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R-82-432 - 1/28/1982LARRY L TORN Mayor MIKE ROBINSON Mayor Pro-tern COUNCIL MEMBERS MIKE HEILIGENSTEIN GRAHAM HOWELL PETE CORREA JOE BAKER TRUDV L. LEE BOB BENNETT City Manager STEPHAN L SHEETS City Attorney RANDY E. DREWETT Municipal Judge THE CITY OF ROUND ROCK 214 E. Main St. • AC 512. 255.3612 • Round Rock, Texas 78664 MEMORANDUM DATE: February 25, 1982 TO: Finance Departme t FROM: City Secretary SUBJECT: Post Office Lease Agreement Attached is a copy of the newly executed Lease Extension Agreement between the City of Round Rock and the Postal Service. For the period covering April 1, 1982 to March 31, 1983 the Postal Service will be paying the City an annual rental fee of $18,000. The successive twelve months will be at a rental fee of $24,000. DATE: February 23, 1982 OUR REF: SNR2B:BWeeden SUBJECT: Main Post Office Round Rock, TX 78664 TO: • City of Round Rock 214 E Main Street Round Rock, TX 78664 Enclosed is your accepted copy of the lease for the subject postal facility. We appreciate your cooperation in making these quarters available for postal use. William H. Brady, Jr. Manager, Real Estate Branch Enclosure UNITED STATES POSTAL SERVICE FIELD REAL ESTATE AND BUILDINGS OFFICE P.O. Drawer 239 /Dallas, TX 75221 -0239 CERTIFIED MAIL NO. 2488719 THIS AGREEMENT is made by and between U.S. POSTAL SERVICE LEASE EXTENSION AGREEMENT City of Round Rock (Enter rmme(s) o Lessor) hereinafter called Lessor, and THE UNITED STATES POSTAL SERVICE. known as SEAL: WHEREAS, by Lease dated September 24 19 79 the Lessor has leased to the Postal Service certain premises (City) None. Main Post Office (Main post office, branch, station, etc.) Round Rock 1 nlM 2. 214 E. Main, Round Rock, TX 78664 and located at TX 78664 ;and (State and ZIP code) Georgetown Avenue (Street Address) 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 extgnsded, modified, or amended, for a term of not exceeding twelve (12) month(s) from April 1 - , 19 tiL , to March 31 1 $ 3 at an annual rental of $ 18,000.00 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 lease may, at the option of the Postal Service, be further,elct999d fo one ( 1 ) successive twelve (12 ) month term(s) at an annual rental of $ 4 UUUU lu ; all other provisions of said lease, as amended or modified, to remain the same. 4. The following paragraphs were added or deleted before execution: 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. TN WITNESS WHEREOF, the parties hereto have signed and sealed these presents this day of (.l.l?A.0 19/ .. CI 0 WITNESSE 7 (Street City, State & ZIP Code Address of Lessor) (Telephone No. of Lessor) WITNESS: ACCEPTED by the undersigned for the Postal Service this 2 24.-.0 � _ day of — ;� .R/0 STATES POSTAL SERVICE PS Form 7475 Dec. 1974 Gt"(iGiNAL' 1. 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 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. 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 famish 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 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 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 arty craft classification shall not be greater than the PS Form 7415 - A 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 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 sander 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 fax 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 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 in 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 thu.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 - Dee. 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 $1,000 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 Sled with (i) the Contracting Officer; (ii) 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. (0) 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 4 G PO -1975- 650 - 43211392 LARRY L TORN Mayor MIKE ROBINSON Mayor Pro-tern COUNCIL MEMBERS MIKE HEILIGENSTE!N GRAHAM HOWELL PETE CORREA JOE BAKER TRUDY L LEE BOB BENNETT City Manager STEPHAN L. SHEETS City Attorney RANDY E. DREWETT Municipal Judge THE CITY OF ROUND ROCK 214 E. Main St. • AC 512-255-3612 • Round Rock, Texas 78664 "GOOD LIVING WITH A PROUD HERITAGE" William H. Brady, Jr. Manager, Real Estate Branch United States Postal Service P.O. Drawer 239 Dallas, Texas 75221 -0239 February 17, 1982 Dear Mr. Brady: Enclosed please find four (4) executed copies of a lease agreement between the City of Round Rock and the Postal Service. Also enclosed is a copy of the .resolution passed by the Round Rock City Council authorizing the Mayor to enter into the lease agreement. When you have executed these documents on behalf of the Postal Service, please forward one executed copy to this office for file. Thank you. If I may be of any assistance please do not hesitate to contact me. Attachments (2) Sincerely, Joanne Land City Secretary 4-n-56 U.S. POSTAL SERVICE LEASE EXTENSION AGREEMENT THIS AGREEMENT is made by and between City of Round Rock (Enter name(s) of Lessor) hereinafter called Lessor, and THE UNITED STATES POSTAL SERVICE. WHEREAS by Lease dated September 24 19 79 the Lessor has leased to the Postal Service certain premises (mown Main Post Office and locates at (Maln 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 (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 toms and conditions of the said lease, as the same may have been extenged, modified, or appended, for a term of not exceeding twelve (12) month(s) from April 1 , 19 H Z , to March 31 , 03 , 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 teen of said lease may, at the option of the Postal Service, be f her," N one ( 1 ) successive twelve (12 ) month terms) at an annual rental of 3- ; aff other provisions of said lease, as amended or modified, to remain the same. b 4. The following paragraphs were added or deleted before execution: SEAL: None. 5. When the Postal Service to requests, Lessor shall at Lessors soh; cost and expense have this Agreement recorded in the proper recording office. 6. All other provisions of the aforementioned lease are hereby confrmed and shall remain the same. TN IN WITNESS WHEREOF, the parties hereto have signed and sealed these presents this At' � arry �t' To day of ( .ei L4 f 191 . CI 0 WITNESS A DIMAg2-2 1 2— 2. 214 E. Main, Round Rock, TX 78664 (Street. City. State & ZIP Coda Address of Lessor) Georgetown Avenue (Telephone Na of Lessor) WITNESS: ACCEPTED by the undersigned for the Postal Service this day of 19 THE UNITED STATES POSTAL SERVICE By: William R. Brady, Jr. Title: Manager. Real Estate Branch (Contracting Offteer) P5 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 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) m 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. EOUAL 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, stale that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. PS Form 7415 - A 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 roles, 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) tluough (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 1of3 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 wor:c 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 beat 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 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 detemttnadon decision, and shall report the action taken to the Secretary of Labor. If the interested parties cannot agree on the proper classification 01 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 Dec. 1974 7415 -A compensation at a ,a,,- _.,. . 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 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. (j) The Contracting Officer may withhold or muse 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 falls 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 workweel. 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 PS Farm 7415 - A Dec. 1914 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 in 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 lab arer 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). (e) 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 fur unpaid wages and liquidated damages. S. 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 safely standards, PS Form 7415 - 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, 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 $1,000 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; (ii) 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 3of3 A GPO - 1975 -650- 432/1392 WHEREAS, by lease dated September 24, 1979, the City of Round Rock leased to the U.S. Postal Service certain premises known as the Main Post Office located on Main Street, Round Rock, Texas, and WHEREAS, the U.S. Postal Service and the City Council desire to extend the said lease, and WHEREAS, the Council has determined that the monthly rental should be $1,500.00 for the period from April 1, 1982, to March 31, 1983, and that the Postal Service shall have the option to extend this lease one year from March 31, 1983, at the monthly rental of $,4,00/D , Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the Mayor is hereby authorized and directed to execute on behalf of the Council a Lease Extension Agreement with the U.S. Postal Service, containing the terms and conditions set forth above, a copy of said agreement being attached hereto and incorporated herein for all purposes. ATTEST: RESOLVED this G QTN day of JiANNE LAND, ity Secretary RESOLUTION NO. 1 13O2 R 1 11 1 1Y L. 17 ayor City of Round Rock, Texas Honorable Larry L. Tonn, Mayor City of Round Rock 214 E. Main Street Round Rock, TX 78664 Dear Mayor Tone. FIELD REAL ESTATE AND BUILDINGS OFFICE P.O. Drawer 239 Dallas, TX 75221 -0239 November 6, 1981 The Postal Service wishes to express its appreciation to you, along with Mayor Prom Mike Robinson and City Manager Bab Bennett for the time extended to Harry Pennington, General Manager of this offices, in your recent discussion of postal facility matters in your City. Contact was also made with City Councilman Graham Howell and Clint Autrey, President of the Round Rock Chamber of Commerce. To all of you we say thank you for your time and understanding. May I say at the outset that we share your concern for the urgent need of a new facility to replace the existing one. We are in full ant with you regarding the unquestionable necessity of this project As you were already apprised by Mr. Pennington, because of the Postal Ser- vice's deferral of expenditure of capital funds during Fiscal Year 1982, the construction of the new post office for Round Rock will be delayed until such time as funds are available. Be assured that this project has been given a high priority and will be resumed immediately upcai funds becoming available. You will be notified of the new construction as soon as it can be established. I am enclosing a Lease Extension Agreement, PS Form 7415, for the present postal facility, which is now awned by the City of Round Rock. P1page dis- regard the previous lease extension which was mailed to you on April 28, 1981. The enclosed lease extension has a provision for a one -year renewal. This will eliminate the necessity of another extension in the event it is required. Wh are also very much aware of the City's need for the q we presently use to acoamiodate your regxi remit for additional space. Isere again we wish to assure you that we will vacate the space as soon as a replacement facility is available. Honorable Larry L. Tonn, Mayor November 6, 1981 Page 2 Your understanding of.the situation facing the Postal Service is very much appreciated. We are also grateful for the excellent cooperation and assistance we have received from the City of Round Rodk in the Postal Service's facility piuyram. Sincerely, William H. Brady, Jr. Manager, Real Estate Branch Enclosure cc: Mr. Mike Robinson, Mayor Pro-Tem (w /o enc.) 1 +3.. City Manager (w /o enc.) Mr. Graham Howell, City Councilman (w /o enc.) Mr. Clint Autrey, President, Chamber of Cara erce (w /a enc.) �a� a ,/,e)t.rio AstaL LEASE EXTENSION AGREEMENT: Please execute the original and two copies, date, have signature witnessed, and return to this office for acceptance by our Contract- ing Officer. The third copy should be retained for your information. After acceptance by the Postal Service, a fully executed copy will be returned to you. PS FORM 7319 -B &C, REPRESENTATIONS & CERTIFICATIONS: Please complete and return two copies to this office along with the Lease Extension Agreement. AUSTIN WHITE Lin COMPA •