HomeMy WebLinkAbout12040 ORD - 05/08/19740 JRR:vp:5 /7/74:lst
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE WITH
THE FEDERAL AVIATION ADMINISTRATION FOR THE USE OF 325
SQUARE FEET OF FLOOR SPACE ON THE THIRD FLOOR OF THE CON-
TROL TOWER BUILDING OF CORPUS CHRISTI INTERNATIONAL AIR-
PORT, FOR A PERIOD OF ONE YEAR BEGINNING JULY 1, 1974 AND
ENDING JUNE 309 1975 AND RENEWABLE ON A YEAR -TO -YEAR BASIS
TO JUNE 30, 1979, FOR AN ANNUAL RENT OF $1,251.25, UNDER
U. S. GOVM0MENT LEASE NUMBER DOT- FA75SW -1029, A COPY OF
WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED
EXHIBIT "A "; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
•
SECTION 1. That the City Manager be and he is hereby authorized to
enter into a lease with the Federal Aviation Administration for the use of
325 square feet of floor space on the third floor of the Control Tower Build-
ing of Corpus Christi International Airport, for a period of one year begin-
ning July 1, 1974 and ending June 30, 1975, and renewable on a year -to -year
basis to June 30, 1979, for an annual rental of $1,251.25, under U. S. Govern-
ment Lease Number DOT- FA75SW -1029, a copy of which is attached hereto and made
a part hereof, marked Exhibit "A ".
SECTION 2. The necessity to authorize the execution of the aforesaid
lease at the earliest practicable date in order to provide quarters for the
Federal Aviation Administration Airway Facilities Sector in Corpus Christi
creates a public emergency and an imperative public necessity requiring the
suspension of the Charter rule that no ordinance or resolution shall be read
at three several meetings of the City Council, and the Mayor having declared
that such emergency and necessity exist, and having requested the suspension
of the Charter rule and that this ordinance be passed finally on the date of
its introduction and take effect and be in full force and effect from and
after its passage, IT IS ACCORDINGLY SO ORDAINED, this the d ( day of May,
1974.
ATTEST:
Cit Secret
AP
DAY OF MAY, 1974
Y•�
City Attorney
MAY�`
THE CITY OF CORPUS CHRISTI, TEXAS
12040
SrANOARn FORM2
FEBRUARY INS EDm U.S. GOVERNMENT
ADMIRAL SERY1Qn LEASE FOR REAL PROPERTY
ADNINISiR0.r7nN
FPR (41 CDR) 2EWI -
DAM OF LEASE LEASE Nn.
DOT- EA75SW -1029
THIS LEASE, made and entered into this date by and between
CITY OF CORPUS CHRISTI, TEXAS
Corpus Christi International Airport
whose address is Post Office Box 1622
Corpus Christi, Texas 78403
and whose interest in the property hereinafter described is that of owner
hereinafter Call ed the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government:
WITNESSETH: The parties hereto for the cansideratim:6 hereinafter mentioned, covenant and agree as follows:
1. The Lessor hereby leases to the Government the - following desmbed premises: - - -
One room containing approximately 325 square feet of floor space
and located on the third floor of the Control Tower structure,
Corpus Christi International Airport, Corpus Christi, Nueces
County, Texas..
Quarters for Federal Aviation Administration Airway Facilities
to be medfor Sector, Corpus Christi, Texas.
2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on
.......... July 1, 1974... _ ...... _ - _ ............. .hro.Ah - --------- L, -him to terminaton
and renewal rights as may be hereinafter set forth.
3. The Goverrunent shall pay the Lessor annual rent of _ - - -
at the rate oFgJ312081 -- - -- --'lrer--quarter.year-__---
_--..---- - ................. ....... marrears.
Rent for a lesser period sbaR'be prorated Rent checks shall b'e made payable to: LESSOR
4. The Government may terminate this lease at m time b thirt 30` '
Y Y y giving at least ___..___.._�...C...1.. days' notice in wn[mg
to the Lessor and no rental shall accrue after the effective date of termination.' Said notice shall lie computed cnmmenc-
atg with the day after the dam of mailing.
-- 5�- 'Fhis�le®e.�eY�be� renewed- etKka�aptieeeF�he- 6erauxoerkrFoa .etae,.feYwuiwgiecwr. acisLea,�7Jaauag _
provided notice be give. g to the Lessor at least ....._ .........: .... days before the end of the original lease term
or any r rm; all other terms and conditions of this lease shall remain the same during any renewal term
2 -105
•
-- -'G' 4'he Lam shall- furoishYO -the frovemmem; a9 Part- bFthe renal rooside- tinq-dre following: - - - _ - .. - _ - - - - _ ..
HEAT: Adequate to maintain a temperature of 72° whenever the outside
temperature is 650F., or below, subject to any restrictions imposed by Government
authorities; including maintenance of the heating plant.
AIR CONDITIONING: Adequate in season to meet local climatic conditions,
subject to any restrictions imposed by Government authorities; including main-
tenance of the air conditioning plant.
-'- - ELECTRTCITY! -` Current : -fof - Tigudo -aii "coridi£ioning, heating, co�unic.a-
tions, and office machines. Replacement of fluorescent tubes, ballasts and
starters as required.
WATER: Potable chilled drinking water available through an electric water
fountain on the premises.
TOILET FACILITIES: Access to men's and women's lounges on the premises,
which shall be adequately supplied with toilet tissue, soap and towels and hot
and cold water, and maintained in a clean and sanitary condition.
JANITOR SERVICES: The furnishing of all labor, materials, and equipment
necessary to accomplish (a) daily sweeping and mopping of all floor space,
emptying of all ashtrays and wastebaskets and .removal of trash, weekly buffing
of floors, semi - annually washing of windows and cleaning of venetian blinds,
semi - annually cleaning of overhead lighting fixtures, strip and apply high grade
non-skid-wax at six -week intervals, clean all toilet facilities and check toilet
supplies each week.
7. The following are attached and made a part hereof:
1. The General Provisions and Instructions (Sanded Form 2•A..- .XMY.- -197.0 edition).
2. Special Lease Provisions (Articles 9 through 15)
& The following ehaogeswere made in this leave -prior to its execution : -
Article 5 on Standard Form 2 and Article 11 on Standard Form 2 -A
were deleted in their entirety.
IN WITNESS WHEREOF, the parties hereto have hereunto_ _subscribed their flames as of the date first above
written.
`CDR CITY OF CORPUS CHRISTI, TEXAS
BY_
(Sisnmwal --
IN PRESENCE OF:
UNRED STATES aF AMERICA
I
STANDARD FORM 2
FEBRUARY 1964 EDITION 'I
_Contract ing_ Of f icer ______
---- - - - ---
(ofd.[ rirrel
Lease No. DOT- FA75SW -1029
AFS Quarters
Corpus Christi, Texas
Page 3
SPECIAL LEASE PROVISIONS
9. RENEWAL:
This lease may, at the option of the Government, be renewed from year
to year at an annual rental of One Thousand Two Hundred Fifty One and
25/100 Dollars ($1,251.25) and otherwise upon the terms and conditions
herein specified. The Government's option shall be deemed exercised and
the lease renewed each year for one year unless the Government gives thirty
(30) days' written notice that it will not exercise its option, before
this lease or any renewal thereof expires; PROVIDED, that no renewal thereof
shall extend the period of occupancy of the premises beyond the 30th day
of June, 1979; AND PROVIDED FURTHER, that adequate appropriations are
available from year to year for the payment of rentals.
10. REPAINTING OF LEASED PREMISES
The Lessor shall accomplish interior repainting of the leased premises
once every five (5) years. All painting and repainting shall be done by
the Lessor using a washable paint of the Lessor's choice. Thereafter the
Lessor agrees to wash down all interior painted surfaces not less than
once a year during the Government's occupancy of the leased premises under
this lease or any renewal thereof.
11. PARKING OF MOTOR VEHICLES:
The Lessor shall provide to the Government free -of- charge adequate space
for the parking of Government -owned vehicles as close to the leased premises
as possible, for the use of the motor vehicles of the Government.
12. INTERFERENCE WITH THE GOVERNMENT'S OPERATIONS:
The Lessor agrees that in the event any of the Lessor's operations or
facilities located within the demised premises causes interference with the
Government's operations conducted on the said premises, the Lessor shall,
upon being notified by the contracting officer, make every reasonable effort
to eliminate the cause of such interference.
13. LISTING OF EMPLOYMENT OPENINGS
(This clause Is applltbls pureusot to 41 (d) Whenav&r the contractor becomes con=
CFH 60-760 U this eontrmf b tar eg.6ad or Ileatually, bound by the listing provlabus of
mare.) this clause, he shall advise the employment
(a) The Contractor agrees, Io order to pro - service oyetam In each Stab wherein he
vide The emphaets to the employment of Ins establlahmanta of the name and location
gr.11,I" disabled vebmrla and veterans of of each sorb establishment In the Stab. Aa
the Vietnam ens, that all eultabb employ- balit Y the contractor Is contractually bound
.tent opeainge of U's Contractor which eclat to thus provisions and low so ndvlsed the
at the time of the execution of this Contract Slate amployasnt spline. there to no need
and se tho which occur durlug the perform• In advise the State system M subsequent
notes of this enatract. Inoluding those nut runtraets, The eontree6or may advise the
Sel.orated by this contrast and including State aysla n when It Is na longer bound by
those meti rring at an establishment other this eantract elames.
than the one wherein the contreot s mein le) This clause does not apply to the list -
perforned but excluding those of Independ- Iry pf employment openings whloh Ore@
easy operated corporate atiulates, shall and at* tiled outside of the LW States, the
offered o for listing at as appropebb 1 tluthat of Columbia, the Commas t*alth
wherein the tata employment salvia o of Puerto $tip, Glum and the- Virgin
opening occur mad to provid I.IW*.
such reports to euab local a ®b regardln (f) 72,14 clause don not apply to open.
employment openings and him as may Inp which the contractor, propose to all
"quo— ProMded, Tact U this contract is from wlInln his own organization tr to su
for law titan 610,000 or It It Is with a Stab pursuant to a oaatomaty and traditional
.•r lWall government the roporb set forth in emplayae- Inrloh hiring srmbgammt. This
pamgr.phs (e) 6114 (d) are not roqulved. txrla.taa aces not apply to a parttCWaP
(b) LWIng of employment openinge with "teaing ones an employer 4ee1404 to con -
the employment service system pursuant Lid" applicants uutelde of his front organl-
In this elan" shall be made at leapt enn- anion or omployer.n'ton arraegemmt for
rnumnly with the use of any otter rerruft- III.t opening,
+neat service or effort and shall Involve the (g) As used In this album:
.axma obllitations which attach to the 111 "All wltabte em
imp exceptati a of neferrole of veterans 4and hwludes, but s not Ilealted to, opsalnp
sonretemns. This listing of employment ablch oeenr m 4ha fWlowmg Job eabgarles:
rprnlnas doors not require the hlring of any tvodUCtbn and nonproduction; plant and
).atleular lob appltcant or from nap par - eon; laborers and msetanlas; supen visM
tisanes group or Job apps fearnte. and noth- sn4 nanaupervfeary; tochnkah and emu -
hil limin le Intended to fallen the can- Inge, a0mlbuAm as,, wad ptad atonal opan-
tnnur tram an requirements n any Ingot wabb at* aompensabd on a salary
Y sets y havh of lea then 019,000 per yaw. The term
sardines, ondative waves. or rogulallon& ro- Ineludn Adl -tm6e
axrdlnJt nondiscrimination In employment. - employment, temporary
(rl Tile reports required by paragraph 10) s�aployaumt of ono» tbad g days' dtlrstba.
..f this elapse shall Include. but not Ire �e� tlmpleyment n do" a" n-
nmtted to. periadlo reports which shall he dude cipplage wh1oD the eontracimr pro.
rued at lout quarterly with the appropriate pope b Bit from within Ilia can organln.
1.,.&I nmee or. what* the contractor tree more Linn al ary al to all pursuant to a euetotn and
rhrn one rntab11111ment In a Stab, with the traditional aMpIgW.nnlee hlring arnnsa•
mu Ind nonce of the Stab employment
ergke. Such reporta &hall Indicate for It 071 "Appropriate o16ae of the Stab am.
z1ollshment (1) the number of Indivhllsls plr,yment service system" Moses the I-pi
a It. were hired during the reporting perlttd, omen of the Fbderal -State nntlonal eyetem
fill the number of those hind who were dull- of p ,bile employment Omer with a aligned
.used arternnn, and (111) the uurnbcr of renpon.elbluty far aarvlug the forts, of the
Ih,av hired who were nondleabled veterans, enmblw.mant wham the amployment open.
of the Vietnam era. The clontraetor xhall sub- nil s to be ailed. Including the Dmdriet of
n.11 a report with In 30 days after the and Cadnmbin, the Commooweslth of Puerto
+d "Ch reporting period wheren any per- IUrn• (tam. and the Virgin Intends.
farmers le made under this contract. The (3) "Olwilluga which the contractor pm-
reetractor shall maintain eoplee of the re- woven ter fill from wltlun his own orgadda-
paru rubmltted until the expiration of 1 Iron° nranty atnployWInL opening. fm which
sew after final payment tinder the contrast, na Mapldemo lon will L•e given to penone
dmlog which time they shall be male Bveu- aulplae the contractor's own orgmda*Ut n
due, upon request, tar emminatlnn by an9 ttu.•IUAIag any atlal&tBe, mnbeldlorI -; and
authorised t*p"Wntatfves of the oontrart- Imrrul crap &non), and moludrs any open -i
Ing o®cer or of the Secretary of Lobo'. meta wlu.•lu the contractor prupoaoe to got
frml rrytulttrly established 'recoil•' or "te-
Lease No. DOT- FA75SW -1029
AFS Quarters, Corpus Christi, Texat�
Page 4
14. EXAMINATION OF RECOW
(a) Tax abuse to applicable If the amt
ad thin Ban trmat eaceed s 02AM am tree
tend Into by means of negotlattas, Inelwl
smolt bueme. eestrlcte4 msver „..SOS bit
sot applicable If this contract woe mull
Into by meals of format advertising.
(b) The Contractor sgtaea that tits Co
troller Oenaral of the Cnite4 States or
of his duly outbarlmed representatives bi
Vets the erplrstion, of 0 year after I
payment under thin p¢ntrect ar mash Is
alma specked In either Appendix ➢a of
Armed 15$mW a PMmrnmmat .°effula hn
the VToderet traoelrammii ItaffYlstJana 1
I -20, co approprlato, have access to and
right to esamlm any directly pavtlmmt to
documents. Paver, end roeords of am t
tractor involving r nombac ms mimed be
OontTmL
14) "Olunhtge which the contractor pro -
pMtea • • to fill pursuant to a cuptrmav
and traditional empnyer -unlon hiring ar-
rorgenrnt” meals employment appnnp file
Which etc consideration will be given to per -
1014 untatds of a special hiring orrango-
Imetnt, including opeolags which the controc-
!lOr proposes to nil from union halm, which
in pact at the eustomary and traditional
hlring rolatlonsidis which exists between
the eonlraetor sad representatives of Ilia
employees.
161 "Dls&bled voter—" mean& a person
entitled to disability compensation under
laws altolnlstered by the Veterans Adrbins-
fratmn for a disability rated at 30 pucentum
m more, or a person whom discharge or re.
team frvaa active duty was tai a disability
Incurred OF blight led In line of duty.
fit) "Veteran Of the Vietnam em" meam a
pehsoh (A) who (1) served an active duty
wish the Aroma Parm for a period of more
than 180 437% any verb of which occurred
Biter August G. 1004. and tams discharged or
releasmd therefrom with other than a dla-
honorohie discharge, or (U) was dlsolrbeged
Or released from "Use duty for .oevtve -con.
heated disability If any part or such duty
win performed after August 6. 1961. and (13)
who was so discharged or t*sased within
The 48 mObtha preceding his applIc"ton for
employssat covered by this clause.
Its) If may disabled veteran or veteran of
the vietnam am believes that as contractor
(ter any tint -tier eubeontraetor) has failed
or twfuea to comply With the provisions of
this contraat album elating to giving spe.
ail ablphs is In employment to veterbtte,
each veteran tap ills A complaint with the
veterans' employment rep!®mntaUre at a
local Seat employmeet Orioles Cute who
IBM attempt b Iltformaliy resolve the Cont.
pblbt and than fetal tbe complaint with a
revert on the mtbmvt to resolve the tatter
to the State am= of the Vetarms. ampfoy.
meat Servlm of &he Dsputu mt of Labor.
Such complaml shall then be promptly re-
ferred through the Regional manpower Ad-
tvtmutrator to the Sam " of Labor who
abaU InvoUgmtw such complaint and aball
tats such aoUan thereon as the facts and
cltatmuhnem warrant eenabbnt with the
Iorms of this entities and the taws and reg-
ulsUons opplloabb thereto.
(1) The aontraotW Ogren to plus this
album (oMudmg this paragraph (1)) In any
mbaenteeat 4UMUy under this eontreet.
1) The eminsotor yuetha fight" to In.
Is in an if" wheontrmota hmwon8v is
rstao to the offm I "ffie Mb"BaM,
uses" Most Me.0ansptrcm" erns" of
oxelabe
M1000 tin
Lease No. DOT- FA75SW -1029
AFS Quarters
Corpus Christi, Texas
Page 5
15. RESTORATION:
The Government shall have the right during the existence of this lease
to make alterations, attach fixtures, and erect additions, structures, or
signs in or upon the premises hereby leased, which fixtures, additions, or
structures shall be and remain the property of the Government and may be
removed by the Government prior to the expiration or termination of this
lease. The Lessor may, upon not less than 20 days' written notice to the
Government, before termination of the lease, require restoration of the
leased premises. In this event, prior to the expiration or termination of
this lease, or prior to relinquishment of possession, whichever first occurs,
the Government shall, at its sole election, either,
(1) restore the premises to the same condition as that existing at the
time of entering upon the same under this lease, reasonable and ordinary
wear and tear and damage by the elements or by circumstances over which the
Government has no control excepted, or
(2) pay to the Lessor a sum of money representing either the diminution
in the fair market value of the property due to the failure to restore, or
the actual cost of restoration, whichever is the lesser amount.
*GENERAL PROVISIONS, CERTIFICATION AND INSTRUCTIONS •
DOT- FA75SW -1029
U.S. Government Lease for Real Property AFS quarters
Corpus Christi, Texas
GENERAL PROVISIONS
1. SUBLETTING THE PREMISES.
The Government may sublet any part of the premises but
shall not be relieved from any obligations under this lease
by reason of any such subletting.
2. MAINTENANCE OF PREMISES.
The Lessor shall maintain the demised premises, including
the building and any and all equipment, fixtures, and ap-
purtenances, furnished by the Lessor under this lease in
good repair and tenantable condition, except in case of
damage arising from the act or the negligence of the Gov-
ernment's agents or employees. For the purpose of so main-
taining said premises and propertk, the Lessor may at
reasonable times, and with the approval of the authorized
Government representative in charge, enter and inspect the
same and make any necessary repairs thereto.
3. DAMAGE BY FIRE OR OTHER CASUALTY.
If the said premises be destroyed by fire or other casualty
this lease shall immediately terminate. In case of partial
destruction or damage, so as to render the premises unten-
antable, as determined by the Government, the Government
may te--Ininate the lease by giving written notice to the
Lessor within fifteen (15) days thereafter; if so terminated
no rent shall accrue to the Lessor after such partial de-
struction or damage; and if not so terminated the rent shall
be reduced proportionately by supplemental agreement hereto
effective from the date of such partial destruction or damage.
4. ALTERATIONS.
The Government shall have the right during the existence
of this lease to make alterations, attach fixtures and erect
additions, structures or signs in or upon the premises hereby
]eased, which fixtures additions or structures so placed in,
upon or attached to Is said premises shall be and remain
the property of the Government and may be removed or
otherwise disposed of by the Government.
5. CONDITION REPORT.
A joint physical survey and inspection report of the de-
mised premises shall be made as of the effective date of this
lease, reflecting the then present condition, and will be signed
on behalf of the parties hereto.
6. COVENANT AGAINST CONTINGENT FEES.
The Lessor warrants that no person or selling agency has
been employed or retained to solicit or secure this lease upon
an agreement or understanding for a commission, percent.
sga, brokerage, or contingent fee, excepting bona fide em-
ployees or bona fide established commercial or selling agencies
maintained by the Lessor for the purpose of securing busi-
ness. For breach or violation of this warranty the Govern-
ment shall have the right to annul this lease without liability
or in its discretion to deduct from the rental price or con-
sideration, or otherwise recover, the full amount of such
commission, percentage, brokerage, or contingent fee. (IA-
caused real estate agents or brokers having listings on prop-
arty for rent, in accordance with general business practice,
and who have not obtained such licenses for the sole purpose
of effecting this lease; may be considered as bona fide em-
ployees or agencies within the exception contained in this
clause.)
7. OFFIGW.S NOT TO BENEFIT.
No Member of or Delegate to Congress, or Resident Com-
missioner shall be admitted to any share or part of this lease
contract, or to any benefit that may arise therefrom; but
this provision shall not be construed to extend to this lease
contract if made with a corporation for its general benefit.
B. AsSmNmENT of CLAims.
Pursuant to the provisions of the Assignment of Claims
Act of 1940, as amended (31 U.S.C. 203, 41 U.S.C. 15), if
this lease provides for payments aggregating $1,000 or
more, claims for monies due or to become due the Lessor
from the Government under this contract may be assigned
to a bank, trust company tt'' or other financing institution,
including any Federal lenaing agency, and may thereafter
be further assigned or reassigned to any such institution. Any
Such assignment or reassignment shall cover all amounts pay-
able ender this contract and not already paid, and shall not
be made to more than one pasty, except that any such assign-
ment or reassignment may be made to one party es agent
or trustee for two or more parties participating in each S-
nancing. Notwithstanding any provisions of this contract,
payments to an assignee of any monies due or to become
due under this contract shall not, to the extent provided in
said Act, as amended,.be subject to reduction or setoff.
9. EQUAL O"ouTUNrry CLAUSE.
( The following clause 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 Contractor
agrees as follows:
(a) The Contractor will not discriminate against any em-
ployee or applicant for employment because of race, color,
religion, sex, or national origin. The Contractor 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; recruitment
or recruitment advertising; layoff' or termination; rates of
Eay or other forms of compensation; and selection for train-
ng, including apprenticeship. The Contractor 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 Equal Opportunity
clause.
(b) The Contractor will, in all solicitations or advertise-
ments for employees placed by or on behalf of the Contractor,
state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, or
national origin.
(c) The Contractor will send to each labor union or repre.
sentative of workers with which he has a collective bargain-
ing 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 Contractor's
commitments under this Equal Opportunity clause, and shall
poet copies of the notice in conspicuous places available to
employees and applicants for employment.
(d) The Contractor will comply with all provisions of Ex-
ecutive Order No. 11246 of September 24, 1965, and of the
rules, regulations, and relevant orders of the Secretary of
Labor.
(e) The Contractor will furnish all information and re-
ports 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
Standard Form 2 -A
Oeeeiel Serdem AdmlaWmtWo FPR (41 CM 1- 16.601
may 1970 Edith.
2-262
.#d the Secretary of Labor for purposes of investiga-
ertain compliance with such rules, regulations, and
orders.
(f) In the event of the Contractor'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 Contractor may be declared ineligible for further
Government contracts in accordance with procedures author-
ized in Executive Order No. 11246 of September 24, 1965,
and such other sanctions may be imposed and remedies in-
voked as provided in Executive Order No. 11246 of Septem-
ber 24, 1965, or by rule, regulation, or order of the Secretary
of Labor, or as otherwise provided by law. -
grapThe Contractor will include the provisions of para-
hs (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 Execu-
tive Order No. 11246 of September 24, 1965, so that such pro-
visions will be binding upon each subcontractor or vendor.
The Contractor will take such action with respect to any sub-
contract 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 Contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of
each direction by the contracting agency, the Contractor may
request the United States to enter into such litigation to
protect the interests of the United States.
10. FAcn rm NoNorsmbliNATrox.
(a) As used in this section, 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 be-
cause 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.
Nothing herein shall require the furnishing to the general
public of the use of any facility customarily furnished by the
Lessor solely to tenants, their employees, customers, patients,
clients, guests and invitees.
(c) It is agreed that the Lessor's noncompliance with the
provisions of this section shall constitute a material breach
of this lease. In the event of such noncompliance, the Gov-
ernment 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 Government
in - acquiring substitute space, including but not limited to
the cost of moving to such space. Substitate space shall he
obtained in as close proximity to the Lessor's building as is
feasible and moving costs will be limited to the actual ex-
penses thereof as incurred.
(d) It is further agreed that from and after the date
hereof the Lessor will, at such time as any agreement is to
be entered into or a concession is to be permitted to operate,
include or require the inclusion of the foregoing provisions
of this section in every such agreement or concession pur-
suant to which any person other than the Lessor operates or
has the right to operate pay facility. Nothing herein con-
tained, however, shall be deemed to require the Lessor to
include or require the inclusion of the foregoing provisions of
1. CERTIETCATION OF NONSEGREGATED FACILITIES.
this section in any existing agreement or con ce go nt�
ment or one in which the contracting p a y er an
Lessor has the unilateral'right to renew or extend the agree-
ment or arrangement, until the expiration of the existing
agreement or arrangement and the unilateral right to renew
or extend. The Lessor also agrees that it will take any and
all lawful actions as expeditiously as possible, with respect to
any such agreement as the contracting agency may direct as
a means of enforcing the intent of this section, including, but
not limited to, termination of the agreement or concession and
institution of court action.
(NOTE. —This provision is applicable if this lease ego-
tinted without advertising.)
(a) The Lessor agrees that the Comptroller neral of the
United States or any of his duly authoriz representatives
shall, until the expiration of 3 yea ter final payment
under this lease, have ace to an a right to examine any
directly pertinent books, doe papers, and records of
the Lessor involving transa ons related to this lease.
(b) The Lessor f agrees to include in all his subcon-
tracts hereunder a sion to the effect that the subcontrac-
tor agrees that Camptroller General of the United States
or his rep rives shall, until the expiration of 8 years
after fin payment under this lease with the Government,
have ess to and the right to examine any directly pertinent
h s_ decamants. naners. and records of such subcontractor
12. APPLICABLE CODES AND ORDINANCES
The Lessor, as part of the rental consideration, agrees to
comply with all cedes and ordinances applicable to the own-
ership and operation of the building in which the leased space
is situated and, at his own expense, to obtain all necessary
permits and related items.
13. INSPECriON.
At all times after receipt of Bids, prior to or after accept-
ance of any Bid or during any construction, remodeling or
renovation work, the premises and the building or any parts
thereof, upon seasonable and proper notice, shall be accessi-
ble for inspection by the Contracting Officer, or by architects,
engineers, or other technicians representing him, to deter-
mine whether the essential requirements of the solicitation or
the lease requirements are met.
14. ECANowy ACT LIMITATION.
If the rental specified in this lease exceeds $2,000 per
annum, the limitation of Section 322 of the Economy. Act of
1932, as amended (40 U.S.C. 278a), shall apply.
15. FAmumg IN PERFORMANCE.
In the event of failure by the Lessor to provide an service,
utility, maintenance or repairs required under this lease, the
Government shall have the right to secure said services,
utilities, maintenance or repairs and to deduct the cost
thereof from rental payments.
16. LESSOR'S SUCCESSORS.
The terms and provisions of this lease and the conditions
herein shall bind the Lessor, and the Lessor's heirs, executors,
administrators, successors, and assigns.
CERTIFICATION
(Applicable to (1) contracts, (2) subcontracts, and (3)
agreements with applicants who are themselves performing
federally assisted construction contracts, exceeding $10,000
which are not exempt from the provisions of the Equal
Opportunity clause.)
By the submission of this bid, the bidder, offeror, applicant,
or subcontractor certifies that he does not maintain or pro-
vide 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 fur-
i 7s. diM y Eitm
the a will not maintain or provide for his employees
prior to the award of subcontracts exceeding $10,000 which
•
any gated facilities at any of his establishments, and
are not exempt from the provisions of the Equal Opportunity
that he will not permit his employees to perform their services
at any location, under his control, where segregated facilities
clause • that he will retain such certifications in his files;
and that he will forward the following notice to such pro-
are maintained. The bidder, offeror, appplicant, or subcon-
tractor agrees that a breach of this certllication is a violation
posed subcontractors (except where the proposed subcon-
tractors have submitted identical certifications for specific
of the Equal Opportunity clause in this contract. As used in
time periods) :
this certification, the term "segregated facilities" means any
waiting rooms, work areas, rest reDms and wash rooms, res-
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOE
taurants and other eating areas, time clocks, locker rooms and
CERTIFICATIONS OF NONSEGREGATED FACT MES
other storage or dressing areas, parking lots, drinking foun-
tains, recreation or entertainment areas, transportation, and
ti e gated Facilities be sub-
housing
housing facilities provided for employees which are segre-
gated by explicit directive or are in fact segregated on the
witted prior the award a exceeding 0
P
which is not exempt from the provisions of the Equal Oppor-
tunity clause. The certification may be submitted either for
basis of race, color, religion, or national origin, because
of habit, local custom, or otherwise. He further agrees that
each subcontract or for all subcontracts dulling a period (i.e.,
(except where he has obtained identical certifications from
proposed subcontractors for specific time periods) he will ob-
quarterly, semiannually, or annually).
NOTE: The penalty for making false statements in offers
tain Identical certifications from proposed subcontractors
is prescribed in 18 U.S.C. 1001.
NOTE.— The pomdtyforw king false statements inoferais prescribed in18U .S.C.1001.
INSTRUCTIONS
1. Whenever the lease is executed by an attorney, agent,
or trustee on behalf of the Lessor, two authenticated copies
of his power of attorney, or other evidence to act on behalf
of the Lessor, shall accompany the lease.
2. When the Lessor is a partnership, the names of the
partners composing the firm shall be stated in the body of the
lease. The lease shall he signed with the partnership mama,
followed by the name of the partner signing the same.
8. Where the Lessor is a corporation, the lease shall be
signed with the corporate name, followed by the signature
and title of the officer or other person signing the lease on
its behalf, duly attested, and, if requested by the Government
evidence of this authority so to act shall be furnished.
4. When deletions or other alterations are made specific
notation thereof shall he entered under clause 8 of the lease
before signing.
5. If the property leased is located in a State requiring
the recording of leases, the Lessor shall comply with all each
statutory requirements at Lessor's expense.
usraumwaEVrrawrwa oFFIQ �Ia70-- o- 3so -a6I 831 n smndesd Form 2-A
mq 1970 Edition
Lease No, DOT- FA75SW -1029
AFS Quarters
Corpus Christi, Texas
CORPORATE CERTIFICATE
I, , certify that I am the
of the City of Corpus Christi, Texas, named in the
foregoing agreement; that
who signed said agreement on behalf of the City of Corpus Christi, Texas,
was then of the said City of Corpus Christi, Texas, that
said agreement was duly signed for and in behalf of said City of Corpus
Christi, Texas, by authority of its governing body and is within the scope
of its powers.
Dated this day of , 1974.
Signed:
•
•
Corpus Christi, Texas
day of 19
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing
ordinance, a public emergency and imperative necessity exist for the suspen-
sion of the Charter rule or requirement that no ordinance or resolution shall
be passed finally on the date it is introduced, and that such ordinance or
resolution shall be read at three meetings of the City Council; I, therefore,
request that you suspend said Charter rule or requirement and pass this ordi-
nance finally on the date it is introduced, or at the present meeting of the
City Council.
Respectfully,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch - - -e��
Thomas V. Gonzales
Ricardo Gonzalez
i
Gabe Lozano, Sr.
J. Howard Stark
The above ordinance was passed by the following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas. V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howrrd Stark