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HomeMy WebLinkAboutResolution - 2395 - Lease Agreement - FAA - Operations Facilities, LIA - 08_14_1986Resolution #2395 August 14, 1986 Agenda Item #35 MH:da RESOLUTION 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, No. DTFA07-86-L-01131, by and between the City of Lubbock and the United States of America for FAA facilities, 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 14th day of 1986. B. C. McMINN, MAYOR ATTEST: II Ranetw e Boyd, City Sec APPROVED AS TO CONTENT: Marvin Coffee, irec -of Aviation APPROVED AS TO FORM: Michele Hart, -Assistant City Attorney August Resolution #2395 P� U.S. Department of Transportation Federal Aviation Administration JUN 19 1986 Mr.,Marvin W. Coffee Director of Aviation Department of Aviation City of Lubbock Route 3, Box 389 Lubbock, TX 79401 Dear Mr. Coffee: Southwest Region Arkansas, Louisiana, New Mexico, Oklahoma, Texas Lease No. DTFA07-86-L-01131 SFO/FSS Lubbock International Airport, Lubbock, Texas P.O. Box. 1689 4400 Blue Mound Road, Fort Worth, Texas 76101 In reply to your letter dated June 10, 1986, enclosed are the original and three copies of Lease No. DTFA07-86-L-01131. The modifications and information are outlined below. a. Paragraph 12c, Utilities and Services, has been modified to reflect continued furnishing and payment for electric service by this agency. b. A careful review of the HVAC requirements imposed on the city under the lease are applicable only to the general areas. We are unaware of any special or unusual heating or cooling requirements. c. Paragraph 15, Interior Painting of Leased Premises. This paragraph has been modified to reflect a repainting schedule of once every 3 years to coincide with the new lease term. This is a standard clause used in all of our leases. d. Paragraph 17, Repair and Replacement of Window Covers. This is a standard clause used in all of our leases. Replacement of window covers is required under a 3 year term, the same as any other term. In my computation for a flat rate bare rent per square foot figure of $4.80, consideration was given to repainting, blind replacement, and possible carpet replacement during the new lease term. The GADO rate quoted in your letter of $3 per square foot was established in 1984. 19M r" 1986 50 Years of Air Traffic Control Exceffence �� — A Standard for the World — 2 We believe that the flat bare space rate of $4.80 per square foot, for all services less electricity, for the lease term of 3 years is fair and equitable. Should you need additional information, please call me at (817) 877-2307. Sincerely, Harold L. Keog Contracting Off cer Enclosure Resolution ##2395 STANDARD FORM 2 FEBRUARY 1965 EDITION - U.S. GOVERNMENT • GENERALSERVICES ADMINISTRATION LEASE FOR REAL PROPERTY "R (41 CFR) 1-16.601 DATE OF LEASE LEASE NO. DTFA07-86-L-01131 THIS LEASE, made and entered into this date by and between CITY OF LUBBOCK whose address is Lubbock International Airport, Route 3, Box 389, 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 and agree as follows: 1. The Lessor hereby leases to the Government the following described premises: Eighteen rooms, FSS Operations area, together -with necessary supporting corridors, mechanical, rest rooms, containing 6,056 square feet of floor space, as more particularly shown on Article 9, hereof. to be used for The FAA Lubbock FSS/SFO II facilities. 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on July___ 1, 1986_________----------------------------------- through _-SeQtember 30, 1986 ,subject to termination and renewal rights as may be hereinafter set forth. 3. The Government shall pay the Lessor annual rent of $... 29,068.80 at the rate of $---- --------------------------------- per Government fiscal quarter in arrears. Rent for a lesser period shall be prorated. Rent checks shall be made payable to: Lessor holly or in part 4. The Government may terminate this lease At any time by giving at least .-thirty-_(30)-- days' notice in writing to the Lessor and no rental shall accrue after the effective date of termination. Said notice shall be computed commenc- ing with the day after the date of mailing. provided notice be given ' rt rt g to the Lessor at least ..................... days before the end of the original lease term or any ren rm; all other terms and conditions of this lease shrill remain the saute during an}' renewal term. 2-106 _ G. The Lessor shall furnish to the Government, as part of the rental consideration, the following: See Article 12. 7. The following are attached and made a part hereof: a, The General Provisions and Instructions (Standard Form 2-A, - May--1970-- edition). b. Special Lease Provisions, Articles 9 through 21. c. Corporate Certificate. 8. The following changes were made -in this lease prior to its execution; Article S, Standard Form 2, deleted entirely; Articles 1 and 11, Standard Form 2-A, deleted entirely. The words "wholly or in part," were added to Article 4, Standard Form 2. Article 17 added as attachment to Standard Form 2-A. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. LESSOR CITY. OF LUBBOCK, TEXAS APPROVED AS TO CONTENT: APPROVED AS 0 FORM: r n Marvin Coffee, ir. of Aviation 'Mi he a Ha .t, Asst. BY . _ e dI ii If, � �ir>e1 ------ ------------------------------------------------- -----------------e7ty AttDr e',y I RESENCE F: ATTEST: "- - - - - -- --- --- - -------------- -------------------------------------- =----------`---------------- ane -Boyd____C�rs;, A�� y`y- (Address) UNITED STATES OF AMERICA s� _ _ _--__Contracting_officer______________________ ---- -- ----------- ------ Harold L. Keo (O/firial title) S`.'ANDARGFORM 2 , U. S. GOVERNMENT PRINTING OFFICE - 1974 O - 556-D6H FE;,RUARY 1D65 EDITION Lease No. DTFA07-86-L-011 131 SPOMS Lubbock International Airport Lubbock, Texas 9. BOOM scgm...E: Bare Rent Annual Sq. Ft, Per §9o,Ft. Cost Flight Serlice,AtL St o I -- gn PW manager's Office 240 $4.80 $ IV152.-00 FSS Area Supervisor's Orriee 108 4.80 5' 18.40 FSS Secretary'$ Office 120 4.80 576.00 FSS Operations Area 1,017 4.80 4t$81.60 FSS lWeak Room 216 4.80 L036-80 F38 Rest Boom 81 4.80 388-80 = Teletype Room 104 4.60 499.20 F33 Telco Room 91 4.8o 436-80 F33 Storage Room 102 4.80 489.60 Training Room -368 4.8o -i 1, 4-4 7 .1,166.42 $11I7'45,60 Sector Field Office 11 SFO F%rls Office & Conf. Rm. 240 4,80 11152.00 SPO Secretary0s Office & Recept, 144 4.8o 691.20 UG Belief Tack $a Office 120 4.W 576.00 SFO Supply Techts Off. & Storage 189 4.80 907.20 SFO Video Room 120 4.80 576,00 SPO CB1 Study Pow 143 4.8o 686.40 SPO CBT Tem. & Computer 'Roov 143 4080 686.4o SPO kuipment iloom 638 4.8o 3,062.40 SY0 Equipment Parts Room lis 4,8o 1753F 8,866.00 Corridors Miscellaneous 1,188 4.80 15t702.40 Mechanical Room 420 4.80 2,016.00 Rest Rpow (Womens) 39 4,&o 187020 Rest Room (Hene) 33 4.80 158*40 FSS Vestibule 42 4,8o 201.60 SFO Vestibule 0,37 4.8o --60 -1-171. 1,759 8t443-20 Total 69056 $29,068.80 10* AUNEWAL WTION; This lease may, at the option of the Goverment, be renewed from year to year without i`*Atal char ge and otherwise upon the terms archconditions herein specified. e Government0a option shall be deemed exercised and the lease renewed eadh year for one (1) year unless the Government gives thirty (30) days' notice that it will not exercise its option before this lease or any renewal thereof expires; PRovnED,, that no renewal thereof shall extend the period of occupancy of the premises beyond September 30, 136 98 9 0 Lease No* DTFA07- S-L-*0I3 1 SFOIFSS L.ubbook International. Airport Lubbock, Texas sae Goverment shall have no obligation to restore and/or rehabilitate, either wholly or partially, the property which is the snabject matter of time lease. It is further agreed that the Government may abandon in piaea any or all of the structures and equipment installed in or located atpon said property by the Gav4inMent during its tenure. Notice of abandonment will be conveyed to the Lessor it writing 12. UTILITIES, M SERVICES: The Lessor shall furnish as part of the mcaetary consideration the following services any utilities including toilet rooms Pr ovided through the Lessor's owned and maintained facilities: a. W ah and potable ohi.11ed eater 'through the Lesson's owned and maintained drinking fountain available to the premises occupied by the Government. Potable hot and cold water shall be furnished shed for use by the Goverment In the Lessor's owned. and m i.ntai.ned sale and female toilet facilities available to the ;leased presses. b. Musa e: Plumbivg and sewage system adequate to provide Waste disposal for they Lesson's owned and maintained toilet facilities and for waste drying within the leased promises. a. %, e c r Federal Aviation d inistrati.or stall pafor and furnish all current for lights, well outlets* air--condiir ftioning, oomunica. tinns: office machines, and Goverment -owned operation equipment. The Lessor wall be responsible for replacement of fluorescent tubes; ballasts, w,4 starters as required. It will be the Lessor's responsibility to dispose of used or, replaced fluorescent tins in a safe manner. d. Waste XjgRo,s#,l: The Lessor stall dispose of all paper or trash collected €and r"e tzved from the leased premises. e. meat i:rb-condltioll acr an caz ermtr iat v alr-conditiordnj— ijT ventilation systeas„which are capable d inside twporatures in the range from a Iaw of 70 degrees F. heating season to a hi gb of 78 degrees i', at all other times, the occupied premises, regardless of outside temperatures. n Heating, f maintaining during the througho€it fa der or ser traticsrsoperating-Praotievo i The following operating pra.ctic" still be followed whenever these settings will result in fuel savings; Leatim meson: During the heating season temperatures avail be 65 to 68 degrees F. Air=0 di.ti'oni t area ono During the air-conditioning season temperatures shall bo maintained from 78 to 80 degrees P. Lease No. DWA07-86-L-01131l SPOIF33 Lubbock International' Airport Lubbook, Texas During, them times, temperatures shall be allowed to vary from to 80 degrees F. Areas havirs excessive beat gain or heat lose, or at'footed by solar radiation at different times of the day, shall be indepauderatly controlled so that the interior temperrature Conditions stipulated' can be maintained* 'Temperatures in the space will be maintained without drafts and air-conditioning equiptroont noises. .13. VEHICLE PARKIN; The Lessor shall provide, tree -of -charge, parking space for Government -owned vehicles. The Lessor further agrees to provide parkin space for FAA employees actually working within the leased premises under the sage *onditions and circumstances granted to all latter administration building oecupants and their employeest or under conditions of any future understanding reactedbetween airport aponsorg and this agency. 14. EUN I;RC . RESPC S ILII'Y CLa I - I l EACILIII The airport owner areas that any relocation, replacement, or modification of any Federal Aviation Administration Class I and 12 facilities, or components thereoto as defined below, covered by this lease during its term or any r eneval thereof made necessary by airport improvements or charges which impair or interrupt the technical and/or operational atmraoteristies of the facilities will be at the expense of the airport owner; exeept, when such improvements or changes are rude at the specific request of the Government. In tte event such relocations$ replacements, or modifications are necessitated due to causes not attributable to either the airport owner or the Government, fur:dir responsibility shall be determined by the Government. CLASS I LACILITIES Remote Iranswi.tt+ers/Reeeiver (Tozer) Airport Traffic Control Towers Airport Surveillance Radars Airport Surface Detection Equipment Precision Approaoh Radars ILS and Components ALS and Components Flight, .Service Stations Visual Landing Aids Direction Finding Equipment VOR's# TVQR's., and VORTAC*s (Instrument Approach) We tber Observing and Measuring Equip. (Owned and operated by Ft.A) Central Standby Powerplants CLASS 11 FACILITIES Long Range Radar VOR and VORTAC (en route only) Air* Route Traffic Control. Centers Plight Ser iiiee Stations - Remote Control Air -Ground Rues Comunications Outlet Communication Facility Limited Remote Communications Outlet i tberr En Route Facilities, Lease No. DTFA07-86-L-01131 SFO/FSS Lubbock International Airport Lubbock, Texas 15. INTERLOR PAIlTM LEASED PRMA-ISES: The Lessor shall repaint the interior of the leased prentises not less than, once every three (3) years years of Government occupanoy under this lease or any renewal thereof. 16. IM RFERENCE WITS TM 22VSRVWHnT',S, OPERATIONS: The Lessor agrees that in the event any of the Loessor"s operations or facilities located on the desised premises causes Interference with the GovernmenVe operations conducted on the leased premises, the Lessor shall,, upon being notified by the Government0s Contracting Officer, make every reasonable of to eliminate the eauseof such Interference. 17. REPAIR AM REPLACMENT, OVW�XNDOWMMS: The Less -or agrees to repair or replace exIsting blinds, shades, and drapes as may be required and resulting, from fair wear and tear during the Government's occupancy of the leased prox-Ines. 18. The Government shall have the right and privilege to install, operate$ and maintain antenna wires and appurtenances atop necessary buildings and stmotures or at other locations whore deemed necessary on an airport property, together with the right to install, operate, and maintain necessary connecting cables and wiring, where needed, to perform the necessary linking of facilities t provided such Installations do not constitute a hazard to the operation of aircraft when such installations have been completed. The Government shall have the right to install, operate, and maintain such cables, conduit,, and wiring as necessary to link and connect its facilities to Its emergency standby powerplant to be used In the event of commercial power failure to any of It3i facilities located on airport property. 19. DISPUTES: a. This lease is subject to the Contract Disputes Act of 1978 (Public Law 95-563). b. Except as provided in the Act,, all disputes arising under or relatiDg to'this lease shall be resol-►ad in accordance with this clause, c. (1) As used herein# "claim" means a written demand or assertion by one of the parties seenng, as a legal rights the payment of money, adjustment, or interpretitior of least terms, or other relief, arising under or relating to this lease. Lease No. DTFA07-86-L-01131 SFOIFS Lubbock International Airport Lubbock, Texas (2) A voucher, invoice, or request for payment that is not in dispute when submitted is not a olaim for the purposes of the dot. However, where such submission is subsequently not acted upon in a reasonable time, or disputed either as , to liability or amount, it may be converted to a claft pursuant to the Act. (3) A claim by the Lessor sball be made in writing and submitted to the Contracting Officer for decision. A claim by the Covernment against the Lessor shall be subject to a decision by the Contracting Officer. d. For Lessors claims of more than $50,000, the Lessor shall submit with the claim a certification that the claim is made in gonad faith, the supporting date: are accurate and complete to the beat Of the i sorts knowledge and beliefs and the amount requested aocurately reflects the lease adjustment for whieb the Lessor believes the Government is "liable. The certification shall be executed by the Lessor if an Individual. 'ten the Lesser is not an individual, the certification shall be executed by a senior company official in charge at the Lesser plarst or location involved, or by an offloer or general partner* of the Lessor having overall responsibility for; the conduct of they s r*s affairs* e. For Lessor claims of $50,000 or leas, the Contracting, Officer must render a decision within 60 days. For the Lessor claims in excess of $50,000, they Contracting Officer must decides the clai within pia days or notify the lessor of the date when the dicision will be madtas f. The Contracting Offi.c ar* s decision shall be final unless the Lesser appeals or files a suit as provided in the Aet, g. The authority of the Contracting Officer under the &,t doers not extend to claims or disputes which by statute' or regulation other agencies of the Executive Brareh of the F ersl Goverment are. expressly authorized to deoide h. Irsterest on the amount founo due on a Lessor alaim shall be paid frw the date the els im is received by the Contracting Otfi ioer until the date of payment. interest on the amount found due can a r,overent claim shhall be paid from the date the claim is received by the Lesser until the date of payment* Interest shall be oomputed at teas percent (10%) per antum on the basis of a 365- ors bf-day year, whichever applies. Lease No. DTFA07-86-L-01131 SPO/Fas Lubbock International Airport Lubbock, Texas 1. Except as the parties may otherwise agreeg pending final reso"ution of a claim by the Lessor arising under the lease,, the � Lessor shall proceed diligently with the performance of the lease and its terms In accordance with the Contracting Officerts decision. 20. UTEREST ON OWDUE PAYMENTS; a. The Prompt Payment Act, Publie Law 97-177 (96 ftat. 85: 31 USC 1801) is applicable to payments under this lease. The Act requires the payment to Lessors of interest on overdue payments., b. An interest penalty will be paid automatically when all of the following conditions are met: (1) Government acceptance of property or services bas occurred, and there is no disagreement over quantity, quality, or other lease provisions; (2) A proper invoice has been received (except where no invoice is required; e.g., some periodic lease payments); and (3) Payment Is made to the Lessor more than .15 days after the due date* c. An interest penalty will also be paid when an W noy takes a discount after the discount period has expiredo and fails to correct the underpayment within 15 days of the expiration of the discount period. d. Interest penalties are not required when payment is delayed because of a disagreement between the Government and the Lessor over the amount of the payment or other issues concerning compliance with the terms or the Lease# nor are they required for a period when amounts are withheld temporarily in accordance with the terns of the Lease Claims concerning disputes, and any interest that may be payable with ;;spect to the period during whieb the dispute is being settled, will be resolved In accordanoe with the provisions of the Contract Disputes Act of .1'018 (41 USC 601 at seq.), eo Interest penalties under the Act aball not oontinue to accrue after the filing of a claim for such permltia3 under the Contract Disputes Act of 1978, or for more than one (1) year. This provision shall not be construed to preclude the accrual of interest pursuant to Section 12 of the Contract Disputes Act of 1978 (41 USC 6111) after Interest penalties have ceased accruing, under the Prompt Payment Aetv and interest pursuant to such section may accrue on both any Aanpald lease payment and on the unpaid interest penalty required by the Prompt Payment Act. Lease No. DTFAOT-86-L-01131 SFO/FSB Lubbock International Airport Lubbock, Texas C. Calculation of Interest Pew t ea. Whenever a proper invoice (or periodic yment where no invoice is required) is paid after the due. date (determined in accordance with the payment terms set forth in thin lease) plus 15 days (except 3 days for meat and meat food products, and 5 days for perishable agricultural cd oditi.,es), interest will be included with the payment at the interest ratapplicable on the payment date. Interest will be computed from t-be day after the due date throu sh ` the pay nt date _. and the amount will be separately stated on the cheak or acco panyin . remittance advice. Adjustments will be trade for errors In calculating interest ifrequested. When an interest penalty that is owed is not paid, interest will accrue on the unpaid amount until. paid. Interests penalties remainin unpaid for any 30-eday period will be added to the prino pal, and interest penalties, tbarea ter, will accrue monthly can the total of the principsl er4 previously accrued interest. (1) When the Gover=wnt takes a discount after the discount period has expired, the interest payment will be calculated on the mount of the discount ta.kert, for the period beginning the day after the end of the specified discount period 'through the payment date. (2) When the Government fails to make notification of arr Improper invoice within 15 days (3 days for meat or meat food products, and 5 days for perishable agricultural comodlties), the number of cuss allowed for payment of the corrected, proper ihvoloe will be reduced by the number of days betwmen the fifteenth day and the day tification was transmit"d to the Lessor. Calculation of interest.penalties, if any. will be based on an adjusted due data reflooting the reduced number of days allowable for payment. (3) Interest penalties will be oc puted at the rate establis'd'Rcd by the Secretary of th* Treasury for interest payments under Section 12 of the Contract Disputes Act of 1978 (1 uSC 11). Daily interest penalties payable pursuant to this clause will be computed on the basis of the actual number of days .in the calendar year. (4) Interest penalties of less than Ono dollar will not be paid. GENERAL PROVISIONS, CERTIFICATION.ANQ INSTRUCTIONS U.S. Government Lease for -Real Property Lease No. DTFA07-86-L-01131 GENERAL PROVISIONS SFO/FSS, Lubbock, Texas • The Government may o the premises but shall not any obligations under this Iean i. MAINTBNANCE OF PBEMUM The Lessor shall maintain the demised premises, including the building and any and all eq�upment, fizturh, 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 iu charge, enter and inspect the same and make any necessary repairs thereto. 8. DAMAGE BY FIRE OR OTHER CASUALTY. If the said premises be destroyed by fire of other casualty this lease shall immediately terminate. In can 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. ALTERATIoxs. 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 t'he said premises shall be and remain the property of the Government and may be removed or otherwise disposed of by the Government. b. CONDITION REPORT. A point physical survey and inspection report of the de- mised premises shall be made as of the effective date of this lease, reflecting the then present condition, and will be signed on behalf of the parties hereto. 6. COVENANT AGAINST CONTINGENT FEES. The Lessor warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, ppeercent- age, brokerage, or contingent fee, excepting bona fide em- p ogees or bona fide established commercial or selling agencies maintained by the Lessor for the purpose of securingg 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 fall amount of such commission, percentage, brokerage, or contingent fee. censed real estate agents or brokers having listings on prop- erty for rent, in accordance with general business practice, and who have not obtained such licenses for the sole purpose of effecting this lease, may be considered as bona fide em- ployees or agencies within the exception contained in this clause.) 7. OFFICL1Ls Nor To BENS T. No Member of or Delegate to Congress, or Resident Com- missioner shall be admitted to any share or part of this lease corr"ot, or 14 any benefit that may wise therefrom; but this provision shall not be construed to e2tend to thin levee contract if made nth a corporation for its general benefit. S. AssIONMBNT or CLAIM& Pursuant to- the provisions of the . Assignment of Claims Act of 1940, as, amended (81 U.S.C. 2W 41 U.&C, 16), if this lease providft for payments aggregating $1,000 or more, claims for monies due or to become' due the Lessor from the Government under this contract may be assigned to a bank, trust company, or other financing institution, including any Federal lending agency, and may thereafter be further assigned or reassigned to any such institution_ Any such assignment or reassignment shall cover all amounts pay- able- under this contract and not already paid, and shall not be made to more than one party, except that any such assign- ment or reassignment may be made to one. party as ag�tt 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 saidAct, 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, Rarm ligion, sea, or national origin. The Contractor will take ative action to ensure that applicants are employed, d that employees are treated during employment, without gard tE1their race color, religion, sex, Or national origin Such action shall inc{ude, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recraitmeni or recraitanent advertising; layoff or termination; rates of pay or other forms of compensation- and selection fox train- ing, including apprenticeship. The G;ontractc r 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- . 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- 9ppo �rts required by Executive Order No. 11246 of September , 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 Fors 6-A Gam I S"on Mmiab6aHon--M (41 CFR! 1-16.601 May 1976 Edition :-263 agency and the Secretary of Labor for parpaw , investiga- tion to ascertain compliance with such: i bns, held orders. (f In the event of the Contractor's nosccmnpilinee with the lqual 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 ptocedures author- ised 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. U246 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- grspha (a} through '(g) is every subcoatract or .purchase order unless exempted by sales,' reguktions, or orders of"the Secretary of Labor issued pursuant to section 204 of Execu- tive Order No.11M 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. FACILrrIE8 NONDIS( RIMNATION. (a) As used in this section, the terms '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 refnsin$ to furnish, 'to such ppeer�soonn or persona the use of an facility, including any and ail serviees; privileges, accommodations, and activities provided thereby. Nothing herein shall require the furnishing to the general public of the use of any facility customarily furnished b,y 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 noncom Ham the Gov- ernment may take appropriate action to enforce compliance, may terminate this lease, or may pnrsae each other remedies as may be provided by law. In the event of termination, the Lessor shall be liable for all excess costs of the Government in acquiring substitute space, including but not limited to the cost of moving to such space. Substitute space shall be obtained in as close proximity to the Lessor's building as is feasible and moving costs will be limited to the actual ex- penses thereof as incurred. (d) It is further agreed that from and after the date hereof the Lessor will, at such time as any agreement is to be entered into or a concession is to be permitted to operate, include or require the inclusion of the foregoing provisions of this section in every such agreement or concession pur- suant to which any person other than the lessor operates or has the right to operate any facility. Nothing herein con- tained, however, shall be deemed . to require the Lessor to include or require the inclusion of the foregoing provisions of 1. CERTIFICATION OF NONSEGREGATED FACILITIES. this section is any existing agreement or concession arrangs- -ment oronb in which the contracting party other than the Lessor has the unilateral right to renew or extend the agree- meat or arrange ment, :until the expiration of the existing agreement or arrangement and the nnilateral 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, sa a means of enforcing the intent of this section, including, but not limited to, termination of the agreement or concession and institutionvf court action. • -- • - (NOTE. —This provision is applicab" t3ik2aaae fisted without advertising.) (a) The Lessor agrees that the QXMPtroller oral 9f the United States or any of his. duly autho . ' representatives shall, until the expiration of 3 final payment under this lease, have access to an a right to examine any directly pertinent books, doc , papers, and records of the Lessor involve' tran ns related to this lease- (b) The Lessor firth agrees to include in all his subcon- tracts hereunder a p Sion to the effect that the subcontrac- tor agrees that omptroller General of the United States or his rep fives shall, until the expiration. of 3 years after fin ay ment under this lease with the Government, have es to and the right to examine any directly pertinent documents, papers, 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. INSPEMON: 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 seasonable 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 LIMrrATIoN. 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. LFssoR'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 (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 Fora 2-A Ids? 1970 Edition ther that he will not maintain or provide for his employees an, ted facilities at any of his establishments, and thiitlk i'1 not permit his employees to perform their services at say location, under his control where segregsted facilities are ssainttined. The bidder, offeror, a plicantir or subcon- Uvictor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in the 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, parkinglots;' drinking1wan— taus. recreation or entertainment areas, transportation, and housing facilities provided for employees which are segre- gated by explicii directive or are in fact segregated on the basis of -face, color, religi7on;-6f national origin, because of kabit, local custom, or otherwise. He further agrees that (cmept where he has obtained identical certifications from proposed subcontractors for apecific time periods) he will ob- tain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding 410,DOO which are not exempt from the provisions of the Equal Opclause; that he will retain such certifications in TihMks; and that he will forward the following notice to such pro- posed subcontractors (except whew the proposed subcon- tractors have submitted identical certifications for specific time periods) NOTICE TO PROSPWVM SUBCONTRACTORS of REQi7Il w&wT Fm CERTMCATIONS OF NONSEGIM"TSD FACILrr1Es A Certification of No ted Facilities must be sub- mitted prior to the award�bcontract exceeding;10,000 which is not exempt from the provisions of the Equal Oppor- tunity clause. The certification may be submittedeither for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually) . Nora: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. NOTE. The penalty for making false statements in opera is prescribed in 18 U.S.C.1001. INSTRUCTIONS L Whenever the lease is executed by an attorney, agent, or trustee on behalf of the Lessor, two authenticated copies of his ppoowwer of attorney, or other evidence to act on behalf of the Lessor. shall accomnanv the lease. 2 When the Lessor is a partnership, the names of the ppaa composing the firm shall be stated in the body of the lesse�The lease shall be signed with the partnership name, followed by the name of the partner signing the same. 8. Where the Lessor is a corporation, the lease shall be signed with the corporate name, followed by the signature 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 : 1983 0 - 381-526 (8245) standard Form -A Mar 1970 Fditton Lease No. DTFA07-86-L-01131 SFO/FSS, Lubbock, Texas Attachment to SF 2-A - General Provisions 17. EXAMINATION OF RECORDS BY COMPTROLLER GENERAL (a) This clause is applicable if the amount of this lease exceeds $10,000 and was entered into by means of negotiation, including small business restricted advertising, but is not applicable if this lease was entered into by means of formal advertising. (b) The Lessor agrees that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of 3 years after final payment under this lease or such lesser time specified in either Appendix M of the Armed Services Procurement Regulation or the Federal Procurement Regulations Part 1-20, as appropriate, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Lessor involving transactions related to this lease. (c) The Lessor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of 3 years after final payment under the subcontract or such lesser time specified in either Appendix M of the Armed Services Procurement Regulation or the Federal Procurement Regulations Part 1-20, as appropriate, have access to and the right to examine any directly pertinent books, documents, papers, and records of such subcontractor, involving transactions related to the subcontract. The term "subcontract" as used in this clause excludes (1) purchase orders not exceeding $10,000 and (2) subcontractors of purchase orders for public utility services at rates established for uniform applicability to the general public. (d) The periods of access and examination described in (b) and (e), above, for records which relate to (1) appeals under the "Disputes" clause of this lease, (2) litigation or the settlement of claims arising out of the performance of this lease, or (3) costs and expenses of this lease as to which exception has been taken by the Comptroller General or any of his duly authorized representatives, shall continue until such appeals, litigation, claims, or exceptions have been disposed of. Lease No. D FA 7- -3113,1 SF€i / Lubbock International Airport [.t;bb c „ Texas CORPORATS CERTIFICATE' i, Ranette Bo d certify that 1, am the CitX Secretar of the Corporation atized in tlx: fore of.a^, agreement, that B. C. McMinn wbo signed said agreement on behalfof said corporation, ae then Mayor thereof# that said s Bement was duly signed for and its behalf of said corporation by authority of its aver ing body# and is vit ro tlh�e soope of ,its corporate powers. D, tcd this 20th day of August , 1916 .