Court filing
Declaration of Patrick Hackley (Exhibit H) — State of Missouri v. Biden (E.D. Mo.)
Summary
Exhibit H, filed November 4, 2021 as Doc. 9-8 in State of Missouri, et al. v. Joseph R. Biden, Jr., et al., No. 4:21-cv-01300-DDN, in the U.S. District Court for the Eastern District of Missouri, is a declaration by the Director of the Division of Forests and Lands of the New Hampshire Department of Natural and Cultural Resources, submitted with the plaintiffs' Motion for Preliminary Injunction. It states that the Department received a USDA, Forest Service Notice to Lessor dated October 19, 2021 asking it to sign a lease modification adding FAR Clause 52.223-99 by November 14, 2021. The notice calls the modification mandatory before the Mount Washington antenna-space lease can be renewed. Attached are the Notice to Lessor (Exhibit A), the lease amendment implementing Executive Order 14042 (Exhibit B), and the executed lease agreement (Exhibit C).
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No. 4:21-cv-01300-DDN · Doc. 9-8 · Docket on CourtListener
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Case: 4:21-cv-01300-DDN Doc. #: 9-8 Filed: 11/04/21 Page: 1 of 42 PageID #: 266
EXHIBIT
H
Case: 4:21-cv-01300-DDN Doc. #: 9-8 Filed: 11/04/21 Page: 2 of 42 PageID #: 267
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
STATE OF MISSOURI, et al.,
Plaintiffs,
v. No. 4:21-cv-01300
JOSEPH R. BIDEN, JR., et al.,
Defendants.
DECLARATION OF PATRICK HACKLEY
1. My name is Patrick Hackley. I am the Director of the Division of Forests and
Lands of the New Hampshire Department of Natural and Cultural Resources (the
“Department”). I am also a resident of New Hampshire and over the age of majority. I have
personal knowledge of the facts in this declaration, and those facts are true and correct to the
best of my knowledge.
2. I submit this declaration in conjunction with Plaintiffs’ Motion for Preliminary
Injunction.
3. The Department recently received a Notice to Lessor from the USDA, Forest
Service dated October 19, 2021. The subject of the notice is “Lease Contract Modification –
New Clause for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors.”
Attached hereto as Exhibit A is a true and correct copy of that Notice to Lessor.
4. A lease amendment was enclosed with the Notice of Lessor. A true and correct
copy of that lease amendment is attached hereto as Exhibit B.
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5. The Notice to Lessor strongly encourages the Department to accept this lease
contract modification and states that the modification is mandatory before the USDA, Forest
Service will be able to renew the contract.
6. The Notice to Lessor also requests that the Department sign and return the lease
contract modification no later than November 14, 2021.
7. The Notice to Lessor refers to the lease agreement between the Department and
the USDA, Forest Service for communications equipment and antenna space in designated
areas at Mount Washington in Mount Washington State Park for a five (5) year period from
October 1, 2017 through September 30, 2022. Attached thereto as Exhibit C is a true and
correct copy of the fully executed lease agreement.
8. Payment on the agreement is monthly pursuant to a State issued invoice. See
Exhibit C, Pg. 3 of 12.
I declare under penalty of perjury that the foregoing is true and correct to the best of
my knowledge.
Executed on this the 4th day of November, 2021.
/s/ Patrick Hackley
Patrick Hackley
Director of the Division of Forests and Lands
of the New Hampshire Department of Natural
and Cultural Resources
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EXHIBIT
A
Logo Case: 4:21-cv-01300-DDN Doc.
Department #: 9-8 Information
Organization Filed: 11/04/21 Page: 5 of 42 PageID
Organization #: Information
Address 270
Forest Service Washington Office 1400 Independence Avenue, SW
Washington, D.C. 20250
10/19/2021
Subject: Lease Contract Modification - New Clause for Ensuring Adequate COVID-19 Safety
Protocols for Federal Contractors
NOTICE TO LESSOR,
The USDA, Forest Service (FS) appreciates the hard work and dedication of our contractors and the
health and safety of our employees, contractors and their families is our top priority. In order to
ensure the health and safety of the Federal workforce and contractor community, the President
signed Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal
Contractors. The requirements in the Executive Order are being implemented via a FAR
deviation. The clause in the FAR deviation will be incorporated into FS contracts via a bilateral
modification.
We strongly encourage you to accept this contract modification. The modification is
mandatory before we will be able to renew, extend the period of performance of your contract,
or exercise an option.
Based on the urgency of this issue, please return the signed amendment as soon as possible, but
no later than November 14, 2021. Once it is received the Lease Contracting Specialist will sign
for the Government and return a fully executed amendment for your records.
For more information, please visit the GSA COVID website https://gsa.gov/covid19 and The
Safer Federal Workforce Task Force website https://www.saferfederalworkforce.gov/
Sincerely,
Adam Fischer
Leasing Contracting Officer
Enclosure: Lease Amendment
America’s Working Forests – Caring Every Day in Every Way Printed on Recycled Paper
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EXHIBIT
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UNITED STATES DEPARTMENT OF AGRICULTURE
FOREST SERVICE LEASE AMENDMENT No.
LEASE AMENDMENT LEASE CONTRACT No.
ADDRESS OF PREMISES
THIS AMENDMENT is made and entered into between
whose address is:
hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government:
WHEREAS the parties hereto desire to amend the above Lease to add FAR Clause 52.223-99, Ensuring Adequate COVID-19
Safety Protocols for Federal Contractors (OCT 2021) (DEVIATION).
NOW THEREFORE, these parties for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, covenant and agree that the said Lease is amended, effective __________ as follows:
52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021)
(DEVIATION)
(a) Definition. As used in this clause -
United States or its outlying areas means—
(1) The fifty States;
(2) The District of Columbia;
(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;
(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and
(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands,
Navassa Island, Palmyra Atoll, and Wake Atoll.
This Lease Amendment contains 2 pages.
All other terms and conditions of the lease shall remain in force and effect.
IN WITNESS WHEREOF, the parties subscribed their names as of the below date.
FOR THE LESSOR: FOR THE GOVERNMENT:
Signature: ______________________________ Signature: ______________________________
Name: ______________________________ Name: ______________________________
Title: ______________________________ Title: Lease Contracting Officer
Entity Name: ______________________________ Date: ______________________________
Date: ______________________________
WITNESSED FOR THE LESSOR BY:
Signature: ______________________________
Name: ______________________________
Title: ______________________________
Date: ______________________________
Lease Amendment Form 12/12
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Lease Amendment No. PAGE 2 of 2
(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated
September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).
(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as
amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal
Workforce Task Force (Task Force Guidance) at https://www.saferfederalworkforce.gov/contractors/.
(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed
the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services,
including construction, performed in whole or in part within the United States or its outlying areas.
(End of clause)
INITIALS: ___________ & ___________
LESSOR GOV’T
Lease Amendment Form 12/12
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EXHIBIT
C
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