HomeMy WebLinkAboutRESOLUTIONS-1990-061-R-9010/03/90
61-R-90
A RESOLUTION
Authorizing the City Manager to Enter into a Lease
• to Rent Parking Spaces in City Parking Lot 27
at 1619 Oak Avenue
to The U.S. Postal Service
WHEREAS, the City of Evanston is the owner of real property commonly
known as City Parking Lot 27 and located at 1619 Oak 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 northernmost twenty-four (24)
spaces in said Lot 27 in order to provide parking for the use of the Postal
Service employees; 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
WHEREAS, the City Council of the City of Evanston finds that the
above goals can be accomplished by leasing a portion of said Lot 27 to The
U.S. Postal Service.
10/03/90
61-R-90
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 parking spaces at 1619 Oak Avenue, Evanston, Illinois, known as
Parking Lot 27, and described as follows:
A11 of Lot Three (3) and. Lot Four (4) in G.W. Smith's
Subdivision of Lot Six (6) and the Westerly Forty (40)
feet of Lot Five (5) in Block Sixty -Seven (67) in the
Village of Evanston, in the West Half (W 1/2) of
Section 18, Township 41 North, Range 14, East of the
Third Principal Meridian, in the County of Cook and the
State 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:
Mayor
City Clerk �cc :a-th�
Adopted: � 1990
•
-2-
U.S. Postal Service
SHORT FORM LEASE
Main Office, Station, Branch, Etc.
Main Post Office Additional Parking
THE UNDERSIGNED, hereinafter called the Lessor, hereby leases to the United States Postal Service, hereinafter called the Postal Service, the premises
hereinafter described, pursuant to the terms and conditions described herein and contained in PS Form 7417-A, General Conditions to Short Form Lease,
attached hereto.
1- Location. The premises are located at: 1619 Oak Avenue (Lot 271
(Number and Street)
Evanston rnny rnnnty
(City) (County)
Upon which is or will be located a ParkiAtgy.LOt
appurtenances as follows:
T11 iTWi s
(State)
U2Q1-999R
IZ)P + 4)
tlujljiAg and which property contains or will contain areas, spaces, improvements, and
Legal Description Attached as Exhibit A
FAArea Dimensions Net Sq. Feet Area Dimensions Net Sq. Feet
loor Driveway
Platform Parking and Maneuvering 24 Parking Spa :es
Vehicle Storage (No. of Other (l)esrrihr) I
Units)
2. Terms. In each case, two (2) of the following paragraphs "A," "B," and "C" must be deleted.
Month -to -Month. This is a month -to -month tenancy for an indefinite period beginning t^�1 , 19 and
A may be terminated at any tirDELhEl"FLVf3iving to the other thirty days written notice: any�yr hQKr' j Lessor to be directed to the
Contracting Officer.
Fixed -Term. To have and to hold,caid premises with its appurtenances for a�i(fl),of1j['i !months beginning
�J 19 _ , and ending vV'
11) The Postal Serv' erminate this agreement at any time by gi ~thirty days written notice to the Lessor, i
B (2) This agreem be renewed, at the option of the Postal Sefor the following separate and consecutive ter at the following monthly
rentals provi d notice be given in writing to the Lessor at I@at�i�S0 days before the end of the fixed term and each,, wral term provided herein.
No. of Months At No. of Months At
No. of Months (Per lron A Rrnral) (Per 3fonth Rental) (Per Month Rental)
W
(a-) Deleted $ I (b ! e
Deted ` (c ! Deleted $
Automatic Renewal. To have and to hold the said premises with its appurtenances for a term of one year beginning October 26 19-Q .
C Thereafter this agreement shall renew itself from year to year unless the Lessor gives written notice of termination thirty days before the end of any annual
term, delivered to the Contracting Officer. The Postal Service may terminate this agreement at any time by giving thirty days written notice to the Lessor.
3. Rental. The Postal Service shall pay the Lessor monthly rental of S 840. 00 payable at the end of each month. Rent for part of a month
shall be prorated. Rent checks shall be made payable to: Parking System Lot 27, 2100 Ridge Ave., Evanston, IL.
60201-2790
4. Lessor, as part of the rental consideration shall furnish the following utilities, services, and equipment:
Maintenance of the lot, including sealing, striping, and resurfacing, if necessary.
The Postal Service shall have exclusive use of the 24 spaces herein referenced.
5. Other Provisions. The following additional provisions, modifications, riders, layouts and/or forms were agreed upon prior to execution and made
hereof: None
6. The following paragraphs were deleted before signing:
2A, 2B (1) & (2)
7. The undersigned has completed and attached hereto Form 7319-8, Representations and Certifications, and Form 7319-C, Representations and
Certifications (Business Data).
EXECUTED BY LESSOR , 19 ACCEPTANCE BY POSTAL SERVICE .19
By: By:
(Signature) (Signature)
.Tnpl M_ Asprent•h � (=i tv ManaooT
nnl or type Name and nda (Print or Type Name)
Title:
Identifying No.:-m—imnsp7n (contracting Officer)
Address: 91O(1 Ridge AupTrip
C 1708)866-993,6 Address:
(city, SWo, and ZIP + 4) ITi/gPhonel ( )
Witness: (City, State, and ZIP + 4) (TNdphone)
PS Form 7417, April 1986
GENERAL CONDITIONS TO SHORT FORM LEASE
1. lessor's Successors The terms and provisions of this lease and
the conditions herein shall bind the Lessor, and all heirs,
executors, administrators, successors, and assigns
2. Applicable Codes and Ordinances. The 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, at
Lessor's own expense, to obtain all necessary permits and
related items
3. Officials Not to Benefit. (July, 1971) No member of or dele-
gate to Congress, or resident Commissioner shall be admitted
to any share or part of this contract, or to any benefit that
may arise therefrom; but this provision shall not be construed
to extend to this contract if made with a corporation for its
general benefit
4. Covenant Against Contingent Fees The Lessor warrants that
no person or selling agency has been employed or retained to
solicit or secure this agreement upon an agreement or under-
standing for a commission, percentage, brokerage, or contin-
gent fee, excepting bona fide employees or bona fide estab-
lished commercial or selling agencies maintained by the Lessor
for the purpose of securing business For breach or violation
of this warranty the Postal Service shall have the right to annul
this lease without liability or at its discretion to deduct from
the rental price or consideration, or otherwise recover, the
full amount of such commissions, percentage, brokerage or
contingent fee. (Licensed real estate agents or brokers having
listings on property for rent, in accordance with general busi-
ness 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.)
S. Alterations. The Postal Service may make alterations, attach
fixtures or signs and erect structures in or upon the premises,
all of which shall be the property of the Postal Service and,
if the Lessor requests, by. notice in writing, within 30 days
before termination of the Lease, the Postal Service will repair
promptly or provide the lessor payment in lieu thereof for any
damage caused by its removal of such property.
6. Exanhinatiou of Records (March 1978).
•(This diruse is applicable only if the total amount of this
conimct is in excess of $10,000 and it was entered into by
negotiation.)
(a) The Lessor agrees that the Postmaster General or any of
his duly authorized representatives shall, until expiration of
3 years after final payment under this contract, or of any
specified time periods for particular records, whichever expires
earlier, have access to and the right to examine any directly
pertimmt boots documents, papers, and records of the Lessor
invohing , •. � related to this contract.
(b) The Leaver fintha agrees to Pnchde In all ,, ..., , .,l
\ , . I'— , a provision to the died that the ahbeonbactor
agrees that the Postmaster General or any of his duly aanhor
iiad,,'i,.,... I I .: . shall!, via ..,, w,:.,, of3yearsaitySod
payment anda the ..., .„..,t, or of any speaCied thw
peudods for particaW seaoada. , , , ... . esI I ovum have
access to and the *bt to camili a ahly directly pusrtiiaeat
boobs. i, ... , , ., ..: papers. and seaosda of aui , - ..
ri ifrrus 7s1T,1�Faltiso.gr 39sT(�c f aft
involving transactions related to the subcontract. The term
"subcontract" as used in this clause excludes: (1) purchase
orders not exceeding $10,000, and (2) subcontracts or purchase
orders for public utility services at rates established for uni-
form applicability to the general public.
7. Recording. This agreement shall be recorded at the expense of
the Lessor, upon the request of the Postal Service Contracting
Officer, said expense shall include all required fees.
8. Maintenance; Fitness for Use. The Lessor shall, except as other-
wise speed and except for damage resulting from the
act or negligence of Postal Service agents or employees, main-
tain the demised premises in good repair and tenantable con-
dition. If the leased premises or any part thereof become unfit
for use for the purposes for which leased, the Lessor shall put
the same in satisfactory condition, as determined by the Postal
Service, for the purposes for which leased. If Lessor fails to make
repairs or otherwise restore the premises to tenantable condi-
tion within a reasonable time after receipt of notice from the
Contracting Officer, the Postal Service shall have the right to
perform the work, by contract or otherwise, and withhold the
cost thereof from payments due or to become due under this
contract. In addition, for any period the premises or any part
thereof are unfit for the purposes for which leased, the rental
shall be abated in proportion to the area determined by the
Postal Service to have been rendered unavailable by reason of
such condition. Unfitness for use does not include subsequent
unsuitability arising from such matters as design, size, or loca-
tion of the building.
During the continuance of the lease, the interior of the
building, including but not limited to, the walls and ceilings,
shall be repainted at least once every five (5) years unless
required more often because of damage from fire or other
casualty, or unless the five year period is specifically extended
in writing by the Contracting Officer.
The Lessor shall designate on Form 7426 emergency main-
tenance repair personnel for electrical, plumbing, heating,
ventilating and air conditioning emergencies or other emer-
gencies (window, doors, locks, etc.) that may be called in the
event of an emergency situation involving maintenance of the
property and/or equipment when the Lessor or a designated
agent cannot be contacted within a reasonable time.
9. Destruction of Premises. Notwithstanding the provisions of
Clause 8, if the premises are destroyed by fire or other casualty,
this lease shall immediately terminate.
10. Notice of Requirement for Certification of Nonsegregated
Facilities The Lessor is cautioned as follows: By signing the
offer, the Lessor will be deemed to have signed and agreed
to the provisions of the "Certifrcaiton of Nonsegregated
Facilities" included in this solicitation. The oertiftcation pro-
vides that the Lessor does not maintam or pmvida for
employees facilities which are segregated on a basis of-raoe,
aced, Color, or national origin, whether such fadtities an
segregated by directive or on a de facto basis The certifiation
also provides that the Lessor WE not muddil sorb segregated
f militia. Faihue of a Lessor to agree to'the CWtilcation of
N .., , .! Fadities WM rider the offer - 601, fat
.. if the p wnm is tbarennder exceed $1%= and do
amftad Ps not otberwiae exempt from the \ f —. , of do
Equal C,,,, cause.
•
•
11. Equal Opportunity. (The following clause is applicable unless
this 'contract is exempt under the rules, regulations, and rele-
vant orders of the Secretary of Labor (4) CFR, ch. 60.)
During the performance of this contract, .the Lessor agrees
as follows:
(a) The Lessor will not discriminate against any employee or
applicant for employment because of race, color, religion,
age, sex, or national origin. The Lessor will take affirmative
action to ensure that applicants are employed, and that em-
ployees are treated during employment without regard to their
race, color, religion, age, sex or national origin. Such action
shall include, but not be limited to, the following: employ-
ment, upgrading, demotion, or transfer; recruitment or re-
cruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training,
including apprenticeship. The Lessor agrees to post in con-
spicuous places, available to employees and applicants for
employment notices to be provided by the Contracting Offi-
cer setting forth the provisions of this Equal Opportunity
clause.
(b) The Lessor will, in all solicitations or advertisements for
employees placed by or on behalf of the Lessor, state that all
qualified applicants will receive consideration for employment
without regard to race, color, religion, age, sex, or national
origin.
(c) The Lessor will send to each labor union or representative
of workers with which there is a collective bargaining agree-
ment or other contract or understanding, a notice, to be
provided by the agency Contracting Officer, advising the
labor union or workers' representative of the Lessor's commit-
ments under this Equal Opportunity clause, and shall post
copies of the notice in conspicuous places available to em-
ployees and applicants for employment.
(d) The Lessor will comply with all provisions of Executive
Order No. 11246 of September 24, 1965, and of the rules,
regulations, and relevant orders of the Secretary of Labor.
(e) The Lessor will furnish all information and reports required
by Executive Order No. 11246 of September 24, 1965, and by
the rules and regulations, and orders of the Secretary of Labor,
or pursuant thereto, and will permit access of his books,
records, and accounts by the contracting agency and the
Secretary of Labor for purposes of investigating to ascertain
compliance with such rules, regulations, and orders.
(f) In the event of the Lessor's noncompliance with the Equal
Opportunity clause of this contract or with any of the said
rules, regulations, or orders, this contract may be canceled,
terminated, or suspended, in whole or in part, and the Lessor
may be declared ineligible for further Government contracts
in accordance with procedures authorized in Executive Order
No. 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Execu-
tive Order No. 11246 of September 24, 1965, or by rule,
regulation; or order of the Secretary of Labor, or as other-
wise provided by law.
(g) The Lessor will include the provisions of paragraphs (a)
through (g) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of
Labor issued pursuant to section 204 of Executive Order No.
11246 of September 24, 1965, so that such provisions will be
binding upon each subcontractor or vendor. The Lessor will
take such action with respect to any subcontract or purchase
order as the contracting agency may direct as a means of
enforcing such provisions, including sanctions for noncom-
pliance: Provided, however, That in the event the Lessor
becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the
contracting agency, the Lessor may request the United States
PS Forms 7417-A, February 1987 (page 2 of 6)
to enter into such litigation to protect the interests of the
United States.
12. Contract Work Hours " and Safety Standards' Act. (40 U.S.C.
327-332) — Overtime
(a) Overtime" requirements No Lessor or subcontractor
contracting for any part of the work under this agreement
which may require` or involve the employment of laborers
or mechanics shall require or permit any such laborer or
mechanic in any workweek in which he or she is employed on
such work to work in excess of forty hours in such workweek,
unless such laborer or mechanic receives compensation at a
rate not less than one and one-half times the basic rate of pay
for all hours worked in excess of forty hours in such work-
week.
(b) violation; liability for unpaid wages; liquidated damages.
In the event of any violation of the provision set forth in
paragraph (a) of this clause, the Lessor and any subcontractor
responsible therefore shall be liable for the unpaid wages. In
addition, such Lessor and subcontractor shall be liable to the
United States Postal Service for liquidated damages. Such
liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and
guards, employed in violation of the provision set forth in
paragraph (a) of this clause, in the sum of $10 for each calen-
dar day on which such individual was required or permitted
to work in excess of the standard workweek of forty hours
without payment of the overtime wages required by the
provision set forth in paragraph (a) of this clause.
(c) Withholding for unpaid wages and liquidated damages The
Contracting Officer shall upon his or her own action or upon
written request of an authorized representative of the Depart-
ment of Labor withhold or cause to be withheld, from any
monies payable on account of work performed by the Lessor
or subcontractor under this agreement, or the lease or any
other Federal contract with the Lessor, or any other Federally -
assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the Lessor, such sums
as may be determined to be necessary to satisfy any liabilities
of such Lessor or subcontractor for unpaid wages and liquidated
damages as provided in the provision set forth in paragraph
(b) of this clause.
(d) Subcontracts. The Lessor or subcontractor shall insert in
any subcontracts the provisions set forth in paragraphs (a)
through (e) of this clause and also a clause requiring the sub-
contractors to include these provisions in any lower tier sub-
contracts. The term "Lessor" as used in these provisions in any
subcontract shall be deemed to refer to the subcontractor. The
Lessor shall be responsible for compliance by any subcontractor
or lower tier subcontractor with the provisions set forth in
paragraphs (a) through (e) of this section.
(e) Records. The Lessor or subcontractor shall maintain pay-
rolls and basic payroll records during the course of the work
and shall preserve them for a period of three years from the
completion of the contract for all laborers and mechanics,
including guards and watchmen, working on the contract
Such records shall contain the name and address of each such
employee, social security number, correct classifications6
hourly rates of wages paid, daily and weekly number of hours
worked, deductions made, and actual wages paid. The records
to be maintained under this paragraph shall be -made available
by the Lessor or subcontractor for inspection, copying, or
transcription by authorized representatives of the Postal
Service and the Department of Labor, and the Lessor or sub-
contractor will permit such representatives to interview em-
ployees during working hours on the job.
13. Compliance with OSHA Standards. To the extent this agree-
ment is for construction, alteration, and/or repairs, the Lessor
shall: (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; (it) comply with
any other applicable Federal, State, or local regulation govern-
ing 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 shall include
this clause in all subcontracts hereunder and to require its
inclusion in all subcontracts of a lower tier. The term "Lessor"
as used in this clause in any subcontract shall be deemed to
refer to the subcontractor.
• 14. Subcontract Provisions. The Lessor agrees to insert Clauses
11, 12, 13, and this Subcontract Provisions clause in all sub-
contracts hereunder and to require their inclusion in all sub-
contracts of lower tier. The term "Lessor" as used in these
clauses in any subcontract shall be deemed to refer to the
subcontractor.
15. Assignment of Contract and Claims (May 1972).
(a) Except as otherwise provided below, neither this contract
nor any interest in or claims for monies due or to become due
under this contract, may be transferred or assigned by the
Lessor to any other party.
(b) If this contract provides for payments aggregating $1,000
or more, claims for monies due or to become due the Lessor
from the Postal Service under this contract may be assigned to
a bank, trust company, or other financing institution, including
any Federal lending agency, and may thereafter be further
assigned and reassigned to any such institution. Any such
assignment or reassignment shall cover all amounts payable
under this contract and not already paid, and shall not be
made to more than one party except that any such assign-
ment or reassignment may be made to one party as agent
or trustee for two or more parties participating in such financ-
ing. 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: (i) the
Contracting Officer; (ii) the surety or sureties upon the bond
or bonds, if any, in connection with this contract; and Gir)
the disbursing officer, if any, designated in this contract to
make payment, and the Contracting Officer has acknowledged
the assignment in writing.
• (c) The Postal Service may at its discretion recognize a trans-
fer of this contract incidental to the transfer of all of the
Lessor's assets or all that part of the Lessor's assets involved
in the performance of this contract.
(d) Assignment of this contract or any interest in or claims
for monies due or to become due under this contract other
than in accordance with the provisions of this clause shall be
grounds for annulment of this contract at the option of the
Postal Service. The rights and remedies of the Postal Service
under this clause are not exclusive and shall be in addition to
any other rights and remedies provided by law or under this.
contract.
16. Mortgagee's Agreement. If there is.now, or will be, a mortgage
on the premises, the Lessor shall, If requested to do so, furnish
a mortgagee's subordination agreement on Form 7450.
17. Equipment, Utilities and Services. Unless otherwise specified
herein. the Lessor shall furnish suitable Dag staff. proper post
office sign and a ten -pound multipurpose fire extinguisher
PS Form 7417-A, February 1987 fpffse 3 of 6)
for all class fires, as well as other equipment as may be speci-
fied. The Lessor shall keep all such furnished items in good
condition except that the Postal Service shall be responsible for
recharding and shell pressure testing the fire extinguisher with
the Lessor remaining responsible for repair and replacement.
18. 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.
19. Lessor Obligations. The Lessor's obligations in regard to the
services provided in the Short Form Lease are further defined
as follows:
(a) If fuel is furnished —Lessor shall furnish heating system of
sufficient size and capacity to provide uniform temperature
in all portions of the demised premises in accordance with con-
tractual requirements, and if not specifically speed in the
contractual requirements, to furnish a heating system of suf-
ficient size and capacity to provide uniform temperature of
65 degrees F. in all portions of the demised premises, together
with all fuel and filters required for proper operation of the
system during the continuance of the lease.
(b) If heat is furnished —Lessor agrees to maintain uniform
heating temperature in all portions of the demised premises in
accordance with contractual requirements during the contin-
uance of the lease, and to furnish necessary filters. Unless
otherwise specified in the contractual requirements, uniform
heating temperature of 65 degrees F. shall be provided in all
portions of the demised premises during the continuance
of the lease.
(c) If neither fuel nor heat is furnished —Lessor shall furnish
heating system of sufficient size and capacity to provide
uniform temperature in all portions of the demised premises
in accordance with contractual requirements, and if not
specifically specified in the contractual requirements, to
furnish a heating system of sufficient size and capacity to
provide uniform temperature of 65 degrees F. in all portions
of the demised premises, together with all filters required for
proper operation of the system during the continuance of
the lease.
(d) If light is furnished —Lessor agrees to provide and install
light fixtures in accordance with contractual requirements
and during the continuance of the lease shall provide and
install all needed replacement parts including, but not limited
to, necessary fluorescent tubes and incandescent lamps, as
well as paying all lighting bills.
(e) If light is not furnished and fluorescent lights are used —
Lessor agrees to provide and install light fixtures in accordance
with contractual requirements and to provide and replace
during the continuance of the lease all replacement ballasts
as needed.
(f) If power is furnished —Lessor agrees to furnish and pay for
all power during continuance of the lease.
(g) If the water is furnished —Lessor agrees to furnish and pay
for all water during continuance of the lease.
(h) If sewerage service is furnished —Lessor agrees to furnish
and pay for sewage service during continuance of the lease.
(r) If air conditioning equipment is furnished —Lessor agrees
to furnish air conditioning equipment in accordance with con-
tractual requirements, servicing of said equipment, including,
but not limited to, the replacement of necessary refrigerant
and IIters as required for proper operation of the equipment.
(j) If air conditioning is furnished —Lessor agrees to furnish
air conditioning equipment in accordance with contractual
requirements, servicing of said equipment. including, but not
limited to, the replacement of necessary filters and refrigerant
as required for proper operation of the equipment. together
with power, water and other services for its operation.
20. Payment for Labor and Material. If the Lessor is required to (iii) A claim by the Lessor shall be made in writing and
furnish a Form 7414-E, Labor and Material Payment Bond, submitted to the Contracting Officer for decision. A claim
in connection with this Lease, the Lessor agrees to post at the by the Postal Service against the Lessor shall be in the form
job site in a prominent place, a photostat or certified copy of of a decision by the Contracting Officer.
Form 7414-E, where it can easily be seen by all persons who (d) For Lessor claims of more than $50,000, the Lessor shall
have furnished, or have been requested to furnish labor, mate- submit with the claim a certification that: (i) the claim is
rial, or both, used or reasonably required for use in the per- made in good faith; (if) supporting data are accurate and
formance of this Lease. complete to the best of the Lessor's knowledge and belief;
and (iii) the amount requested accurately reflects the con-
21. Clean Air and Water (July 1975). Applicable only if (i) offer tract adjustment for which the Lessor believes the Postal
exceeds $100, 000, or (ii) the offer is for an indefinite quantity Service is liable. If the Lessor is an individual, the certification
and it indicates that orders for estimated quantities will exceed shall be executed by that individual- If the Lessor is not an
$100,000 in any year, or (iii) a facility to be used is listed on individual, the certification shall be executed by a senior
• the EPA List of Violating Facilities due to a criminal convic-
tion, or (iv) the contract is not otherwise exempt.)
The Contractor agrees as follows:
(a) To comply with all the requirements of Section 114 of
the Clean Air Act, as amended (42 U.S.C. 1857, et seq., as
amended by Public Law 91.604) and Section 308 of the Fed-
eral Water Pollution Control Act (33 U.S.C. 1251, as amended
by Public Law 92-500), respectively, and all regulations and
guidelines issued thereunder.
(b) That no portion of the work required by this contract will
be performed in a facility listed on the Environmental Protec-
tion Agency (EPA) List of Violating Facilities on the date
when this contract was awarded, unless and until the EPA
removes the name of such facility from such listing.
(c) To notify promptly the Contracting Officer of receipt of
any communication from the EPA indicating that any facility
proposed for or in use under this contract is under considera-
tion to be listed on the EPA List of Violating Facilities.
(d) To insert the substance (i) of any Clean Air and Water
Certification contained in this solicitation, and (ii) of the
provisions of this clause into every nonexempt subcontract,
including this paragraph, and to take such steps as the Postal
Service may direct as a means of enforcing these provisions.
(e) That in the event the Contractor fails to comply with all
the above requirements, the Lessor's right to perform may be
canceled, terminated for default, or suspended for such failure,
in whole or in part.
(Environmental Protection Agency regulations implementing
the provisions for listing prescribed by the referenced statutes
may be found at 40 CFR Part 15.)
22. Claims and Disputes (May 1983).
(a) This contract is subject to the Contract Disputes Act of
• 1978 (P.L. 95-563, 41 USC 601.613).
(b) All disputes arising under or relating to this contract shall
be resolved under this clause, except for disputes arising out
of the labor standards provisions of this contract. References
to a Disputes clause in other clauses of this contract shall be
understood to be references to this Claims and Disputes
clause.
(c) (i) "Claim," as used in this clause, means a written
demand or assertion by one of the parties seeking, as a legal
right, the payment of money, adjustment or interpretation
of contract terms, or other relief arising under or relating to'
this contract
(if) A voucher, invoice, or request for payment that is
not in dispute when submitted is not a claim under the
Act. However, where such submission is subsequently not
acted upon in a reasonable time, or disputed either as to
liability or amount, it may be converted to a claim under
the Act.
company official in charge at the Lessor's plant or location
involved; or by an officer or general partner of the Lessor
having overall responsibility for the conduct of the Lessor's
affairs. Claims less than $50,000 need not be certified.
(e) Any claim which is not disposed of by agreement shall be
decided by the Contracting Officer who shall issue a decision
in writing and shall mail or otherwise furnish a copy of the
decision to the Lessor. For Lessor claims over $50,000, the
Contracting Officer must decide the claim within 60 days or
notify the Lessor of the date when the decision will be made.
For Lessor claims of $50,000 or less, the Contracting Officer
must render a decision within 60 days. The Contracting
Officer's decision shall be final and conclusive and not subject
to review by any forum, tribunal, or government agency
unless:
(i) The Lessor appeals such decision to the Postal Service
Board of Contract Appeals within 90 days after the date
the Lessor receives the Contracting Officer's final decision;
or (ii) The Lessor brings an action directly on the claim in
the United States Claims Court within 12 months after the
date the Lessor receives the Contracting Officer's final
decision.
(f) The authority of the Contracting Officer under the
Act does not extend to claims or disputes which other
agencies are expressly authorized by statute or regulation
to decide.
(g) The Postal Service shall pay interest on the amount found
due on a Lessor's claim from the date the Contracting Officer
receives the claim (properly certified, if required, in accordance
with d, above), or from the date payment would otherwise
be due, if that date is later, until the date of payment. Simple
interest will be paid at the rate, established by the Secretary
of the Treasury, which is applicable when the Contracting
Officer receives the claim and then at the rate fixed by the
Secretary for each successive six-month period in which the
claim is pending.
(h) Except as the parties may otherwise agree, pending final
resolution of a claim by the Lessor arising under the contract,
the Lessor shall proceed diligently with the performance of the
contract in accordance with the Contracting Officer's decision.
23. Disputes Concerning Labor Standards, Disputes arising out of
the labor standards provisions of this contract shall not be
subject to the Claims and Disputes clause of this contract Such
disputes shall be resolved in accordance with theyrocedures of
the Department of Labor set forth in 29 CFR Parts 5, 6, and 7.
Disputes within the meaning of this clause include disputes
between the Lessor (or any of the Lessor's subcontractors) and
the contracting agency, the U.S. Department of Labor, or the
employees or their representatives.
PS Form 7417-A, February 1987 (page 4 of 6)
•
r
24. Affirmative Action for Disabled Veterans and Veterans of the
Vietname Era (March 1980).
This clause is applicable only if the total amount of this
contract exceeds $10,000.
(a) The Lessor will not discriminate against any employee or
applicant for employment because he or she is a disabled
veteran -of the Vietnam era in regard to any position for which
the employee or applicant for employment is qualified. The
Lessor agrees to take affirmative action to employ, advance in
employment, and otherwise treat qualified disabled veterans
and veterans of the Vietnam era without discrimination based
upon their disability or veterans status in all employment
practices such as the following: employment, upgrading,
demotion or transfer, recruitment, advertising, layoff or termi-
nation, rates of pay or other forms of compensation, and
selection for training including apprenticeship.
(b) The Lessor agrees that all suitable employment openings
of the Lessor which exist at the time of the execution of this
contract and those which occur during the performance of
this contract, including those not generated by this contract
and including those occurring at an establishment of the
Lessor other than the one wherein the contract is being per-
formed but excluding those of independently operated cor-
porate affiliates, shall be listed at an appropriate local office
of the State employment service system wherein the opening
occurs. The Lessor further agrees to provide such reports
to such local office regarding employment openings and
hires as may be . required. State and local government
agencies holding Federal contracts of $10,000 or more
shall also list all their suitable openings with the appro-
priate office of the State employment service, but are not
required to provide those reports set forth in paragraphs (d)
and (e).
(c) Listing of employment openings with the employment
service system pursuant to this clause shall be made at least
concurrently with the use of any other recruitment source or
effort and shall involve the normal obligations which attach
to the placing of a bona fide job order, including the accep-
tance of referrals of veterans and nonveterans. The listing of
employment openings does not require the hiring of any
particular job applicant or from any particular group of job
applicants, and nothing herein is intended to relieve the Lessor
from any requirements in Executive Orders or regulations
regarding nondiscrimination in employment.
(d) Whenever the Lessor becomes contractually bound to the
listing provisions of this clause, it shall advise the 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 Lessor is contractually bound to these provisions and
has so advised the State system, there is no need to advise the
State system of the subsequent contracts. The Lessor may
advise the State system when it is no longer bound by this
contract clause.
(e) This clause does not apply to the listing of employment
openings which occur and are filled outside of the 50 States,
the District of Columbia, Puerto Rico, Guam. and the Virgin
Islands.
(f) The provisions of paragraph (b), (c), and (d) of this clause .
do not apply to openings which the Lessor proposes to fill
from within his own organization or to fill pursuant to a cus-
tomary and traditional employer -union hiring arrangement.
This exclusion does not apply to a particular opening once an
employer decides to consider applicants outside of his own
organization or employer -union arrangement for that opening.
(g) As used in this clause:
(1) "All suitable employment openings" includes, but is not
limited to, openings which occur in the following job cate-
gories: production and nonproduction; plant and office;
laborers and mechanics; supervisory and nonsupervisory;
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 3 days duration, and
part-time employment. It does not include openings which
the Lessor proposes to fill from within his own organization
or to fill pursuant to a customary and traditional employer -
union hiring arrangement nor openings in an educational
institution which are restricted to students of that institution.
Under the most compelling circumstances an employment
opening may not be suitable for listing, including such situa-
tions where the needs of the Government cannot reasonably
be otherwise supplied, where listing would be contrary to
national security, or where the requirement of listing would
otherwise not be for the best interest of the Government.
(2) "Appropriate office of the State employment service
system" means the local office of the Federal -State national
systems of public employment offices with assigned respon-
sibility for serving the area where the employment opening
is to be filled, including the District of Columbia, Guam,
Puerto Rico, and the Virgin Islands.
(3) "Openings which the Lessor proposes to fill from within
his own organization" means employment openings for which
no consideration will be given to persons outside the Lessors
organization (including any affiliates, subsidiaries, and the
parent companies) and includes any openings which the Lessor
proposes to fill from regularly established "recall" lists.
(4) "Openings which the Lessor proposes to fill pursuant to
a customary and traditional employer -union hiring arrange-
ment" means employment openings which the Lessor pro-
poses to fill from union halls, which is part of the customary
and traditional hiring relationship which exists between the
Lessor and representatives of his employees.
(h) The Lessor 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
(the Act).
(i) in the event of the Lessor's noncompliance with the
requirements of this clause, actions for noncompliance may
be taken in accordance with the rules, regulations, and relevant
orders of the Secretary of Labor issued pursuant to the Act.
(j) The Lessor agrees to post in conspicious places, available
to employees and applicants for employment, notices in a
form to be prescribed by the Director, provided by or through
the Contracting Officer. Such notice shall state the Lessor's
obligation under the law to take affirmative action to employ
and advance in employment qualified disabled veterans and
veterans of the Vietnam era for employment, and the rights
of applicants and employees.
(k) The Lessor will notify each labor union or representative
of workers with which it has a collective bargaining agreement
or other contract understanding, that the Lessor is bound by
the terms of the Vietnam Era Veterans Readjustment Assis-
tance Act, and is committed to take affirmative action to
employ and advance in employment qualified disabled vet-
erans of the Vietnam era.
(1) The Lessor will include the provisions of this clause in
every subcontract or purchase order of $10,000 or more un-
less exempted by rules, regulations, or orders of the Secretary
F$ Form 7477-A, February 1987 (page 5 of 6)
issued pursuant to the Act, so that such provisions will be
be taken in accordance with rules, regulations and relevant
binding upon each subcontractor or vendor. The Lessor will
orders of the Secretary of Labor issued pursuant to the
take such action with respect to any subcontract or purchase
Act.
order as the Director of the Office of Federal Contract Com-
(d) The Lessor agrees to post in conspicuous places, avail-
pliance Programs may direct to enforce such provisions, in-
able to employees and applicants for employment, notices
cluding action for noncompliance.
in a form to be prescribed by the Director, OFCCP, provided
by or through the Contracting Officer. Such notices shall
25. Affirmative Action for Handicapped Workers (March 1980)
state the Lessoi s obligation under the law to take affirmative
This clause is applicable only if the total amount of this
action to employ and advance in employment qualified handi-
eonttact exceeds $Z500.
capped employees and applicants for employment, and the
(a) The Lessor will not discriminate against any employee or
rights of applicants and employees.
applicant for employment because of physical or mental
(e) The Lessor will notify each labor union or representative
handicap in regard to any position for which the employee or
of workers with which it has a collective bargaining agreement
applicant for employment is qualified. The Lessor agrees to
or other contract understanding, that the Lessor is bound by
take affirmative action to employ, advance in employment,
the terms of section 503 of the Rehabilitation Act of 1973,
• and otherwise treat qualified handicapped individuals with-
and is committed to take affirmative action to employ and
out discrimination based upon their physical or mental handi-
advance in employment physically and mentally handicapped
cap in all employment practices such as the following: em-
individuals.
ployment, upgrading, demotion or transfer, recruitment,
(f) The Lessor will include the provisions of this clause in
advertising, layoff or termination, rates of pay or other forms
every subcontract or purchase order of $2,500 or more unless
of compensation, and selection for training, including
exempted by rules, regulations, or orders of the Secretary
apprenticeship.
issued pursuant to Section 503 of the Act, so that such provi-
(b) The Lessor agrees to comply with the rules, regulations,
$ions will be binding upon each subcontractor or vendor. The
and relevant orders of the Secretary of Labor issued pursuant
Lessor will take such action with respect to any subcontract
to the Rehabilitation Act of 1973, as amended (the Act).
or purchase order as the Director of the Office of Federal
(c) In the event of the Lessor's noncompliance with the
Contract Compliance Programs may direct or enforce such
requirements of this clause, actions for noncompliance may
provisions, including action for non-compliance.
*U.S. "wrutet his tag Office: 1989-242-S31/05280
r8 Fenn 7417 A, Febrnul! 1987. (p&e 6 of 6) •t .. -•