R-81-378 - 4/23/1981U.S. POSTAL SERVICE
LEASE EXTENSION AGREEMENT
THIS AGREEMENT is made by and between City of Round Rork
(Enter name(.) of Lessor)
hereinafter called Lessor, and THE UNITED STATES POSTAL SERVICE.
known as
WHEREAS. by Lease dated September 24
Main Post Office and located at
(fain post office, branch, station, eta) (Street Address)
Round Rock TX 78664 •and
(City) (State and ZIP code)
WHEREAS, the Postal Service desires and Lessor is willing to extend said lease as more fully described hereinafter.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set forth, and for the further consideration of
One Dollar ($1.00) paid by each party to the other, receipt whereof is hereby acknowledged, the parties do hereby agree as follows:
1. To extend the terms and conditions of the said lease, as the same may have been extended, modified, or amended, for a
term of not exceeding fw» 1 VP ( 19) month(s) from April 1 19 82 to March 31 19..$3 -,
at an annual rental of S 18,000 subject to the General Provisions to Lease Extension
Agreement, Form 7415 -A, attached hereto.
2. The Postal Service may terminate this Agreement by giving thirty ( 30 3 days written notice to the landlord.
3. The term f raid law nuo et the pt:on of the Peat..1 Sn.:,.,., Le fu,ti,. ..,.b..1.1 f,,, ( -
L.. X tll.,,(,) 01—i ......,.d
1 ,
2.
SEAL:
4. The following paragraphs were added or deleted before execution:
Paragraph 3 deleted,
5. When the Postal Service so requests, Lessor shall at Lessor's sole cost and expense have this Agreement recorded in the proper
recording office.
6. All other provisions of the aforementioned lease are hereby confirmed and shall remain the same.
IN WITNESS WHEREOF, the parties hereto have signed and sealed these presents this
day of
WITNESSES: CITY OF ROUND ROCK
214 E. Main, Round Rock. TX 78664
19Z9___, the Lessor has leased to the Postal Service certain premises
Georgetown Avenue
By:
Larry L. Tonn, Mayor
(Street, City, State & ZIP Code Address of Lessor) (Telephone Na of Lessor)
ACCEPTED by the undersigned for the Postal Service this day of
WITNESS: THE UNITED STATES POSTAL SERVICE
By:
1
William H. Brady, Jr.
Title: Man»per, RPa1 FRI Aran rh
(Contracting Officer)
PS Form 7415
Dec 1974
THIS AGREEMENT is made by and between
U.S. POSTAL SERVICE
LEASE EXTENSION AGREEMENT
City of Round Rork
(Enter names) of Lector)
hereinafter called Lessor, and THE UNITED STATES POSTAL SERVICE.
known as
WHEREAS, by Lease dated September 24 1912, the Lessor has leased to the Postal Service certain premises
Main Post Of fice
and located at
plain post office, branch, station. etc.) (Street Address)
Round Rock TX 78664 • an d
(City) (State and ZIP code)
WHEREAS, the Postal Service desires and Lessor is willing to extend said lease as more fully described hereinafter.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set forth, and for the further consideration of
One Dollar ($1.00) paid by each party to the other, receipt whereof is hereby acknowledged, the parties do hereby agree as follows:
1. To extend the terms and conditions of the said lease, as the same may have been extended, modified, or amended, for a
term of not exceeding twe 1 VP ( 17) month(s) from April 1 19 82 , to March 31 198 .
at an annual rental of $ 18,000 subject to the General Provisions to Lease Extension
Agreement, Form 7415-A, attached hereto.
2. The Postal Service may terminate this Agreement by giving thirty ( 30 ) days written notice to the landlord.
3. The term of said L 1, et the o,.t:on of the Postal S..rvie :, Le f- rth....,...,.,L.J f.,, ( -)
stecessiv. 1)_ E L g..,T „tF ebT,,,( ..t ..........e.1 ,.,Tl.1Ebf .. H T H D _ .11
day of
WITNESSES:
1.
2.
SEAL:
4. The following paragraphs were added or deleted before execution:
Paragraph 3 deleted.
Georgetown Avenue
5. When the Postal Service so requests, Lessor shall at Lessor's sole cost and expense have this Agreement recorded in the proper
recording office.
6. All other provisions of the aforementioned lease are hereby confirmed and shall remain the same.
IN WITNESS WHEREOF, the parties hereto have signed and sealed these presents this
CITY OF ROUND ROCK
BY:
Larry L. Tenn, Mayor
214 E. Main, Round Rock, TX 78664
(Street, City, State & ZIP Code Address of Lessor) (Telephone No of Lessor)
ACCEPTED by the undersigned for the Postal Service this day of
WITNESS: THE UNITED STATES POSTAL SERVICE
By:
Title:
19_$1..
William H. Brady, Jr.
Manager, Real F.starp Branrh
(Contracting Officer)
PS Form 7415
Dec 1974
GENERAL PROVISIONS TO LEASE EXTENSION AGREEMENT
1. FACILITIES NONDISCRIMINATION
(The following clause is applicable when the leased space is in a
building occupied by tenants or concessionaires m addition to the
Postal Service and if the total rental under this Lease Extension
Agreement exceeds $10,000 per year, or at the sole election of the
Postal Service, if the total rental under this Lease Extension
Agreement combined with the total rental under all other Federal
government leases of space in the building in which the space
covered by this lease is located exceeds $10,000 per year.)
(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, color, religion, sex, or national origin in furnishing, or by
refusing to furnish, to such person or persons the use of any facility
including any and all services, privileges, accommodations, and
activities provided thereby.
(c) It is agreed that the Lessor's 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 con-
cession 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.
2. EQUAL OPPORTUNITY
(The following is applicable unless this contract is exempt
under the rules, regulations, and relevant orders of the Secretary of
Labor (41 CFR, Ch. 60).)
During the performance of this contract, the Lessor agrees as
follows:
(a) The Lessor will not discriminate against any employee or
applicant for employment because of race, religion, color, sex, or
national origin. The Lessor will take affirmative action to ensure
that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex or
national origin. Such action shall include, but not be limited to the
following: Employment, upgrading, demotion, or transfer; recruit-
ment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection for training,
including apprenticeship. The Lessor agrees to post in conspicuous
places, available to employees and applicants for employment,
notices to be provided by the Contracting Officer settting 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, sex, or national origin.
DP Form 1974 7415 -
cc.
(c) The Lessor will send to each labor union or representative
of workers with which he has a collective bargaining agreement or
other contract or understanding, a notice, to be provided by the
agency Contracting Officer, advising the labor union or workers'
representative of the Lessor's commitments under this Equal
Opportunity clause, and shall post copies of the notice in
conspicuous places available to employees and applicants for
employment.
(d) The 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, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and
accounts by the contracting agency and the Secretary of Labor for
purposes of investigation 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 accord-
ance 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 Executive Order No. 11246 of
September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise 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 noncompliance: 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 d by the
contracting agency, the Lessor may request the United States to
enter into such litigation to protect the interests of the United
States.
3. PAYMENT OF PREVAILING WAGES
The following clause is applicable if the net interior space of
the premises leased pursuant to the agreement identified on the face
of this Lease Extension Agreement exceeds 6,500 square feet:
(a) All mechanics and laborers employed in construction,
modification, alteration, repair, painting, decoration, or other
improvement of the building or space covered by this agreement, or
improvement at the site of the building or facility covered by this
agreement (other than maintenance work necessary to keep the
building or space in such condition that it may be continuously used
at an established capacity and efficiency for its intended purpose),
shall be paid unconditionally and not less often than once a week,
and without subsequent deduction or rebate on any account (except
such payroll deductions as are permitted by the Copeland Regula-
tions (29 CFR Part 3)), the full amounts due at time of payment
computed at wage rates not less than the aggregate of the basic
hourly rates and the rates of payments, contributions, or costs for
Pagel of
any fringe benefits contained in the wage determination decision of
the Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may be
alleged to exist between the Lessor or subcontractor and such
laborers and mechanics. A copy of such wage determination
decision shall be kept posted by the Lessor at the site of the work in
a prominent place where it can be easily seen by the workers.
(b) The Lessor may discharge his obligation under this clause
to workers in any classification for which the wage determination
decision contains:
(I) Only a basic hourly rate of pay, by making payment
at not less than such basic hourly rate, except as otherwise
provided in the Copeland Regulations (29 CFR Part 3); or
(2) Both a basic hourly rate of pay and fringe benefits
payments, by making payment in cash, by irrevocably making
contributions pursuant to a fund, plan, or program for, and/or
by assuming an enforceable commitment to bear the cost of,
bona fide fringe benefits contemplated by 40 U.S.C. 276a, or
by any combination thereof. Contributions made, or costs
assumed, on other than a weekly basis shall be considered as
having been constructively made or assumed during a weekly
period to the extent that they apply to such period. Where 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, he shall
furnish information with his payrolls showing how he deter-
mined 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 benefit. In any case where the
Lessor provides a fringe benefit different from any contained
in the wage determination, he shall similarly show how he
arrived at the hourly rate shown therefor. In the event of
disagreement between or among the interested patties as to an
equivalent of any fringe benefit, the Contracting Officer shall
submit the question, together with his recommendation, to the
Secretary of Labor for final determination.
(c) The assumption of an enforceable commitment to bear
the cost of fringe benefits, or the provision of any fringe benefits
not expressly listed in section (b)(2) of 40 U.S.C. 276a or in the
wage determination decision forming a part of the contract, may be
considered as payment of wages 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 his obligations under any unfunded plan
or program.
(d) The Contracting Officer shall require that any class of
laborers or mechanics which is not listed in the wage determination
decision and which is to be employed under the contract shall be
classified or reclassified conformably to the wage determination
decision, and shall report the action taken to the Secretary of
Labor. If the interested parties cannot agree on the proper
classification or reclassification of a particular class of laborers or
mechanics to be used, the Contracting Officer shall submit the
question, together with his recommendation, to the Secretary of
Labor for final determination.
(e) Apprentices shall be permitted to work as such only when
they are registered, individually, under a bona fide apprenticeship
program registered with a State apprenticeship agency which is
recognized by the Bureau of Apprenticeship and Training, United
States Department of Labor; or, if no such recognized agency exists
In a State, under a program registered with the aforesaid Bureau of
Apprenticeship and Training. The allowable ratio of apprentices to
journeymen in any craft classification shall not be greater than the
PS Form 7415 -
Dec. 1974
ratio permitted to the Lessor as to his entire work force under the
registered program. Any employee listed on a payroll at an
apprentice wage rate, who is not registered as above, shall be paid
the wage rate determined by the Secretary of Labor for the
classification of work he actually performed. The Lessor shall
furnish written evidence of the registration of his program and
apprentices as well as of the ratios allowed and the wage rates
required to be paid thereunder for the area of construction, prior to
using any apprentices in the work.
(I) The Lessor shall maintain payrolls and basic records
relating thereto during the course of the work and shall preserve,
them for a period of three years thereafter for all laborers and
mechanics employed in the work covered by this clause. Such
records shall contain the name and address of each such employee,
his correct classification, rate of pay Cmcluding rates of contribu-
tions for, or costs assumed to provide, fringe benefits), daily and
weekly number of hours worked, deductions made and actual wages
paid. Whenever the Lessor has obtained approval from the Secretary
of Labor as provided in paragraph (c) of this clause, he shall
maintain records which show the commitment, its approval, written
communication of the plan or program to the laborers or mechanics
affected, and the costs anticipated or incurred under the plan or
program.
(g) The Lessor shall submit weekly a copy of all payrolls to
the Contracting Officer. The Lessor shall be responsible for the
submission of copies of payrolls of all subcontractors. The copy
shall be accompanied by a statement signed by the Lessor indicating
that the payrolls are correct and complete, that the wage rates
contained therein are not less than those determined by the
Secretary of Labor, and that the classifications set forth for each
laborer or mechanic conform with the work he performed.
Submission of the "Weekly Statement of Compliance" required
under this Agreement shall satisfy the requirement for submission of
the above statement. The Lessor shall submit also a copy of any
approval by the Secretary of Labor with respect to fringe benefits
which is required by paragraph (c) of this clause.
(h) The Lessor shall make the records required under this
clause available for inspection by authorized representatives of the
Contracting Officer and the Department of Labor, and shall permit
such representatives to interview employees during working hours
on the job.
(i) The- Lessor shall comply with the Copeland Regulations
of the Secretary of Labor (29 CFR Part 3) which are incorporated
herein by reference.
Q) The Contracting Officer may withhold or cause to be
withheld from the Lessor so much of the accrued paymnets or
advances as may be considered necessary to pay laborers and
mechanics employed by the Lessor or any subcontractor on the
work the full amount of wages required by the contract.
(k) If the Lessor or any subcontractor fails to pay any laborer
or mechanic employed or working on the site of the work, all or
part of the wages required by the contract, the Contracting Officer
may, after written notice to the Lessor, take such action as may be
necessary to cause suspension of any further payments or advances
until such violations have ceased.
4. OVERTIME
(a) The Lessor shall not require or permit any laborer or
mechanic in any workweek in which he is employed on any work
under this Agreement to work in excess of 8 hours in any calendar
day or in excess of 40 hours in such workweek on work subject to
the provisions of the Contract Work Hours and Safety Standards
Act (40 U.S.C. 327 -333) unless such laborer or mechanic receives
Page 2 of 3
Form 7415 -A
Dec. De 1974
compensation at a rate not less than one and one -half time his basic
late of pay for all such hours worked in excess of 8 hours in any
calendar day or in excess of 40 hours in such workweek, whichever
is the greater number of overtime hours. The "basic rate of pay," as
used in this clause, shall be the amount paid per hour, exclusive of
the Lessor's contribution or cost for fringe benefits and any cash
payment made in lieu of providing fringe benefits, or the basic
hourly rate contained m the wage determination (if applicable),
whichever is greater.
(b) In the event of any violation of the provisions of
paragraph (a), the Lessor shall be Gable to any affected employee
for any amounts due, and to the Postal Service for liquidated
damages. Such liquidated damages shall be computed with respect
to each individual laborer or mechanic employed in violation of the
provisions of paragraph (a) in the sum of $10 for each calendar day
on which such employee was required or permitted to be employed
on such work in excess of 8 hours or in excess of the standard
workweek of 40 hours without payment of the overtime wages
required by paragraph (a).
(c) The Contracting Officer may withhold from the Lessor,
from any moneys payable under the lease, such sums as may
administratively be determined to be necessary to satisfy any
liabilities of the Lessor for unpaid wages and liquidated damages.
5. HEALTH AND SAFETY STANDARDS
(a) To the extent this agreement is for construction, altera-
tion, and /or repair, including painting and decorating, the Lessor
shall not require any laborer or mechanic employed in the
performance of this agreement to work in surroundings or under
working conditions which are unsanitary, hazardous, or dangerous
to his health or safety as determined under standards promulgated
by the Secretary of Labor under the authority of 40 U.S.C. 333 (see
29 CFR Part 1518).
(b) In the event it is determined that the Lessor has failed to
comply with this provision regarding health and safety standards,
the Postal Service, in its discretion, may cancel this agreement,
contract for the balance of the work or term, and charge to the
Lessor the additional cost, if any, incurred thereby.
6. SUBCONTRACT PROVISIONS
The Lessor agrees to insert Clauses 3, 4, 5 and 6 of this
Agreement in all subcontracts hereunder and to require their
inclusion in all subcontracts of lower tier. The term "Lessor" as
used in these clauses in any subcontract shall be deemed to refer to
the subcontractor.
7. ASSIGNMENT OF CLAIMS
(a) If this agreement provides for payments aggregating
81,000 or more, claims for moneys due or to become due the Lessor
from the Postal Service under this Lease 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 Lease and
not already paid, and shall not be made to more than one party
except that any such assignment or reassignment may be made to
one party as agent or trustee for two or more parties participating in
such financing. 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,
(0) the surety or sureties upon the bond or bonds, if any, in
connection with this lease; and (iii) the disbursing officer, if any,
designated in this lease to make payment, and the Contracting
Officer has acknowledged the assignment in wnttng.
(b) Assignment of this lease or any interest in this lease other
than in accordance with the provisions of this clause shall be
grounds for annulment of the lease at the option of the Postal
Service.
Page 3 of 3
deGPO- 1975- 850.432/1392
THIS AGREEMENT is made by and between
U.S. POSTAL SERVICE
LEASE EXTENSION AGREEMENT
City of Round Rock
(Enter name(,) of Lessor)
hereinafter called Lessor, and THE UNITED STATES POSTAL SERVICE.
Ge orget own Avenue
(Main poet office, branch. station, etc) (Street Address)
Round Rock TX 7861,4 • and
(City) (State and ZIP code)
WHEREAS, the Postal Service desires and Lessor is willing to extend said lease as more fully described hereinafter.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set forth, and for the further consideration of
One Dollar (51.00) paid by each party to the other,"receipt whereof is hereby acknowledged, the parties do hereby agree as follows:
known as
1. To extend the terms and conditions of the said lease, as the same may have been extended, modified, or amended, for a
term of not exceeding fwP 1 V (1 9) month(s) from April 1 19 to March 31
19.83_,
at an annual rental of $ 1.8,000 subject to the General Provisions to Lease Extension
Agreement, Form 7415 -A, attached hereto.
2. The Postal Service may terminate this Agreement by giving thirty ( 30 ) days written notice to the landlord.
3 Tha tarn of :(1i' 1 :a may, at the .,,t :.,n of the Postal Sere:.,., L.. f..,51..., a.d....1,A f.., ( )
IL L F. tl..,(..) ..t ....... ,,,..“1 ,..,u.15f • E T E D ,.,Ii
5. When the Postal Service so requests, Lessor shall at Lessor's sole cost and expense have this Agreement recorded in the proper
recording office.
6. All other provisions of the aforementioned lease are hereby confirmed and shall remain the same.
IN WITNESS WHEREOF, the parties hereto have signed and sealed these presents this
day of 19 $ .. CITY OF ROUND ROCK
WITNESSES:
1.
2.
SEAL.
WHEREAS, by Lease dated September 24 1971_, the Lessor has leased to the Postal Service certain premises
Main Post Office and located at
4. The following paragraphs were added or deleted before - - execution:
Paragraph 3 deleted.
By:
Larry L. Tonn, Mayor
214 E. Main, Round Rock, TX 78664
(Street, City, State & ZIP Code Address of Lessor) (Telephone No. of Lessor)
ACCEPTED by the undersigned for the Postal Service this day of
WITNESS: THE UNITED STATES POSTAL SERVICE
19_$1 .
By:
William H. Brady, Jr.
Title: Manager, Rpm] Est atp Branch
(Contracting Officer)
PS Form 7415
Dec. 1974
GENERAL PROVISIONS TO LEASE EXTENSION AGREEMENT
1. FACILITIES NONDISCRIMINATION
(The following clause is applicable when the leased space is in a
building occupied by tenants or concessionaires in addition to the
Postal Service and if the total rental under this Lease Extension
Agreement exceeds $10,000 per year, or at the sole election of the
Postal Service, if the total rental under this Lease Extension
Agreement combined with the total rental under all other Federal
government Leases of space in the building in which the space
covered by this lease is located exceeds $10,000 per year.)
(a) As used in this clause, the term "facility" means stores,
shops, restaurants, cafeterias, restrooms, and any other facility ofa
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, colas, religion, sex, or national origin in furnishing, or by
refusing to furnish, to such person or persons the use of any facility
including any and all semces, privileges, accommodations, and
activities provided thereby.
(c) It is agreed that the Lessor's 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 con-
cession 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.
2. EQUAL OPPORTUNITY
(The following is applicable unless this contract is exempt
under the rules, regulations, and relevant orders of the Secretary of
Labor (41 CFR, Ch. 60).)
During the performance of this contract, the Lessor agrees as
follows:
(a) The Lessor will not discriminate against any employee or
applicant for employment because of race, religion, color, sex, or
national origin. The Lessor will take affirmative action to ensure
that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex or
national origin. Such action shall include, but not be limited to the
following: Employment, upgrading, demotion, or transfer; recruit-
ment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection for training,
including apprenticeship. The Lessor agrees to post in conspicuous
places, available to employees and applicants for employment,
notices to be provided by the Contracting Officer settling forth the
provisions of this Equal Opportunity clause.
(b) The Lessor will, m 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, sex, or national origin.
Form 7415 -
Dec. De 1974
(c) The Lessor will send to each labor union or representative
of workers with which he has a collective bargaining agreement or
other contract or understanding, a notice, to be provided by the
agency Contracting Officer, advising the labor union or workers'
representative of the Lessor's commitments under this Equal
Opportunity clause, and shall post copies of the notice in
conspicuous places available to employees and applicants for
employment.
(d) The 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, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and
accounts by the contracting agency and the Secretary of Labor for
purposes of investigation 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 Govemment contracts in accord-
ance 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 Executive Order No. 11246 of
September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise 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 noncompliance: 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 to
enter into such litigation to protect the interests of the United
States.
3. PAYMENT OF PREVAILING WAGES
The following clause is applicable if the net interior space of
the premises leased pursuant to the agreement identified on the face
of this Lease Extension Agreement exceeds 6,500 square feet:
(a) All mechanics and laborers employed in construction,
modification, alteration, repair, painting, decoration, or other
improvement of the building or space covered by this agreement, or
improvement at the site of the building or facility covered by this
agreement (other than maintenance work necessary to keep the
building or space in such condition that it may be continuously used
at an established capacity and efficiency for its intended purpose),
shall be paid unconditionally and not less often than once a week,
and without subsequent deduction or rebate on any account (except
such payroll deductions as are permitted by the Copeland Regula-
tions (29 CFR Part 3)), the full amounts due at time of payment
computed at wage rates not less than the aggregate of the basic
hourly rates and the rates of payments, contributions, or costs for
Page 1 of 3
any fringe benefits contained in the wage determination decision of
the Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may be
alleged to exist between the Lessor or subcontractor and such
laborers and mechanics. A copy of such wage determination
decision shall be kept posted by the Lessor at the site of the work in
a prominent place where it can be easily seen by the workers.
(b) The Lessor may discharge his obligation under this clause
to workers in any classification for which the wage determination
decision contains:
(1) Only a basic hourly rate of pay, by making payment
at not less than such basic hourly rate, except as otherwise
provided in the Copeland Regulations (29 CFR Part 3); or
(2) Both a basic hourly rate of pay and fringe benefits
payments, by making payment in cash, by irrevocably making
contributions pursuant to a fund, plan, or program for, and /or
by assuming an enforceable commitment to bear the cost of,
bona fide fringe benefits contemplated by 40 U.S.C. 276a, or
by any combination thereof. Contributions made, or costs
assumed, on other than a weekly basis shall be considered as
having been constructively made or assumed during a weekly
period to the extent that they apply to such period. Where 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, he shall
furnish information with his payrolls showing how he deter-
mined 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 benefit. In any case where the
Lessor provides a fringe benefit different from any contained
in the wage determination, he shall similarly show how he
arrived. at the hourly rate shown therefor. In the event of
disagreement between or among the interested parties as to an
equivalent of any fringe benefit, the Contracting Officer shall
submit the question, together with his recommendation, to the
Secretary of Labor for final determination.
(c) The assumption of an enforceable commitment to bear
the cost of fringe benefits, or the provision of any fringe benefits
not expressly listed in section (b)(2) of 40 U.S.C. 276a or in the
wage determination decision forming a part of the contract, may be
considered as payment of wages 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 his obligations under any unfunded plan
or program.
(d) The Contracting Officer shall require that any class of
laborers on mechanics which is not hsted in the wage determination
decision and which is to be employed under the contract shall be
classified or reclassified conformably to the wage determination
decision, and shall report the action °taken to the Secretary of
Labor. If the interested parties cannot agree on the proper
classification or reclassification of a particular class of laborers or
mechanics to be used, the Contracting Officer shall submit the
question, together with his recommendation, to the Secretary of
Labor for final determination.
(e) Apprentices shall be permitted to work as such only when
they are registered, individually, under a bona fide apprenticeship
program registered with a State apprenticeship agency which is
recognized by the Bureau of Apprenticeship and Training, United
States Department of Labor; or, if no such recognized agency exists
in a State, under a program registered with the aforesaid Bureau of
Apprenticeship and Training. The allowable ratio of apprentices to
journeymen in any craft classification shall not be greater than the
PS Form 7415 -
Dec. 1974
ratio permitted to the Lessor as to his entire work force under the
registered program. Any employee listed on a payroll at an
apprentice wage rate, who is not registered as above, shall be paid
the wage rate determined by the Secretary of Labor for the
classification of work he actually performed. The Lessor shall
furnish written evidence of the registration of his program and
apprentices as well as of the ratios allowed and the wage rates
required to be paid thereunder for the area of construction, prior to
using any apprentices in the work.
(f) The Lessor shall maintain payrolls and basic records
relating thereto during the course of the work and shall preserve
them for a period of three years thereafter for all laborers and
mechanics employed in the work covered by this clause. Such
records shall contain the name and address of each such employee,
his correct classification, rate of pay (including rates of contribu-
tions for, or costs assumed to provide, fringe benefits), daily and
weekly number of hours worked, deductions made and actual wages
paid. Whenever the Lessor has obtained approval from the Secretary
of Labor as provided m paragraph (c) of this clause, he shall
maintain records which show the commitment, its approval, written
communication of the plan or program to the laborers or mechanics
affected, and the costs anticipated or incurred under the plan or
program.
(g) The Lessor shall submit weekly a copy of all payrolls to
the Contracting Officer. The Lessor shall be responsible for the
submission of copies of payrolls of all subcontractors. The copy
shall be accompanied by a statement signed by the Lessor indicating
that the payrolls are correct and complete, that the wage rates
contained therein are not less than those determined by the
Secretary of Labor, and that the classifications set forth for each
laborer or mechanic conform with the work he performed.
Submission of the "Weekly Statement of Compliance" required
under this Agreement shall satisfy the requirement for submission of
the above statement. The Lessor shall submit also a copy of any
approval by the Secretary of Labor with respect to fringe benefits
which is required by paragraph (c) of this clause.
(h) The Lessor shall make the records required under this
clause available for inspection by authorized representatives of the
Contracting Officer and the Department of Labor, and shall permit
such representatives to interview employees during working hours
on the job.
(i) The Lessor shall comply with the Copeland Regulations
of the Secretary of Labor (29 CFR Part 3) which are incorporated
herein by reference.
(j) The Contracting Officer may withhold or cause to be
withheld from the Lessor so much of the accrued paymnets or
advances as may be considered necessary to pay laborers and
mechanics employed by the Lessor or any subcontractor on the
work the full amount of wages required by the contract.
(k) If the Lessor or any subcontractor fails to pay any laborer
or mechanic employed or working an the site of the work, all or
part of the wages required by the contract, the Contracting Officer
may, after written notice to the Lessor, take such action as may be
necessary to cause suspension of any further payments or advances
until such violations have ceased.
4. OVERTIME
(a) The Lessor shall not require or permit any laborer or
mechanic in any workweek in which he is employed on any work
under this Agreement to work in excess of 8 hours in any calendar
day or in excess of 40 hours in such workweek on work subject to
the provisions of the Contract Work Hours and Safety Standards
Act (40 U.S.C. 327 -333) unless such laborer or mechanic receives
Page 2 of 3
compensation at a rate not less than one and one -half time his basic
rate of pay for all such hours worked in excess of 8 hours in any
calendar day or in excess of 40 hours in such workweek, whichever
is the greater number of overtime hours. The "basic rate of pay," as
used in this clause, shall be the amount paid per hour, exclusive of
the Lessor's contribution or cost for fringe benefits and any cash
payment made in lieu of providing fringe benefits, or the basic
hourly rate contained m the wage determination (if applicable),
whichever is greater.
(b) In the event of any violation of the provisions of
paragraph (a), the Lessor shall be liable to any affected employee
for any amounts due, and to the Postal Service for liquidated
damages. Such liquidated damages shall be computed with respect
to each individual laborer or mechanic employed in violation of the
provisions of paragraph (a) in the sum of $10 for each calendar day
on which such employee was required or permitted to be employed
on such work in excess of 8 hours or in excess of the standard
workweek of 40 hours without payment of the overtime wages
required by paragraph (a).
(c) The Contracting Officer may withhold from the Lessor,
from any moneys payable under the lease, such sums as may
administratively be determined to be necessary to satisfy any
liabilities of the Lessor for unpaid wages and liquidated damages.
5. HEALTH AND SAFETY STANDARDS
(a) To the extent this agreement is for construction, altera-
tion, and /or repair, including painting and decorating, the Lessor
shall not require any laborer or mechanic employed in the
performance of this agreement to work in surroundings or under
working conditions which are unsanitary, hazardous, or dangerous
to his health or safety as determined under standards promulgated
by the Secretary of Labor under the authority of 40 U.S.C. 333 (see
29 CFR Part 1518).
(b) In the event it is determined that the Lessor has failed to
comply with this provision regarding health and safety standards,
Form 7415 -
Dec. De 1974
the Postal Service, in its discretion, may cancel this agreement,
contract for the balance of the work or term, and charge to the
Lessor the additional cost, if any, incurred thereby.
6. SUBCONTRACT PROVISIONS
The Lessor agrees to insert Clauses 3, 4, 5 and 6 of this
Agreement in all subcontracts hereunder and to require their
inclusion in all subcontracts of lower tier. The term "Lessor" as
used in these clauses in any subcontract shall be deemed to refer to
the subcontractor.
7. ASSIGNMENT OF CLAIMS
(a) If this agreement provides for payments aggregating
11,000 or more, claims for moneys due or to become due the Lessor
from the Postal Service under this Lease 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 Lease and
not already paid, and shall not be made to more than one party
except that any such assignment or reassignment may be made to
one party as agent or trustee for two or more parties participating in
such financing. 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;
(u) the surety or sureties upon the bond or bonds, if any, in
connection with this lease; and (iii) the disbursing officer, if any,
designated in this lease to make payment, and the Contracting
Officer has acknowledged the assignment in writing.
(b) Assignment of this lease or any interest in this (ease other
than in accordance with the provisions of this clause shall be
grounds for annulment of the lease at the option of the Postal
Service.
Page 3 of 3
tr G P O- 1975- 650 -432/ 1392
THIS AGREEMENT is made by and between
U.S. POSTAL SERVICE
LEASE EXTENSION AGREEMENT
City of Round Rock
(Enter name(s) of Lessor)
hereinafter called Lessor, and THE UNITED STATES POSTAL SERVICE.
known as
1.
2.
SEAL
WHEREAS, by Lease dated September 24 1922 the Lessor has leased to the Postal Service certain premises
Main Post Office and located at
(brain port office, branch, station, eta)
Georgetown Avenue
(Street Address)
Round Rock TX 78664 • and
(City) (State and ZIP code)
WHEREAS, the Postal Service desires and Lessor is willing to extend said lease as more fully described hereinafter.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set forth, and for the further consideration of
One Dollar (51.00) paid by each party to the other, receipt whereof is hereby acknowledged, the parties do hereby agree as follows:
1. To extend the terms and conditions of the said lease, as the same may have been extended, modified, or amended, for a
term of not exceeding twe 1 AP ( 17) month(s) from Apri 1 1 , 19 82 , to March 31 19.83 ,
at an annual rental of S 1$,000 subject to the General Provisions to Lease Extension
Agreement, Form 7415 -A, attached hereto.
2. The Postal Service may terminate this Agreement by giving thirty ( 30 ) days written notice to the landlord.
3. The t ^r-< of :aid Ieaso m.» .1 lie .,piien of the Poot..1 S..G.., Le S.,t1.....,t. „1..1 L,. ( )
)Z L g ,.,T,.X tf,,,(,) ut ......,,,,,.ul ,.,1}..1$f ۥ R T E D , all
4. The following paragraphs were added or deleted before execution:
Paragraph 3 deleted.
5. When the Postal Service so requests, Lessor shall at Lessor's sole cost and expense have this Agreement recorded in the proper
recording office.
6. All other provisions of the aforementioned lease are hereby confirmed and shall remain the same.
114 WITNESS WHEREOF, the parties hereto have signed and sealed these presents this
day of 19 .
WITNESSES'
214 E. Main, Round Rock, TX 78664
CITY OF ROUND ROCK
By:
Larry L. Tonn, Mayor
(Street, City, State & ZIP Code Address of Lessor) (Telephone No. of Lessor)
ACCEPTED by the undersigned for the Postal Service this
day of 19_31..
WITNESS: THE UNITED STATES POSTAL SERVICE
By:
William H. Brady, Jr.
Title: Mansur, RP a1 Es tat e Rranrh
(Contracting Officer)
PS Form 7415
Dec. 1974
GENERAL PROVISIONS TO LEASE EXTENSION AGREEMENT
1. FACILITIES NONDISCRIMINATION
(The following clause is applicable when the leased space is in a
building occupied by tenants or concessionaires in addition to the
Postal Service and if the total rental under this Lease Extension
Agreement exceeds $10,000 per year, or at the sole election of the
Postal Service, if the total rental under this Lease Extension
Agreement combined with the total rental under all other Federal
government leases of space in the building in which the space
covered by this lease is located exceeds 010,000 per year.)
(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, color, religion, sex, or national origin in furnishing, or by
refusing to furnish, to such person or persons the use of any facility
including any and all services, privileges, accommodations, and
activities provided thereby.
(c) It is agreed that the Lessor's noncomphance 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 con-
cession 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.
2. EQUAL OPPORTUNITY
(The following is applicable unless this contract is exempt
under the rules, regulations, and relevant orders of the Secretary of
Labor (41 CFR, Ch. 60).)
During the performance of this contract, the Lessor agrees as
follows:
(a) The Lessor will not discriminate against any employee or
applicant for employment because of race, religion, color, sex, or
national origin. The Lessor will take affirmative action to ensure
that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex or
national origin. Such action shall include, but not be limited to the
following Employment, upgrading, demotion, or transfer; recruit-
ment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation, and selection for training,
including apprenticeship. The Lessor agrees to post in conspicuous
places, available to employees and applicants for employment,
notices to be provided by the Contracting Officer settling 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, sex, or national origin.
PS Form 7415 -
Dec. 1974
(c) The Lessor will send to each labor union or representative
of workers with which he has a collective bargaining agreement or
other contract or understanding, a notice, to be provided by the
agency Contracting Officer, advising the labor union or workers'
representative of the Lessor's commitments under this Equal
Opportunity clause, and shall post copies of the notice in
conspicuous places available to employees and applicants for
employment.
(d) The 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, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to this books, records, and
accounts by the contracting agency and the Secretary of Labor for
purposes of investigation 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 accord-
ance 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 Executive Order No. 11246 of
September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise 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 noncompliance: Provided, however, That m the event
the Lessor becomes involved in, or is threatened with, litigation with
a subcontractor or vendor as a result of such d by the
contracting agency, the Lessor may request the United States to
enter into such litigation to protect the interests of the United
States.
3. PAYMENT OF PREVAILING WAGES
The following clause is applicable if the net interior space of
the premises leased pursuant to the agreement identified on the face
of this Lease Extension Agreement exceeds 6,500 square feet:
(a) All mechanics and laborers employed in construction,
modification, alteration, repass, painting, decoration, or other
improvement of the building or space covered by this agreement, or
improvement at the site of the building or facility covered by this -
agreement (other than maintenance work necessary to keep Inc
building or space in such condition that it may be continuously used
at an established capacity and efficiency for its intended purpose),
shall be paid unconditionally and not less often than once a week,
and without subsequent deduction or rebate on any account (except
such payroll deductions as are permitted by the Copeland Regula-
tions (29 CFR Part 3)), the full amounts due at lime of payment
computed at wage rates not less than the aggregate of the basic
hourly rates and the rates of payments, contributions, or costs for
Page 1 of 3
any fringe benefits contained in the wage determination decision of
the Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may be
alleged to exist between the Lessor or subcontractor and such
laborers and mechanics. A copy of such wage determination
decision shall be kept posted by the Lessor at the site of the work in
a prominent place where it can be easily seen by the workers.
(b) The Lessor may discharge his obligation under this clause
to workers in any classification for which the wage determination
decision contains:
(1) Only a basic hourly rate of pay, by making payment
at not less than such basic hourly rate, except as otherwise
provided in the Copeland Regulations (29 CFR Part 3); or
(2) Both a basic hourly rate of pay and fringe benefits
payments, by making payment in cash, by irrevocably making
contributions pursuant to a fund, plan, or program for, and/or
by assuming an enforceable commitment to bear the cost of,
bona fide fringe benefits contemplated by 40 U.S.C. 276a, or
by any combination thereof. Contributions made, or costs
assumed, on other than a weekly basis shall be considered as
having been constructively made or assumed during a weekly
period to the extent that they apply to such period. Where 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, he shall
furnish information with his payrolls showing how he deter-
mined 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 benefit. In any case where the
Lessor provides a fringe benefit different from any contained
in the wage determination, he shall similarly show how he
arrived at the hourly rate shown therefor. In the event of
disagreement between or among the interested parties as to an
equivalent of any fnnge benefit, the Contracting Officer shall
submit the question, together with his recommendation, to the
Secretary of Labor for foal determination.
(c) The assumption of an enforceable commitment to bear
the cost of fringe benefits, or the provision of any fringe benefits
not expressly listed in section (b)(2) of 40 U.S.C. 276a or in the
wage determination decision forming a part of the contract, may be
considered as payment of wages 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 his obligations under any unfunded plan
Of program.
(d) The Contracting Officer shall require that any class of
laborers or mechanics which is not listed in the wage determination
decision and which is to be employed under the contract shall be
classified or reclassified conformably to the wage determination
decision, and shall report the action taken to the Secretary of
Labor. If the interested parties cannot agree on the proper
classification or reclassification of a particular class of laborers or
mechanics to be used, the Contracting Officer shall submit the
question, together with his recommendation, to the Secretary of
Labor for final determination.
(e) Apprentices shall be permitted to work as such only when
they are registered, individually, under a bona fide apprenticeship
program registered with a State apprenticeship agency which is
recognized by the Bureau of Apprenticeship and Training, United
States Department of Labor; or if no such recognized agency exists
in a State, under a program registered with the aforesaid Bureau of
Apprenticeship and Training. The allowable ratio of apprentices to
journeymen in any craft classification shall not be greater than the
PS Form 7415 -A
Dec. 1974
• _o
ratio permitted to the Lessor as to his entire work force under the
registered program. Any employee listed on a payroll at an
apprentice wage rate, who is not registered as above, shall be paid
the wage rate determined by the Secretary of Labor for the
classification of work he actually performed. The Lessor shall
furnish written evidence of the registration of his program and
apprentices as well as of the ratios allowed and the wage rates
required to be paid thereunder for the area of construction, prior to
using any apprentices in the work.
(f) The Lessor shall maintain payrolls and basic records
relating thereto during the course of the work and shall preserve
them for a period of three years thereafter for all laborers and
mechanics employed in the work covered by this clause. Such
records shall contain the name and address of each such employee,
his correct classification, rate of pay (including rates of contribu-
tions for, or costs assumed to provide, fringe benefits), dally and
weekly number of hours worked, deductions made and actual wages
paid. Whenever the Lessor has obtained approval from the Secretary
of Labor as provided in paragraph (c) of this clause, he shall
maintain records which show the commitment, its approval, written
communication of the plan or program to the laborers or mechanics
affected, and the costs anticipated or incurred under the plan or
program.
(g) The Lessor shall submit weekly a copy of all payrolls to
the Contracting Officer. The Lessor shall be responsible for the
submission of copies of payrolls of all subcontractors. The copy
shall be accompanied by a statement signed by the Lessor indicating
that the payrolls are correct and complete, that the wage rates
contained therein are not less than those determined by the
Secretary of Labor, and that the classifications set forth for each
laborer or mechanic conform with the work he performed.
Submission of the "Weekly Statement of Compliance" required
under this Agreement shall satisfy the requirement for submission of
the above statement. The Lessor shall submit also a copy of any
approval by the Secretary of Labor with respect to fringe benefits
which is required by paragraph (c) of this clause.
(h) The Lessor shall make the records required under this
clause available for inspection by authorized representatives of the
Contracting Officer and the Department of Labor, and shall permit
such representatives to interview employees during working hours
on the job.
(s) The Lessor shall comply with the Copeland Regulations
of the Secretary of Labor (29 CFR Part 3) which are incorporated
herein by reference.
0) The Contracting Officer may withhold or cause to be
withheld from the Lessor so much of the accrued paymnets or
advances as may be considered necessary to pay laborers and
mechanics employed by the Lessor or any subcontractor on the
work the full amount of wages required by the contract.
(k) If the Lessor or any subcontractor fails to pay any laborer
or mechanic employed or working on the site of the work, all or
part of the wages required by the contract, the Contracting Officer
may, after written notice to the Lessor, take such action as may be
necessary to cause suspension of any further payments or advances
until such violations have ceased.
4. OVERTIME
(a) The Lessor shall not require or permit any laborer or
mechanic in any workweek in which he is employed on any work
under this Agreement to work in excess of 8 hours in any calendar
day or in excess of 40 hours in such workweek on work subject to
the provisions of the Contract Work Hours and Safety Standards
Act (40 U.S.C. 327 -333) unless such laborer or mechanic receives
Page 2 of 3
-
compensation at a rate not less than one and one -half time his basic
rate of pay for all such hours worked in excess of 8 hours in any
calendar day or in excess of 40 hours in such workweek, whichever
is the greater number of overtime hours. The "basic rate of pay," as
used in this clause, shall be the amount paid per hour, exclusive of
the Lessor's contribution or cost for fringe benefits and any cash
payment made in lieu of providing fringe benefits, or the basic
hourly rate contained m the wage determination (if applicable),
whichever is greater.
(b) In the event of any violation of the provisions of
paragraph (a), the Lessor shall be Gable to any affected employee
for any amounts due, and to the Postal Service for liquidated
damages. Such liquidated damages shall be computed with respect
to each individual laborer or mechanic employed in violation of the
provisions of paragraph (a) in the sum of $10 for each calendar day
on which such employee was required or permitted to be employed
on such work in excess of 8 hours or in excess of the standard
workweek of 40 hours without payment of the overtime wages
required by paragraph (a).
(c) The Contracting Officer may withhold from the Lessor,
from any moneys payable under the lease, such sums as may
administratively be determined to be necessary to satisfy any
liabilities of the Lessor for unpaid wages and liquidated damages.
5. HEALTH AND SAFETY STANDARDS
(a) To the extent this agreement is for construction, altera-
tion, and /or repair, including painting and decorating, the Lessor
shall not require any laborer or mechanic employed in the
performance of this agreement to work in surroundings or under
working conditions which are unsanitary, hazardous, or dangerous
to his health or.safety as determined under standards promulgated
by the Secretary of Labor under the authority of 40 U.S.C. 333 (see
29 CFR Part 1518).
(b) In the event it is determined that the Lessor has failed to
comply with this provision regarding health and safety standards,
PS Form 7415.A
Dec. 1974
the Postal Service, in its discretion, may cancel this agreement,
contract for the balance of the work or term, and charge to the
Lessor the additional cost, if any, incuned thereby.
6. SUBCONTRACT PROVISIONS
The Lessor agrees to insert Clauses 3, 4, 5 and 6 of this
Agreement in all subcontracts hereunder and to require their
inclusion in all subcontracts of lower tier. The term "Lessor" as
used in these clauses in any subcontract shall be deemed to refer to
the subcontractor.
7. ASSIGNMENT OF CLAIMS
(a) If this agreement provides for payments aggregating
51,000 or more, claims for moneys due or to become due the Lessor
from the Postal Service under this Lease 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 Lease and
not already paid, and shall not be made to more than one party
except that any such assignment or reassignment may be made to
one party as agent or trustee for two or more parties participating in
such financing. 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 (r) the Contracting Officer;
(0) the surety or sureties upon the bond or bonds, if any, in
connection with this lease; and (iii) the disbursing officer, if any,
designated in this lease to make payment, and the Contracting
Officer has acknowledged the assignment in writing.
(b) Assignment of this lease or any interest in this lease other
than in accordance with the provisions of this clause shall be
grounds for annulment of the lease at the option of the Postal
Service.
Page 3 of 3
A GPO - 1975- 650. 432/1392
PS Form 7319 -
May 1975
1
U. S. POSTAL SERVICE
REPRESENTATIONS AND CERTIFICATIONS
PAGE 1 OF
NAME AND ADDRESS OF OFFEROR (No.. Street, City, State, and ZIP Code)
USPS SOLICITATION NO.
DATE OF OFFER
is
voting,
THE OFFEROR MAKES THE FOLLOWING REPRESENTATIONS
(Check and /or complete all applicable boxes or blocks TTre
procurement is negotiated.)
I. SMALL BUSINESS CONCERN /MINORITY ENTERPRISE
- 1i ^!Ri■ is not, a sma usmess concern an. e • is,
concern" is a concern, in . ' tes, which is independently
suhnnitting an offer, and is of a size consistent w et i
r ire employing not more than 500 employees, and - •
is owned or controlled by n , : morrty group (i.e.,
.. �rrcan skunos, and American Aleuts. For further
2. TYPE OF ORGANIZATION
He operates as an ❑individual, ❑partnership, ❑joint venture,
State of
AND CERTIFICATIONS AS A PART OF THE OFFER IDENTIFIED ABOVE.
tern "offer' means bid where the procurement 0 advertised, and proposal where the
* * 8 a `S a ?
• is not, a minority enterprise. or t ie purpose 0 t us o �B /:'•-..--- l ess .
owned and operated, is not don '.. ' c . as b non in which it is
orth h • art
• - 5 or if no standard o of the !,hasbran established, a
pnt
ewe prise • � • . .• hie /i 507r or more frhe proprrctaq�irttrrest therein
Black Americans, Spanish - speaking American . •
interpretation, see Postal Contracting' Manual. narapranh 1.707 meni� ails, 4nhericai
❑ corporation, ❑a nonprofit organization incorporated in the
supply contracts where the offer exceeds $10,000.)
offered.
NUMBER
as described below? ❑ Yes ❑ No. (For the purpose of tins off: r, a prrenu company
basic business policies of the offeror. To own another company means ,he parent
of the voting rights in that company. To control another company, such rwnern/dp
or veto basic business policy decisions of the offeror, such ou'er company is
may he exercised through the use of dominant minority voting right;, use of proxy
in the spas: below the name and main office address of the parent company.
3. REGULAR DEALER /MANUFACTURER (Check only for
He is a ❑regular dealer in, ❑manufacturer of, the supplies
4. PARENT COMPANY AND EMPLOYER IDENTIFICATION
(a) Is the offeror owned or controlled by a parent company
is defined as one which either owns or controls the activities and
compare must own at least a nm/ority (more than 50 percent)
not required; if another calumny is able to formulate, determine,
considered the parent company of the offeror. This control
contractual arrangements, or otherwise.)
(b) If the answer to (a) above is "Yes," offeror shall insert
NAME OF PARENT COMPANY
MAIN OFFICE ADDRESS (No., Street, City, State and ZIP Code)
(c) Offeror shall insert in the applicable space below, if he has no parent company, his own Employer's Identification Number (E.I. No.)
(Federal Social Security Number used on Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 9 or, if he has a parent
company, the E.I. No. of his parent company.
EMPLOYER IDENTIFICATION PARENT COMPANY OFFEROR
NUMBER OF:
5. BUY AMERICAN CERTIFICATE
The offeror hereby certifies that each end product, except any end products he has listed below, is a domestic source end product (as defined
in the clause entitled "Buy American Act "); and that components of unknown origin have been considered to have been mined, produced or
manufactured outside the United States.
EXCLUDED END PRODUCTS COUNTRY OF ORIGIN
6. EQUAL OPPORTUNITY (Check only if offer exceeds $ 10,000
He ❑ has, ❑ has not, participated in a previous contract
contained in Section 301 of Executive Order No. 10925, or the
filed all required compliance reports; and representations indicating
will be obtained prior to subcontract awards. (The above representation
from the Equal Opportunity clause.)
7. EQUAL OPPORTUNITY AFFIRMATIVE ACTION PROGRAM
more.)
The offeror represents that (1) he ❑has developed and has
affirmative action programs as required by the rules and regulations
previously had contracts subject to the written affirmative action
(The above representation need not be submitted in connection
in amount.)
or subcontract subject to the Equal Opportunity clause herein, the clause originally
clause contained in Section 201 of Executive Order No. 1 1114;he ❑has, ❑has not,
submission of required compliance reports, signed by proposed subcontractors,
need not be submitted in connection with contracts which are exempt
(Check only if offer exceeds $50.000 and offeror has 50 employees or
on file, ❑has not developed and does not have on file, at each establishment
of the Secretary of Labor (41 CFR 60.1 and 60-2), or (2) he ❑has not
program requirement of the rules and regutattons of the Secretary of Labor.
with contracts which are exempt from the Equal Opportunity clause).
PS Form 7319 -
May 1975
1
PAGE
(
0
& CONTINGENT FEE
(a) He ❑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, and(b) hellos, 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. If the offeror responds in the affirmative, he shall furnish, in duplicate, a completed Form 7319, Contractor's Statement of Contingent
or Other Fees, and any other information as may be requested by the Contracting Officer. If offeror has previously furnished a completed Form 7319
to the office issuing this solicitation, he may accompany his offer with a signed statement (a) indicating when .uch completed form was previously
furnished, (b) identifying by number the previous solicitation or contract, if any, in connection with which su. 'arm was submitted, and (c) repre-
senting that the statement in such form is applicable to this offer. (For interpretation of the representation, inch. ling the term "bona fide employee,"
see Postal Contracting Manual, subparagraph i- 504.3.)
9. CLEAN AiR AND WATER CERTIFICATION
(Applicable only If (i) the offer exceeds 8100,000, or (ii) the offer is for an indefinite quantity and it indicates that orders for estimated
quantities will exceed 5100,000 in any year, or (iii) a facility to be used is listed on the EPA List of Violating Facilities due to a criminal
conviction, or (iv) the contract is not otherwise exempt.)
The offeror (I) certifies that any facility to be utilized in the performance of this proposed contract ❑ is, Q is not, listed on the
Environmental Protection Agency List of Violating Facilities as of the date of this offer, and (2) agrees to notify the Contr_cting Officer promptly
if any communication is received from the Environmental Protection Agency prior to contract awaid Indicating thatany such facility is under
consideration for inclusion on the List.
10. INDEPENDENT PRICE DETERMINATION
(a) By submission of this offer, each offeror certifies, and in the case of joint offer, each party thereto certifies as to his own organization,
that in connection with this procurement:
(1) The prices of this offer have been arrived at independently, without consultation, communication, or agreement, for the purpose
of restricting competition, as to any matterrelating to such prices with any other offeror or with any competitor;
(2) Unless otherwise required by law, the prices set forth in this offer have not been knowingly disclosed by the offeror and wi'II not
knowingly be disclosed by the offeror, pnor to opening, in the case of a bid, or prior to award, in the case of a proposal, directly or indirectly
td 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 to submit an offer
for the purpose of restricting competition.
(b) Each person signing this offer certifies that:
(I) He is the person in the offeror's organization responsible within that organization for the decision as to the prices being offered
herein and that-Cc has not participated, and will not participate, in any action contrary to (a) (1) through (a) (3) above; or
(2) (i) He is not the person in the offeror's organization responsible within that organization for the decision as to the prices being
offered herein but that' he has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such
persons have not participated, and will not participate, in any action contrary to (a) (1) through (a) (3) above, and as their agent does hereby
so certify; and (tai) he has not participated, and will not participate, in any action contrary to (a) (1) Through (a) (3) above.
(c) This certification is not applicable to a foreign offeror submitting an offer for a contract which requires performance or delivery outside
the United States, its possessions, and Puerto Rico.
(d) An offer will not be considered for award where (a) (1), (a) (3), or (b) above, has been deleted or modified. Where (a) (2) above, has .
been deleted or modified, the offer will not be considered for award unless the offeror furnishes with the offer a signed statement which sets'forth
in detail the circumstances of the disclosure and the head of procuring activity determines that such disclosure was notjnade for the purpose of
restricting competition.
I1. CERTIFICATION OF NONSEGREGATED FACILITIES
(Applicable to (1) contracts, (2) subcontracts, and (3) agreements with applicants who are rhemrch•erperforming federally assisted construction
contracts, exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause. An offer will not be considered for
award where this certification is applicable and it has been deleted or modified.)
By the submission of this offer, the offeror, applicant, or subcontractor certifies that he does not maintain or provide for his employees any
segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his
control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facili-
ties at any of his establishments, and that he will not permit his employees to perform their service's at any location, under his control,where
segregated facilities are maintained. The offeror, applicant or subcontractor agrees that a breach of this certification is a violation of the Equal
Opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms
and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing facilities provided for employees which 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. He further agrees that (except
where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from
proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of ate. Equal
Opportunity clause; that he will retain such certifications in his files; and that he will forward the following notice to such proposed subcontractors
(except where the proposed subcontractors have submitted identical certifications for specific time periods):
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR
CERTIFICATIONS OF NONSEGREGATED FACILITIES
A Certification of Nonsegregated Facilities must be submitted prior to time award of a subcontract exceeding S 10,000 which is not exempt
from the provisions of the Equal Opportunity clause. The certification may be submitted either for each - subcontract or for alt subcontracts during
a period(i.e., quarterly, semiannually, or annually).
NOTE.—OFFERS .)MUST SET FORTH FULL. ACCURATE, AND COMPLETE INFORMATION AS REQUIRED EY THIS SOLICITATION
(INCLUDING ATTACHMENTS). THE PENALTY FOR MAKING FALSESTATEMENTS IN OFFERSJS PRESCRIBED IN 13 U.S.0 1001.
*+U.S.Government Printing Otrlcer 1975 — 650-493/1474 Region 5.1
NA MC AN AOO R ESC OF OFFEROR (No. and Strout, Apt /Suite No., City, County, State and LIP Code)
THE U.S. POSTAL SERVICE IS COOPERATING WITH OTHER AGENCIES OF THE FEDERAL GOVERNMENT IN THE COLLECTING OF
DATA CONCERNING CONTRACT AWARDS. THE OFFEROR IS REQUESTED TO CHECK THE APPROPRIATE BLOCKIS) CONTAINED
ON THIS FORM.
NOTE: Offers MUST set forth full, accurate and complete information as required by this solicitation (including attachments). The penalty for
making false statements in offers is prescribed in 18 U.S.C. 1001.
1. SMALL BUSINESS CONCERN. A small business con-
cern 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 opera-
tions in which it is submitting an offer, and is of a size con-
sistent with the standards set forth by SBA in CFR Part
121, or if no standard has been established, then of a size
employment not more than 500 employees. (Also sec PCM
Section 1, Part 7.)
2. MINORITY ENTERPRISE. A concern of which at least
51 percent is owned by one or more members of a minority
group. (For the purpose of this definition, minority group
members are Black Americans, Hispanic Americans, Native
Americans, and Asian - Pacific Americans. The term "Native
Amcricans" mcans American Indians, Eskimos, Aleuts and
native tlawiial "Asian-Pail Americans" means U.S. citi-
zens whose origins are from Japan, China, thc Philippines,
Vietnam, Korea, Samoa, Guam, thc U.S. Trust Territories of
thc Pacific, North Marianas, Laos, Cambodia and Taiwan.)
3. WOMAN -OWNED BUSINESS. A woman -owned busi-
ness is a business which is at (east 51 percent owned, con-
trolled, ano operated by a woman or women. Controlled is
defined as exercising the power to make policy decisions.
Operated is defined as actively involved in the day-to-day
Management.
4. LABOR SURPLUS AREA. A geographical area which
at the time of award is either a section of concentrated un-
employment or underemployment, a persistent labor
DEFINITIONS
surplusarea, or a substantial labor surplus area, as defined
in this paragraph.
(a) Section of concentrated unemployment or underem-
ployment means appropriate sections of States or labor
areas so classified by the Secretary of Labor.
(b) 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 Arca Trends in Employment and
Unemployment.
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 Substan-
tial Umermployment) and which is listed as such by
that Department in conjunction with its publication
Arca Trends in Employment and Unemployment.
5. LABOR SURPLUS AREA CONCERN. A firm which
will perform or cause to be performed a substantial pro-
portion of a contract in a labor surplus area.
(c)
6. EDUCATIONAL OR OTHER NONPROFIT ORGANI-
ZATION. Any corporation, foundation, trust, or other in-
stitution operated for scientific or educational purposes,
not organized for profit, no part of the net earnings of
which inures to the profit of any private shareholder or
individual.
CHECK AS MANY OF THE FOLLOWING BLOCKS AS ARE APPLICABLE TO THE ENTITY SUBMITTING THIS OFFER
(4 CHECK
U.S, POSTAL SERVICE
REPRESENTATIONS AND CERTIFICATIONS
(Business Data)
TYPE OF BUSINESS
LABOR SURPLUS AREA
SMALL BUSINESS
MINORITY ENTERPRISE
(I) CHECK
PRINTED NAME AND TITLE
PAGE I OF
SOLICITATION OR ORDER
NO.
DATE OF OFFER OR ORDER
TYPE OF BUSINESS
WOMAN -OWNED BUSINESS
EDUCATIONAL OR OTHER NON - PROFIT ORGANIZATION
NONE OF THE ABOVE APPLY TO THIS ENTITY
COMPANY REPRESENTATIVE
SIGNATURE
PS Fel s" 7319 -C
Nov. 19se
US. G0VCRRatOT PRINTING OFF= 157.153
U. S. POSTAL SERVICE
REPRESENTATIONS AND CERTI F (CATIONS
PAGE
OF
NAME AND ADDRESS OF OFFEROR (No., Street, Crty, State. and ZIP Code)
USPS SOLICITATION NO.
DATE OF OFFER
1110 OFFEROR MAKES THE FOLLOWING REPRESENTATIONS AND CERTIFICATIONS AS A PART OF THE OFFER IDENTIFIED ABOVE.
(Check and /or complete all applicable boxes or blocks The term ••ffer• means bid where Use procurement is advertised, and proposal where the
procurement 1s negotiated)
I. SMALL BUSINESS CONCERN /MINORITY ENTERPRISE * *(SFF PS FnRR9 79-C. 3 HFRFiN
• is not, a small business concern and l e U is, Uls not, a minority enterprise. For t to purpose o) t its o cr y re ss
concern" is a concern, in • tes. which is independently owned and operated, is not don ' • e • of operations in which it is
submitting an offer, and is of a size consistent wit t .. ort /r h • - • • art 121, or If no standard has been e.tablished, of a
sire employing not more than 500 employees, and ' -" y enterprise • - • drich 507 or more of Mc proprietary interest therein
rs owned or controlled by n • . _ . morrly group lie , Black Americans, Spanish.speaking Amer can • . • Amer, ans. 4merican
,psdu•rr --, owncan Es - moos, and American Aleuts For further interpretation, see Postal Contracting Manual naravranh 1. I
2. TYPE OF ORGANIZATION
Re operates as an ❑ individual, ❑ partnership, ❑joint venture, ❑ corporation,❑ a nonprofit organization incorporated in the
State of
3. REGULAR DEALER/MANUFACTURER (Check only for supply contracts where the offer exceeds $10,000.)
He is a ❑regular dealer in, ❑manufacturer of, the supplies offered.
4. PARENT COMPANY AND EMPLOYER IDENTIFICATION NUMBER
(a) Is the offeror owned or controlled by a parent company as described below? ❑Yes ❑No. (For the purpose of this off, r,aprrentcomnpany
is defined as one which either owns or controls the activities and basic business policies of the offeror. To own another company means the parent
company moss: own at lean a majority (more than 50 percent) of the voting rights in that company. To control another company, such ownership
is not required, if another company is able to formu late. determine, or veto basic business policy decisions of the offeror, such o1Per company 0
considered Me parent company of the offeror. This control may he exercised through the use of dominant minority voting right:, use of proxy
voting, contractual arrangements, or otherwise.)
(b) If the answer to (a) above is "Yes," offeror shall insert in the space below the name and main office address of the parent cmrpany.
NAME OF PARENT COMPANY
MAIN OFFICE ADDRESS (No„ Street, My, State and ZIP Code)
(c) Offeror shall insert fn the applicable space below, if he has no parent company, his own Employer's Identification Number (E.I. No.)
(Federal Social Security Number used one Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941), or, if he has a parent
company, the E.I. No. of his parent company.
EMPLOYER IDENTIFICATION
NUMBER OF:
PARENT COMPANY
OFFEROR
5. BUY AMERICAN CERTIFICATE
• The offeror hereby certifies that each end product, except any end products he has listed below, is a domestic source end product (as defined
m the clause entitled "Buy American Act "); and that components of unknown origin have been considered to have been mined, produced or
manufactured outside the United Slates.
EXCLUDED END PRODUCTS - 1 COUNTRY OF ORIGIN
6. EQUAL OPPORTUNITY (Check only if offer exceeds $ 10,000 in amount.)
Ile ❑ has, ❑ has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause herein, the clause originally
contained in Section 301 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114; he ❑ has,❑ has not,
filed all required compliance reports; and representations indicating submission of required compliance reports, signed by proposed subcontractors,
will be obtained prior to subcontract awards, (The above representation need not be submitted in connection with contracts which are exempt
from the Equal Opportunity clause.)
7. EQUAL OPPORTUNITY AFFIRMATIVE ACTION PROGRAM (Check only if olf.•r exceeds $50,000 and offeror has .50 employees or
more)
The offeror represents that (1) he ❑has developed and has on file, ❑has not developed and does not have on file, at each establishment
affirmative action programs as required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or (2) he ❑has not
previously had contracts subject to the written affirmative action program requirement of the rules and regulations of the Secretary of Labor.
(The above representation need not be subsumed in coimectiori with contracts whnchare exempt from the Equal Opportunity clause).
7319-B
May 1975
GE I 0
& CONTINGENT FEE
(a) He ❑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, and (b) he ❑has, has not, paid of 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. If the offeror responds in the affirmative, he shall furnish, in duplicate, a completed Form 7319, Contractor's Statement of Contingent
or Other Fees, and any other information as may be requested by the Contracting Officer. If offeror has previously furnished a completed Form 7319
to the office issuing this solicitation, he may accompany his offer with a signed statement (a) indicating when och completed form was previously
fumished, (b) identifying by number the previous solicitation or contract, if any, in connection with which su. `01m was submitted, and (c) repre-
senting that the statement in such form is applicable to this offer. (For interpretation of the representation, inch-Juts the term "bona fide employee,"
see Postal Contracting Manual, subparagraph I. 504.3.)
9. CLEAN AIR AND WATER CERTIFICATION
(Applicable only if (1) the offer exceeds $/00,000, or (ii) the offer is for an indefinite quantity and it indicates that orders for estimated
quantities will exceed 2100,000 in any year, or (!B) a facility to be used is listed on the EPA List of Violating Facilities due to a criminal
conviction, or (iv) the contract is not otherwise exempt.)
The offeror (1) certifies that any facility to be utilized in the performance of this proposed contract ❑ is, Q is not, listed on the
Environmental Protection Agency List of Violating Facilities as of the date of this offer, and (2) agrees to notify the Contracting Officer promptly
if any communication is received from the Environmental Protection Agency prior to contract Sivaid indicating thatany such facility is under
consideration for inclusion on the List.
10. INDEPENDENT PRICE DETERMINATION
(a) By submission of this offer, each offeror certifies, and in the case of a joint offer, each party thereto certifies as to his own organization,
that in connection with this procurement:
(1) The prices of this offer have been arrived at independently, without consultation, communication, or agreement, for the purpose
of restricting competition, as to any mattercelating to such prices with any other offeror or with any competitor;
(2) Unless otherwise required by law, the prices set forth in this offer have not been knowingly disclosed by the offeror and will not
knowingly be disclosed by the offeror, prior to opening, in the case of a bid, or prior to award, in the case of a proposal, directly or Indirectly
td 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 to submit an offer
for the purpose of restricting competition.
(b) Each person signing this offer certifies that:
(1) He Is the person in the .offeroi s organization responsible Within that organization for the decision as to the prices being offered
herein and that fie has not participated, and will not participate, in any action contrary to (a) (1) through (a) (3) above; or
(2) (i) He is not the person in the offeror's organization responsible within that organization for the decision as to the pnces being
offered herein but that he has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such
persons have not participated, and will not participate, in any action contrary to (a) (1) through (`a (3) above, and as their agent does hereby
so certify; and (ri) he has not participated, and will not participate, in any action contrary to (a) (1) through (a) (3) above.
(c) This certification is not applicable to a foreign offeror submitting an offer for a contract whin requires performance or delivery outside
the United States, its possessions, and Puerto Rico.
(d) An offer will not be considered for award where (a) (1), (a) (3), or (b) above, has been deleted or modified. Where (a) (2) above, has .
been deleted or modified, the offer will not be considered for award unless the offeror furnishes with the offer a signed statement which sets
in detail the circumstances of the disclosure and the head of procuring activity determines that such disclosure was notlnade for the purpose of ,
restricting competition.
I1. CERTIFICATION OF NONSEGREGATED FACILITIES
(Applicable to (1) contracts, (2) subcontracts, and (3) agreements with applicants who are themsclvesperforming federally assisted constnictton
contracts, exceeding 210,000 which are not exempt from the provisions of the Equal Opportunity clause. An offer xail not be considered for
award where this certification is applicable and it has been deleted or modified.)
By the submission of this offer, the offeror, applicant, or subcontractor certifies that he does not maintain or provide for his employees any
segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his
control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facili-
ties at any of his establishments, and that he will not permit his employees to perform their sc Mces at any location, under his control, where
segregated facilities are maintained. The offeror, apphcant or subcontractor agrees that a breach of this certification is a violation of the Equal
Opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms
and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing facilities provided for employees which 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. He further agrees that (except
where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from
proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the••Equal
Opportunity clause; that he will retain such certifications in his files; and that he will forward the following notice to such proposed subcontractors
(except where the proposed subcontractors have submitted identical certifications for specific time periods):
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR
CERTIFICATIONS OF NONSEGREGATED FACILITIES
A Certification of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceeding S10,000 which ix not exempt
from the provisions of the Equal Opportunity clause. The certification may be submitted either for each-subcontract or for all subcontracts during
a period(i.e., quarterly, semiannually, or annually).
NOTE. -OFFERS MUST SET FORTH FULL, ACCURATE, AND COMPLETE INFORMATION A'S REQUIRED BY THIS SOLICIT ITION
(INCLUDING ATTACHMENTS). THE PENALTY FOR MAKING FALSE-STATEMENTS IN OFFERSIS PRESCRIBED IN 18 C.S.C. 1001.
QU.S.Government Printing Otllce: 1975 — 650-493/1474 Region 5-1
(r) CHECK
U.S. POSTAL SERVICE
REPRESENTATIONS AND CERTIFICATIONS
l /fusiuras Dais)
NAME ANO AODRCss OF OFFEROR (No. and Street. Apt./Suite No., City, County, State and "LIP Code)
THE U.S. POSTAL SERVICE IS COOPERATING WITH OTHER AGENCIES OF THE FEDERAL GOVERNMENT IN THE COLLECTING OF
DATA CONCERNING CONTRACT AWARDS. THE OFFEROR IS REQUESTED TO CHECK THE APPROPRIATE BLOCK(S) CONTAINED
ON THIS FORM.
NOTE: Offers MUST set forth full, accurate and complete information as required by this solicitation (including attachments). The penalty for
making false statements in offers is prescribed in 18 U.S.C. 1001.
1. SMALL BUSINESS CONCERN. A small business con-
cern for the purposes of Postal Service procurement is a
concern, including its affiliates, which is independently
owned and operated, is not dominent in the field of opera-
tions in which it is submitting an offer, and is of a size con-
sistent with the standards set forth by SBA in CFR Part
121, or if no standard has been established, then of a size
employment not more than 500 employees. (Also see PCM
Section 1, Part 7.)
2. MINORITY ENTERPRISE. A concern of which at least
51 percent is owned by one or more members of a minority
group. (For the purpose of this definition, minority group
members are Black Americans, Hispanic Americans, Native
Americans, and Asian - Pacific Americans. The term "Native
Americans" means American Indians, Eskimos, Aleuts and
native Ilawlians. "Asian -Pi eifie Americans" means U.S. citi-
zens whose origins are from Japan, China, the Philippines.
Victnam, Korea, Samoa, Guam. the U.S. Trust Territories of
the Pacific, North Marianas, Laos, Cambodia and Taiwan.)
3. WOMAN -OWNED BUSINESS. A woman busi-
ness is a business which is at least 51 percent owned, con-
trolled, ana operated by a woman or women. Controlled is
defined as exercising the power to make policy decisions.
Operated is defined as actively involved in the day -to-day
Management.
4. LABOR SURPLUS AREA. A geographical area which
at the time of award is either a section of concentrated un-
employment or underemployment, a persistent labor
TYPE OF BUSINESS
LABOR SURPLUS AREA
SMALL BUSINESS
MINORITY ENTERPRISE
DEFINITIONS
I/I CHECK
PRINTED NAME AND TITLE
PAGE I OF
SOLICITATION OR ORDER
NO.
DATE OF OFFER OR ORDER
surplus area, or a substantial labor surplus area, as defined
in this paragraph.
(a) Section of concentrated unemployment ur underem-
ployment means appropriate sections of States or labor
areas so classified by the Secretary of Labor.
(b) 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 Arca Trends in Employment and
Unemployment.
(c) 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 Substan-
lial Untemploymint) and which is listed as such by
that Department in conjunction with its publication
Area Trends in Employment and Unemployment.
5. LABOR SURPLUS AREA CONCERN. A firm which
will perform or cause to be performed a substantial pro-
portion of a contract in a labor surplus area.
6. EDUCATIONAL OR OTHER NONPROFIT ORGANI-
ZATION. Any corporation, foundation, trust, or other in-
stitution operated for scientific or educational purposes,
not organized for profit, no part of the net earnings of
which inures to the profit of any private shareholder or
individual.
CHECK AS MANY OF THE FOLLOWING BLOCKS AS ARE APPLICABLE TO THE ENTITY SUBMITTING THIS OFFER
TYPE OF BUSINESS
WOMAN -OWNED BUSINESS
EDUCATIONAL OR OTHER NON- PROFIT ORGANIZATION
NONE OF THE ABOVE APPLY TO THIS ENTITY
COMPANY REPRESENTATIVE
SIGNATURE
PS Form 7379-C
Nov. 1980
ai. GRUMMET PRINTING Of FIG 827451
UNITED STATES POSTAL SERVICE
FIELD REAL ESTATE AND BUILDINGS OFFICE
P. 0. Drawer 239
Dallas, TX 75221
0URREF: SNR2B:BWeeden DATE: April 28, 1981
SUBJECT:
TO
Round Rock, TX 78664
Lease Extension Agreement
City of Round Rock
Attention: Mr. Larry L. Tonn, Mayor
214 E. Main Street
Round Rock, TX 78664
We enclose the original and three copies of a Lease Extension
Agreement, PS Form 7415, providing for continued postal occu-
pancy at subject facility, beginning April 1, 1982, through
March 31, 1983, at an increase in rental to $18,000 per annum.
Please execute the original and two copies of the lease and
return to this office for acceptance by our Contracting Officer.
The third copy should be retained for your information.
Also enclosed are two copies of PS Form 7319 -B and C, Represen-
tations and Certifications to be completed and returned to this
office with the lease.
We appreciate your cooperation in continuing to lease this space
to the Postal Service.
Jimmy D. Sk'ayton
Realty Management and
Acquisition Analyst
Enclosures
WHEREAS, the lease between the City of Round Rock and
the United States Postal Service expires on March 31, 1982,
and
WHEREAS, the Postal Service and the City Council desire
to extend the lease beyond that date, and
WHEREAS, the Council has determined that the monthly
rental should be $1,274.85 for the period from April 1, 1981,
to March 31, 1982, and $1,500.00 per month thereafter for a
six month period, -
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ROUND ROCK, TEXAS
That the Mayor is hereby authorized to execute on behalf
of the City a lease agreement with the United States Postal
Service containing the terms and conditions of the present
lease with the monthly rental as set forth above.
ATTEST:
J
RESOLVED this
RESOLUTION NO. s-3 7/R
e0
NNE LAND, City Secretary
•
day of Apr, 1981.
11117Ry L. r 0 I, Mayor
ty of Round Rock