HomeMy WebLinkAboutResolution - 3717 - Lease Agreement - G Greenstreet Inc - FAA Hanger Construction, LIA - 09/26/1991i
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RESOLUTION
Resolution No. 3717
September 26, 1991
Item 419
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
�i directed to execute for and on behalf of the City of Lubbock a Lease Agree-
ment with G. Greenstreet, Inc., attached herewith, which shall be spread
j 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
jj copied herein in detail.
Passed by the City Council this 26th day of September , 1991.
B. C. Mc N ,M
ATTEST:
,Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Bern Case, Director of Aviation
APPROVED AS TO FORM:
n C. Ross, Jr., City Attorney
k37J7
LEASE AND SUBLEASE AGREEMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Lease and Sublease Agreement is hereby made and entered
into on this the), 7 V4 day of ��/L���v/�t 1991, by
and between the City of Lubbock and Municipal Corporation,
hereinafter called "Lessor", and G. Greenstreet, Inc., a Texas
corporation, hereinafter called "Lessee."
WHEREAS, Lessor operates the Lubbock International Airport
and the adjoining grounds and facilities compatible with such
operation; and
WHEREAS, Lessor finds it to be in the public interest and to
the best benefit of the citizens of the City of Lubbock to
continue to develop the Lubbock International Airport as a major
air transportation hub; and
WHEREAS, Lessor finds that economic development is a vital
part of the ongoing operations of the Lubbock International
Airport; and
WHEREAS, Lessor is authorized by Section 380.001 of the
Local Government Code of the State of Texas and Article 46d-2,
V.A.T.S. to undertake programs for economic development; and
WHEREAS, the United States of America (Department of
Transportation) has proposed a lease agreement between itself and
the City of Lubbock for the construction of a forty thousand
square foot newly constructed hangar to be located at the Lubbock
International Airport; and
WHEREAS, the operation by the United States of America
Department of Transportation of said hangar after construction
will create a minimum of fourteen to twenty new jobs within the
City of Lubbock; and
WHEREAS, the operation of the proposed hangar by the United
States of America Department of Transportation will facilitate
and augment the facilities of the Lubbock International Airport,
allowing for growth and expansion of said Airport; and
WHEREAS, Lessee has expressed an interest to the City of
leasing from the City certain demised premises hereinafter
described for the purpose of building and constructing the hangar
above mentioned; and
WHEREAS, the City of Lubbock is authorized under Article
380.001 of the Texas Local Government Code to contract with
Lessee for the implementation and administration of its economic
development programs; and
WHEREAS, Lessee has reviewed the proposed lease tendered by
the United States of America to the City of Lubbock; and
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WHEREAS, Lessee has represented to the City of Lubbock that
it has the capacity to construct the hangar in accordance with
the requirements as set forth in said proposed lease between the
United States of America and the City of Lubbock; and
WHEREAS, the City of Lubbock finds that it is in the best
interest of the City to lease certain and demised property
located at the Lubbock International Airport to Lessee for the
purposes of constructing the aforementioned hangar; and
WHEREAS, Lessee has agreed upon completion of the hangar
facility to sublease that facility to the City of Lubbock for the
use by the City in accomplishing its economic development goals
at the Lubbock International Airport; NOW THEREFORE:
THE PARTIES DO HEREBY AGREE AS FOLLOWS:
I.
LEASE
1. In consideration of the sum of ONE DOLLAR ($1.00) and
the further consideration to construct a 40,000 square foot
hangar at the Lubbock International Airport in accordance with
the terms and specifications as contained in a proposed lease
between the United States of America and the City of Lubbock, a
copy of which is attached hereto as Exhibit A and made a part
hereof for all purposes, the Lessor hereby demises and leases
unto the Lessee and the Lessee hereby takes from Lessor the
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demised premises as described in Exhibit B attached hereto and
made a part hereof for all purposes. To have and to hold said
premises for the lease term hereinafter set forth on all the
terms and conditions set forth in this lease.
2. The term of this lease shall be for a period of twenty
(20) years, which term shall commence on the day of execution of
this lease between Lessor and Lessee. However, there shall be
added to such term the length of time required to construct the
hangar facilities herein contemplated, which additional time
shall be determined as set forth in paragraph II, subparagraph
1(a) of this agreement.
3. The demised premises shall mean those premises as
described and set forth on Exhibit B attached hereto and made a
part hereof for all purposes.
4. Lessee hereby acknowledges, agrees and represents that
it will undertake the construction of the 40,000 square foot
hangar to be located at the Lubbock International Airport on the
demised premises as set forth in Exhibit B as soon after the
execution of this Lease Agreement as is practical.
5. Lessee represents that it will prosecute the
construction of the aforementioned hangar with due diligence.
Lessee's proposal calls for a completion date of February 1,
1992; and although that date is considered reasonable by all
parties, Lessee will attempt to meet a January 15, 1992 deadline
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imposed upon the Lessor by the FAA as referenced in Exhibit E
attached hereto and made a part hereof for all purposes.
6. Lessee acknowledges that time is of the essence of this
contract, which fact has been specifically called to the
attention of Lessee as a result of the agreement set forth in
Exhibit A attached hereto and made a part hereof.
7. Lessee agrees to assume the responsibility of procuring
all necessary architects, engineers, contractors and
subcontractors necessary to construct the facility contemplated
by this Lease Agreement.
8. Lessee understands and agrees that the facility to be
built by Lessee as part of the consideration of this Lease
Agreement shall be built to the standards and requirements of the
United States of America Department of Transportation as
expressed in the proposed Lease Agreement attached hereto as
Exhibit A and made a part hereof for all purposes, and to this
end Lessee shall coordinate its construction activities with the
appropriate federal agency to ensure that such facility, upon
completion, shall be acceptable to the United States Government.
9. During the time of the construction of the hangar
aforementioned and until completion of said facility and
acknowledgement by the United States Government that said
facility meets the criteria and specifications of the United
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States of America Department of Transportation, the Lessee shall
provide the following:
a. Workers' compensation and employer's liability
insurance.
b. Owner's protective or contingent public liability
insurance naming the City of Lubbock as an additional
insured and the amount of such policy shall be as
follows:
$ 1,000,000 CSL for bodily injuries, including
accidental death, to any one person, but limited to
$ 1,000,000 CSL per occurrence and $ INCLUDED for
property damage.
C. The Lessee shall obtain a contractor's protective
(contingent) liability insurance policy. The amount of
said policy shall be as follows:
An amount not less than $ 1,000,000 CSL for bodily
injuries, including accidental death to any one person,
but not less than $ 1,000,000 CSL per occurrence and an
the amount not less than $ INCLUDED for property
damage.
d. The Lessee shall procure automobile insurance providing
coverage as follows:
An amount not less than $ 1,000,000 CSL for injuries,
including accidental death to any one person, but not
less than $_1,000,000 CSL per occurrence and an amount
not less than $ INCLUDED for property damage.
The policies above set forth shall name the Lessor as an
additional insured and shall extend coverage to Lessee and all of
Lessee's officers, employees, agents, contractors, subcontractors
and other persons in any way involved in the construction of the
hangar hereinabove mentioned.
10. Lessee shall furnish to Lessor Certificates of
Insurance indicating that the above insurance policies have been
procured by Lessee and containing a provision that no such policy
shall be cancelled or altered during the construction of the
hangar abovementioned without thirty (30) days notice of said
cancellation or alteration being given to the City of Lubbock.
11. Lessee agrees that it will indemnify and save the
Lessor harmless from all claims growing out of any demands of
subcontractors, laborers, workmen, mechanics, materialmen and
furnishers of machinery and parts thereof, equipment, power
tools, all supplies, including commissary, incurred in the
furtherance of the performance of the construction of the hangar
contemplated by this Lease Agreement. When Lessor desires, the
Lessee shall furnish satisfactory evidence that all of the
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obligations of the nature hereinabove designated have been paid,
discharged or waived.
12. Lessee agrees that it shall be solely responsible for
the demised premises and the construction of the hangar as
contemplated by this lease during the period of construction and
prior to an indication by the United States Government that said
hangar has been constructed in accordance with the criteria and
specifications of that proposed Lease Agreement as attached
hereto in Exhibit A. Lessee agrees that if said structure is
damaged by fire, hail, lightning, floods, tornadoes, hurricanes
or any other natural phenomena, acts of God, or act of Nature,
that Lessee shall immediately undertake any and all necessary
repairs, additional construction and any other act necessary to
complete the construction of the aforementioned hangar in
reasonable accordance to the time schedule heretofore mentioned
in this Lease Agreement.
13. Lessee hereby acknowledges that its agents have read
and reviewed the proposed Lease Agreement attached hereto as
Exhibit A and the Letter attached as Exhibit E, and Lessee hereby
agrees that Lessee will hold the Lessor harmless from any claims,
causes of action, demands or liability made by the United States
of America against the City of Lubbock in the event that Lessee
fails to timely perform its obligations as heretofore set forth
in this Lease Agreement.
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14. Lessor hereby agrees with Lessee that in the event
there is a change effected between the Lessor and the United
States of America as to the date of delivery of the hangar
between the City of Lubbock and the United States of America that
the Lessor shall hereby automatically extend the Lessee's time of
completion of the construction of the hangar by the exact same
amount of time extended to Lessor by the United States of America
under any changes, alterations or amendments to Exhibit A.
II.
SUBLEASE
1. Upon completion of the construction of the hangar
heretofore mentioned by Lessee and the acknowledgment of the
United States of America that said hangar has been constructed in
accordance with the terms, provisions, specifications and
requirements of the United States of America, all as set forth in
Exhibit A attached hereto, then in such event, the Lessee does
hereby agree to sublease the demised premises together with the
hangar constructed thereon to the City of Lubbock (hereinafter
referred to as City) and the City does hereby agree to take said
demised premises in accordance with the following terms and
conditions:
a. City agrees to sublease from Lessee the demised
premises aforementioned for a period of twenty (20)
years commencing from the date of completion of the
hangar facilities abovementioned and acceptance of
facilities by the United States of America, which date
shall be reduced to writing between the Lessee and the
City of Lubbock and said writing shall be filed in the
office of the City Secretary of the City together with
a copy of this Lease Agreement.
b. The City does hereby agree to pay to Lessee as
consideration for the sublease of this premises the sum
of $8,600.00 per month with such payment being due from
the City to Lessee on the 1st day of each month during
the existence of the term of this sublease, with the
understanding, however, that said monthly lease payment
shall be prorated in the event that the date of
acceptance as mentioned in subparagraph (a) above is
less than one full calendar month. In the event that
City does not make the payment due Lessee as required
by this subparagraph, then in such event Lessee shall
make written demand upon City allowing City fifteen
(15) additional days from receipt of Lessee's demand to
make the appropriate payment. In the event the City
fails to make the payment after notice, as above set
forth, then Lessee may require the payment from City of
the total amount of lease payments remaining due under
this Sublease.
C. Upon acceptance as set forth in subparagraph (a)
hereof, the City agrees with Lessee that it shall keep
the premises fully insured as to fire and extended
coverage and shall further insure against liability
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claims by and through the City's policy of insurance, a
copy of which is attached as Exhibit D and made a part
hereof. The City agrees that during the term it uses,
occupies and leases the facilities built upon the
property described in Exhibit B attached hereto, City
shall hold Lessee harmless from any claim for damages,
suits, or causes of action in any way arising out of
the City's use of the demised premises or the use of
any person taking possession of said premises by and
through the City, and the City further agrees to defend
Lessee from any such claims, suits, or causes of action
made against Lessee as a result of City's use of said
premises or the use of said premises as made by any
party taking the premises under the City.
d. Lessee agrees that it shall be responsible for any and
all taxes due against the facilities constructed on the
demised premises as set forth in Exhibit B up to
$9,000.00 per year, and City agrees with Lessee that in
the event such property taxes exceed $9,000.00 per
year, that City will be responsible for any taxes due
upon the demised premises in excess of the sum of
$9,000.00 per year.
e. The City agrees with Lessee that City shall be
responsible for all utility costs as a result of the
operation of facilities to be constructed on the
demised premises. Lessee agrees with City that Lessee
shall warrant the construction of the facilities to be
built upon the premises described in Exhibit B for a
period of one year from the date of acceptance as
described in subparagraph (a) of this paragraph. In
addition, Lessee agrees that it shall assign to the
City all manufacturers' extended warranties on
mechanical, electrical and hangar doors installed in
the facilities to be built upon the premises described
in Exhibit B.
f. City agrees that it shall be responsible for all
maintenance on the building and the mechanical features
of the building, including the electrical hangar doors,
after the expiration of one year as aforesaid in the
abovementioned paragraph.
g. The City and Lessee agree that at the conclusion of any
full year of this Sublease Agreement, the City may
terminate this Sublease Agreement as well as the Lease
Agreement by the City paying to Lessee the
consideration as set forth in Exhibit C attached hereto
and made a part hereof for all purposes.
h. In the event the City determines to terminate this
Sublease Agreement and Lease Agreement and complies
with the conditions of Exhibit C attached hereto and
made a part hereof for all purposes, then in such
event, Lessee hereby agrees to execute in favor of the
City any or all necessary documents releasing and
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waiving or abandoning any claimed title, right of
possession, right of entry or any other like or similar
claim as a result of Lessee's rights under this lease
and Sublease Agreement.
2. Notwithstanding any other provision of this lease or
sublease, at the end of twenty (20) years from the date that the
City takes possession and occupies the premises as described in
subparagraph (a) above, all rights, title and interest in and to
said property as described in Exhibit B attached hereto and made
a part hereof, and the facilities constructed thereon, as to the
Lessee shall terminate and the Lessee shall have no further
right, title, interest or claim upon said demised premises or the
facilities constructed thereon and title to the demised premises
and the facilities constructed thereon shall be in the City of
Lubbock.
III.
MISCELLANEOUS
1. It is understood between the parties hereto that Lessee
may assign its interests herein set forth upon written approval
of the City, which approval will not be unreasonably withheld.
2. This Lease and Sublease shall be binding upon the
parties hereto and any of their assigns.
3. City may sublease the premises to any party City may
select.
4. This agreement has been made in and shall be construed
in accordance with the laws of the State of Texas.
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5. This lease and sublease constitute the entire agreement
between the parties hereto.
CITY OF LUBBOCK, TEXAS
B. C. McM NN, MAYOR
ATTEST:
•-1 �;Z�latlz�
�Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Bern Case,
Director of Aviation
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APPROVED AS TO FORM:
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0 L /
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n C. Ross, Jr.,
City Attorney
STATE OF TEXAS §
COUNTY OF LUBBOCK §
Before, a Notary Public, on this day personally appeared
GARY GREENSTREET, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me
that he executed the same for the purposes and consideration
therein expressed and in the capacity therein stated as the act
and deed of said corporation.
N ary Public in and for the
to of Texas
STATE OF TEXAS §
COUNTY OF LUBBOCK §
Before, a Notary Public, on this day personally appeared B.
C. McMINN, Mayor of the City of Lubbock, Texas, known to me to be
the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same for the purposes
and consideration therein expressed and in the capacity therein
stated as the act and deed of the said City.
y "' � ✓ Y�
of Public in and for the
Stat of Texas
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cr, Y
Lease No.
EXHIBIT A
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
800 Independence Avenue, SW
Washington, DC 20591
Attn: Arthur P. Bona, Jr.; ALG -240
DTFA07-91-L-01216 Page 1 of 4
THIS LEASE is made and en ere into n thiS tj� 26th day of September ,
19 91 , by and between tne ity of °Lubbock, TeAM-,
hereinafter referred to as the lessor and the UNITED STATES OF AMERICA,
Department of Transportation, Federal Aviation Administration, hereinafter
referred to as the Government.
WITNESSETH: The parties hereto for the considerations hereinafter mentioned,
covenant and agree as follows:
1. The lessor hereby leases to the Government the following described
premises:
Approximately 40,000 square feet of newly -constructed hangar space
at the Lubbock, Texas, International Airport Said
space will be constructed in accordance with the specifications
contained in the Request for Proposals dated'July 17, 1991.
/-/,r- 9z AWA_
2. To have and to ld said premises with their appurtenances for the
term beginning through December 31, 1992 subject
to the termination a d renewal rights as may be hereinafter set forth.
3. The Government shall pay the lessor the annual rent of $118,800.00
at the rate of $9900.00 per month in arrears. All rent shall be
prorated based on actual occupancy of the leased premises. Rent checks shall
be made payable to the lessor at the address shown elsewhere in this
agreement.
4. The lessor shall furnish to the Government, as a part of the rental
consideration, the following:
a. Adequate heat in the building to maintain a
- temperature of 72 degrees (F) whenever the outside
temperature is 65 degrees (F) or below.
b. Hot and cold running water for all purposes, including
drinking water.
c. Sanitary facilities including showers for male and
female employees.
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Lease No. DTFA07-91-LO1216 Page 2 of 4
d. The hangar space shall be square or rectangular in "
shape without center supports. A hangar door leading to
the airport ramp area with dimensions of 100 feet by 24
feet shall be provided. Access to the airport taxiways
and runways is required.
e. Security fencing and lighting around the leased
premises. Additional security devices may be specified at
a later date. -The reimbursement of costs for any
additional security devices shall be the subject of
negotiation and agreement by both parties to this
agreement.
f. 1500 - 2000 square feet of finished office space shall
be included within or attached to the hangar space.
Sufficient fluorescent lighting and office grade wall and
floor coverings shall be provided. Adequate heating and
air conditioning within the office area is required to
maintain a comfortable working environment.
g. An overhead -type, electrically operated garage door
and access to a public highway shall be provided. Said
garage door and access road shall be sufficiently sized
and durable to allow easy passage by semi -tractor trucks
with trailers into the hangar facility. The floor of the
hangar facility shall be concrete of a sufficient
thickness and reinforced as necessary to support semi -
tractor trucks with trailers. This floor shall be sealed
to prevent absorption of oil drips and spills.
h. Lighting in the hangar bay areas shall be a minimum of
30 foot candles.
i. The building shall be fully secured with locking
devices installed on all building openings. All locking
devices shall be of a type specifically designed to deter
tempering and break-in. All exterior doors shall be
equipped with pinless hinges.
j. Utility meters shall be installed in such a way that
they may be read without compromising building security.
Outside or remote meter reading is highly desirable.
r k. Three telephone lines shall be provided. Push-button
telephone instruments shall be provided and installed at
locations that will be determined at a later date.
1. 100 KVA power shall be provided. A sufficient number
of electrical outlets shall be provided within the hangar
and office area for facilities of this type.
Lease No.
DTFA07-91—L-01216
Page 3 of 4
m. The hangar area shall be provided with a sufficient
number of exhaust fans that vent to the outside. These
exhaust fans must be of sufficient size and number to
rapidly evacuate engine fumes and other odors from the
hangar bay area.
n. The leased premises shall be constructed to meet all
applicable local fire and building codes and ordinances.
5. This lease may be reng gg at the option of the Government from year
to year at an annual rate of ,800.00 and otherwise upon the terms
and conditions herein specified. The Government's option shall be deemed
exercised an 0 the lease renewed each year for one year unless the Government
gives days notice that it will not exercise its option, before
this or any renewal thereof expires; PROVIDED, that no renewal thereof shall
extend the period of occupancy of the premises beyond the 31st day of
December, 1996 ; AND PROVIDED FURTHER, that adequate appropriations
are available for the payment of rentals.
6. 'The Government shall have the right during the existence of this
lease or.any renewal thereof, with the concurrence of the lessor, to make
alterations, attach fixtures, and erect additions, structures, and signs in or
upon the premises hereby leased. Said fixtures, structures, and additions
shall be and remain the property of the Government and may be removed by the
Government prior to the expiration of termination of this lease or any renewal
thereof.
7. The lessor agrees to make monthly utility payments for all utility
usage associated with the leased facility. Every three months the lessor will
submit an invoice of all utilities with copies of actual utility bills to the
Contracting Officer. The Contracting Officer will review the invoice and
promptly process payment of the consolidated utility bill to the lessor.
8. The lessor agrees that all present and future costs associated with
taxes, insurance, assessments, maintenance, lawn care, and other charges
except actual utility charges of consumed utilities are included in the rent
_charged to the Government. The scheduling of routine maintenance and repairs .
-= th`at may become necessary to the leased premises shall be accomplished by
mutual agreement between the lessor and the Contracting Officer.
9. The lessor shall provide as soon as possible and not less than
15 days of execution of this lease agreement two sets of construction
drawings. The Government shall provide the lessor with any comments and will
show any modifications required on the drawings and return on copy of the
Lease No. DTFA07-91-L-01216
Page 4 of 4
drawings with modifications shown within 15 days of receipt. Any'costs
associated with any modifications determined to be outside the scope of the
specifications contained in the Request for Proposals will be subject to
negotiation and mutual agreement by the lessor and the Government.
10. Any modification(s) to this agreement shall be reduced to writing
and signed by the Government and the lessor. Said modification(s) shall be
sequentially numbered and be incorporated into this agreement. All
consolidated utility bills and necessary correspondence to the Government
shall be sent to: -
Federal Aviation Administration
800 Independence Avenue, SW
Washington, DC 20591
Attn: Arthur P. Bona, Jr., ALG -240
All rents, condolidated utility bill payments, and necessary correspondence to
the lessor shall be sent to:
Mr. Rod Paine
Deputy Director of Aviation
for Finance/Marketing
Lubbock International Airport
Route 3, Box 389
Lubbock, TX 79401
11. The following additions and attachments are included and made a part
of this lease agreement.
a. General Provisions of U.S. Government Leases (10 pages).
b. Request for Proposals dated July 17, 1991. (4 pages).
c. Acknowledgement Form. (1 page)
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as
of the date first above written.
LESSOR
By:
By:
UNITED STATES OF AMERICA
Title: Title: Contracting Officer
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
800 Independence Avenue, SW
Washington, DC 20591
Attn: A.P. Bona; ALG -240
.Ju. 17
Date:
Introduction:
The Federal Aviation Administration (FAA), an agency of the Federal Government
is interested in leasing approximately 40,000 net square feet of
hangar/warehouse type space. Included within this space approximately 1500 to
2000 net square feet of office space is also required. Parking for 10
vehicles is required immediately adjacent to the space is also required.
Location:
The location of the leased space must be within an area
limits of the Lubbock, Texas, International Airport
defined by the
Offerors are required to provide evidence that they have or will be able to
obtain an -interest in real estate within the limits of the above-described
area that will enable to supply the required space. Evidence may consist of
leases, Deeds of Ownership, or other evidence attesting to their ability to
secure realty and provide the required spacEr. This evidence must be submitted
as a part of the initial proposal submitted by the offeror.
General Specifications:
_ - 1. The building shall be square or slightly rectangular in shape without
center supports. Taxiway/airport ramp access is required.
2. A hangar door with at least 100 feet opening area is required on the
airport ramp side of the building is required. The building height should be
sufficient to allow twin -engine corporate type aircraft to enter the building.
3. An overhead garage door (electrically operated) with dimensions that will
_enable semi -tractor -trailers to pass through is required on the wall opposite
=fhe hangar door.
4. Access from the garage door to a public highway is required. This access
should be sufficient in layout and durability to enable passage by
semi -tractor trailers.
5. Lighting in the hangar bay area should be a minimum of 30 foot candles.
2
6. The office area layout should generally follow an open bay layout with a
doorway to the outside and two doorways into the hangar area. The office••area
should be finished office -type space with sufficient florescent lighting and
office -grade floor and wall coverings. The office areas must be air
conditioned and heated. Individual mens and ladies rest rooms with shower
stalls are required. A separate conference room of approximately 16 feet by
25 feet with two doors is required within the office area.
7. The hangar bay area need not be air conditioned but heating is required.
Exhaust fans that vent to the outside are required and their size and number
should be sufficient to displace engine fumes and other odors in a rapid
manner.
S. The building should meet NFPA and local codes and ordinances.
9. 100 KVA power is required and a sufficient number of outlets should be
installed in the hangar and office areas for structures of this type.
10. Three telephone lines should be installed. Telephones instruments shall
be provided and installed at locations within the building to be specified at
a later date.
11. The building shall be'fully secured with locking devices installed on all
building openings. All door and other hardware (pinless hinges, etc.) shall
be of a type designed to deter tampering and break=in. Additional security
devices (fencing, lighting, etc.) may be specified at a later date.
12. Concrete flooring in the hangar area shall be of sufficient thickness and
reinforced as necessary to support semi -trailer trucks. Floors shall be
sealed to prevent absorption of oil drips and spills.
13. Utility meters shall be installed in such a way that they may be read
without compromising building security or integrity. Outside or remote meter
reading is preferred.
14. The offeror should indicate when the space will be available for
inspection and occupancy. Time is of the essence in this solicitation, the
FAA desires to take occupancy within 60 days of award.
These specifications are subject to change or revision. If changes or
revisions are required after acceptance of an offer, changes/revisions will be
subject to negotiations and written agreement acceptable to the FAA and the
selected offeror.
Utilities:
The successful offeror will be expected to make monthly utility payments for
all utility usage associated with the building. Every three months, the
successful offeror will submit an invoice for all utilities with copies of
3
actual utility bills to the FAA Contracting Officer. The FAA Contracting
Officer will promptly process payment of the consolidated utility bill to the
successful offeror.
FAA reserves the right to make modifications, install fixtures, and/or erect
additions to the requested space. Said modifications, fixtures, and/or
additions shall remain the property of the Government. FAA shall seek
approval of the successful offeror prior to making any addition or
modification to the building. Said approval will not be unreasonably withheld
by the successful offeror.
mission:
All offerors shall submit proposed floor plan drawings and specifications of
the building as a part of their offer. Said plans will be reviewed against
this request for proposals for conformity. The successful offeror will supply
a set of "as built" or "as modified" plans within 30 days of lease execution
or building acceptance which is later.
Award Factors:
Life -cycle costs, time of delivery, and conformity with this request for
proposals will be the primary rating criteria for selection of the best offer.
Lease Terms and Conditions:
• The FAA will enter into a lease for a firm term of one year with four 1 -year
renewal options. The FAA will require the right to terminate the lease upon
30 days written notice to the lessor after the first year of the lease. The
continuation of occupancy beyond the first year is not guaranteed. The
possibility of continued occupancy beyond the last optional renewal period in
unknown. The successful offaror will be expected to execute a standard U.S.
Government Lease agreement and agree to all applicable general provisions.
Attached are copies of the standard lease form and general provisions.
•-
Interested individuals wishing to respond to this proposal should submit to
the FAA Contracting Officer a detailed proposal that includes the per square
foot, monthly and annual rental rates that would be charged to the FAA for
supplying space in accordance with this request for proposals. All taxes,
insurance, assessments, maintenance, lawn care, and other charges except
utility charges should be included in the proposed rental rate. Janitorial
P .,
4
cleaning services are not required. Offerors should also include in their
proposal all information requested by this solicitation and any other `
information they deem appropriate in connection with this request for space.
Initial offerors are due to the FAA Contracting Officer at the address shown
on the first page -of this request for proposals by the close of business on
August 8. 1991 . All offers will be evaluated and offerors will be given
the opportunity to correct errors/omissions and/or respond to questions
concerning their offers, if any, from the Contracting Officer.
The final award will be made by the Contracting Officer.- Questions concerning
this request for proposals should be directed to the Contracting Officer or
his designated representative as identified below..
Arthur P. Bona
FAA Contracting Officer
202/267-8871
Jack Hi 11-s
FAA Contracting Officer's Representative
202/267-3523
GENERAL PROVISIONS
U.S. Government Lease for Real Property
GENERAL PROVISIONS
I Da11%1T1..%-
tat The terms -contract- and -Contractor" shall mean "lease" and
"Lessor:' respectively
the The abbreviations "FAR- and "CFR" mean "Federal Acquisition
Regulation" and *Vode of Federal Reguintions" respectively
tit The term "Lessor shall provide" means the Lessor shall furnish
and install.
2 St w tTriu. Tau P■t vt-t-
Thr l;o%rrnment may sublet any part of the preimsev but shall not be
relieved from any ubligitions under this Ira. -r by reason of any such
subletting
The Lessor shall maintain the demi3ed premises. including the building
and all equipment. fixturm and appurtenances furnished by the Lessor
under this lease in good rrpasr and tenantable condition. except in case of
damage arising from the act or the negligence of the Government's agents
or employees. For the purpose of so maintaining said premises and
property. the Lessor may at reasonable times. and with the approval of
the authorized Governfnent representative in charge. enter and inspect
the same and make any necessary repairs thereto.
4. Dwk1:c -Bv Fur. On OTmit Cw- u n
If the said prrmast-_ be drstroced by fare or other caitualty. this lease will
immediately terminate. In case of partial destruction or damage. so as to
render the premises untenantable. as determined by the Government. the
Government may terminate the lease by giving written notice to the
Lessor within 15 calendar days thereafter. if so terminated. 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.
.5. Atreulnms
The Government shall have the right during the existence of this lett
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 shad be and
remain the property of the Government and may be removed or otherwise
disposed of by the Government. If ;he lease contemplates that the
Government is the sole occupant of the building. for purposes of this
clause. the leased premises include the lind on which the building is sited
and the_taiilding itself. Otherwise. the Government shall have the right to
tie into or make any physical connection with any structure located on the
-property as is reasonably necessary for appropriate utilization of the
.rased space.
6. Cot ixrio% Rtma.
A joint physical survey and inspection report of the demised premises
will be made as of the effective date of this lease. reflecting the then
present conditions. and will be signed on behalf of the parties hereto.
T. Cove sv-T Awt.•r Co►mvccw FcL%
tat The (tints actor warrants that no person or agency has been
employed or retatnWlto'Iolicit or obtain this contract upon an agreement
or understanding for a contingent fee. except a bona fide emplov.e or
agency For breach or violation of this warranty. the Governmeaf' •1x11
have the right to annul this contract without liability or. in its ditcretiow
to deduct from the contract price or consideration. or otherwise recover
the full amount of the contingent fee.
the "Bona fide agency." as used in this clause. means an establishe
commercial or selling agency. maintained by a contractor for the purp><
of securing business. that neither exert; nor proposes to exert improp•
influence to solicit or obtain Government contracts nor holds itself out n
being able to obtain an Government contract or contracts throug
improper influence.
"Bona fide employee." as used in this clause. means a persol
employed by a contractor and subject to the contractor's supervision an
control as to time. place. and manner of performance. who neither exert
nor proposes to exert improper influence to solicit or obtain Governmer
contracts nor holds out as being able to obtain any Government contra:
or contracts through improper influence.
"Contingent fee." as used in this clause. means any commissior
percentage. brokerage. or other fee that is contingent upon the susses
that a person or concern has in securing a Government contract.
"Improper influence." as used in this clause. means so ittlt�en:
that induces or tends to induce a Government emloyee or officer to ga.
consideration or to act regarding a Government contract on any bas
other than the merits of the matter. tFAR 52.203.51 tAPR 19841
S. Ormius:Ntrr To Belem
No member of or delegate to Congress. or resident commissioner. sha
be admitted to any share or part of this contract. or to any benefit arisir
from it. However. this clause does not apply to this contract to the exter
that this contract is made with a corporation for the corporation's genera
benefit. IFAR 52.203.1) tAPR 19841
9. As=.%mr_%-T Or Cubes
tat The Contractor. under the Assignment of Claims Act. as amende
31 USC 3727. 41 USC 15 thereafter referred to as "the Act" X may asci¢
its rights to be paid amounts due or to become due as a result of tf
performance of this contract to a bank. trust company. or other finarecii
institutions. including any Federal lending agency. The assignee und,
such an assignment may thereafter further assign or reassign its rigi
under the original assignment to any type of financing institutic
described in the preceding sentence.
tb1 Any assignment or reassignment authprized under the Act ar
this clause shall cover all unpaid amounts payable under this contra:
and shall not be made to more than one party. except that an assignme-
or reassignment may be made to one party as agent or trustee for tvto
more parties participating in the financing of this contract.
tct The Contractor shall not furnish or disclose to any assignee used
this contract any classified document tincluding this contracts
*.formation related to work under this contract until the Contractit
Officer authorises such action in writing. tFAR 52-232-231 (JAN 19869
10. Glunmta.
tai The right of the Contractor to proceed may be terminated 1
written notice it. after notice and hearing. the agency head or design•
determines that the Contractor. its agent. or another representative —
tli Offered or gave a gratuity (e g., an entertainment or g(ftt to:
officer. official. or employee of the Government; and
121 Intended. by the gratuity. to obtain a con or favorat
treatment under a contract.
(be The facts supporting this determination may be reviewed by at
• court having lawful jurisdiction.
�;avirnment is entitled —
r!t To pursue the same remedies as in a breach of the contract, and
121 In addition to any other damages provided by law. to exemplary
damages of not lean than .1 nor more than 10 times the cont incurred by
the Contractor in giving gratuities to the person concerned. as determined
by the agency head or a designee. iThis subparagraph icr21 is applicable
only if this contract uses money appropriated to the Department of
Defense.t
Ids The rights and remedies of the Government provided in this clause
shall not be exclusive and are in addition to any other rights and remedies
provided by law or under this contract. ,FAR 52.203.31 tAPR 19841
.. ll. Arm-Klc►cau�c Pacxttxaa
jai Definitions.
"Kickback:" as used in this clause. means any money, fee.
commission.credit. gift. gratuity, thing 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 prime contractor.
"Subcontract;' L used in this clause, means a contract or
contractual actiodentered into by a prime Contractor or subcontractor for
the purpose of obtaining supplies. materials. equipment. or services of any
kind under a prime coniract.
"Subcontractor." as used in this clause.
(11 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
(2) includes any person who offers to furnish or furnishes general
supplies to the prime Contractor or a higher tier subcontractor.
"Subcontractor employee." as used in this clause, means any
officer. partner. employee, or agent of a subcontractor.
4b) The Anti -Kickback Act of 1986 (41 U.S.C. 51.58),the Act), prohibits
any person from — 1 C.
Ill Providitfg or attempting to provide or offering to provide any
kickback.
121 Soliciting. accepting. or attempting to accept any kickback: or
131 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)ti) The Contractor shall have in place and follow reasonable
procedures designed to prevent and detect possible violations described in
paragraph ib1 of this clause in its own operations and direct business
relatiorohip"a.
(2) When the Contractor has reasonable grounds to believe that a
violation described in paragraph (b) of this clause may have occurred. the
Ap 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 ibi of this clause.
(4) The Contracting Officer may —
(i) Offset the amount of the kickback against any monies owed
by the United States under the prime contract and/or
luutunua.t.tr u...trt ...� i•r..:.. ........... ... .......... .. .... ...... ..
Contracting Otficer may o•d-r that monies withheld under aul.h
1cx4tii) of this clause b? paid over to the Government unlr.
Government hos already ollset th~ muines under ,uMh.iston -t - t
this clause In either case. the Prune Contractor .hall notil•
Contracting Officer when the monies are withheld
151 The Contractor agrees to incorporate the sub%tance
clause. including subparagraph rco5t. but excepting sLbpar:aatraph �r
all subcontracts under this contract. ,FAR 52.20.1-'.1 iOLT 1988,
12. Arna.tslr CrUtCt A%a Oxul%+w is
The Lessor. as part of the rental consideration, agrees to c^mpl%
all codes and ordinances applicnhle to the ownership and upriatton
building in which the leased space is situated and, at his own exper
obtain all necessary permits and related items.
13. Disn•ria
tat This contract is subject to the Contract Disputes Act of 19
USC 601.613i ithe acct.
ib) Except as provided in the Act. all disputes arising unt:
relating to this contract shall be resolved under this clause.
tel "Claim." as used in this clause, means a written demand or w
assertion by one of the contracting parties seeking. as a natter of
the payment of money in a sum certain. the adjustment or interpre
of contract terms, or other relief arising under or relating to this cot
A claim arising under a contract. unlike a claim relating to that cot
is a claim that can be resolved under a contract clause that provic
the relief sought by the claimant. However. a written demand or N
assertion by the Contractor seeking the payment of money excr
$50.000 is not a claim under the Act until certified as requir
subparagraph ids2i below. A voucher. invoice. or other routine requ
payment that is not in dispute when submitted is not a claim unc
Act. The submission may be converted to a claim under the a
complying with She submission and certification requirements c
clause. if it is disputed either as to liability or amount or is not aete-
in a reasonable time.
idx11 A claim by the Contractor shall be made in writin.
submitted to the Contracting Officer fur a written decision. A claim
Government against the Contractor shall be wubjnt to a written d•
by the Contracting Officer.
12) For Contractor claims exceeding 550.041). the Contractor
submit with the claim a certification that —
ti) The claim is made in good faith:
iiii Supporting data are accurate and .'nmplete to the best
Contractor's knowledge and belief. and
liii) The amount requested accurately reflects the cc
adjustment for which the Contractor believes the Governmerk is Ir
t3itit If the Contractor is in .ndividu.al. the :rrtilicatrun A
executed by that individual.
(iii If the Contractor is not an individual. the certifiruions
executed by —
1 A senior compitny official in :hare at the Cow
plant or location involved. or
1 An officer or general partner of thr Cuntra.tor
overall responsibility for the conduct of the Cunt nictor's affairs
tel For Contractor claims of MOW or less. the Contracting
must, if requested in writing by the Contractor. render a decision
60 days of the request. For Cunt rector -cert i fird claims neer S50.1—
Contracting Officer must, within 60 days. decide the :l.um or nut
Contractor of the date by which the decision will hr musk
(f) The Contracting Officer's decision shall be final unl.
Contractor appeals or files a suit as provided in the Act
1g) The Government shall pay interest on the ammiunt found d
unpaid from ill the date the Contracting Officer re rno-d thr
(properly certified 1f requiredl. or -21 the date pa•ment utherm -re -
due. if that date is later. until the date of payment Simpir mtr
claims shall be paid at the rate fixed by the Sttarrw: .rf the Trei
(REV. t
Act. which is 11PPlIcAllie to till' lxriixd
proirided~in,the dunni which till'
Contracting Officer receives the claim and then at the rate applicable lot
each &month period as fixed by the Treasure Sectetar.v during the
pendens. of the chum
.h, The Contractor shall proceed diligently with performance of this
contract. pending final resolution of any request for relirf. _linm..11)1will.
or action arising under the contract, and comply with any decision of the
Contracting Officer iFAR 52 233.16 iAVH 14841
14 lim-m" 1'A. M►'�T
The Go.ernment will make payment>< under the team 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.
gar Rental payments Rent shall be paid in arrears and will be due on
the first workday of each payment•period. and only as provided for by the
;ease.
ala When the date for commencement of rent falls on the 15th day
of the month or earlier. the initial rental payment under this contract
shall become due on the first workday of the month following the period in
which the commencement of the rent is effective.
121 When the date for commencement of rent falls after the 15th
day of the month. the initial rental payment under this contract shall
become due on the first workday of the second month following the period
in which the commencement of the rent is effective.
ibs Interest Penalty.
111 An interest pehalty shall be paid automatically by the
Government. without request from the Contractor. if payment is not made
by the due date.
12s The interest pentity shall be at the rate established by the
Secretary of the Treasury'under Section 12 of the Contract Disputes Act of
1978 i41 U.S.C. 611, that is in effect on the payment 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 I.
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.
131 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.
i{s 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 amounu
temporarily withheld or retained in accordance with the terms of the
contract. Claims involvini(disputes. and any interest that may be payable.
will be resolved in accordance with the clause at 52.233-1. Dispute_ IAR
52.232.25„APR 1989,
15. I%sruiV.\ 01 PREMII►S
At all times after receipt of offers, prior to or after acceptance of any
offem or during any construction. remodeling, or renovation work. the
premises and the building or any part thereof. upon reasonable and
proper notice. mgs_t be accessible for inspection by the Contracting Officer.
or by arcbrtects. engineers. or other technicians representing him, to
determine whether the essential requirements of the solicitation or the
lease requirements are met. Additionally. the Government reserves the
right. upon reasonable notice. to:
cal inspect and perform bulk sampling and analysis of suspected
ubestos-containing materials-
for monitor the air for asbestos fibers in the space offered or under
lease as well as other areas of the building deemed necessary by the
Contracting ORcer
tel inspect the promises for any leaks. spills. or other potentially
hazardous conditions which may involve tenant exposure to hazardous or
toxic substances le.g. PCBsr.
till inspect the site upon which the space is offered for any current or
Past hazardous waste operations. and ensure that appropriate mitigative
iscliont wttt laktu W i+tttviate any environmentally unsound activities in
accordance with Federal. state. and local regulations.
16 TfRMIVATN)N - POLr(111,11RINAM) BI►IIINfla (FVBa). &39CMiR. OR Omit
11AlAAQ613 MATrRIAI3
If it is discovered that PCBs. asbestos, or other hazardous materials are
present, the Government reserves the right to regtnre the Lessor, at no
cost to the Government. to remove such materials present in the building.
in accordance with EPA regulations, or alternately the Government ma%
terminate the lease. This is in addition to other remedies available to the
Government.
li. NoTirgrATioN Or MB IIAZAADUUs CnNDmON
The Lessor shall promptly notify the Contracting Officer and the tenant
agency official of any leaks. spills. or other hazardous conditions which
involve PCBs in any area of the building.
18. FAILURE IN PEaroRMANCE
The covenant to pay rent and the covenant to provide any service.
utility. maintenance, or repair required under this lease are dependent. In
the event of failure by the Lessor to provide any of these items. the
Government may by contract or otherwise perform the service. mainte-
nance. utility. or repair. and charge to the Lessor any cost incurred by the
Government that is related to the performance of such service.
maintenance. etc.. including any administrative costs. and deduct such
cost from any rental payments. Alternately. the Government may reduce
rental payments by the corresponding value of the contract requirement
not performed. as determined by the Contracting Officer. These remedies
are not exclusive and are in addition to any other remedies which may be
available undsc.tbis.contract or in the law.
19. Lsssoit's Stic rtstlogts
The terms and provisions of this lease and the conditions herein bind
the Lessor and the Lessor's heirs. executors. administrators. successom
and assignees.
20. PRKt REDLY M% FOR DErtmvE COST OR PRKv:c DATA
las 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 Ill 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. 12) a
subcontractor or prcispective 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 13),any
of these parties furnished data of any description that were not accurdte.
the price or cost shall be reduced accordingly and the contract shall be
modified to reflect the reduction.
lbs Any reduction in the contract price under paragraph cal above 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 cls the actual
subcontract or 121 the actual cost to the Contractor. if there was ng,
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.
tall If the Contracting Officer determines under paragraph gar of this
clause that a price or cost reduction should be made. the Contractor agrees
not to raise the following matters as a defense —
til 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 coat 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.
(His The contract was based on ;n agreement about t e total cosi
of the contract and there was no agreement about tfiecost of each iten.
procured under the contract; or
• ; )t l e lie ♦ Ul.....�.v. u. su v......, r..v. ... .�...... ..
of Current Cost or Pricing Data.
t21111 Except as prohibited by subdivision tcx2Kii) 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 of —
IA) 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 date of agreement on the price of the contract tor
price of the modification) and that the data were not submitted before
such date.
iii) An offset shall not be allowed if —
lAl The understated data was known by the Contractor to be
. understated when the Certificate of Current Coat or Pricing Data was
signed: or
i61 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 date of agreement on
price. iFAR 52.215.221 tAPR 19881
21. AMRMAnvc AeTtor► Foot HANDICAPPED WORKERS
(Applicable to leases which exceed $2,500.)
la) General.
11) 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 handicap. The
Contractor agrees to take affirmative action to employ, advance in
employment. and otherwise treat qualified handicapped individuals
without discrimination based upon their physical or mental handicap in
all employment practices such as —
ti) Employment:
iii) Upgrading:
Bait Demotion or transfers:
livi Recruitment:
tv► Advertising:
wit Layoff or termination:
[vii) Rates of pay or other forms of compensation: and
(viii)Selection for training. including apprenticeship.
(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 t29 USC 793) (the Act), as amended.
tit 'Che (contractor agrees to post employment notices stating —
tit the Contractor's obligation under the law to take affirmative
action to employ and advance in employment qualified handicapped
individuals and
Iii) the rights of applicants and employees.
121 These notices shall be posted in conspicuous places that are
available to employees and applicants for employment. They shall be in a
fdrm prescribed by the Director. Office of Federal Contract Compliance
Programs. Department of Labor 1 Director). and provided by or through the
Contracting Officer.
131 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 thi Act and is committed to take affirmative action to
r •.rroloy and advance in employment qualified physically and mentally
e.e- licapped individuals.
ici 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.
td) 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 specifiedly the Director to enforce the terms, including action
for noncompliance. tFAR 52.222.36) (APR 1984)
6 tApplicable to leases which exceed $III I ) t
rat This clause upplres of this contract eracerds $lI), Y)o and M
entered into by negutiation
Ib) The Comptroller General of the 11nited States or a duly author ur.
representative from the General Accounting Office shall, until 3 yea
after final payment under then contract or for any shorter period specefi.
in Federal Acquuetion Regulation #FAR, Subpart 4 7. Contractor Recne
Retention, have access to and the right to examine tiny of the Contrectat
directly pertinent Meuks. documents. paper, or other records involvll
transactions related to this contract.
ect The Contractor agrees to include in first-tier subcontracts unit•
this contract a clause to the effect that the Comptroller general or a die
authorized representative from the general Accounting Office shall. un,
3 years after final payment under the subcontract or for any short.
period specified in FAR Subpart J 7. have accrs to and the right
examine any of the subcontractor's directly pertinent books, documen,
paper. or other records involving transactions related to the subcontrn,
"Subcontract." as used in this clause. excludes i Is purchase orders n
exceeding $10,000 and s21 subcontracts or purchase orders for pub!
utility services at rates established to :apply uniformly to the public. pl
any applicable reasonable connection charge.
Id) The periods of access and examination in paragraphs ibl and
above for records relating to ria appeals under the Disputes Clause.
litigation or settlement of claims arising from the performance of ti
contract. or 131 costs and expenses of this contract to which t
Comptroller General or a duly authorized representative from t.
General Accounting Office has taken exception shall continue until so
appeals. litigation. claims. or exceptions are dispuaed of. -FAR 52.215
tAPR 19841
23. U-41.Omatn-Srrr
4
tApplicable to leases which exceed SIUM.s
tat If, during any 12 -month period -including the 12 months precede
the award of this Zontracti. the Contractor has been or is award
nonexempt Federal contracts nndlor subcontr.icts that have an aggreg:!
value in excess of $19.000. the Camractur :hall comply we
subparagraphs Ib■ 11 through - Ili below. Up)n requr. t. the C'ontrac,
shall provide information necessary to determine the .applicability of u
clause.
Ib) During performing this contract. the Contractor agrees as folio%
(1) The Contractor shall not discriminate against any employee
applicant for emplocment because of.race. cubir. religion. sex. lir natio:
origin.
t21 The Contractor shall take affirmative action to ensure t
applicants are employed. and that empluyeet .err treated dur:
employment. without regard to their race. color. religion. sex. or natio:
origin. This shall include. but not he limited to.
tit employment.
Iii) upgrading,
Issas demotion.
tivi Transfer.
tvi recruitment or recruetmvnt advertising.
avis layoff or termination.
tvii) rates of pay or other f'urms of cumprnaatinn. and
iviiiiselection rer.training. including apprenticeship.
tat The Contractor shall post in conspicuous places aV:iilable
employees and applicants for employment the notices to be provided
the Contracting Officer that explain this clause.
14) The Contractor shall. in all solicitations or ,id%ertitement•
employees placed by or on behalf of the fbntractor. state that all quallt
applicants will receive consideration for employment without rrKare
race. color. religion. sex. or national origin.
151 The Contractor shall send. to each labor union or represrntae
of workers with which it has a collective bargaining narr"ment or ..I'
contract or understanding. the notice to be provided b% the Contra.l
Officer advising the labor uniun ur workers' representative et
Contractor's commitments under this clause, and post pies of the tit--
s
.ci
(REV. B/C_
r
in conspicuous plana .►aailatile to emplaaees and applicants for emPlov-
menl
r6- Thr Contr.ialnr shall con►ph wish F.urtutear Outer 11211 as
amendedand the rule•, r►•gulations. and order of the timtrlara of Labor
its l*hv Contractor shall furnish to the :ontracting a►;rnry all
►aftarnatior. required ha F.arcutne Order 112141+. as :imrndrd and hs the
rego'ations. and orders of the Secn•tara of Labor Standard Form
1ot)-EEO-1,. or any successor form. is the prescribed form to be filed
within ;1(1 days following the award. unless filed within 12 months
preceding the date of award
181 The Contractor shall permit access to its book:. records. ;end
accounts by the contracting agency or the Office of Federal Contract
Compliance Programs-OFCCI'1 for the purla,sr of invesugntlon to
ascertain the Contractor's compliance vrith the applicable rules. regula.
tions. and orders
194 if the OFCVP determines that the Contractor is not in
C
ompliance with this clause tar any rule. regulation. or order of the
Secretary of Labt►r. this contract may be canceled. terminated. or
suspended in whole or in pan and the Contrat:•ir may be declared
ineligible for further Government contracts. under the pru:eedures
authorized in Executive Order i1246. as amended. In addition. sanctions
may be imposed ;end remed,t invoked against the 0-niractnr as provided
in Executive Order 11246. a amended. the rules. regulations, and orders
of the Secretary of Labur. or as otherwise provided by law
t10, The Contractor shall include the terms and conditions of
subparagraph be It through all, of thin 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 subcontrac-
tor or vendor.
file The Contractor shall take each action with respect to subcon-
tract or purchase order as the contracting agency may direct as a means of
enforcing these terms and cohditions. including sanctions for noncompli-
ance. provided. that if the Contractor become• involved in. or is
threatened with. litigation with a subcontractor or vendor as a result of
any direction. the Contractor may request the Unite -d States to enter into
the litigation to protect the interests of the United States.
ice Notwithstanding any other clause in this contract. disputes
relative to this clause will be governed by the procedures in 41 CFR 641.1.
WAR 52.222.26, tAPR 19841
s
of any publicly owned business. at least SI per centum of the stock
which is unconditionaliv owned by one or more aoc►all.v and economical
disadvantaged individuals. and 321 who" management and daily bustaw
ol.erations are controlled by one or more of such individuals Thin ter
alio means a small business concern that is at ie ut 51 fierce!
unconditionalty owned by an economically disadvantaged Indian tribe -
`ative Hawaiian Organization. or a publicly owned business having
least 51 percent of its stock unconditionally owned by one of these entit,.
which has its management and daily business controlled by members .
an economically disadvantaged Indian Tribe or Native Hawaiian Orgai•
nation, and which meets the requirements of 13 CFR 124. The Contract,
shall presume that socially and economically disadvantaged individua
include Black Americans. Hispanic Americans. Native American
Asian -Pacific Americans. Subcontinent Asian Americans. and otht
minorities. or any other individual found to be disadvantaged by ti
Administration pursuant to section Stat of the Small Business Act. Ti
Contractor shall presume that socially and economically disadvantage
entities also include Indian Tribes and Native Hawaiian Organizations
id, Contractors acting in good faith may rely on written represent
tions by their subcontractors regarding their status as either a sm:
business concern or a small business concern owned and controlled I
socially and economically disadvantaged individuals. iFAR 52.219-811 FE
19903
25. ArriRMArIyL Acno% FUR SPWIAL DLsAaLso Amo VIM. -Am ERA V6LRA.K
(Applicable to leases which exceed $10.000.1
feel Definitions.
"Appropriate office of the State Employment Service System.— .
used in this clause. means the local office of the Federal -State nation
system of public employment offices assigned to serve the area where it
employment opening is to be filled. including the District of Columbi
Guam. Puerto Rico. Virgin Islands. American Samoa. and the Tru
Territory df the Pacific Islands.
"Openings that the Contractor proposes to fill from within its oM
organization:' as used in this clause. means employment openings f
which no one outside the Contractor's organization (including at
affiliates. subsidiaries. and the parent companies) will be considered at
includes any openings that the Contractor proposes to fill from regular
established "recall" lista.
"O nings that the Contractor proposes to fill under a customa
-
Pe
and traditional employer -union hiring arrangement." as used in 0
24. Llnucanns O► SM.au BisL%t�.• G,v i�.isu.SMAu Dl-.siiaA.ra..►1a Bt�l.ras
clause. means employment openings that the contractor proposes to f
Coil""
from union halls. under their customary and traditional employer -unit
lApplicable to lease; which exceed 510.000.1
tat It is the policy of the United States that small business concerns
hiring relationship.
"Suitable employment openings:' as used in this clause =
and small business concerns owned and controlled by socially and
ill Includes. but is not limited to. openings that occur in jo
economically disadvantaged individuals shall have the maximum practi-
categorized as —
cable opportunity to participate in performing contracts let by any
lit Production and nonproduction;
Federal agency. including contracts and subcontracts for subsystems.
(iii Plant and office:
assemblies. components. and related services for mayor systems. It is
iiiii Laborers and mechanics;
further the policy of the United States that its prime contractors establish
live Supervisory and nonsupervisory;
procedures to ensure the timely payment of amount, due pursuant to the
tv, Technical: and
terms of their subcontracts with small business concerns and small
(vie Executive. administrative. and professional positions compt
businessronca►ns owned and controlled I t- cocioliv and economically
sated on a salary basis of less than $25.000 a year. and
disadvantaged individuals.
121 Includes full-time employment. temporary employment of ove:
the The Contractor hereby agrees to carry out this policy in the
days. and part-time employment, but not openings that the Contra,.
award. -:-+,f subcontracts to the fullest extent consistent with eff![Ml- ")roposes to fill from within its own organization or under a customary a
contract performance. The Contractor further agrees to cooperate in any
traditional employer -union hiring arrangement. nor openings in .
studies or surveys as may be conducted by the United Sutes Small
educational institution that are restricted to students of that institutio
Business Administration or the awarding agency of the United States as
(be General.
may be necessary to determine the extent of the Contractor's compliance
(1) Regarding any position for which the employee or applicant I
with this clause.
employment is qualified. the Contractor shall not discriminate against It
ice As used in this contract. the term "small business concern" shall
individual because the individual is a special disabled or Vietnam e
mean a small business as defined pursuant to section 3 of the Small
veteran. The Contractor agrees to take affirmative action to empl•
Business Act and relevant regulations promulgated pursuant thereto. The
advance in employment. and otherwise treat qualified special disabled a
term "small business concern owned and controlled by socially and
Vietnam era veterans without discrimination based opt+ their disabil
economically disadvanuged individuals' shall mean a small business
or veterans' status in all employment practices such u.
concern 113 which is at least 51 percent unconditionally owned by one or
oil Employment.
more socially and economically disadvantaged individuals. or. in the case
Iiii Upgrading;
-. 5
etvt Recruitment.
ave Advertising;
ivll layoff or termination.
twill Rates of pity or tither farms of cumpen.atoon. and
tvuitSelection for training. Including apprenticeship.
12) The Contractor agrees to comply with the rules. regulations, and
relevant orders of the Secretary of Labor iSecretaryt issurd under the
Vietnam Era Veterans' Readjustment Assistance Act of t972 the Acta. as
amended.
ac) Listing Openings.
11) The Contractor agrees to list all suitable employment openings
existing at contract award or occurring during contract performance. tit
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.
12) State and local government agencies holding Federal contracts
of 1110.000 or more shall also list all their suitable openings with the
appropriate office of the State employment service.
13) The listing of suitable 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.
lilt 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 Stlte system of subsequent contracts. The Contractor
may advise the State. system when it is no longer bound by this contract
clause.
t5) Under the moat compelling circumstances. an employment
opening may not be suitable for listing. including situations when —
oia the Government's needs cannot reasonably be supplied.
liii listing would be contrary to National security. or
liii) the requirement of listing would not be in the Government's
interest.
(d) Applicability.
all This clause does not apply to the listing of employment openings
which occur and are filled outside the 50 states. the District of Columbia.
Puerto Rico. Guam. Virgin Islands. American Samoa. and the Trust
Territory of the Pacific Islands.
- 12) The terms oP 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.
let Postings.
111 The Contractor agrees to post employment notices stating —
ait the Contractor's obligation under the law to take affirmative
action to employ and advance in employment qualified special disabled
veterans andveterans of the Vietnam era. and
(ii) the rights of applicants and employees.
121 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 afftrma:ive action to employ. and advance
in employment, qualified special disabled and Vietnam era veterans.
. ,0. .. ..
a
11•.IuU fair ni] ill .n.% ...Lrr ., t. i....t ...... ... ....... ... ........ .......
Pules, regulations, and releaant orders of the Secretary Issued pursuant 1
the Act
ago Suhconiracts 'rhe Contractor chnll Include the terms of this clati-
in every sulx•ontract or purchase order of t1111)<111) or more unlrss escrllir
by rules. regulations. or orders of the Secretary The Contractor shall it,
as specified by the Director to enforce the terms. Including action t.
noncompliance. (FAR .522':2-J51 sAI'il 1984,
26. Eunm%nnr Ro.rrnirr, O% Srrttu. DisAslcn Vvtrua., A%u Vr,tas.s Or T.
VIt.T%am ERA
iAppllcable to leases which exceed 3100)01
tat The Contractor agrees to report at least anually. as required by if,
Secretary of Labor. on:
ill The number of special disabled veterans and the number
veterans of the Vietnam era in–that ' •trkforce of the contractor by jo
Category and hiring location. and
121 The total number of new emplo%ees hired during the penis
covered by the report. and sif that total. the number of special disable
veterans. and the number of veterans of the Victnam era.
1bi The above items shall be reported by completing the form entitle
"Federal Contractor Veterans Employment Report VETS -10O."
tcl Reports shall be submitted no lister than March 31 of each yea
beginning March 31. 1988.
ids The employment activity report required by paragraph las21 t
this clause shall reflect total hires during the most recent 12 -month perio
as of the ending date selected for the employment profile report require
by paragraph las II of this clause. Contractors may select an ending daa
ill As of the end of any pay period during the pernt. of Jsnuar
through March 1st of the year the report. is due. or
121 as of December 31. if the Contractor has previous writte
approval from the Equal Employment Opportunity Commission to do s
for purposes of submitting the Employer Information Report EEO
(Standard Form 1001.:
le) The count of veterans reported acturdine to paragraph rat of th,
clause shall be based or voluntary disclosure Fach t'..ntractor subject t
the reporting requirements at 38 VJ.C. _'ill''_d• :hall invite all speci::
disabled veterans and veterans of the Vietnam era aahu wish to benef
under the affirmative action program at ata USC. '_ill'' to identif
themselves to the Contractor. The invitation shall state that th
information is voluntarily provided. that the information will be ker
confidential. that .16closure or refusal ns provide the infurmatinn will nc
subject the applicant or employer to any :adver_e treatment. and that th
information will be used only in :accordance %ith the regulation
promulgated under 38 U S.C. 2012.
if) The Contractor shall include the terms .sf chi: clause in.,ever
subcontract or purchase order of ,'lil.tsst ..r niur• un!" exempted b
rules. regulations. or orders of the _-; rrtary• FAR 5+.222••1: 4XV 196:
27. UTILIZAtION Or W"MF%'ON ♦t It 1N %I I. -.•.t "
applicable to leases which exceel $_i 1%"),
tat "Women -owned small busire--.-t.' a- ..-1.1 :n -ht. 0au=e. mtri!
businesses that are at least. 51 percent ..%ana%i t-. M•tmen .a ho are Unit.
States citizens and who also control and operate the business.
"Control." as used in this clause. means exercising the porter
Take policy decisions.
"Operate." as used in this clause. means 6roeig actively inculaad
the day -today management of the business.
"Small business concern." as vied to this cl.au-r. me:sns a aesnce-
including its affiliates. that is independently uuned and -,operated. rt
dominant in the field of operation in which it it bidding on Governmel
contracts. and qualified as a small business under the criteria and so.
standards in 13 CFR 121.
tb) It is the policy of the United States that w.-mr•t .mantel -am.-
businesses shall have the maximum practicable oppurtuntt% to parer. ••%.I
in performing contracts awarded by any Federal agency
r •
late
(REV. 8/9(
It' The ('on' t alar aKter` to use Us
be, eltorls to give Wnnletl'11Mned
mull buaine•s the nlaainitim practicA114- iggx+rt unity to 111MICipnlP est
the subcontrart� it aMards to the (ullr-1 t vent iuna>u•nt With the
efficient prrl.•rm.ult:gr al Its contract.
.dl The C•InttaCtor may rely on written rrprrerntahnnc by els
subcontractors n•[arding their status as Manitn.nMne.l -•1:111 !ui.ui.•sr,.,
,FAR 5--19-1.t-..►t't; 19N6'
28 Dai e-Fxt a W -•sat, u t
its Taking appropriate personnel action against such employee.
up tit and including termination. or
rte, Iteyuire such employee to satisfactonly participate in a drug
nhuse assistance or rehahilitnl,on program approved for such purposes by
a Federal. date. or local health. Isw enturcement. or other- appropriate
agency
I-, i %take a good faith effort to maintain a drug-free workplace
through implementation of subparagraphs tbsli through (bx61 of this
clause.
(Applicable to leases which equal or exceed
gas Definitions. As used in this clause.
"Controlled substance" means a controlled substance in schedules
through Y of Sect on _1(r! of the Controlled Substances Act 121 l' S C. 8121
and as further defined to regulation at 211 CFR 1108.11 — 1308.15.
"Convictit.n- means n finding of guilt ,including a pies of nolo
contendere, or imposition of sentence. or both. by any judicial body
charged with the responsibility to determine violations of the Federal or
State cin-unal drug: statut-4
-Criminal drug; statute" means to Federal or non -Federal criminal
statute involving the manufacture. distribution. dispensing. possession or
use of an> controlled subst.ince.
'Drug-free workplace" means the sitest for the performance of
work done by the Contractor in curiiiection with a specific contract at
which employees of the Contractor are prohibited from engaging in the
unlawful manufacture. distribution. dispensing. pos-t-,stun. or use of a
controlled substance.
"Employe" means an employee of a Contractor directly engaged
in the performance of Mork under a Government contract. "Directly
engaged" is defined to include all direct coat employees and any other
Contractor employee whey has other than a minimal impact or involve-
ment in contract performance.
'Individual- means an offeror 'contractor that has no more than
one employee including the offeror contractor.
the The Cuntractor, if other than an individual. shall -- within 30
calendar days after award runless a longer period is agreed to in writing
for contracts of 30 calendar days or more performance durations or as
soon as possible for contracts of leas than 30 calendar days performance
duration —
11s Publish a statement notifying its employees that the unlawful
manufacture. distribution. dispensing. possession. or use of a controlled
substance is prohibited in the contractors workplace and specifying the
actions that will be taken against employees for violations of such
prohibition: :. —
(21 Establish an ongoing drug-free awareness program to inform
such employees about —
lis The dangers of drug abuse in the workplace:
tics The contractor's policy of maintaining a drug-free workplace.
still Any available drub counseling. rehabilitit lull. and employee
assistance programs. and
give The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace.
131 Provide all employees engaged in performance of the contract
with a copy oLthe statement required by subparagraph (bili of this
clause.- --, -
14i Noti v such employees in writing in the statement required by
subparagraph ibs 11 of this clause that as a condition of continued
'employment on this contract. the employee will —
tis Abide by the terms of the statement: and
iiia 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 calendar days after such conviction.
(51 Notify the Contracting Officer in writing within 10 calendar
days after receiving notice under subdivision lax4Niis of this clause. from
an employee or otherwise receiving actual notice of such conviction. The
notice shall include the position title of the employee:
161 Within 30 caltnJar dols after receiving notice under subdivision
fbl(41it) of this clause of a conviction. take one of the following actions
with respect to any employee who is convicted of a drug abuse viol;l'ibi+'
occurring in the workplace'
ict The Contrnctor, if an individual. agrees by award of the contractor
acceptance of a purchase order. not to engage in the unlawful
manufacture. distribution. dispensing. po"ession. or use of a controlled
substance in the performance'of this contract.
ld1 In addition to other remedies available to the Government, the
Contractor's failure to comply with the requirements of paragraphs Ib) or
,c1 of this clause may. pursuant to FAR 23.506. render the Contractor
subject to suspension of contract payments. termination of the contract for
default. and suspension or debarment. tFAR 52.223-61 IJUL 1990)
29. PRoltrn. THE Govatm-Am-T s IraERtsT WHsae St.aco.'rMAcn.'gG WITH CONrRAC-
TtiR DERANNE0. St•SrENDM OR PRorosEn Fox DEBARMENT
.Applicable to leases which exceed $25.0001
tat The Government suspends or debars Contractors to protect the
Government's interests. Contractors shall not enter into any subcontract
equal to or in excess of 525.000 with a Contractor that has been debarred.
suspended. or proposed for debarment unless there is a compelling reason
to do so. If a contractor intends to 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 Procurement Programs'.
s corporate officer or designee of the Contractor shall notify the
Contracting Officer. in writing. before entering into such subcontract. The
notice must include the following
(11 The name of the subcontractor.
121 The Contractor's knowledge of the reasons for the subcontractor
being on the list of Parties Excluded from Procurement Programs;
t3t The compelling reason(s) for doing business with the subcontrac-
tor notwithstanding its inclusion on the list of Parties Excluded from
Procurement Programs: and
141 The systems and procedures the Contractor his 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. suspension. or proposed debarment.
tb1 The Contractor's compliance with the requirements of 52.209-6 will
be reviewed during Contractor Purchasing System Reviews (see FAR
Subpart 44.31. iFAR 52.209.61 (MAY 19891
30. CLEAs Au A.0 W ATEs
,Applicable to leases which exceed 5100.000.1
tat "Air Act." as used in this clause. means the Clean Air Act l42 USC
7401 et seq.l. "Clean air standards." arused in this clause. means —
t1i Any enforceable rules. regulations. guidelines. standards.limita-
tions. orders, controls. prohibitions. work practices. or other requirements
contained in. issued under. or otherwise adopted under the Air Act or
Executive Order 11738:
121 An applicable implementation plan as described in section
110(d1 of the Air Act t42 USC 74101d1r.
131 An approved implementation procedure under section 111tct or
section 111id1 of the Air Act 142 USC 7411(ct or Idsr. or
141 An approved implementation procedure or plan under section
112id1 of the Air Act t42 USC 7412td)s.
"Clean water standards:' as used in this clause. means any
enforceable limitation. control. condition. prohibition. standard. or other
requirement promulgated under the Water Act or contained in a pe
rmit
issued to a discharger by the Environmental Protection Agency or by ..
State under an approved program. as authorized by "�M� 402 of nC'
Water Act 133 U.S.C. 13421. or by local government to ensufTG6mp
with pretreatment requisitions as required by section 307 of the Water
Act 03 USC 13171.
• ; jl••tlten air lir %%attr standards. or
(2) A schedule or plan ordered or approved by a court of competent
jurisdiction. the Environmental Protection Agency. or an air or water
pollution control agency under the requirement.+ of the Air Act or Water
Act and related regulations.
-Facility.- as used in this clause. means any building. plant.
installation. structure. mine. vessel or other floating craft. fixation. or site
or operations. owned. leased. or supervised by a Contractor or subcontrac-
tor. used in the performance of a contract or subcontract. When a location
or site of operations includes more than one building. plant. installation.
or structure. the entire location or site shall be deemed a facility except
when the Administrator. or a designee. of the Environmental Protection
Agency. determines that independent facilities are collocated in one
geographical area.
"Water Act." as used in this clause. means Clean Water Act 03
C.SC 1251 et seq.).
(b) The Contractor agrees —
ill To comply with all the requirements of section 114 of the Clean
Air Act 142 USC 74141 and section 308 of the Clean Water Act (33 USC
1318) relating to inspection. 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. and all regulations and guidelines issued
to implement those acts before the award of this contract;
121 That no portion of the work required by this prime contract will
be performed in a facility listed on the Environmental Protection Agency
List of Violating Facilities on the date when this contract was awarded
unless and until the EPA eliminates the name of the facility from the
luting;
• 131 To use best efforts to comply with clean air standards and clean
water standards at the facility in which the contract is being performed;
and
(4) To insert the -substance of this clause into any nonexempt
subcontract. including this subparagraph ibz4t, tFAR 52.223.21 (APR 19841
31. LutrfAmn Os P%v4w sTo*I.%rut:scc Cmu.. FEDERAL TaastuTwss
!Applicable to leases which exceed $100.0001
sap 1kfinrttons.
Agency " as used in this clause. means executive agency as
defined in 2.101.
-Covered Federal action. -as used in this clause. means any of the
following Federal actions:
(a) The awarding of any Federal contract.
tb) The making of any Federal grant.
tet The making of any Federal loan.
(d) The entering into of any cooperative agreement.
(e) The extension. continuation, renewal. amendment, or modifica.
tion of anv Federal contract. grant. loan. or cooperative agreemcq
Indian tribe" and -tribal organisation." as used in this :rause.
have the meaning provided in section 4 of the Indian Self•Determinauun
and Education Assistance Act t25 U.S.C. 450B) and include Alaskan
Natives.
Influencing or attempting to influtnce-" as used in this clause.
means making. with the intent to influence. any communication to or
appearance before an officer or employee of any agency. a Member of
Congress. an officer or employee of Congress. or an employee of a Member
of Congresa-iif connection with any covered Federal action.
. ' Local go,, rnmeni." as used in this clause. means a unit of
government in a State and. if chartered. established. or otherwise
recognized by a State for the performance of a governmsntal.duty.
including a local public authority. a special district. an intrastate district.
a council of governments. a sponsor group representative organization.
and any other instrumentality of a local government.
-0/%icer or employee of an agency. "as used in this clause. includes
the following individuals who are employed by an agency:
fat An individual who is appointed to a position in the Government
under title 5. United States Code. including a position under a temporary
appointment.
\l.l• s. 19. Is .. . ....... .
t .ci A special t;uvernnirnt employee, u definrd ui %fttion hl':_ t t
18. United States Code -
•di An individual who is A nirmtwr of a Federal advi-tory commtih-
ns defined by the Fnleral Advisory Committee Act. title 5. United Stat.
Crate. spl•endix 2.
"/'erton."as used ni this clause. means an mdi%idual. corpnr.itm
company, association. authority. firm. partnership. %,Sciety. State. .0
local government. regardless of whether such entity is operated for prat
or not for profit. This term excludes an Indian tribe. tribal organization.
any other Indian orizanization with respect to expenditures spectfical
permited by other Federal law.
"Rensunable campensutton." as used in this clause. means. wit
respect to a regularly employed officer or employee of any peso
compensation that is consistent with the normal compensation for sol
officer or employee for work that is not furnished to. not funded by. or n
furnished in cooperataion with the Federal Government_
"Reasonable payment."as used in this clause. mrans. with respt•
to professional and other technical services. a payment in an amount th.
is consistent with the amount normally paid lar such services in it
private sector.
`Recipient."as used in this clause. includes the Contractor and
subcontractors. This term excludes an Indian tribe. tribal organization.
any other Indian organization with respect to expenditures specifical
permitted by other Federal law.
"Regularly empluted."as used in this clause. means. with respe
to an officer or employee of a person requesting or receiving a Feder
contract. an officer or employee who is emploved by such person for
least 130 working days within 1 year immediately preceding the date
the submission that initiates agency consideration of such person f
receipt of idN FonCract. An officer or employee who is employed by so.
person for less than 130 working days within 1 year immediate
preceding the date of the submission that initiates agency consideration
such person shall be considered to be regularly empin}td as soon as he
she is employed by such person for 130 working days.
'State. **as used in this clause. mean<.t State of the United Stat(
the District of Columbia. the Communwcalth ret I'urrin Riau. a territory
possession of the United States. an agency or intrumentality of a Stat
and multi -State. regional. or interstate entity haying governmental duti
and powers.
1b) Prohibitions.
111 Section 1.,352 of title 31. United States Code. among other thin:
prohibits a recipient of a Federal contract. grant. loin. or cooperati
agreement fru f; Q.i,aig• appropriated fund: to pay any person f
influencing or attempting to influence an officer or employer of at
agency. a Member of Congress. an officer or employee of longress. or .
employee of a Member of Congress in connection with any of the rollowt,
covered Federal actions the iwardinit of arty F. -demi tnctract. the make:
of any Federal grant: the retaking •,f any Federal I.rnn: the entering into
any cooperative agreement: or the modification ret' any Federal contra
grant. loan. or cooperative agreement.
12) The Act also requires Contractors to furnish a disclosure if a
funds other than Federal appropriated fund+ -including prong or t
received under a covered Federal transaction- have been paid. or •►ill
paid. to any person for influencing or attempting to influence an officer
employee of any agency. a /Member of Contfress. an crficer or employee
Congress. or an employee of a Member of Congress in connection with
Federal contract. grant. loan. or cooperative agreement.
(3) The prohibitions of the Act do not apply under the follow!
conditions:
(i) Agency and legislative liaison by own enipl.nees.
tAi The prohibition on the use of appropriated funds.
subparagraph tbs 1 r of this clause. does not apply in the case of a paynt••
of reasonable compensation made to an officer or employee of a per-
requesting
errequesting or receiving a covered Federal action if the p.% mrnt It.-
agency
.agency and legislative liaison activities not directly related to a .wl••i
Federal action.
e •
(REV. 8/9
.tit For purlio.es al subdivision ibMJst%Ar of this clause.
providing .in% utlorntation slwctftcalI% requested by an Rgency or Congrrss
is pt•rootird .tt an. tone
I0 The lotluwtnt; agency and legislative liaison activities are
permitted .at arty time %%here they are not related to it specific solicitation
for am ctnered Federal action:
.1, .11tscussing with an agency the qualities and character(` -
ties nncluding indt%idual demonstrationst of the person's products or
ser►c -s. cundtuor►x or terms of sale. and service capabilities.
•2• Technical discussions and other activities regarding; the
spplicatiun or adaptation of the person's products or services for an
agenc% s u=e
iDe The following agency and legislative liaison activities are
permitted where they are prior to formal solicitation of any covered
Federal action —
rir Providing any information not specifically requested but
necessary for an agency to retake an informed decision about initiation of
a covered Federal action;
e:3t Technical discussions regarding the preparation of an
unsolicited propowl prior to its official submission. and
#3• (':►pability presentations by persons seeking awards from
an agency pur:uan: to the provisions of the Small Business Act, as
amended by Pub L WN-Mi7. and subsequent amendments.
iEt Only those services expressly authorized by subdivision
rbs311iwA of this clause are permitted under this clause.
rise Pr-afrssionol and technical sen -ices.
1Ai The prohibition on the use of appropriated funds, in
subparagraph lbs 11 of this clause. does not apply in the case of —
i I r A payment of reasonable compensation made to an
officer or employee of a person requesting or receiving A covered Federal
action or an extensiorp, continuation. renewal. amendment. or modifica-
tion ora covered Federal action, if payment is for professional or technical
services rendered directly in the preparation. submission. or negotiation of
any bid. proposal. or application for that Federal action or for meeting
requirements imposed by or pursuant to law as a condition for receiving
that Federal action.
•21 Any reasonable payment to a person. other than an
officer or employee of a person requesting or receiving a covered Federal
-action or an extension. continuation. renewal. amendment. or modifica•.
tion of a covered Federal action if the payment is for professional or
technical cervices. rendered directly in the preparation, submission. or
negottpt--. ;icy bid. proposal. or application for that Federal action or
for meetint r.quirements imposed by or pursuant to law as a condition for
receiving that Federal action. Persons other than officers or employees of
a person requesting 9r receiving a covered Federal action include
consultants and trade associations.
iBt For purposes of subdivision tbx3xiixAl of this clause.
`professional and technical services** shall be limited to advice and
analysis directly applying any professional or technical discipline. For
example. drafting of a legal document accompanying a bid or proposal by
a lawyer is allowable.
Similarly. technical advice provided by an engineer on the
performance or operational capability of a piece of equipment rendered
directly in the negotiation of a contract is allowable. However.
communications with the intent to influence made by a professional (such
as a Ircensed lawyer) or a technical person )such as a licensed accountant)
are not allowable under this section unless they provide advice and
or:. a directly applying their professional or technical expertise and
unless the advice or analysis is rendered directly and solely in the
preparation. submission or negotiation of a covered Federal action. Thus.
for example, communications with the intent to influence made by a
lawyer that do not provide legal advice or analysis directly and solely
related to the legal aspects of his or her clients' proposal, but generally
advocate one proposal over another are not allowable under this section
because the lawyer is not providing professional legal services. Similarly.
communications with the intent to influence made by an engineer
providing an engineering analysis prior to the preparation or submission
of a bid or proposal are not allowable under this section since the engineer
is providing technical services but not directly in the preparation.
submission or negot►at►on of a covered Federal action.
et7
1(') Requirements imposed by or pursuant to law ti a conditi.
for receiving a covered Federal award include thotte required by In%
regulation and anv other requirements in the actual award document
1D1 Only those services expressly authorized by subdntsio:
(be34it%Av1) and 12l of this clause are permitted under -this clause.
iEl The reporting requirements of FAR 3.8031ar shall not slit,
with respect to payments of resaonable compensation made to regul;i
employed officers or employees of a person. -
iiii► Disclosure.
(Al The Contractor who requests or receives from an agency
Federal contract shall file with that agency a disclosure form. ONt
standard form LLL. Disclosure of Lobbying Activities, if such person it,
made or has agreed to make any payment using nonappropriated funds,,
include profits from any covered Federal action). which would I
prohibited under subparagraph (bels of this clause, if paid for wit
appropriated funds.
1131 The Contractor shall file a disclosure form at the end
each calendar quarter in which there occurs any event that material.
affects the accuracy of the information contained in any disclosure for:
previously filed by such person under subparagraph (cxl) of this claus
An event that materially affects the accuracy of the information reports
includes —
II) A cumulative increase of 525.000 or more in the amour
paid or expected to be paid for influencing or attempting to influence
covered Federal action: or
(2) A change in the person(s) or individual(s) influencing c
attempting to influence a covered Federal action: or
(31 A change in the officeris), employee(s). or Member
contacted to influence or attempt to influence a covered Federal action
(C) The Contractor shall require the submittal of a certific,
tion, and if required, a disclosure form by any person who requests c
received any subcontract exceeding $100.000 under the Federal contras
tDi All suboontractor disclosure forms (but not certificatior.
shall be forwarded from tier to tier until received by the prime Contracto
The prime Contractor shall submit all disclosures to the Contractir
Officer at the end of the calendar quarter in which the disclosure form
submitted by the subcontractor. Each subcontractor certification shall t
retained in the subcontract file of the awarding Contractor.
(iv) Agreement. The Contractor agrees not to make any paymer
prohibited by this clause.
Iv) Penalties.
(A) Any person who makes an expenditure prohibited und(
paragraph tat of this clause or who fails to file or amend the disclosu.,
form to be filed or amended by paragraph (bl of this clause shall be subje
to civil penalties as provided for by 31 U.S.C. 1352. An imposition ofa civ
penalty does not prevent the Government from seeking any other remec
that may be applicable.
IB) Contractors may rely without liability on the represent:
tion made by their subcontractors in the certification and disclosure fors
ivi) Cost allowabilitr. Nothing in this clause makes allowable t
reasonable any costs which would otherwise be unallowable or unreasn•
able. Conversely, costs made specifically unallowable by the requiremen
in this clause will not be made allowable under any other provision.1FA
52.203.12) (JAN 19901
32. SUD O MAITOR COST OR PRKING DATA
(Applicable to leases expected to exceed S10O.000.1
(a) Before awarding any subcontract exvected to exceed S1002
when entered into, or before pricing any subcontract modiftcat►t,
involving a pricing adjustment expected to exceed $100.000. th
Contractor shall require the subcontractor to submit cost or pricing dat
(actually or by specific identification in writings, unless the price is —
tiI Based on adequate price competition. . -
(2) Based on established catalog or market prices of commerct.
items sold in substantial quantities to the general public; or
(31 Set by law or regulation.
(bl The Contractor shall require the subcontractor certify i
substantially the form prescribed in Subsection 15.801.1 of the Feder:
Acquisition Regulation iFARI that, to the best of its knowledge and bell.
and current as of the date of agreement on the negotiated price of the paragraph lai above requires submm-turn of coat or pricing data for I
subcontract or subcontract modification subcontract. or
rct In each subcontract that excee.ls SloO.000 when entered Into. the 121 The suhstance of the clause at FAR 52215-:5. CuN-Mr.-
Contractor shall Insert either — t'ost or 1'ncmg Unts — M-fificnuons -FAR 5221524,sAI'It 11,45,
.. •.s n .
10
s
(REV. 8/9
Lease No, DTFA07-91-L-01216
A C K N 0 W L E D G E N E N T
I, , certify that I am the
(Name of certifier) (Title of certifier)
of the ,entity named in the attached lease agreement. I also certify that
is the
(Name of signatory) (Title of signatory)
and is authorized to sign this lease agreement and bind said entity to the
terms and conditions of this lease agreement.
(Signature of certifier)
EXHIBIT "C"
BUY OUT PROVISION
Should the City determine that it is in the best interest to buy out
the remaining Lease, it may do so under the following terms:
At the end of:
Year 1
1 2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
$ 900,000
900,000
900,000
900,000
850,000
850,000
850,000
850,000
850,000
700,000
700,000
700,000
700,000
700,000
550,000
450,000
350,000
250,000
150,000
Ownership goes to City per Sub -Lease
Agreement
V
NAVE AND ADDRESS OF AGENCY
The Sanford Agency
P.O. Box 64790
Lubbock, TX 79464
C
101"'i'MrAWMEEK1
NOW
4WEEW
Ir
Binder No.
EMWAWTEMR0F(ARW.jNSWMNE
Liu ftrr20%W1~i,N"
1% 11
I A
ELFCAT . III=
-e-
__
-21 -324-1
0
MPANY
Transamerica Insurance Company
Effective 12:01 a. m 12-1 19 90
Expires FXI 12:01 am ❑ Noon 1-1 .19 91
This binder is issued to extend coverage in the above named
company per expiring policv #
%AME AND MAILING ADDRESS OF INSURED
Description of Operation/Vehicles/ Property except as noted be -1-0.)
City of Lubbock and
Lubbock International Airport
P.O. Box 2000
Lubbock. TX 79457
Type and Location of Property
Coverage/Perils/Forms
Amt of Insurance
Ded.
Col'
P
R
0
P
E
R
T
Y
I
Type of Insurance
Coverage/Forms
Limits of Liability
Each Occurrence
Aggregate
A
Scheduled If Comprehensive Form
Airport
Bodily Injury
$
$
8
r-'
El Premises/Operations
Liability and
I
L
C Products/Completed Operations
Non -Owned
Property Damage
$
I
El Contractual
Aircraft
Bodily Injury &
T
Y
ElOther (specify below)
Li abi 1 -1 ty
Property Damage
$
$
r—.
Med. Pay. $ Per g Per
Combined
11,000,000
Person Accident
L Personal injury
E-1 A El B EIC
I
Personal
Injury
$
Limits of Liability
A
u
El Liability 1:1 Non -owned 0 -Hired
Bodily Injury (Each Person) - $
T
Ell Comprehensive -Deductible $
0-
E] Collision
Bodily Injury (Each Accident) $
M
-Deductible
— $
0
L Medical Payments $
Property Damage $
1
❑ Uninsured Motorist $
Bodily Injury & Property Damage
L
❑
E No Fault (specify):
❑ Other
(specify):
Combined $
❑ WORKERS' COMPENSATION — Statutory Limits (specify states below) 1:1 EMPLOYERS' LIABILITY — Limit $
fInkI111ITInkle ff%Tu —
$1,000 deductible
%AVE AND ADDRESS OF D MORTGAGEE 0 LOSS PAYEE 1:1 ADD'L INSURED
LOAN NUMBER
:,CCP:) 7A ;1 77--)
Pa&Ll—i�Auth.,,ed Date
77�77 M-47,56
09%27;91 11:1
&w
2
U.S. Department
of Transportation
Federal Aviation
Administration
SEP 2 7 1991
'$202 267 5149 FAA i_(ic;ISTIC'S
Mr. Rod Paine
Deputy Director of Aviation
for Finance/Marketing
Lubbock International airport
Route 3, Box 389
Lubbock, TX 79401
Dear Mr. Paine:
EXHIBIT E
SW Indepsr enaa Avc. , SW
Washington., D C. 20591
This will confirm our telephone Conversation of September 21- with Jack
Mills of this agency In rrh ; ch we adv i sed you that a pen and i �ik change
can be made to the proposed lease agreement, This change would
establish the inception date or the lease as of January 15, 1992,
1!S`.eBC of J2nuar,y I. 1992. F!ecs`: have the M.,yvr ilniti3l t'e ppin
ink change where appropriate.
You should understand that although. the Government desires oc_uparicy of
the hangar/storage facility as soon as possible, we will be as
understanding as reasonably possible if unforseen event., -a spire t0
delay construction and -_cmplietion of the facility beyond the Januar,- 15
occupancy date. HawFive;-, we expect that the City or Lubbock. will
exerrise dtie P] ltgeni J'.. and rnake every at Eimpt to deliver, the favi i itl bly
January 15 d�li.er; date.
;t you itci�'o drlf q,��;Cions i ("'f'II)117 i•+ j ► ��L}+ ��: d5� 5 I'V;:J 1
to cont -act me. -
Sincerely,
Arthur P. Rona, Jr,
Real Estate Contracting Officer
(;-� ii 0 2
PLAT OF SURVEY
ON
A 2.79 ACRE TRACT OF LAND OUT OF
SECTION 28, BLOCK A,
LUBBOCK COUNTY, TEXAS
FIELD NOTES
BEGINNING at a 1/2" iron rod, set for the Southwest and beginning
corner of this tract, whence the Southwest corner of Section 28
bears South 00002100" East, 637.34 feet and South 89059'30" West,
895.20 feet;
THENCE North, 347.50 feet to a 1/2" iron rod, set for the Northwest
corner of this tract;
THENCE East, 350.00 feet to a 1/2" iron rod, set for the Northeast
corner of this tract;
THENCE South, 347.50 feet to a 1/2" iron rod, set for the Southeast
corner of this tract;
THENCE West, 350.00 feet to the point of beginning.
CONTAINING 2.79 acres.
CERTIFIED CORRECT
REGISTERED PROFESSIONAL LAND SURVEYOR
WILSON SURVEYING Co., INC.
mw
Registered Professional Land Surveyors
Global Positioning System Surveyors
FB.314-17 3330 70th STREET, SUITE 201 • LUBBOCK, TEXAS 79413 ® 28,010
(806) 792-4731 • FAX (806) 792-1646
J��0�Obin
y
�P
999,53'
n
I
m
0
14' D•B STREET N
7
E -W 3S0'
N
rIt
'L.-19 Ac,
f
M
SCPTEM15F-R '1S01M
v'
v+
SCALE 1 "� 100'
o - 56.T V2'' 12oo
E -W Selo'
9 x,53'
raxiwA)- E -i
FROM TI -415 POINT THE
S.I.J, COR. OF
5@C. Ta 15LK. A OE/�RS
8y°59'3o"W�
i
S O'0V E�
G3'1.34.1 5
65S. -X01)
FIELD NOTES
BEGINNING at a 1/2" iron rod, set for the Southwest and beginning
corner of this tract, whence the Southwest corner of Section 28
bears South 00002100" East, 637.34 feet and South 89059'30" West,
895.20 feet;
THENCE North, 347.50 feet to a 1/2" iron rod, set for the Northwest
corner of this tract;
THENCE East, 350.00 feet to a 1/2" iron rod, set for the Northeast
corner of this tract;
THENCE South, 347.50 feet to a 1/2" iron rod, set for the Southeast
corner of this tract;
THENCE West, 350.00 feet to the point of beginning.
CONTAINING 2.79 acres.
CERTIFIED CORRECT
REGISTERED PROFESSIONAL LAND SURVEYOR
WILSON SURVEYING Co., INC.
mw
Registered Professional Land Surveyors
Global Positioning System Surveyors
FB.314-17 3330 70th STREET, SUITE 201 • LUBBOCK, TEXAS 79413 ® 28,010
(806) 792-4731 • FAX (806) 792-1646
CITY OF LUBBOCK §
COUNTY OF LUBBOCK §
STATE OF TEXAS §
AFFIDAVIT
Before me, the undersigned authority, personally appeared Ranette
Boyd, who, being by me duly sworn, deposed as follows:
My name is Ranette Boyd, I am of sound mind, capable of making this
affidavit, and personally acquainted with the facts herein stated:
I am the custodian of the records of the City Secretary's Office for
the City of Lubbock, Texas. Attached hereto is a true and correct copy of a
letter dated March 6, 1992 from Arthur P. Bona which is filed with
Resolution No. 3717 from the City of Lubbock Permanent Records. These
records are kept by me as City Secretary in the regular course of business,
and it was in the regular course of business of the City Secretary of the
City of Lubbock, Texas or an employee or representatives of the City
Secretary of the City of Lubbock, Texas, with knowledge of the act, event,
condition, opinion, or diagnosis, recorded to make the record or to
transmit information thereof to be included in such record; and the record
was made at or near the time or reasonably soon thereafter. The records
attached hereto are the original or exact duplicates of the original.
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas, on this day personally appeared Ranette Boyd, known to me to
be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that she executed the same for the purposes and
consideration therein expressed.
(Seal)
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 26th day of March, 1992.
A�IiL 1 1 \ - AJ i. -CZ
ary Public, Stateof xas
Commission Expire : 04/03/95
in
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas, on this day personally appeared Ranette Boyd, known to me to
be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that she executed the same for the purposes and
consideration therein expressed.
(Seal)
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 26th day of March, 1992.
A�IiL 1 1 \ - AJ i. -CZ
ary Public, Stateof xas
Commission Expire : 04/03/95
March 6i, 199
Mr. Authur, P. 1tna
Fed ral' Aviation .Admini ation
` ago Z1Aape�C*mO Rve-. -s.w.
Waahir4tem;
IVr. ��v'1tJ 1-. CJS
i
dear -Skips •
Thank you for your .assistance in wrapping up - ths final
details • for your hamar here in - Lubbock. please review the
fozlOwl",-'roiteration GZ our conversations and indicate at
the • botto� '�� .you agrae�. ..• .
I. The ofSiolal ocaupitian' 4ate .-ot the hangar by the
GaVorrmant is to be Marcb 1, 1992.
a. Tho aaaa1Ot ea by the giver ent 'Ot the hangar reflsCting
this . Mate will be formal. iae4* ' by an Lmeridhteht you * ere
pr�ri tti�r to � axtcutcc� .3�tast Chia xtarcbk.
Again, Thank you .for' your help in achioving our goal of
providing.7 you with • the : Was lity that m4ets y=r • needs .
DGV:da
RESOLUTION
Resolution No. 3717
September 26, 1991
Item #19
WHEREAS, the City Council of the City of Lubbock desires to execute
Lease No. DTFA07-91-L-01216 with the Federal Aviation Administration for
hangar space at Lubbock International Airport; and
WHEREAS, the timing of such need for hangar space for the Federal
Aviation Administration requires expedited consideration and procedures by
the City Council of the City of Lubbock; and
!!
WHEREAS, proposals have been solicited and received for construction
of such hangar facilities by the Federal Aviation Administration at Lubbock
International Airport; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor is hereby authorized and directed to execute for and
on behalf of the City of Lubbock, Texas, a Lease and Sublease Agreement by
and between the City of Lubbock and G. Greenstreet, Inc., a Texas corpora-
tion, for hangar facilities, subject to the following conditions:
1) Said Lease and Sublease Agreement with G. Greenstreet, Inc.,
shall not be executed until and unless Lease Agreement No. DTFA07-91-L-
01216 by and between the City of Lubbock and the Federal Aviation Adminis-
tration has been executed; and
2) Said Lease and Sublease Agreement with G. Greenstreet, Inc., a
copy of which is attached hereto, shall be conformed to the Lease Agreement
between the City and the Federal Aviation Administration so that both
agreements are compatible as to their terms and dates of completion.
Said Lease and Sublease Agreement by and between the City of Lubbock and G.
Greenstreet, Inc., shall be in substantially the form which is attached
hereto and upon conformance and execution by the parties shall be spread
upon the minutes of the Council and shall constitute and be a part of this
i Resolution as if fully copied herein in detail.
Passed by the City Council this
i
T:
'i Rane a Boyd, City Secretary
RaneV
APPROVED AS TO FORM:
i
d G. andive rst
Assistant City Attorney
26th day of
September 1991.
B. C. McMINN, MAYOR