION: The Government shall have the right and privilege to cancel this lease wholly or in part at any time during the term of this lease or during the term of any renewal thereof upon giving the lessor thirty (30) days' notice in writing, such notice to be computed from the date of the postmark on the envelope in which such cancellation notice is mailed, and no rentals shall accrue after that date; EXCEPT, That portion of the lease pertaining to utilities services, which may be renegotiated and or canceled by either party upon thirty (30) days' notice as defined above, and the monetary consideration of this lease adjusted therefor. 12. OCCUPANCY OF SPACE BEYOND THIS LEASE TERM: The Government shall have the option to made a new lease for all or any part of the demised premises at the end of the initial renewal terms or within one year thereafter at a bare space rental rate to be negotiated at that time, based upon the fact that the modification will have been completely paid for by lease rentals. Said rate would include the stipulation that all building structural and equipment maintenance appertaining hereto shall be performed by the Lessor. Lease No. DTFA07-81-L-01008 Airway Facilities Sector (AFS) Lubbock Regional Airport Lubbock, Texas 13. INTERIOR PAINTING LEASED PREMISES: The Lessor shall accomplish interior repainting of the leased premises once every five years during the Government's occupancy of the leased premises under this lease or any renewal thereof. All painting shall be accomplished by the Lessor using a washable paint of the Lessor's choice. 14. NON -RESTORATION: It is hereby agreed between the parties that, upon termination of its occupancy, the Government shall have no obligation to restore and/or rehabilitate, either wholly or partially, the property which is the subject matter of this lease. It is further agreed that the Government may abandon in place any or all of the structures and equipment installed in or located upon said property by the Government during its tenure. Notice of abandonment will be conveyed to the Lessor in writing. 15. VEHICLE PARKING: The Lessor shall provide, free of charge, parking spaces in the immediate vicinity of the leased premises for vehicles of Government employees working at the facility, Government-owned vehicles, and vehicles of visitors.. 16. PORTABLE FIRE EXTINGUISHERS: The Lessor shall furnish portable fire extinguishers meeting local requirements and the requirements of the Occupational Safety and Health Acta The Lessor shall maintain the extinguishers in proper and safe operating condition at no cost to the Government. 17. REPAIR AND REPLACEMENT OF WINDOW COVERS: The Lessor agrees to install suitable window covers, as may be required by the Government, and to maintain them against fair wear and tear during the Government's occupancy of the leased premises. 18. HEATING, COOLING SYSTEM, AND RESTROOM FACILITIES: The Lessor shall furnish as part of the rental consideration the services and supplies for the demised premises to include'restrooms as stated herein- after through the Lessor's owned and maintained facilities. (a) Water: The Lessor shall furnish potable chilled water,through the Lesson's owned and maintained drinking fountain available to the premises leased by the Government. Potable hot and cold water shall be furnished for use by the Government in the Lessor's owned and maintained male and female toilet facilities available to the leased premises. Lease No. DTFA07-81-L-01008 Airway Facilities Sector (AFS) Lubbock Regional Airport Lubbock, Texas (b) Sewage: The Lessor shall furnish all equipment for a system adequate to provide waste disposal for the Lessor's owned and maintained toilet facilities furnished the Government within the leased premises. (c) Air Conditioning: The Lessor shall furnish all equipment and air conditioning facilities and the maintenance thereof, which shall provide adequate air conditioning suitable for the climatic conditions prevailing at Lubbock Regional Airport, and maintain a mean interior temperature range of 78 to 80 degrees, subject to any restrictions imposed by Governmental authorities. Electricity for operation will be furnished by the Government. (d) Heating: The Lessor shall furnish an adequate heating system of a capacity tom ntain a heating range level within the leasedipremises of 65 to 68 degrees at all times, through the Lessor's owned and maintained heating facility, subject to any restrictions imposed by Governmental authorities. Gas for operation will be furnished by the Lessor. (e) Waste and Refuse Pickup: The Lessor shall remove and dispose of all paper an trash collected from the leased premises. 19. LOCAL AND FEDERAL AVIATION ADMINISTRATION HEALTH RE IREMENTS: The Lessor shall be responsible for compliance with oca codes and FederalAviation Administration safety and health requirements. GENERAL PROVISIONS, CERTIFICATION AND INSTRUCTIONS U.S. Government Lease for Real Property SS$ NO, UTVA04f-U1-L-U10U1$ GENERAL PROVISIONS WSs Luba k, Texas 1. SUBLETTING THE PREMISES. The Government may sublet any part of the premises but shall not be relieved from any obligations under this lease by reason of any such subletting. 2. MAINTENANCE OF PREMISES. The Lessor shall maintain the demised premises, including the building and any and all equipment, fixtures, and ap- purtenances, furnished by the Lessor under this lease in good repair and tenantable condition, except in case of damage arising from the act or the negligence of the Gov- ernment's agents or employees. For the purpose of so main- taining said premises and property, the Lessor may at reasonable times, and with the approval of the authorized Government representative in charge, enter and inspect the same and make any necessary repairs thereto. 3. DAMAGE BY FIRE OR OTHER CASUALTY. If the said premises be destroyed by fire or other casualty this lease shall immediately terminate. In case of partial destruction or damage, so as to render the premises unten- antable, as determined by the Government, the Government may terminate the lease by giving written notice to the Lessor within fifteen (15) days thereafter; if so terminated no rent shall accrue to the Lessor after such partial de- struction or damage; and if not so terminated the rent shall be reduced proportionately by supplemental agreement hereto effective from the date of such partial destruction or damage. 4. ALTERATIONS. The Government shall have the right during the existence of this lease to make alterations, attach fixtures and erect additions, structures or signs in or upon the premises hereby leased, which fixtures, additions or structures so placed in, upon or attached to the said premises shall be and remain the property of the Government and may be removed or otherwise disposed of by the Government. 5. CONDITION REPORT. Aofnt physical survey and inspection report of the de- misi premises shall be made as of the effective date of this lease, refiecting.the then present condition, and will be signed on behalf of the parties hereto. 6. COVENANT AGAINST CONTINGENT FEES. The Lessor warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, percent- age, brokerage, or contingent fee, excepting bona fide em- ployees or bona fide established commercial or selling agencies maintained by the Lessor for the purpose of securing busi- ness. For breach or violation of this warranty the Govern- ment shall have the right to annul this lease without liability or in its discretion to deduct from the rental price or con- sideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. (Li- censed real estate agents or brokers having listings on prop- erty for rent, in accordance with general business practice, and who have not obtagned such licenses for the sole purpose of effecting this lease, may be considered as bona fide em- ployees or agencies within the exception contained in this clause.) 7. OFFICIALS NOT TO BENEFIT. No Member of or Delegate to Congress, or Resident Com- missioner shall be admitted to any share or part of this lease 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. S. ASSIGNMENT OF CLAIMS. Pursuant to the provisions of the Assignment of Claims Act of 1940, as amended (31 U.S.C. 203, 41 U.S.C. 15), if this lease provides for payments aggregating $1,0000 or more, claims for monies due or to become - due the Lessor from the Government under this contract may be assigned to a bank, trust company or other financing. institution, including any Federal lenUing agency, and may thereafter be further assigned or reassigned to any such institution. Any such assignment or reassignment shall cover all amounts pay- able under this contract and not already paid, and shall not be made to more than one party, except that any such assign- ment or reassignment may be made to one party as agent or trustee for two or more parties participating in such fi- nancing. Notwithstanding any provisions of this contract, payments to an assignee of any monies due or to become due under this contract shall not, to the extent provided in said Act, as amended,.be subject to reduction or set-off. 9. EQUAL OPPORTUNITY CLAUSE. (The following clause is applicable unless this contract is exempt under the rules, regulations, and relevant orders of the Secretary of Labor (41 CFR, ch. 60).) During the performance of this contract, the Contractor agrees as follows: (a) The Contractor will not discriminate against any em- ployee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for train- ing, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of this Equal Opportunity clause. (b) The Contractor will, in all solicitations or advertise- ments for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (c) The Contractor will send to each labor union or repre- sentative of workers with which he has a collective bargain- ing agreement or other contract or understanding, a notice, to be provided by the agency Contracting Officer, advising the labor union or workers' representative of the Contractor's commitments under this Equal Opportunity clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Contractor will comply with all provisions of Ex- ecutive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) The Contractor will furnish all information and re- ports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting Standard naiFe—(6eneni Servias m tno—FPR 1 CFR) 1-16.601 May 1870 Edition 2-203 agency and the Secretary of Labor for purposes of investiga- tion to ascertain compliance with such rules, regulations, and orders. (f) In the event of the Contractor's noncompliance with the Equal Opportunity clause of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended, in whole or in part, and the Contractor may be declared ineligible for further Government contracts in accordance with procedures author- ized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies in- voked as provided in Executive Order No. 11246 of Septem- ber 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The Contractor will include the provisions of para- graphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Execu- tive Order No. 11246 of September 24, 1965, so that such pro- visions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any sub- contract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 10. FACILITIES NONDISCRIMINATION. (a) As used in this section, the term "facility" means stores, shops, restaurants, cafeterias, restrooms, and any other facility of a public nature in the building in which the ,space covered by this lease is located. (b) The Lessor agrees that he will not discriminate by segregation or otherwise against any person or persons be- cause of race, color, religion, sex, or national origin in furnishing, or by refusing to furnish, to such person or persons the use of any facility, including any and all services, privileges, accommodations, and activities provided thereby. Nothing herein shall require the furnishing to the general public of the use of any facility customarily furnished by the Lessor solely to tenants, their employees, customers, patients, clients, guests and invitees. (c) It is agreed that the Lessor's noncompliance with the provisions of this section shall constitute a material breach of this lease. In the event of such noncompliance, the Gov- ernment may take appropriate action to enforce compliance, may terminate this lease, or may pursue such other remedies as may be provided by law. In the event of termination, the Lessor shall be liable for all excess costs of the Government in acquiring substitute space, including but not limited to the cost of moving to such space. Substitute space shall be .obtained in as close proximity to .the Lessor's building as is feasible and moving costs will be limited to the actual ex- penses thereof as incurred. (d) Itis further agreed that from and after the date hereof the Lessor will, at such time as any agreement is to be entered ,into or a concession is to be permitted to operate, include or require the inclusion of the foregoing provisions of this section in every such agreement or concession pur- suant to which any person other than the Lessor operates or has the right to operate any facility. Nothing herein con- tained, however, shall be deemed to require the Lessor to in,-lude or require the inclusion of the foregoing provisions of this section in any existing agreement or concession arrange- ment or one in which the contracting party other than the Lessor has the unilateral right to renew or extend the agree- ment or arrangement, until the expiration of the existing agreement or arrangement and the unilateral right to renew or extend. The Lessor also agrees that it will take any and all lawful actions as expeditiously as possible, with respect to any such agreement as the contracting agency may direct, as a means of enforcing the intent of this section, including, but not limited to, termination of the agreement or concession and institution of court action. (NOTE.—This provision is applicable if this lease w ego- tiated without advertising.) (a) The Lessor agrees that the Comptrolle eneral of the United States or any of his duly authors representatives shall, until the expiration of 3 year ter final payment under this lease, have access to an a right to examine any directly pertinent books, docu ,papers, and records of the Lessor involving transa ns related to this lease. (b) The Lessor furth agrees to include in all his subcon- tracts hereunder a p ssion to the effect that the subcontrac- tor agrees that omptroller General of the United States or his repres atives shall, until the expiration of 3 years after fina ayment under this lease with the Government, have s to and the right to examine any directly pertinent .. documents. naners. and records of such subcontractor 12. APPLICABLE CODES AND ORDINANCES The Lessor, as part of the rental consideration, agrees to comply with all codes and ordinances applicable to the own- ership and operation of the building in which the leased space is situated and, at his own expense, to obtain all necessary permits and related items. 13. INSPECTION. At all times after receipt of Bids, prior to or after accept- ance of any Bid or during any construction, remodeling or renovation work, the premises and the building or any parts thereof, upon reasonable and proper notice, shall be accessi- ble for inspection by the Contracting Officer, or by architects, engineers, or other technicians representing him, to deter- mine whether the essential requirements of the solicitation or the lease requirements are met. 14. ECONOMY ACT LIMITATION. If the rental specified in this lease exceeds $2,000 per annum, the limitation of Section 322 of the Economy Act of 1932, as amended (40 U.S.C. 278a), shall apply. 15. FAILURE IN PERFORMANCE. In the event of failure by the Lessor to provide any service, utility, maintenance or repairs required under this lease, the Government shall have the right to secure said services, utilities, maintenance or repairs and to deduct the cost thereof from rental payments. 16. LESSOR'S SUCCESSORS. The terms and provisions of this lease and the conditions herein shall bind the Lessor, and the Lessor's heirs, executors, administrators, successors, and assigns. CERTIFICATION 1. CERTIFICATION OF NONSEGREGATED FACILITIES. (Applicable to (1) contracts, (2) subcontracts, and (3) agreements with applicants who are themselves performing federally assisted construction contracts, exceeding $10,000 which are not exempt 'from the provisions of the Equal Opportunity clause.) By the submission of this bid, the bidder, offeror, applicant, or subcontractor certifies that he does not maintain or pro- vide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies fur - Standard Form 2—A May 1970 Edition Amendment to Standard Form 2-A, Page 3 2. CLEAN AIR AND WATER CERTIFICATION: (Applicable only It the contract amends •100,000, or the contracting ouch bas dewr- mined that orders under an Indetntte quan- iltT contrast In any One year tilt exceed $100,000, or a facility to be used bas been the subject of a conviction under the Clean Alr Act 142 UA.C. 1937o-d(e) (1) ) or the Ted - Oral Rater Pollution Control Act (33 VA.C. 1310(c)) and U listed by LPA, or the con- tract Is not othertta saetapt.) (a) The Colaractor agrees as tollows: (1) To comply with all the require- ments of section 114 of the Clean Air Act. m amended (42 UJ3.C. 1857, tt seq.. RS amended by Pub. L. 91-604) and sec- tion 308 of the Federal Water Pollution Control Act (33 V.B.C. 1251 et seq., as amended by Pub. L. 92-500) , respectively, relating to insp!ction, monitoring, entry, reports, and information, as well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder before the award of this contract. (2) That no portion o1 the work re- quired by this prime contract will be per- formed in a facility listed on the Envi- ronmental Protection Agency List of Violating Facilities on the date when this contract was awarded unless and until the EPA eliminates the name of such facility or facilities from such listing. (3) To use his best efforts to comply with clean air standards and clean water standards at the facility in which the contract is being performed. (4) To insert the substance of the pro- visions of this clauFe into any nonexempt subcontract, including this paragraph (a)(4). (b) The terms used in this clause have the following meanings: (1) The term "Air Act" means the Clean Air Act, as amended (42 V.B.C. 1857 et seq., as amended by Pub. L. 91- 604). . (2) The term "Water Act" means Fed- tral Water Pollution Contra) Act, as amended (33 U.B.C. 1251 et seq., as amended by Pub. L. 93-500) . (3) The term "clean air standards" means any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions, or other require- mente which are contained in, issued under, or otherwise adopted pursuant to the Air Act or Executive Order 11738, an applizvUe Imp Meamtation p)nn as de- serrved to sectim 110(d) of the Clean Air Act (4'1 U.S.C. 1BM4(M ). at approved lmplementaMn procedure or plan under section 111(c) or section 121(d), regpec- tively. of the Air Act (42 U.B.C. 1851" (t) or (d)). or as approved impletnea- tatkrn procedure under section 122(d) ed the Air Act 40 V.B.C. 1867e -7(d)). M The term "mesa Fater standards', meads arty enforceable limitation. eon- trol. condition, prohibition, standard, or other requirement which is promulgated pursuant to the Water Act or contained In a permit issued to a discharger by the Environmental Protection Agency or by a State under aR approved program, as authorized by section 402 of the Water Act (33 U.B.C. 1342), or by local govern- ment to ensure compliance with pretreat- ment regulations as required by acction 307 of the Water Act (33 U.S.C. 1317). (5) The term "compliance" means compliance with clean air or water standards. Compliance shall also mean compliance with a schedule or plan or- dered or approved by a court of compe- tent Jurisdiction, the Exlvlronlnental Protection Agency or an air or aster pollution control agency In accordance with the requirements of the Air Act or Witter Act and regulations i.gued pur- suant thereto (6, The term *1swilit.y" moan;, Inv building;. plant, installation, s.trurtule, mine. ve«el or other floating era:t, lo- cation, or site of operations, owned, leased or supervised by a contra^tor or Fubcontractur. to be utilized in the ),er- forintinec of a contract or subcontrart. Where a i«ration or site of operittions Contains or Includes more th.,in one building, plant. installation, or structure. the entire location or site shall be deemed to be a facility except where the Direc- tor. 01111re of Federal Activities. Environ- ment Protection Agency, determines that Independent facilities are collocated in one geographical area. `'Attacimlent to SF 2-A - General Provisions 17. LISTING OF MLOYMENT OPENINGS (Thb Clause Is applicable purruaat to 41 (d) Whenever the Contractor becomes eon- 14) "olicaings !Aitch the contractor pro - 60 -M a this eoatsact OF lar 82AN of tractutaily bound by the listing provlslons of pones • • • to fill pursuant to a customary a1Oea•) this clause, he &hall advise the em to mens P Y and traditional employer-arab& hiring ar- (a) Tae Contractor across, In order to pro. rrvice system in each State wherein he rnslgc,luttt" aaeans employment tilde speelal emphasis to the employment D yment oe to for p yment of has estsbilahments o! the name and location •.•filch loo consideration will be given to per- qualiAed disabled veterans and veterans of of each such establishment In the State. As wits otitskle of a special hiring arrange - the Vletaam era, that all suitable employ km11 as the contractor Is amtmctually bound n,cnt. Uuhlding openings which the eontrnc- -ateat openings of the Contractor which exist to these provislons and has loo advised the ter props ses to fill from union halls. which .at tete time of the execution of this contract eclate employment system, there is no need fa part of tT1t customary and traditional and those which occur during the perform• to advise Ube State system of subsequent hiring relationship which exists between ants of this contract. Including those not rias raou. The contractor easy advise the the Contractor and representatives of his generated by this contract and Including Stale system when It Is loo longer bound by employees. those occurring fit an establishment other this contract Clause. Ig► "Dlaabled vetsrast" means a person that the dins wherein the Contract Is being (*) nil clause does not apply to the list- entitled to disability Compensation under *Sitlyperforated but corporate those to Iadepend- lag of employment opentap which Occur taws administered by the Veterans Admialc- offer operated eorpet a a appropriate 11 , and are filed outside of the 60 states• the tratlon for a disability rated at 90 percentum oRered for listing at as appropr4te local Instrict of Columbia• the Commonwealth or more, orarson whose discharge ofen of the State empioymaat service systeM Puerto itioo, Cluam. wad Me- Virgin lease tram attire duty was for a dlsabtilty wherein the "mine occurs and to providl Islands. Incurred ory such "Porte to such local 015011 ItCaJdin IN That Clause does act apply to open- agCat tied a lame of duty. employment openings and hires at may 111P which the contractor proposes to 1111 (e► "Veteran et the Vie era" taxares a orfult•d: prodded. That if this contract Is from wlthin his own organization or to All person (A) who (t) served on active duty far Mss than 610.000 or it It to with is State pnesuant to a Customary and traditional with the Armed Forces for a period of more t.r bral government the reports set forth in Knployer-union hiring arrangement. This than 160 days• any past of which occurred Pualtraphs (c) and (d) are not requited. rrclnstoes does loot apply to a ent.parIbis after August b, 1964. and was discharged or Ib) Llsitng of employment openfil9s with +swuing once as employer decides to eon- released therefrom with other than a d1s- the enlphmnent service system pursuant aider applicants outside of big own orgtnl- honorable discharge, or (It) was discharged to ibu clause shall be made at least enn. sateon or employer-ualon arrangement for or released from active duty for service-con- Curtrntly with the use of any other recruit. that opening. neeted disability If any part of'such duty tient service or effort and shall Involve the tot As used In this clause: was performed after August 6. 1964. find (B) Sawmill obliratlons which attach to the . who was so discharged or released within aclt of a bons fide ttl All suitable employment openings" the 4g 'mnnths el K Job order, Wds Slid I+a hides, but b not Iltaited to, o a1n Preceding his application bra far the acceptance of referrals of veterans atsd � De Ke employment covered by this Clause. atrutvetsrans. ThL Ifstln of em 1o�rnent :Which occur In the followint Job Categories: t D T"Idtutlon and nonproduction; plant and e V ti any era belie veteran he veteran of rlwntuRs does not require the hiring of any 'of�re: laborers and mechanics; supervisory the Vktssam era bellevss that the eoatraetor par icular' Job applicant or from any par- ,a+� nonsupervisory; technleal and exec (or any first-tier subcontractor) has failed tinttar group of lois appUeants, and noth• thy administrative, and professional open- or refuses to Comply with the provlslons of Ing herein is Intended to relieve the cors- 1119, which are compensated an a salary this Contract clause relating to giving spe- rrartar 1?om any requirements in auy tM�y, of less than 616.000 per year. Ilse term clal emphasis In employment to veterans. ►tatntes, Executive orders, or regulations re. Includes full-time ern to such veteran may tie a Complaint with the gardfn nondiscrimination in employrnent. D yaseat. temporary veterans' employment representative at a i employment of more than I days' duration, (el The reports required by parngrs►ph (a) local State employment service office who of this claube shall Include, but not Ile slid part•ume employment. It does not la• will attempt to informally resolve the Com- lin+lted to, periodic reports which Shall be elude openings which the contractor pro- plaint and then refer the complaint with a &ted at least quarterly with the lipproprinte poses to fill from within his own organiza- report oil the attempt to resolve the matter first office or. where the contractor hits more Ilan or to All pursuant to a Customary and to the State office of the Veterans' Employ - Than one establishment In a State, with the traditional employer-unloa htring arrange. ment Service of the Department of Labor. e►s/tral office of the State emplupmeut relent. Such complaint shall then be promptly re- wrvlce. Such reports shall indicate for each 421 "Appropriate office or the State em- ferred through the Regional Manpower Ad. e•tahnshment (i) the number of Individuals pio)ment acrvice system" means the focal atintstmtcr to the Secretary of Labor who Min were hired during the reporting perk+d, nffk,- of the Federal -State national system shall investigate truth Complaint and shall fill the number of those hired who were dls. of public employment ofces with &asfgl,ed take such action thereon as the facts and allied veterans, and till) the number of responaltlrlity for serving the ares, of the circumstances warrant Consistent with the tMuc hired who were nondisabled veterans osNthllslunc it where the employstsent open• taring of this Contract and the laws. avid teg- of the Vietnam era The contractor shall sub- 1119 Is to be filled, including the DiArlet of ulatlons applicable thereto• tilt a report within W days after the end Cntumhfu. the Commonwealth of Puerto (I) The Contractor agrees to place this of *sell reporting period wherein any Per- steep, fsuam, and the Virgin Islands. Clause (excluding this paragraph (I)) in any formative Is made under this Contract. The 121 "t)penhiCs which the Contractor pees.-uboontract directly under this Contract. runtractor shall maintain copies of the to- po.eq to fill from within his own orgs,ttlwt- fr+rts submitted until the expiration of 1 114-31•' nseans employment openings for which - year after final payment under the Contract, ew enu.ldcration will I.••• given 10 persons during which time they shall be made avail- ,.utskie the suntraeusri own. orgattiUttiou - able. upon request, for examination by any 11n.1t11tn19 ers any afrdlat, subsidlarir%. and authorized representatives of the eoutraet• piss!!! rranpanles), and Includes any open- ing after or of the Secretary of Labor. Insm ahieli the contractor propo%" to All tr.-311 I'Mularly established "recull" or "ft. hire. Mata. EXAMINATION OF RECORDS BY COMPTROLLER GENERAL (a) This clause is applicable if the amount (C) The Contractor llutbsr agrees to ha- or purehass Orders for publle um ty aarvlcea of ON Contract exceeds $7.600 and was an. elude to an file rub0oatmeto hereunder a at rates srtabllsaed fee 11 =seem applicability tared into by means of negotiation• facludint pro•btoa to the efrevt that the suboontrae• to toa eaeral Public. •4;- amatl business restricted adverttillag, but is tar area hart Cha Comptroller oeaat'al of (d) The period$ of acceo'aaQ''atltxt -not applicable If this contract was entered s Valted States of &sly st Uk *qV author. described In (b) find ($).'abovs, for ssoords Into by mesas of fair&&! advertising. rvpromatatiter Imam unto as Chita•whit »saint* tis (1) appeals under the -rata• (b) The Contractor s that the Clomp. toll of 6 years after sinal payment utder the putes elau:sa of thls Centrad, (2) (ttlg&tioo or the settlemant cc claims troffer Genual of the rafted States a any sutiooatrsot or efu1� fesger-Elms ip.c1!!,*d to rfortaaaos � this evatraet�� trot ed She of bls duty sutborlsed representatives shall. either Appendix H of the Aa^m*C 6srvlest and szpeases of eoatrtt.ct t. to a $) Cos= until the expiration of a yeas* after floral Froeurament Regulation or tae pedes] pro• anti&& has best Callen by tae o r bkb Oar payment under this contract or such Nucr curament RogUUtl=& Van 'I.JO, as apply. �aerat or as attssd p Uzu specLSed In either Appendix U of the prints, have flocess ' b Lad 't�pp*a flgbU to 0621sntv y of his duly siltb ea re. Armed Services Procurement Regulation a sxsmins any dkoc6ly partiaaat;�ooIs. doeu. ea. &hate eoatinw t¢ttl) sroCL appealA papers, and records of Bruch ftsbect. Ilttcatfon, the Pti•6nra1 procurement Regulstioas part moat, alarm&. 011 aso)ytbps tram baa 1-20. ag appropriate, have access tri and the trsetar, tnvcd tag itaasaetioas roUtsd to the fright to stumfno any directly pertinent boots. subcontract. no Uerm-suboontrsetr as Ulod `doeumenta, papers, and records of the cion- is this clause excludes (1) tiurehsas order* �� Involving traaaactions related to tis apt em+ding tIA00 and •(2). pU oadieflct4ss they that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The bidder, offeror, applicant, or subcon- tractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, res- taurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking foun- tains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segre- gated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will ob- tain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in his files; and that he will forward the following notice to such pro- posed subcontractors (except where the proposed subcon- tractors have submitted identical certifications for specific time periods) : NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES A Certification of Nonsegregated Facilities must be sub- mitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Oppor- tunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually) . NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. NOTE. The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. INSTRUCTIONS 1. Whenever the lease is executed by an attorney, agent, or trustee on behalf of the Lessor, two authenticated copies of his power of attorney, or other evidence to act on behalf of the Lessor, shall accompany the lease. 2. When the Lessor is apartnership, the names of the partners composing the firm shall be stated in the body of the lease. The lease shall be signed with the partnership name, followed by the name of the partner signing the same. 3. Where the Lessor is a corporation, the lease shall be signed with the corporate name, followed by the signature and title of the officer or other person signing the lease on its behalf, duly attested, and, if requested by the Government evidence of this authority so to act shall be furnished. 4. When deletions or other alterations are made specific notation thereof shall be entered under clause 8 of the lease before signing. b. If the property leased is located in a State requiring the recording of leases, the Lessor shall comply with all such statutory requirements at Lessor's expense. U. S. GOVERNMENT PRINTING OFFICE: 1973 O - 505-899 Standard Form 2-A May 1970 Edition CORPORATE CERTIFICATE RESOLUTION 4653 — 11/13/80 Lease No. DTFA07-81-L-01008 Airway Facilities Sector (AFS) Lubbock Regional Airport Lubbock, Texas I, EVELYN GAFFGA certify that I am the Secretary—Treasurer of the CO"p %NR named in the foregoing agreement, that Bill McAlister who signed said agreement on behalf of said corporation, was then Mayor thereof, that said agreement was duly a. signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. -Dated this 13th day of November 1980. By. CORPORATE SEAL- v Sep SP/fcE ,aPPRoK 3/oo s4.Pf- .:. Y • ... ._..._.... MINUTES OF CITY COUNCIL WORK SESSION December 11, 1980 1.. Discuss regular agenda items. See Minutes of Regular Session. 2. Discuss application procedure and notification for non -conforming _apartment conversions. City Manager Cunningham reported as to alternatives for notifying the citizens of the voluntary application for declaring non -conforming uses of apartments (Ord. 8106). He recommended that the Town Crier be discontinued and a tabloid be printed to be inserted in the Lubbock Avalanche -Journal in the Sunday edition once quarterly; that it be designed as a four-page format similar to the City Profile; that this tabloid be the vehicle for notifying the citizenry about various City -related matters; that it take effect in January, 1981. The alternative to the above issue would be to prepare and utilize a stuffer in the utility bills; this should capture the attention of some citizens, as well as the use of the tabloid. CONSENSUS: Prepare a utility-bill-stuffer for January, 1981, as well as the tabloid inserted in the A -J in January. The Board of Realtors had expressed an interest in a similar suggestion and BY CONSENSUS the Council suggested the Mayor write a letter to the Board of Realtors and to the lending institutions regarding their support in this effort. /3 -Report on lease agreement with FAA concerning airport remodeling. On November 13, 1980.(Reso. x}`653), the City entered into an agreement with the FAA for leasing of additional space in the old air terminal. At that time, Councilwoman Baker queried whether or not there would be any provision in the lease agreement, whereby the City recovered its cost in the event FAA defaulted. City Attorney John Ross reported on this date that the FAA had been contacted and their response was negative to the query for the reason that they operate on an annual budget and amendment of that nature would be unacceptable to them.