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HomeMy WebLinkAboutLease of trucks 1963 9yi LEASE THIS LEASE, entered into this 12th day of November 19 63 , by the UNITED STATES OF MERICA� hereinafter called the Government, represented by the officer executing this lease, and , Brazos Count Texas 9 represented by #i T� T. C. Davis, County Judge , hereinafter referred to as th e Leesee, WITNESSETH THAT WHEREAS the Government is the owner of the items listed on Appendix A annexed hereto, herein sometimes designated as the "leased property "; WHEREAS it has been determined that such items are not excess property as defined by Section 472 of Title 40, United States Code, but are not for the time being needed for full-time public use; WHEREAS in the judgment of the Secretary of the Air Force the execution of this lease will promote the national defense and will be advantageous to the Government; WHEREAS this lease is made under the authority of Section 2667 of Title 10, United States Code; and WHEREAS the Lessee desires to lease such property on a part -time basis, Now, therefore, the parties do mutually agree as follows° to The Government hereby leases and agrees to deliver to the Lessee, and the Lessee agrees to accept upon all the terms and conditions set forth herein, the items listed in Appendix A hereto, The Government disclaims all warranties express or implied as to the leased property. However, on initial delivery the Lessee shall have the right to reject any leased property which is defective. 20 The Lessee shall have use of the leased property at such times as they are not required by the Government for use by Air Force Reserve recovery groups, The Lessee shall not remove the leased property from the areas which the Contracting Officer designates, The Lessee shall make any or all of the leased property available to any authorized representative of the Government on his request or as soon as practicable thereafter, and shall accept the leased property when returned by any authorized representative of the Government. 3, The Lessee shall be solely liable for any damage to, loss °; of, or destruction of, such leased property occurring when such leased property is in its custody, or when such damage, loss, or destruction is due to any fault or negligence of the Lessee or its officers, employees, or agents, The Lessee without cost to the Government shall preserve and maintain the ie =sed property in good condition and shall make all reasonable and necessary repairs and all reasonable and necessary parts replacement including repairs and parts replacement made necessary by Air Force use of the leased property. Where the leased property requires overhaul repair or maintenance which can only be accomplished by the use of Government-owned supplies or equipment such supplies or equipment shall be furnished to the lessee with appropriate reimbursement to the Government, 4, The Government shall not be liable for damage to the property of the Lessee or the property of any other persons nor shall the Government be liable for personal injury to or the death of the Lessee's officers, employees, or agents or any other person when any claim for such liability is based upon, arises from or is incident to the possession or use of the leased property by the Lessee or any fault or negligence of the Lessee its officers, employees, or agents, the Lessee shall save the Government harmless from any such claim, 5, The Lessee shall maintain such insurance in such amounts and in such form, as the Contracting Officer may direct with respect to any risks or perils for which the Lessee is responsible hereunder, 6, The Lessee shall furnish the Government upon written request reasonably available reports and other information regarding the leased property. 7, The term of this lease shall be five years commencing on the 12th day of November 73 6 3 s unless sooner terminated in whole or in part by the Government by delxvei r�� of written notice to an authorized representative of the Lessee, The Government shall endeavor to furnish the Lessee thirty (30) days written notice of such termination but shall be under no legal responsibility to do so. The Lessee may terminate this lease in whole or in part at any time upon thirty (30) days written notice or without such notice in whole, but not in part, in the event of partial termination by the Government as provided herein. At the termination or expiration of this lease, the Lessee will return the leased property to the Goverment, 8. Title to the leased property is and shall remain in the Government and title thereto shall not be affected by incorporation into or attachment to any property not owned by the Government, The Lessee shall not sublease the leased property nor suffer anythhi .g to be done whereby the leased property or any part of it might be seized, taken in rn possession, attached, or otherwise removed from the Lessee's control, 2 9. Nondiscrimination in Emplo -nt. In connection with the performance of wor under t is contract, t e Lessee agrees as follows (a) The Lessee will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The Lessee will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the followings employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Lessee agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of this nondiscrimination clause. (b) The Lessee will, in all solicitations or advertisements for employees placed by or on behalf of the Lessee, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. (c) The Lessee will send to each labor union or representative or 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 said labor union or workers' representative of the Lessee's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Lessee will comply with all provisions of Executive Order No. 10925 of March 6, 1961, and of the rules, regulations, and relevant orders of the President's Committee on Equal Employment Opportunity created thereby. (e) The Lessee will furnish all information and reports required by Executive Order No. 10925 of March 6, 1961, and by the rules, regulations, and orders of the said Committee, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Committee for purposes of investiga- tion to ascertain compliance with such rules, regulations, and orders. (f) In the event of the Lessee's noncompliance with the nondiscrimination clauses of this lease or with any of the said rules, regulations, or orders, this lease may be cancelled in whole or in part and the Lessee may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order °; No. 10925 of March 6, 1961, and such other sanctions may be imposed and remedies invoked as provided in the said Executive Order or by 3 rule, regulation, or order of the President's Committee on Equal Employment Opportunity or as otherwise provided by law. (g) The Lessee will include the provisions of the foregoing paragraphs (a) through (f) in every subcontract or purchase order unless exempted by males, regulation or orders of the President's Committee on Equal Employment Opportunity issued pursuant to section 303 of Executive Order No. 10925 of March 6, 1961, so that such provisions will be binding upon each subcontractor or vendor. The Lessee 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. Providing, however, that in the event the Lessee becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Lessee may request the United States to enter into litigation to protect the interest of the United States. 10. Officials Not to Benefit° No member of or delegate to Congress, or resident commissioner shall be admitted to any share or part of this lease or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this lease if made with a corporation for its general benefit. 11. Gratuities° (a) The Government may by written notice to the Lessee, terminate the right of the Lessee to proceed under this lease if it is found, after notice and hearing by the Secretary or his duly authorized representative that gratuities (in the form of entertain- ment, gifts, or otherwise) were offered or given by the Lessee or any agent or representative of the Lessee, to any officer or employee of the Government with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such contract; provided, that the existence of the facts upon which the Secretary or his duly authorized representative makes such findings shall be in issue and may be reviewed in any competent court. (b) In the event this lease is terminated as provided in paragraph (a) hereof, the Government shall be entitled (i) to pursue the same remedies against the Lessee as it could pursue in the event of a breach of the contract by the Lessee, and (ii) as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages in an amount (as determined by the Secretary or his duly authorized representative) which shll not be less than three nor more than ten times the costs incurred by the Lessee in providing any `' such gratuities to any such officer or employee. 4 (c) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. 12. Work Hours Act of 1962 - Overtime Compensation. The contractor agrees to insert the following clause in all subcontracts hereunder with private persons or firms: This contract, to the extent that it is of a character specified Work Hours Act of 1962 (Public Law 87 -581, 76 Stat. 357 -360) and is not covered by the Walsh - Healey Public Contracts Act (41 U.S.C. 35 -45), is subject to the following provisions and to all other provisions and exceptions of said Work Hours Act of 1962. (a) No contractor or subcontractor contracting for any part of the contract work shall require or permit any laborer or mechanic to be employed on such work in excess of eight hours in any calendar day or in excess of forty hours in any workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times his basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is the greater number of overtime hours. (b) In the event of any violation of the provisions of paragraph (a), the contractor and any subcontractor responsible for such violation shall be liable to any affected employee for his unpaid wages. In addition, such contractor or subcontractor shall be liable to the United States 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 work in excess of eight hours or in excess of forty hours in a workweek without payment of the required overtime wages. (c) The Contracting Officer may withhold, or cause to be withheld, from moneys payable on account of work performed by the contractor or subcontractor, the full amount of wages required by this contract and such sums as may administratively be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for liquidated damages as provided in paragraph (b). 13. Convict Labor. In connection with the performance of work under this lease, the Lessee agrees not to employ any person undergoing sentence of imprisonment at hard labor. rn 14. Disputes. w (a) Except as otherwise provided in this lease, any dispute concerning a question of fact arising under this lease which is not disposed of by agreement shall be decided by the 5 Contracting Officer, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Lessee. The decision of the Contracting Officer shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Lessee mails or otherwise furnishes to the Contracting Officer a written appeal addressed to the Secretary. The decision of the Secretary or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceedings under this clause, the Lessee shall be afforded an opportunity to be heard and to offer evidence in support of his appeal. Pending final decision of a dispute hereunder, the Lessee shall proceed diligently with the performance of the contract and in accordance with the Contracting Officer's decision. (b) This "Disputes" clause does not preclude consideration of law questions in connection with decisions provided for in paragraph (a) above; provided, that nothing in this contract shall be construed as making final the decision of any administrative official, representative, or board on a question of law. 15. Definitions. As used throughout this contract, the following terms s all have the meaning set forth below (a) The term "Secretary " means the Secretary, the Under Secretary, or any Assistant Secretary of the Department, and the head or any assistant head of the Federal agency; and the term "his duly authorized representative " means any person or persons or board (other than the Contracting Officer) authorized to act for the Secretary. (b) The term "Contracting Officer" means the person executing this contract on behalf of the Government, and any other officer or civilian employee who is a properly designated Contracting Officer, and the term includes, except as otherwise provided in this contract, the authorized representative of a Contracting Officer acting within the limits of his authority. (c) Except as otherwise provided in this contract, the term "subcontracts" includes purchase orders under this contract. rn w 6 16. This lease is subject to the approval of J. L. Riley Fourth Air Force Reserve Region commander and is not binding until so approved. UNITED STAY AMERICA Br% • Count -7 Texas By E MI ER, ha j, AFTies By W. C. DAVIS Commander, 9412 Anns County Judge Date 12 November 1963 Date 12 November 1963 APPENDIX "A" 1. 1955 Chev, Truck, 'cargo, )1X2, 2 ton, 55 27, Chassis Ser. Nbr. H2555049646. 2. 1951 Ford, Truck Cargo, !iX2, ton, 51X16541, Ser. Nor. F1R1 NT23139. 3. 1942 Semitrailer, Lowbed, 12 ton, 4 wieels, 4262. Z;.. 1951 White Tractor truck, 4X2, 5 ton, 51XB674, Ser. Nor. 40)10, body model WC22PLT. NOTE: These vehicles will be used by the Brazos County Civil Defense. APPROVED: J. L. RILEY Brigadier Gen 1, USAF Commander Fourth Air Force Reserve Region Date: NOV k7 NOV 1963 W