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HomeMy WebLinkAboutRESOLUTIONS-1996-048-R-96•
08/02/96
48-R-96
A RESOLUTION
Authorizing the City Manager to Enter into a Lease
to Rent Parking Spaces in City Parking Lot 25
at 1612-16 Maple Avenue
to The U.S. Postal Service
WHEREAS, the City of Evanston is the owner of real property commonly known as City
Parking Lot 25 and located at 1612-16 Maple Avenue; and
WHEREAS, said property is presently used for public off-street parking; and
• WHEREAS, the City Council of the City of Evanston finds that the facility is no longer
necessary, appropriate, required for the use of, profitable to, or in the best interest of the City
of Evanston; and
WHEREAS, The U.S. Postal Service, owners of the property located at 1101 Davis
Street, has proposed to lease the eastern twenty-four (24) spaces in said Lot 25 in order to
provide parking for the use of the Postal Service vehicles; and
WHEREAS, the City Council of the City of Evanston finds that the best interests of the
City of Evanston would be served by the execution of a lease to parties who will continually
utilize said property to its best advantage; and
•
48-R-96
•
WHEREAS, the City Council of the City of Evanston finds that the above goals can be
accomplished by leasing a portion of said Lot 25 to The U.S. Postal Service.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: The City Manager is hereby authorized and directed to sign, and
the City Clerk is hereby authorized and directed to attest on behalf of the City of Evanston a
lease by and between the City of Evanston as Lessor and The U.S. Postal Service, as Lessee for
twenty-four (24) parking spaces at 1612-16 Maple Avenue, Evanston, Illinois, known as Parking
Lot 25, and described as follows:
The Easternmost 102 feet of Lots 7, 8, and 9 in the Resubdivision of Lots 11 and
12 in Block 67 in Evanston, in Section 18, Township 41 North, Range 14, East
of the Third Principal Meridian, in Cook County, Illinois. Commonly known as •
1612-1616 Maple Avenue, Evanston, Illinois.
SECTION 2: This resolution shall be in full force and effect from and after its
passage and approval in the manner provided by law.
ATTEST:
City Clerk C4A)
i �..
Mayor
•
Adopted )I , 1996
2
•
•
•
UNITED STATES
POSTAL SERVICE,.,
Lease
SEDAN PARKING-EVANSTON IL 60201-9998
DUPLICATE
�� UNITEDSTATES -
POSTAL SERVICE
Lease
oM ors. Name a Address:
EVANSTON - SEDAN PARKING(162622-004)
1612-1616 Maple Avenue EVANSTON, IL 60201-9998
COOK County
This LEASE, made and entered into by and between CITY of EVANSTON hereinafter called the Lessor, and the
United States Postal Service, hereinafter called the Postal Service:
In consideration of the mutual promises set forth and for other good and valuable consideration, the sufficiency of
which is hereby acknowledged, the parties covenant and agree as follows:
1. The Lessor hereby leases to the Postal Service and the Postal Service leases from the Lessor the following
premises, hereinafter legally described in paragraph 9, in accordance with the terms and conditions described herein
and contained in the 'General Conditions to U.S. Postal Service Lease,' Section A, attached hereto and made a part
hereof.
Upon which is a 24 paved parking spaces and which property contains areas, spaces, improvements, and
appurtenances as follows:
•
AREA
Net Floor Space
Platform
Parking and Maneuvering
Other:
Driveway
Landscaping
Sidewalks
Total Site Area:
SO.FEET AREA
Joint Use/Common Areas:
7,280
7,280
2. RENTAL: The Postal Service will pay the Lessor an annual rental of: $18, 432. 00
SO. FEET
***Eighteen Thousand Four Hundred Thirty -Two and 00/100 Dollars***
payable in equal installments at the end of each calendar month. Rent for a part of a month will be ,prorated. Rent
checks shall be disbursed as follows:
payable to:
CITY OF EVANSTON PARKING SYSTEM
LOT #25
2100 RIDGE AVENUE
EVANSTON IL 60201-2790
unless the Contracting Officer is notified, in writing by Lessor, of any change in payee or address at least sixty (60)
days before the effective date of the change.
3. TO HAVE AND TO HOLD the said premises with their appurtenances:
FIXED TERM: The term beginning Aug. 01, 1996 and ending July 31, 1998 for a total of
2 years.
46 RENEWAL OPTIONS: None.
RELEASE (.Jan im) 1
i
UNITED STATES
RN POSTAL SERVICE
0. TERMINATION: None.
Lease
6. UTILITIES, SERVICES, AND EQUIPMENT: Lessor, as part of the rental consideration, shall fumish the following
utilities, services and equipment: (see Lessor obligations of General Conditions (A.24) and/or attached addendum for definitions)
7. OTHER PROVISIONS: The following additional provisions, modifications, riders, layouts and/or forms were agreed
upon prior to execution and made a part hereof:
8. The undersigned has completed the 'Representations and Certifications.' (See Section B).
9. LEGAL DESCRIPTION:
A Portion of City Parking Lot #2 to be leased to the U. S. Postal Service.
The Easternmost 102 feet of Lots 7, 8 and 9 in the resubdivision of lots 11 and 12 in
Block 67 in Evanston, in section 18, Township 41 North, Range 14, East of the third
Principal Meridian, in Cook County, Illinois.
•
r-1
LJ
RELEASEPw im) 2
i'' UNITEDSTATES
POSTAL SERVICE
Lease
9 p G
#kECUTED BY LESSOR this
7 day of
r
CORPORATION
CITY OF EVANSTON (a Illinois Corporation)
Affix Corporate Seal
CITY ONAGER
Print Name & Title Signature
Print Name & Title Signature
Print Name & Title Signature
Print Name & Title Signature
Print Name & Title Signature
Print Name & Tdle Signature
Name & Title Signature
Print Name & TMe Signature
Lessor, Address:
Telephone No:
T x yerID:
w
CITY OF EVANSTON
CITY MANAGER
2100 RIDGE AVENUE EVANSTON IL 60201-2790
(708) 6-2936
36— 05 70
Witness
ACCEPTANCE BY THE POSTAL SERVICE
Date: ll// >4 6
HENRY O KLEIN
Contracting Officer
222 S RIVERSIDE PL
STE 1200
CHICAGO IL 60606-6150
Address of Contracting Officer
�signptu a oyContracting`-M.--.,
WITNESS TNESS
RELEASE (Jon 1995) 3
UNITED STATES -
POSTAL SERVICE. Addendum
Facility Name/Locatlon: EVANSTON - SEDAN PARKING (162622-004 ) Project Number:
1612-1616 Maple Avenue EVANSTON, IL 60201-9998 J42278,
USPS shall have exclusive rights to the lot and city agrees to maintain asphalt
surface of lot. LISPS agrees to provide cleaning and removal of trash within the
fenced area during the course of the lease. Also, snow removal shall be provided by
the LISPS.
•
•
RELEASEADDEND, October 1995
UNITED STATES
MIN POSTAL SERVICE_
s
SECTION A
A.1 CHOICE OF LAW
This Lease shall be governed by Federal law.
A.2 DEFINITIONS
As used in this contract, the following terms have the following meanings:
a. 'Contracting officer means the person executing this contract on behalf
of the Postal Service, and any other employee who is a properly authorized
contracting officer; the term includes, except as otherwise provided in the
contract the authorized representative of a contracting officer acting within
the 6rtrts of the authority conferred upon that person.
b. "Successful offeror; "offeror," "contractor,' or "Lessor are
interchangeable and refer to the party whose proposal is accepted by the
Postal Service.
c. 'Lease' and "agreement" are interchangeable and refer to this
document, including all riders and attachments thereto.
A.3 EXECUTION REQUIREMENTS
a. An co -owners and all other persons having or to have a legal interest in
the property must execute the Lease. If the offeror is married, the husband
or wife of the offeror must also execute the Lease. The offeror must submit
adequate evidence of title.
b. If the offeror is a general partnership, each member must sign.
N the offeror is a limited partnership, all general partners must sign.
Where the offeror is an administrator or an executor of an estate, there
must be furnished a certificate of the clerk of the court or certified copy of
the court order showing the appointment of the administrator or executor,
together with a certified copy of the will of the deceased. If there is no will,
or in the event the will of the deceased does not specifically authorize the
administrator or the executor to enter into a contract to lease the proposed
quarters, it will generally be necessary to furnish, in addition to the above
named items, a certified copy of the court order authorizing such
administrator or executor to enter into a lease with the Postal Service.
e. Where the offeror is a trustee, a certified copy of the instrument creating
the trust must be furnished together with any other evidence necessary to
establish the trustee's authority to lease.
f. Where the offeror Is a corporation, leases and lease agreements
entered into must have the corporate seal affixed or in place thereof the
statement that the corporation has no seal.
g. Where the offeror Is a corporation, municipal corporation, fraternal order
or society, the Lease must be accompanied by documentary evidence
affumirg the authority of the agent, or agents, to execute the Lease to bind
the municipal corporation, fraternal order or society for which he (or they)
purports to act. The usual evidence required to establish such authority is in
the form of extracts from the articles of incorporation, or bylaws, or the
minutes of the board of directors duly certified by the custodian of such
records, under the corporate seal. Such resolutions, when required, must
contain the essential stipulations embodied in the Lease. The names and
official titles of the officers who are authorized to sign the Lease must
appear in the document.
•Notices. Any notice to Lessor provided under this Lease or under any
or regulation must be in writing and may be hand delivered or mailed to
Lessor at the address specified on page 3 of the Lease, or at an address
that Lessor has otherwise appropriately directed in writing. Any notice to the
Postal Service provided under this Lease or under any law or regulation
must be in writing and may be hand delivered or mailed, addressed to
General Conditions to USPS Lease
"Contracting Officer, U.S. Postal Service" at the address specified on page
3 of the Lease, or at an address that the Postal Service has otherwise
directed in writing.
A.4 MORTGAGEE'S AGREEMENT
If there is now or will be a mortgage on the property which is or win be
recorded prior to the recording of the Lease, the offeror must notify the
contracting officer of the facts concerning such mortgage and, unless in his
sole discretion the contracting officer waives the requirement, the offeror
must furnish a Mortgagee's Agreement, which win consent to this Lease and
shall provide that, in the event of foreclosure, mortgagee, successors, and
assigns shall cause such foreclosures to be subject to the Lease.
A.5 EQUAL OPPORTUNITY
a. The contractor may not discriminate against employees or applicants
because of race, color, religion, sex, or national origin. The contractor will
take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to race, color,
religion, sex, or national origin. This action must include, but not be limited
to, employment, upgrading, demotion, or transfer, recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees and
applicants, notices provided by the contracting officer setting forth the
provisions of this clause.
b. The contractor must, in all solicitations or advertisements for employees
placed by it or on its behalf, state that an qualified applicants will be
considered for employment without regard to race, color, religion, sex, or
national origin.
c. The contractor must send to each union or workers' representative with
which the contractor has a collective bargaining agreement or other
understanding, a notice, provided by the contracting officer, advising the
union or workers' representative of the contractors commitments under this
clause, and must post copies of the notice in conspicuous places available
to employees and applicants.
d. The contractor must comply with all provisions of Executive Order (EO)
11246 of September 24, 1965, as amended, and of the rules, regulations,
and relevant orders of the Secretary of Labor.
e. The contractor must furnish all information and reports required by the
Executive order, and by the rules, regulations, and orders of the Secretary,
and must permit access to the contractors books, records, and accounts by
the Postal Service and the Secretary for purposes of investigation to
ascertain compliance with these rules, regulations, and orders.
I. If the contractor fails to comply with this clause or with any of the said
rules, regulations, or orders, this contract may be canceled, terminated, or
suspended, in whole or in part; the contractor may be declared ineligible for
further contracts in accordance with the Executive order, and other
sanctions may be imposed and remedies invoked under the Executive order,
or by rule, regulation, or order of the Secretary, or as otherwise provided by
law.
g. The contractor must insert this clause, including this paragraph g, in all
subcontracts or purchase orders under this contract unless exempted by
Secretary of Labor rules, regulations, or orders issued under the Executive
order. The contractor must take such action with respect to any such
subcontract or purchase order as the Postal Service may direct as a means
of enforcing the terns and conditions of this clause (including sanctions for
noncompliance), provided, however, that if the contractor becomes involved
in, or is threatened with, litigation as a result, the contractor may request the
Postal Service to enter into the litigation to protect the interests of the Postal
Service.
RETERMSS (Jan. hMl A-1
UNITED STATES
POSTAL SERVICE
I*
h. Disputes under this clause will be governed by the procedures in 41
CFR 60-1.1.
AA FACIUTIES NONDISCRIMINATION
a. As used in this clause, the term "facility' means stores, shops,
restaurants, cafeterias, restrooms, and any other facility of a public nature in
the building in which the space covered by this Lease is located.
b. The Lessor agrees that he will not discriminate by segregation or
otherwise against any person or persons because of race, religion, color,
age, sex, or national origin in furnishing, or by refusing to furnish, to such
person or persons the use of any facility including any and all services,
privileges, accommodations, and activities provided thereby.
c. ft is agreed that the Lessors noncompliance with the provisions of this
clause shall constitute a material breach of this Lease. In the event of such
noncompliance, the Postal Service may take appropriate action to enforce
compliance, may terminate this lease, or may pursue such other remedies
as may be provided by law. In the event of termination, the Lessor shall be
liable for all excess costs of the Postal Service in acquiring substitute space,
Including but not limited to the cost of moving to such space.
d. The Lessor agrees to include, or to require the inclusion of the foregoing
provisions of this clause (with the terms "Lessor" and Lease" appropriately
modified) in every agreement or concession pursuant to which any person
other than the Lessor operates or has the right to operate any facility. The
Lessor also agrees that it will take such action with respect to any such
agreement as the Postal Service may direct as a means of enforcing this
clause, Including but not limited to termination of the agreement or
concession.
OFFICIALS NOT TO BENEFIT
No member of or delegate to Congress may be admitted to any part or share
of this contract, or to any benefit arising from it. This prohibition does not
apply to the extent this contract is with a corporation for the corporation's
general benefit.
A.8 CONTINGENT FEES
a. The offeror warrants that no person or selling agency has been
employed or retained to solicit or obtain this contract upon an agreement or
understanding for a commission, percentage, brokerage, or contingent fee,
except bona fide employees or bona fide, established commercial or selling
agencies maintained by the Lessor for the purpose of obtaining business.
b. For breach or violation of this warranty, the Postal Service has the right
to annul this contract without liability, or at its sole discretion, to deduct from
the contract price or consideration, or otherwise recover from offeror the full
amount of the commission, percentage, brokerage fee, or contingent fee.
c. Licensed real estate agents or brokers having listings on property for
rent, in accordance with general business practice, and who have not
obtained such licenses for the sole purpose of effecting this lease, may be
considered as bona fide employees or agencies within the exception
contained in this clause.
A.8 ASSIGNMENT OF CLAIMS
a. If this contract provides for payments aggregating V0,000 or more,
claims for moneys due or to become due from the Postal Service under lt
be assigned to a bank, trust company, or other financing institution,
mg any Federal lending agency, and may thereafter be further
igned and reassigned to any such institution. Any assignment or
reassignment must cover all amounts payable and must not be made to
more than one party, except that assignment or reassignment may be made
to one party as agent or trustee for two or more parties participating in
General Conditions to USPS Lease
financing this contract. No assignment or reassignment will be recognized
as valid and binding upon the Postal Service unless a written notice of the
assignment or reassignment, together with a true copy of the Instrument of
assignment, is filed with
1.The contracting officer, and
2.The surety or sureties upon any bonds.
b. Except with the written consent of the Contracting Officer, assignment
of this contract or any interest in this contract other than in accordance with
the provisions of this clause will be grounds for termination of the contract
for default at the option of the Postal Service.
c. Nothing contained herein shall be construed so as to prohibit transfer of
ownership of the demised premises, so long as such transfer is subject to
this agreement.
A.10 COMPLIANCE WITH OSHA STANDARDS
To the extent this agreement is for construction, alteration, and/or repairs,
the Lessor must (i) comply with applicable Occupational Safety and Health
Standards, title 29 Code of Federal Regulations, Part 1910, promulgated
pursuant to the authority of the Occupational Safety and Health Act of 1970;
(ii) comply with any other applicable Federal, State, or local regulation
governing work place safety to the extent they are not in conflict with (i); and
(iii) take all other proper precautions to protect the health and safety of (a)
any laborer or mechanic employed by the Lessor in performance of this
agreement, (b) Postal Service employees, and (c) the public. The Lessor
must include this clause in all subcontracts hereunder and to require As
inclusion in all subcontracts of a lower tier. The term "Lessor" as used in
this clause in any subcontract must be deemed to refer to the subcontractor.
A.11 EXAMINATION OF RECORDS
a. The Postal Service and its authorized representatives will, until three
years after final payment under this contract, or for any shorter period
specified for particular records, have access to and the right to examine any
directly pertinent books, documents, papers, or other records of the
contractor involving transactions related to this contract.
b. The contractor agrees to include in all subcontracts under this contract
a provision to the effect that the Postal Service and its authorized
representatives will, until three years after final payment under the
subcontract, or for any shorter specified period for particular records, have
access to and the right to examine any directly pertinent books, documents,
papers, or other records of the subcontractor involving transactions related
to the subcontract. The term "subcontract as used in this clause excludes:
1. Purchase orders; and
2. Subcontracts for public utility services at rates established for
uniform applicability to the general public
A.12 CLEAN AIR AND WATER
The contractor agrees —
a. To comply with all the requirements of section 114 of the Clean Air Act
(42 U.S.C. 7414) and section 308 of the Clean Water Act (33 U.S.C. 1318)
relating to inspection, monitoring, entry, reports, and information, as well as
other requirements specified in section 114 of the Clean Air Act and section
308 of the Clean Water Act, and all regulations and guidelines issued to
implement those acts before the award of this contract;
b. That no portion of the work required by this 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 listing;
RETERMSS (Jan. 1"5) A-2
UNITED STATES
POSTAL SERVICE
0
c. To use Its best efforts to comply with clean air standards and clean
water standards at the facility in which the contract a being performed; and
d. To insert the substance of this clause into any nonexempt subcontract,
including this paragraph d.
A.13 CLAIMS AND DISPUTES
General Conditions to USPS Lease
1. The date the contracting officer receives the claim (property certified
it required); or
2. The date payment otherwise would be due, if that date is later, until
the date of payment.
h. Simple interest on claims will be paid at a rate determined in accordance
with the Interest clause.
a. This contract Is subject to the Contract Disputes Act of 1978 (41 U.S.C. I. The contractor must proceed diligently with performance of this
601-613) (-the Acr). contract, pending final resolution of any request for relief, claim, appeal, or
action arising under the contract, and comply with any decision of the
b. Except as provided In the Act, all disputes arising under or relating to contracting officer.
this contract must be resolved under this clause.
c. 'Claim,' as used in this clause, means a written demand or written
assertion by one of the contracting parties seeking, as a matter of right, the
payment of money in a sum certain, the adjustment or interpretation of
contract terms, or other relief arising under or relating to this contract.
However, a written demand or written assertion by the contractor seeking the
payment of money exceeding $50,000 is not a claim under the Act until
certified as required by subparagraph d.2 below. A voucher, invoice, or
other routine request for payment that is not In dispute when submitted is
not a claim under the Act. The submission may be converted to a claim
under the Act by complying with the submission and certification
requirements of this clause, if it is disputed either as to liability or amount or
Is not acted upon in a reasonable time.
d.
1. A claim by the contractor must be made in writing and submitted to
the contracting offkw for a written decision. A claim by the Postal
Service against the contractor is subject to a written decision by the
contracting officer.
2. For contractor claims exceeding $50,000, the contractor must
submit with the claim a certification that -
(a) The claim Is made In good faith;
(b) Supporting data are accurate and complete to the best of the
contractors knowledge and belief; and
(c) The amount requested accurately reflects the contract
adjustment for which the contractor believes the Postal Service is
liable.
3.
(a) If the contractor is an individual, the certification must be
executed by that individual.
(b) If the contractor Is not an individual, the certification must be
executed by-
(1) A senior company official In charge at the contractors plant
or location involved; or
(2) An officer or general partner of the contractor having overall
responsibility for the conduct of the contractors affairs.
e. For contractor claims of $50,000 or less, the contracting officer must, if
requested in writing by the contractor, render a decision within 60 days of
the request. For contractor -certified claims over $50,000, the contracting
officer must, within 60 days, decide the claim or notify the contractor of the
date by which the decision will be made.
*The contracting officers decision is final unless the contractor appeals
les a suit as provided in the Act.
g. The Postal Service will pay interest on the amount found due and
unpaid from-
A.14 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS
The following clause is applicable if this contract provides for payments
aggregating $2500 or more.
a. The contractor may not discriminate against any employee or applicant
because of physical or mental handicap, in regard to any position for which
the employee or applicant is qualified. The contractor agrees to take
affirmative action to employ, advance in employment, and otherwise treat
qualified handicapped individuals without discrimination in all employment
practices, such as employment, upgrading, demotion or transfer,
recruitment, advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training (including apprenticeship).
b. The contractor agrees to comply with the rules, regulations, and relevant
orders of the Secretary of Labor issued pursuant to the Rehabilitation Act of
1973, as amended.
c. In the event of the contractors noncompliance with this clause, action
may be taken in accordance with the rules and regulations and relevant
orders of the Secretary of Labor.
d. The contractor agrees to post In conspicuous places, available to
employees and applicants, notices in a form to be prescribed by the
Director, Office of Federal Contract Compliance Programs, provided by or
through the contracting officer. These notices state the contractors
obligation under the law to take affirmative action to employ and advance in
employment qualified handicapped employees and applicants, and the rights
of applicants and employees.
e. The contractor must notify each union or workers representative with
which it has a collective bargaining agreement or other understanding that
the contractor is bound by the terms of section 503 of the Act and is
committed to taking affirmative action to employ, and advance in
employment, handicapped individuals.
f. The contractor must include this clause to every subcontract or
purchase order over $2,500 under this contract unless exempted by rules,
regulations, or orders of the Secretary issued pursuant to section 503 of the
Act, so its provisions will be binding upon each subcontractor or vendor.
The contractor must take such action with respect to any subcontract or
purchase order as the Director of the Office of Federal Contract Compliance
Programs may direct to enforce in these provisions, including action for
noncompliance.
A-15 AFFIRMATIVE ACTION FOR DISABLED VETERANS AND
VETERANS OF THE VIETNAM ERA
If this contract provides for payments aggregating $10,000 or more, the
following clause is applicable.
a. The contractor may not discriminate against any employee or applicant
because that employee or applicant is a disabled veteran or veteran of the
Vietnam era, in regard to any position for which the employee or applicant is
qualified. The contractor agrees to take affirmative action to employ,
advance in employment, and otherwise treat qualified disabled veterans and
RETERMSS Wan. tsss) A-3
UNITEDSTATES
AMM POSTAL SERVICE
veterans of the Vietnam era without discrimination in an employment
practices, such as employment, upgrading, demotion or transfer,
recruitment, advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training (including apprenticeship).
b. The contractor agrees that all suitable employment openings of the
contractor existing at the time of the execution of this contract or occurring
during its performance (including those not generated by this contract and
those occurring at an establishment of the contractor other than the one
where the contract is being performed, but excluding those of independently
operated corporate affiliates) will be listed at an appropriate local office of the
State employment service system where the opening occurs. The
contractor further agrees to provide such reports to the local office regarding
employment openings and hires as may be required. State and local
government agencies holding Postal Service contracts of $10,000 or more
YAP also W an their suitable openings with the appropriate office of the State
employment service.
c. Listing of employment openings with the employment service system will
be made at least concurrently with the use of any other recruitment source
or effort and will involve the normal obligations attaching to the placing of a
bona fide Job order, including the acceptance of referrals of veterans and
non -veterans. The listing of employment openings does not require the
hiring of any particular applicant or hiring from any particular group of
applicants, and nothing herein is intended to relieve the contractor from any
other requirements regarding nondiscrimination in employment.
d. Whenever the contractor becomes contractually bound to the listing
provisions of this clause, it must advise the employment service system in
each State where lt has establishments of the name and location of each
hiring location In the State. The contractor may advise the State system
R is no longer bound by this clause.
Paragraphs b, c, and d above do not apply to openings the contractor
proposes to fill from within its own organization or under a customary and
traditional employer/union hiring arrangement. But this exclusion does not
apply to a particular opening once the contractor decides to consider
applicants outside Its own organization or employer/union arrangements for
that opening.
f. Definitions
1. "All suitable employment openings" includes openings that occur in
the following Job categories: production and non -production; plant and
office; laborers and mechanics; supervisory and non -supervisory;
technical; and executive, administrative, and professional openings as
are compensated on a salary basis of less than $25,000 per year. This
term includes full-time employment, temporary employment of more than
three days' duration, and part-time employment. it does not include
openings the contractor proposes to fill from within its own organization
or under a customary and traditional employer/union hiring arrangement
or openings in an educational institution that are restricted to students of
that institution. Under the most compelling circumstances, an
employment opening may not be suitable for listing, including situations
in which the needs of the Postal Service cannot reasonably be
otherwise supplied, when listing would be contrary to national security,
or when the requirement of listing would otherwise not be in the best
interests of the Postal Service.
2. 'Appropriate office of the State employment service means the
local office of the Federal/State national systems of public employment
offices with assigned responsibility for serving the area where the
employment opening is to be filled.
'Openings the contractor proposes to fill from within its own
organization" means employment openings for which persons outside
the contractors organization (including any affiliates, subsidiaries, and
the parent companies) will not be considered and includes any openings
the contractor proposes to fill from regularly established "recap lists.
General Conditions to USPS Lease
4. "Openings the contractor proposes to fill under a customary and
traditional employer/union hiring arrangement' means employment
openings the contractor proposes to fill from union halls as part of the
customary and traditional hiring relationship existing between lt and
representatives of its employees.
g. The contractor agrees to comply with the rules, regulations, and relevant
orders of the Secretary of Labor issued pursuant to the Vietnam Era
Veterans Readjustment Assistance Act of 1972. as amended.
h. In the event of the contractors noncompliance with this clause, action
may be taken in accordance with the rules, regulations, and relevant orders
of the Secretary.
I. The contractor agrees to post in conspicuous places, available to
employees and applicants, notices in a forth to be prescribed by the
Director, Office of Federal Contract Compliance Programs, provided by or
through the contracting officer. These notices state the contractors
obligation under the law to take affirmative action to employ and advance in
employment qualified disabled veterans and veterans of the Vietnam era,
and the rights of applicants and employees.
j. The contractor must notify each union or workers' representative with
which lt has a collective bargaining agreement or other understanding that
the contractor is bound by the terms of the Act and is committed to taking
affirmative action to employ, and advance in employment, qualified disabled
veterans and veterans of the Vietnam era.
k. The contractor must include this clause In every subcontract or
purchase order of $10,000 or more under this contract unless exempted by
rules, regulations, or orders of the Secretary issued pursuant to the Act, so
its provisions will be binding upon each subcontractor or vendor. The
contractor must take such action with respect to any subcontract or
purchase order as the Director of the Office of Federal Contract Compliance
Programs may direct to enforce in these provisions, including action for
noncompliance.
A.16 GRATUITIES
a. The Postal Service may terminate this contract for default if, after notice
and a hearing, the Postal Service Board of Contract Appeals determines that
the contractor or the contractors agent or other representative -
1. Offered or gave a gratuity (such as a gift or entertainment) to an
officer or employee of the Postal Service; and
2. Intended by the gratuity to obtain a contract or favorable treatment
under a contract.
b. The rights and remedies of the Postal Service provided in this clause
are in addition to any other rights and remedies provided by law or under this
contract.
A.17 HAZARDOUS/TOXIC CONDITIONS CLAUSE
"Friable asbestos material means any material containing more than 1 %
asbestos by weight that hand pressure can crumble, pulverize, or reduce to
powder when dry. Sites cannot have contaminated soil, water or
undisclosed underground storage tanks.
Unless due to the act or negligence of the Postal Service, if contaminated
soil, water, underground storage tanks or piping or friable asbestos or any
other hazardous/toxic materials or substances as defined by applicable
Local, State or Federal law is subsequently identified on the premises, the
Lessor agrees to remove such materials or substances upon notification by
the U. S. Postal Service at Lessors sole cost in accordance with EPA
and/or State guidelines. If the Lessor fails to remove the asbestos or
hazardous/toxic materials or substances, the Postal Service has the right to
accomplish the work and deduct the cost plus administrative costs, from
RETERMSS (lan. rM) A-4
JUUNITED STATES
POSTAL SERVICE
future rent payments or recover these costs from Lessor by other means, or
may, at Its sole option, cancel 099 Lease. In addition, the Postal Service
may proportionally abate the rent for any period the premises, or any part
thereof, are determined by the Postal Service to have been rendered
unavailable to it by reason of such condition.
The remainder of this clause applies if this Lease is for premises not
previously occupied by the Postal Service.
By execution of this Lease the Lessor certifies:
1. The property and improvements are free of all contamination from
petroleum products or any hazardous/toxic or unhealthy materials or
substances including friable asbestos, as defined by applicable State or
Federal law.
2. There are no undisclosed underground storage tanks or associated
piping on the property.
The Lessor hereby Indemnifies the Postal Service and its officers, agents,
representatives, and employees from all claims, loss, damage, actions,
causes of action, expense and/or liability resulting from, brought for, or on
account of any violation of this clause.
A.18 ADVERTISING OF CONTRACT AWARDS
Except with the contracting officers prior approval, the contractor agrees not
to refer in its commercial advertising to the fact that lt was awarded a Postal
Service contract or to imply, in any manner that the Postal Service endorses
its products.
4018 RECORDING
acording Not Required
A.20 SUBLEASE
The Postal Service may sublet all or any part of the premises or assign this
lease but shall not be relieved from any obligation under this lease by reason
of any subletting or assignment.
A.21 ALTERATIONS
The Postal Service shag have the right to make alterations, attach fixtures
and erect additions, strictures or signs in or upon the premises hereby
leased (provided such alterations, additions, structures, or signs shall not be
detrimental to or inconsistent with the rights granted to other tenants on the
property or in the building in which said premises are located); which
fixtures, additions or structures so placed in. upon or attached to the said
premises shag be and remain the property of the Postal Service and may be
removed or otherwise disposed of by the Postal Service. Prior to expiration
or termination of this lease the Postal Service may remove such alterations
and Improvements and restore the premises to as good condition as that
existing at the time of entering upon the same under the lease, reasonable
and ordinary wear and tear and damages by the elements or by
circumstances over which the Postal Service has no control, excepted. If
however, at the expiration or termination of the base or any renewal or
extension thereof, the Postal Service elects not to remove such alterations
and/or Improvements, said alterations and/or improvements shall become
the property of the Lessor and any rights of restoration are waived.
6 APPLICABLE CODES AND ORDINANCES
Lessor, as part of the rental consideration, agrees to comply with all
codes and ordinances applicable to the ownership and operation of the
building in which the rented space is situated and to obtain all necessary
permits and related items at no cost to the Postal Service.
General Conditions to USPS Lease
A.23 DAMAGE OR DESTRUCTION OF PREMISES
If the demised premises or any portion thereof are damaged or destroyed by
fire or other casualty, Acts of God, of a public enemy, riot or insurrection or
are otherwise determined by the Postal Service to be unfit for use and
occupancy, the Postal Service may:
a. terminate this lease as of the date the premises become unfit for use
and occupancy,
b. require the Lessor to repair or rebuild the premises as necessary to
restore them to tenantable condition to the satisfaction of the Postal Service.
For any period the premises, or any part thereof, are unft for use and
occupancy, the rent will be abated in proportion to the area determined by
the Postal Service to be untenantable. Unfitness for use does not include
unsuitability arising from such causes as design, size, or location of the
premises, or
c. accomplish all repair necessary for postal occupancy and deduct an
such costs, plus administrative burden from future rents.
A.24 LESSOR OBLIGATIONS
The Lessor's obligations regarding the services to be provided are further
defined as follows:
a. If heating system and fuel are furnished - Lessor must furnish heating
system together with all fuel required for proper operation of the system
during the continuance of the Lease. The system must be in good working
order and, if maintained by the Lessor, will be maintained in accordance with
the Maintenance Rider attached hereto.
b. If heat is furnished - Lessor must maintain a uniform heating
temperature of 65 degrees F. in all enclosed portions of the demised
premises during the continuance of the Lease.
c. If heating system is furnished - Lessor must furnish heating system in
good working order and, if maintained by Lessor, will be maintained in
accordance with the Maintenance Rider attached hereto.
d. If lighting fixtures and power are furnished - Lessor must provide light
fixtures in good working order as well as pay all recurring electric bills.
e. If light fixtures are furnished - Lessor must provide light fixtures in good
working order.
f. If electricity is furnished - Lessor must pay for all recurring electric bills
and furnish the electrical system during the continuance of the Lease.
g. If electrical system is fumished - Lessor must furnish an electrical
system in good working order having a separate electrical meter.
h. If water system and water are furnished - Lessor must furnish a water
system in good working order and pay for all recurring water bills during the
continuance of the Lease.
1. If water system is furnished - Lessor must furnish a water system in
good working order with separate water meter.
J. if sewerage service is furnished - Lessor agrees to furnish sewerage
systems including all equipment, piping, plumbing, lines, connections, septic
tanks, field lines and related devices, as necessary and to pay all charges,
fees and other costs for such system and services during the continuance
of the Lease.
k. If sewerage system is furnished - Lessor agrees to furnish sewerage
systems including all equipment, piping, plumbing, lines, connections, septic
tanks, field lines, and related devices, as necessary during the continuance
of the Lease.
RETERMSS (jam tzisak A-5
UNITED STATES
iW POSTAL SERVICE
LJ
I. Future Availability of Pubic Water and/or Sewerage Services -
Regardless of Lessors responsibility for water and/or sewerage under this
Lease, If Public water and/or sewerage services are not currently available,
but become available in the future, the Lessor agrees to accomplish
connection, maintain, and pay all fees and costs involved in connecting the
building system to the public water and/or sewerage systems. After
connection, the Postal Service agrees to pay recurring charges for water
consumption and use of sewerage services. If connection of such services
is optional, the Postal Service will determine if the connection is to be made
by the Lessor.
m. If air conditioning equipment and operating power are provided - Lessor
must furnish air conditioning equipment together with all power required for
proper operation of the equipment during the continuance of the Lease. The
equipment must be in good working order and, if maintained by the Lessor,
will be maintained In accordance with the Maintenance Rider attached
hereto.
n. If air conditioning equipment is fumished - Lessor must furnish air
conditioning equipment in the demised premises in good working order and,
if maintained by Lessor, will be maintained in accordance with the
Maintenance Rider included attached hereto.
o. If air conditioning Is furnished - Lessor must maintain a uniform
temperature of no greater than 78 degrees F. in all enclosed portions of the
demised premises and be responsible for servicing of the air conditioning
equipment Including, but not limited to, the replacement of necessary fifters
and refrigerant as required for proper operation of the equipment together
with power, water and other services for its operation.
A.25 LESSOR'S SUCCESSORS
terms and provisions of this Lease and the conditions herein are
Ing on the Lessor, and all heirs, executors, administrators, successors,
and assigns.
A.20 DRUG -FREE WORKPLACE
a. Applicability. This clause applies to all contracts with individuals without
regard to the dollar amount, and to all other contracts over $50,000.
b. Exceptions. This clause does not apply to time contracts that are to be
performed completely outside of the United States, its territories, and
possessions.
c. Definitions. As used in this clause:
1. "Controlled substance" means those substances identified in
schedules I through V, Section 202 of the Controlled Substances Act
(21 U.S.C. 812), and as further defined in 21 CFR Sections 1308.11
through 1308.15.
2. "Conviction" means a finding of guilt (including a finding based on a
plea of guilty or a plea of nob contender) by any judicial body charged
with the responsibility to determine violations of criminal drug statutes.
3. "Criminal drug statute" means a federal or non-federal criminal
statute Involving drug abuse.
4. 'Drug abuse' means the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance.
5. "Employee" means any person directly engaged in the performance
of work under a Postal Service contract.
0.- Individuar means a contractor with no employees other than
himself or herself.
7. "Workplace" means any site where work is being done in
connection with this contract.
General Conditions to LISPS Lease
d. Requirements
1. Contractors, except as individuals, must provide a drug -free
workplace by -
(a) Pubishing, publicly posting, and furnishing each employee a
statement that drug abuse in the workplace is prohibited and
specifying what actions will be taken against employees for
violations of the prohibition;
(b) Establishing a drug -free awareness program to inform all
employees about:
(1) The dangers of drug abuse in the workplace;
(2) The contractors policy of maintaining a drug -free
workplace;
(3) Any available drug counseling, rehabilitation, and employee
assisiance programs; and
(4) The penalties that may be imposed upon employees for
drug abuse violations occurring in the workplace;
(c) Notifying all employees that, as a condition of continued
employment on this contract, the employee must:
(1) Abide by the contractors prohibition of drug abuse in the
workplace; and
(2) Notify the contractor of any criminal drug conviction for a
violation occurring in the workplace within five (5) days of such
conviction;
(d) Notifying the contracting officer within ten (10) days of receiving
a notice of a conviction from an employee or otherwise;
(e) Instituting appropriate personnel action, up to and including
termination, against an employee or requiring the employee to
complete a drug abuse assistance or rehabilitation program
approved by a Federal, State, local health, law enforcement, or other
appropriate agency within thirty (30) days of receiving a notice of
conviction; and
(f) Making consistent and good faith efforts to maintain a drug -free
workplace through implementation of paragraphs d.1.(a) through
d.1.(e), above.
2. The contractor, if an individual, must not engage in drug abuse in
the performance of this contract.
e. Sanctions. Violation of the terms of this clause may be grounds for the
termination for default, and suspension or debarment from eligibility for
future Postal Service contracts.
A.27 DAVIS43ACON ACT
The following is applicable if this agreement covers premises of net interior
space in excess of 6,500 square feet and involves construction work over
$2,000.00.
a. Minimum Wages
1. All mechanics and laborers employed in the contract work (other
than maintenance work of a recurring, routine nature necessary to keep
the building or space in condition to be continuously used at an
established capacity and efficiency for its intended purpose) must be
paid unconditionally, and not less than once a week, without deduction
or rebate (except for deductions permitted by the Copeland Regulations
(29 CFR Part 3)), the amounts due at the time of payment computed at
RETERMSS (Jack. rml A-6
is
UNITED STATES
POSTAL SERVICE
rates not less than the aggregate of the basic hourly rates and rates of
payments, contributions, or costs for any fringe benefits contained in the
wage -determination decision of the Secretary of Labor, attached hereto,
regardless of any contractual relationship alleged to exist between the
Lessor, or subcontractor and these laborers and mechanics. A copy of
the wage -determination decision must be kept posted by the. Lessor at
the site of the work in a prominent place where it can easily be seen by
the workers.
2. The Lessor may discharge its obligation under this clause to
workers in any classification for which the wage -determination decision
contains -
(a) Only a basic hourly rate of pay, by making payment at not less
than that rate, except as otherwise provided in the Copeland
Regulations (29 CFR Part 3); or
(b) Both a basic hourly rate of pay and fringe -benefit payments, by
paying in cash, by irrevocably contributing to a fund, plan, or
program for, or by assuming an enforceable commitment to bear
the cost of, bona fide fringe benefits contemplated by 40 U.S.C.
276a, or by a combination of these.
3. Contributions made, or costs assumed, on other than a weekly
basis (but not less often than quarterly) are considered as havirmg been
constructively made for a weekly period. When a fringe benefit is
expressed in a wage determination in any manner other than as an
hourly rate and the Lessor pays a cash equivalent or provides an
alternative fringe benefit, the Lessor must furnish information with the
Lessors payrolls showing how the Lessor determined that the cost
incurred to make the cash payment or to provide the alternative fringe
•benefit is equal to the cost of the wage -determination fringe benefits.
When the Lessor provides a fringe benefit different from that contained
in the wage determination, the Lessor must show how the hourly rate
was arrived at. In the event of disagreement as to an equivalent of any
fringe benefit, the contracting officer must submit the question, together
with the contracting officers recommendation, to the Secretary of Labor
for final determination.
•
4. If the contractor does not make payments to a trustee or other third
person, the contractor may consider as payment of wages the costs
reasonably anticipated In providing bonafide fringe benefits, but only
with the approval of the Secretary of Labor pursuant to a written request
by the Lessor. The Secretary of Labor may require the Lessor to set
aside assets in a separate account, to meet the Lessors obligations
under any unfunded plan or program.
5. The contracting officer will require that any class of laborers or
mechanics not listed in the wage -determination but to be employed
under the contract will be classified in conformance with the wage -
determination and report the action taken to the Administrator of the
Wage and Hour Division, Employment Standards Administration, U.S.
Department of Labor, Washington, D.C. 20210-W01, for approval.
The contracting officer will approve an additional classification and wage
rate and fringe benefits therefor only if -
(a) The work to be performed by the classification requested is not
performed by a classification In the wage -determination;
(b) The classification is utilized in the area by the constitution
industry; and
(c) The proposed wage rate, including any bona fide fringe
benefits, bears a reasonable relationship to the wage rates
contained in the wage determination.
6. If the Lessor, the laborers or mechanics to be employed in the
classification or their representatives, and time contracting officer do not
agree on the proposed classification and wage rate and fringe benefits
therefor, the contracting officer must submit the question, together with
General Conditions to USPS Lease
the views of the interested parties and the contracting officer's
recommendation, to the Wage and Hour Administrator for final
determination. The Administrator or authorized representative will, within
30 days of receipt, approve, modify, or disapprove every proposed
additional classification action, or issue a final determination if the
parties disagree, and so advise the contracting officer or advise that
additional time is necessary. The final approved wage rate (and fringe
benefits ii appropriate) must be paid to all workers performing work in
the classification under the contract from the first day work is performed
in the classification. The Lessor will post a copy of the final
determination of the conformance action with the wage -determination
determination at the site of the work. (The Department of Labor
information collection and reporting requirements contained in
subparagraph a.5 above and in this subparagraph a.6 have been
approved by the Office of Management and Budget under OMB control
number 1215-0140.)
b. Apprentices and Trainees
1. Apprentices may be permitted to work only when (a) registered,
individually, under a bona fide apprenticeship program registered with a
State apprenticeship agency recognized by the Bureau of
Apprenticeship and Training, U.S. Department of Labor, or, if no such
recognized agency exists in a State, under a program registered with
the Bureau of Apprenticeship and Training, or (b) d not individually
registered in the program, certified by the Bureau of Apprenticeship and
Training or State agency (as appropriate) to be eligible to work only if
individually registered in a program approved by the Employment and
Training Administration, U.S. Department of Labor.
2. The ratio of apprentices to journeymen or trainees to journeymen in
any craft classification must not be greater than that permitted for the
Lessors entire work force under the registered apprenticeship or trainee
program. Apprentices and trainees must be paid at West the applicable
wage rates and fringe benefits specified in the approved apprenticeship
or trainee program for the particular apprentice's or trainee's level of
progress, expressed as a percentage of the journeyman hourly rate
specified in the applicable wage -determination. It the apprenticeship or
trainee program does not specify fringe benefits, apprentices or trainees
must be paid in the full amount of fringe benefits listed on the wage -
determination for the applicable classification unless the Administrator
of Wage and Hour Division determines that a different practice prevails.
Any employee listed on a payroll at an apprentice or trainee wage rate
not registered, or performing work on the job site in excess of the ratio
permitted under the registered program, must be paid the wage rate on
the wage determination for the classification of work actually performed.
3. If the Bureau of Apprenticeship and Training or State agency
recognized by the Bureau (as appropriate) withdraws approval of an
apprenticeship program, or if the Employment and Training
Administration withdraws approval of a trainee program, the contractor
will no kxW be permitted to utilize apprentices or trainees (as
appropriate) at less than the applicable predetermined rate for the work
performed until an acceptable program is approved. (See 29 CFR 5.16
for special provisions that apply to training plans approved or recognized
by the Department of Labor prior to August 20, 1975.)
4. The utilization of apprentices, trainees, and journeymen must be in
conformity with the equal employment opportunity requirements of
Executive Order 11246, as amended, and 29 CFR Part 30.
c. Overtime Compensation
1. The Lessor may not require or permit any taborer or mechanic
employed on any work under this contract to work more than 40 hours in
any workweek on work subject to the provisions of the Contract Work
Hours and Safety Standards Act (40 U.S.C. 327-33), unless the
laborer or mechanic receives compensation at a rate not less than one-
RETERMSS (,ran. tM) A-7
UNITEDSTATES General Conditions to USPS Lease
I
POSTAL SERVICE
10
and -one-half times the laborer's or mechanic's basic rate of pay for all 1. Subcontracts
such hours worked in excess of 40 hours.
2. For violations of subparagraph c.1 above, the Lessor is liable for
liquidated damages, which will be computed for each laborer or
mechanic at $10 for each day on which the employee was required or
permitted to work in violation of subparagraph c.1 above.
3. The contracting officer may withhold from the Lessor sums as may
administratively be determined necessary to satisfy any liabilities of the
Lessor for unpaid wages and liquidated damages pursuant to
subparagraph c.2 above.
d. Payroll and Other Records
1. For all laborers and mechanics employed In the work covered by
this clause, the Lessor must maintain payrolls and related basic records
and preserve them for a period of three years after contract completion.
The records must contain the name, address, and social security
number of each employee, the employee's correct classification, rate of
pay (including rates of contributions for, or costs assumed to provide,
fringe benefits), the daily and weeky number of hours worked,
deductions made, and actual wages paid. Whenever the Lessor has
obtained approval from the Secretary of Labor to assume a commitment
to bear the cost of fringe benefits under subparagraph a.4 above, the
Lessor must maintain records showing the commitment and its
approval, communication of the plan or program to the employees
affected, and the costs anticipated or incurred under the plan or
program. Lessors employing apprentices or trainees under approved
programs must maintain written evidence of the registration of
apprenticeship programs and certification of trainee programs the
registration of the apprentices and trainees, and the ratios and wage
rates prescribed in the applicable programs.
2. The Lessor must submit weekly, for each week in which any work
covered by this clause is performed, a copy of all payrolls to the
contracting officer. The Lessor is responsible for the submission of
copies of payrolls of all subcontractors. The copy must be
accompanied by a statement signed by the Lessor indicating that the
payrolls are correct and complete, that the wage rates contained in them
are not less than those determined by the Secretary of Labor, and that
the classifications set forth for each taborer or mechanic conform with
the work the laborer or mechanic performed. Submission of the Weekly
Statement of Compliance (see 29 CFR 5.5(a)(3)(ii)) required under this
agreement satisfies this requirement. As required by this clause, the
Lessor must submit a copy of any approval by the Secretary of Labor.
(The Department of Labor information collection and reporting
requirements in this subparagraph d.2 have been approved by the
Office of Management and Budget under OMB control numbers 1215-
0140 and 1215-0017.)
3. The Lessors records required under this clause must be available
for inspection by authorized representatives of the contracting officer
and the Department of Labor, and the Lessor must permit the
representative to interview employees during working hours on the job.
4. The Lessor must comply with the Copeland Regulations of the
Secretary of Labor (29 CFR Part 3), which are hereby Incorporated in
this contract by reference.
e. Withholding of Funds. The contracting officer may withhold from the
Lessor under this or any other contract with the Lessor so much of the
accrued payments or advances as is considered necessary to pay all
borers and mechanics the full amount of wages required by this contract
any other contract subject to the Davis -Bacon prevailing wage
uirements that is held by the Lessor.
1. If the Lessor or any subcontractor fails to pay any laborer or
mechanic employed on the site of the work any of the wages required by
the contract, the contracting officer may, after written notice to the
Lessor, suspend further payments or advances to the Lessor until
violations have ceased.
A.28 BANKRUPTCY
In the event the contractor enters into proceedings relating to bankruptcy,
whether voluntary or involuntary, the contractor will furnish, by certified mail,
written notification of the bankruptcy to the contracting officer responsible for
administering the contract. The notification must be furnished within five
days of the initiation of the bankruptcy proceedings. The notification must
include the date on which the bankruptcy petition was filed, the court in
which the petition was filed, and a list of Postal Service contracts and
contracting officers for all Postal Service contracts for which final payment
has not yet been made. This obligation remains in effect until final payment
under this contract.
RETERMSS (Jan. ri►ss) A_g
�� UNITEDSTATES
// POSTAL SERVICE
0 SECTION B
Representations and Certifications
BA TYPE OF BUSINESS ORGANIZATION
The offeror, by checking the applicable blocks, represents that it —
Mu�n�u7a,1
a. Operates as�4 a corporation incorporated under the laws of the State of 1'1 O 1 5 ❑ an individual,
❑ a partnership, ❑ a joint venture, ❑ a nonprofit organization, or ❑ an educational institution; and
b. Is a ❑ small business concern, ❑ minority-owngd business, ❑ woman -owned business, ❑ labor surplus area concern,
❑ educational or other non-profit organization, or`!#,none of the above entities.
c. SMALL BUSINESS CONCERN. A small business concern for the purposes of Postal Service procurement is a concern,
including its affiliates, which is independently owned and operated, is not dominant in the field of operations in which it is
submitting an offer, and is of a size consistent with the standards set forth by SBA in CFR Part 121, or if no standard has been
established, then of a size employing not more than 500 employees. (Also see USPS Procurement Manual, Chapter 10, Section
1.)
d. MINORITY -OWNED BUSINESS. A minority -owned business is a concern that is at least 51 percent owned by, and whose
management and daily business operations are controlled by, one or more members of a socially and economically disadvantaged
minority group, namely U.S. citizens who are black Americans, Hispanic Americans, Native Americans, Asian -Pacific Americans,
or Asian -Indian Americans. ('Native Americans' means American Indians, Eskimos, Aleuts, and native Hawaiians. 'Asian -Pacific
Americans' means those whose origins are in Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust
Territories of the Pacific Islands, the Northern Marianas Islands, Laos, Kampuchea, or Taiwan. 'Asian -Indian Americans' means
those whose origins are in India, Pakistan, or Bangladesh.)
e. WOMAN -OWNED BUSINESS. A woman -owned business is a business which is at least 51 percent owned, controlled, and
operated by a woman or women. Controlled is defined as exercising the power to make policy decisions. Operated is defined as
&ively involved in the day-to-day management.
f. LABOR SURPLUS AREA A geographical area which at the time of award is either a section of concentrated unemployment or
underemployment, a persistent labor surplus area, or a substantial labor surplus area, as defined in this paragraph.
1. Section of concentrated unemployment or underemployment means appropriate sections of States or labor areas so
classified by the Secretary of Labor.
2. Persistent labor surplus area means an area which is classified by the Department of Labor as an area of substantial and
persistent labor surplus (also called Area of Substantial and Persistent Unemployment) and is listed as such by that
Department in conjunction with its publication, Area Trends in Employment and Unemployment.
3. Substantial labor surplus area means an area which is classified by the Department of Labor as an area of substantial labor
surplus (also called Area of Substantial Unemployment) and which is listed as such by that Department in conjunction with its
publication Area Trends in Employment and Unemployment.
g. LABOR SURPLUS AREA CONCERN. A firm which will perform or cause to be performed a substantial proportion of a
contract in a labor surplus area.
h. EDUCATIONAL OR OTHER NON-PROFIT ORGANIZATION. Any corporation, foundation, trust, or other institution operated
for scientific or educational purposes, not organized for profit, no part of the net earnings of which inures to the profits of any
private shareholder or individual.
8.2 PARENT COMPANY AND TAXPAYER IDENTIFICATION NUMBER
a. A parent company is one that owns or controls the basic business policies of an offeror. To own means to own more than 50
percent of the voting rights in to be able to formulate, determine, or veto basic offeror. A parent company need not own the offeror
to control it; it may exercise control through the use of dominant minority voting rights, proxy voting, contractual arrangements, or
0rwise.
b. Enter the offeror's Taxpayer Identification Number (TIN) in the space provided. The TIN is the offeror's Social Security Number
or other Employee Identification Number used on the offerors Quarterly Federal Tax Return, U.S. Treasury Form 941.
REREPS Iran.1"51 8-1
UN/TEDSTATES Representations and Certifications
JMW POSTAL SERVICE
is
Offerors TIN:
c. ❑ Check this block if the offeror is owned or controlled by a parent company.
d. If the block above is checked, provide the following information about the parent company:
Parent Company's Name:
Parent Company's Main Office Address:
No. and Street:
City: State: Zip Code:
Parent Company's TIN:
e. If the offeror is a member of an affiliated group that files its federal income tax return on a consolidated basis (whether or not
the offeror is owned or controlled by a parent company, as provided above) provide the name and TIN of the common parent of the
affiliated group:
Name of Common Parent:
Common Parent's TIN:
B.3 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION
a. By submitting this proposal, the offeror certifies, and in the case of a joint proposal each party to it certifies as to its own
organization, that in connection with this solicitation-
1. The prices proposed have been arrived at independently, without consultation, communication, or agreement, for the
purpose of restricting competition, as to any matter relating to the prices with any other offeror or with any competitor:
2. Unless otherwise required by law, the prices proposed have not been and will not be knowingly disclosed by the offeror
• before award of a contract, directly or indirectly to any other offeror or to any competitor, and
3. No attempt has been made or will be made by the offeror to induce any other person or firm to submit or not submit a
proposal for the purpose of restricting competition.
b. Each person signing this proposal certifies that-
1. He or she is the person in the offerors organization responsible for the decision as to the prices being offered herein and
that he or she has not participated, and will not participate, in any action contrary to paragraph a above; or
2. He or she is not the person in the offerors organization responsible for the decision as to the prices being offered but that he
or she has been authorized in writing to act as agent for the persons responsible in certifying that they have not participated,
and will not participate, in any action contrary to paragraph a above, and as their agent does hereby so certify; and he or she
has not participated, and will not participate, in any action contrary to paragraph a above.
c. Modification or deletion of any provision in this certificate may result in the rejection of the proposal as unacceptable. Any
modification or deletion should be accompanied by a signed statement explaining the reasons and describing in detail any
disclosure or communication.
BA CONTINGENT FEE REPRESENTATION
a. The offeror must complete the following representations:
1. The offeror ❑ has has not employed or retained any company or person (other than a full-time bona fide employee
working solely for the offeror) to solicit or secure this contract.
2. The offeror ❑ has N(has not paid or agreed to pay any company or person (other than a full-time bona fide employee
working solely for the offeror) any fee, commission, percentage, or brokerage fee, contingent upon or resulting from the award
of this contract.
Of either representation is in the affirmative, or upon request of the contracting officer, the offeror must furnish, in duplicate, a
completed Form 7319, "Contractors Statement of Contingent or Other Fees,' and any other officer. If the offeror has previously
famished a completed Form 7319 to the office issuing this solicitation, it may accompany its proposal with a signed statement—
REREPS (Jan. i99s) B-2
M�'' UNITEDSTdTES Representations and Certifications
POSTAL SERVICE_ p
1. Indicating when the completed form was previously furnished;
2. Identifying the number of the previous solicitation or contract, if any, in connection with which the form was submitted; and
3. Representing that the statement on the form is applicable to this proposal.
c. Licensed real estate agents or brokers having listings on property for rent, in accordance with general business practice, and
who have not obtained such licenses for the sole purpose of effecting this lease, may be considered as bona fide employees or
agencies within the exception contained in this clause.
B.5 CERTIFICATION OF NONSEGREGATED FACILITIES
a. By submitting this proposal, the offeror certifies that it does not and will not maintain or provide for its employees any
segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform services at any
location under its control where segregated facilities are maintained. The offeror agrees that a breach of this certification is a
violation of the Equal Opportunity clause in this contract.
b. As used in this certification, "segregated facilities" means any waiting rooms, work areas, rest rooms or wash rooms,
restaurants or other eating areas, time clocks, locker rooms or other storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, or housing facilities provided for employees that are segregated by explicit
directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or
otherwise.
c. The offeror further agrees that (unless it has obtained identical certifications from proposed subcontractors for specific time
periods) it will obtain identical certifications from proposed subcontractors before awarding subcontracts exceeding $10,000 that
are not exempt from the provisions of the Equal Opportunity clause; that it will retain these certifications in its files; and that it will
forward the following notice to these proposed subcontractors (except when they have submitted identical certifications for specific
&me periods).
NOTICE
A certification of nonsegregated facilities must be submitted before the award of a subcontract exceeding $10,000 that is not
exempt from the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts
during a period (quarterly, semiannually, or annually).
B.6 CLEAN AIR AND WATER CERTIFICATION
a. This certification applies only if (1) the offer exceeds $100,000, (2) the offer is for an indefinite -quantity and indicates that
orders for estimating quantities will exceed $100,000 in any year, (3) a facility to be used is listed on the EPA List of Violating
Facilities because of a criminal conviction, or (4) the contract is not otherwise exempt.
b. The offeror (1) certifies, by checking the applicable box, that any facility to be utilized in the performance of the proposed
contract ❑ is, ❑ is not, listed on the Environmental Protection Agency List of Violating Facilities as of the date of this proposal,
and (2) agrees to notify the contracting officer promptly if any communication is received from the Environmental Protection
Agency before contract award indicating that any such facility is under consideration for inclusion on the list.
B.7 LEASES BETWEEN THE POSTAL SERVICE AND ITS EMPLOYEES, CONTRACT EMPLOYEES, OR
BUSINESS ORGANIZATIONS SUBSTANTIALLY OWNED OR CONTROLLED BY POSTAL SERVICE
EMPLOYEES OR CONTRACT EMPLOYEES
By submitting this proposal, the offeror certifies that the offeror ❑ is, **1—?4 not an employee, a personal service contract
employee or a member of the immediate family of a Postal Service employee or personal service contract employee OR a business
organization (partnership, corporation, joint venture, etc.) substantially owned or controlled by a Postal Service employee, a
ersonal service contract employee, or a member of the immediate family of a Postal Service employee or personal service
ntract employee. 'Immediate family' means spouse, minor child or children, and other individuals related to the employee by
lood who are residents of the employee's household.
REREPS (Jan. 1"5) B-3