HomeMy WebLinkAbout12963 ORD - 12/31/1975• JRH:hb:12 /30/75:1st
AN ORDINANCE
AUTHORIZING -THE CITY MANAGER TO EXECUTE A CAN-
CELLATION AGREEMENT WITH THE UNITED STATES OF
AMERICA, CANCELLING CONTRACT NO. FA2 -1871, A
COPY OF WHICH CANCELLATION AGREEMENT IS ATTACHED
HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A ";
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
FOR THE SUPPLY OF ELECTRIC ENERGY TO THE FEDERAL
AVIATION ADMINISTRATION FOR OPERATION OF EQUIPMENT
AT THE INTERNATIONAL AIRPORT, ALL AS MORE FULLY
SET FORTH IN THE CONTRACT, A COPY OF WHICH IS
ATTACHED HERETO, MARKED EXHIBIT "B", AND MADE A PART
HEREOF; AND DECLARING AN EMERGENCY. .
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
•
SECTION 1. That the City Manager be and he is hereby authorized
to execute a Cancellation Agreement with the United States of America,
cancelling Contract No. FA2 -1871, a copy of which Cancellation Agreement is
attached hereto and made a part hereof, marked Exhibit "A ".
SECTION 2. That the City Manager be and he is hereby authorized
to execute a contract for the supply of electric energy to the Federal
Aviation Administration for operation of equipment at the International
Airport, all as more fully set forth in the contract, a copy of which is
attached hereto, marked Exhibit "A ", and made a part hereof.
SECTION 3. The necessity to execute the aforesaid agreement
and contract for the purposes outlined creates a public emergency and an
imperative public necessity requiring the suspension of the Charter rule
that no ordinance or resolution sball be passed finally on the date of its
introduction but that such ordinance or resolution shall be read at three
several meetings of the City Council, and the Mayor, having declared such
emergency and necessity to exist, having requested the suspension of the
Charter rule and that this ordinance take effect and be in full force and
+effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED this the
$$day of C.I�% -MD:v9 Aei ) 19..
ATTEST:
tzar
�f Secretary MA
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
�;0DAY OF
$ ,Am.
City Attorney
12963
•
.. 0
FEDERAL AVIATION AGENCY
CANCELLATION AGREEMENT
Site No.
Airway
It is hereby agreed that the - contract- - - -- -- - - — - --- ---------- -- -- --- --- - - -- -- dated
--------------------
a- erea�9 -------
September_26� 1960 - FA2 -1871
bearing contract symbol No. _-------- -- ------------ - -_-------
entered into between -- -the_ City of Corpus Christi
and the United States of America for: furnishing 2400 volt, 3 phase Delta service to the
ATCT, ILS No, l located at the Corpus Christi International Airport, Corpus Christi,
Texas,
shall terminate, effective as of
--------------------
CITY OF CORPUS CHRISTI
ATTEST:
BY:
R. Marv11'q To send
City Secretary
TITLE: ✓ - - - - -- Gi --- - �anage--- ----------------- -------- - - - - --
APPROVED:
DAY OF
UNIM SfATFS OF AMERICA,
City Attorney
���
By ! -------------- --- - -- ---
-
BEVERLY YES
Contracting Officer, ASW -56C.1
Fb - FAA -164 0-0 `a
�/ N
STANDARD FORM 26, XLY 1966
OF
GENERAL 5ERVI. V ADAUNISYTIATION
-REG.
AWARD/CONTRACT
1
FED. PROC. (41CNI 1- 16.101
2
1• CONTRACT (P_. lout. ldam.) NO.
2. EFFECTIVE DATE
3. REgUISIION /PURCHASE REWEST /PROIECr NO.
4. CFRTIHED POR NATIONAL DEFENSE UNDER BDIA
DOT- FA769W -1085
9/1/75
RATINGAND /OR DMS RED. I.
3. ISSUED BY CODE
6. ADMINISTOM BY CODE
7• DELIVERY
Department of Transportation
(I/ ar6,rThanblocs')
❑ F03 DEN S n-
Federal Aviation Administration
P. 0. Box 1689
OTHER
El )(Sea
Fort Worth, Texas 76101
B. CONTRACTOR CODE FACILITY CODE
9. DISCOUNT FOR PROMPT PAYMENT
NAME AND ADDRESS
'
City of Corpus Christi
(S•an. Corpus Christi International Airport
a.d ZIP -4) P. 0. Box 1622
Corpus Christi, Texas 78401
fD. suBMIT INVoIC S (4 coq.s aal,,, atbfWk.
I
,p=;d) TO ADDRESS SHOWN IN BL000-
—I
original only
11. SHIP TO /MARK FOR CODE
12. PAYMENT WILL BE MADE BY CODE
ATCT, ILS No. 1, Middle Marker,
Federal Aviation Administration
MALSR No. 2, GADO and TRACON
P. 0. Box 1689
Corpus Christi, Texas
Fort Worth, Texas 76101
Attn: ASW -24
10 us.C. 2304 10H )
13. THIS PROCURP.MeNT WAS E] ADVERIis ®. 11 NEGOTIATED. PURSUANT TOi
® 41 Us.c 232 (c)10
14. ACCOUNTING AND APPROPRIATION DATA
6010 - 08210 - 211 -2370
1!.
16.
17.
IB.
19. .
20.
ITEM NO.
SUPPLIES /SERVIM
gUANTITY
UNIT
UNIT PRUF
AMOUNT
Furnish
2400 volt, 45 KVA, 3 phase, Delta electric service
to be
me
eyed by the
City of
Corps
Christi for the Federal Aviation Administratio
, ATCT, D,S
N
. 1, Middle
Marker,
MALSE
No. 2, GADO and TRACON, and any future facilities
on the same
service, Corpus
Christi
Texas.
RATE
Flat rate of 2.751, per kilowatt hour.
"General
Provisions - Utility Service Contracts," F
DOT-P-8
s attached
hereto
and
made
a part hereof.
All bills
for service shall be paid without penalty oi
interest
and
the Goverruent
shall
bee
titled to any discounts customarily applicable tc
payment
f b
lls by all rustomers
of tlie
Contractor.
Cout
d on Page 2
21. TOTAL AMOUNT OF CONTRACT $
CONTRACTING OFFICER WILL COMPLETE BLOCK 22 OR 26 AS APPLICABLE
'p'�
22. 10 CONTRACTOR'S NEGQTIATED AGREEME (Coalractar i, ngaind fo rise
26. AWARD (Coado[ros if oof ngairtd to dg. Ibu dommHat J Your oflm
TNT,
rb)t d.-,.I and Ior- g- & pm omp mg oBi %) Connorfor agree,
on Solldt fl- Nombm I d dl g the
to f-i.h and dell,- all Dam, or Fort- .11 the ,mote, ,e1 forth or olh-i.
addid.r. or d.Mm. made by y- ,rNcb addition or change, aro ,d Furth to full
Idenflfied above vnd ou vn, -H-Nen ,heeh for the eon,Warotbn Pond harsh.
above, I, hereby viceeped m to the Ihm, Ihhd cub,,, vrd an ony cordleurgw sh e
The dghh aid o1,0gation, of the M Neu to Ihl, canhad A,11 be ,ubjee fo vnd gov-
Thl, —d emaunanale, the conhad which conl,h of the foll-iot; dot„merd„ (a)
mned by the to 1-1rq de—,m (a) 1hi, evmd /coNracl, (b) the ,oikilotbn, if mg•,
the Go emmenl't wlkllufion and Tour aRm, and (b) 1N, ward /dadn0. No
and (cl ,uch Prwi,iom, repe,enbNom, cerHihallon,, and ,peeiflcallon, o, ore
Furth— mNroduol document I, neee"my.
akvchad m Incorparvted by refamxe heroin. (Alracbmrna art !ilfed berrin.J
23. NAME OF CONTRACTOR -
27. UNITED STATES AMERICA
BY t
BY 25 �✓
ISio— of Parton omhodmd m ,IBn)
15 of Conhadum Dither)
24 /NAME AND TITLE OF SIGNER (Type or print)
SIGNED
28. NAME OF CINTRACIING OFFICER (T)p, or print)
DATE SIGNED
121-IIAIE
121,
BEVERLY MAYES
Contracting officer, ASW -56C.1
r
8/28/75
26-103 - uu aarmeeen ntmlN onira, 1r4, m- oar -osn
V
•
•
STANDARD FORM 36, JULY 1966
W. No. OP Doc MR40 COW.D
PAGE OF
GENERAL SERVICES ADMINISTRATION
CONTINUATION SHEET
FED. PROC. REG. (41 CFR) 1- 16.701
DOT- FA76SW -1085
2 2
NAME OF OFFEROR OR CONTRACTOR
City of Corpus Christi
ITEM NO.
SUPPUEWERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
This contract
shall remain in force until further notice
subject
to
a termination
privilege
in its entirety or for renegotiation purposes
by either
party
upon thirty
(30) days
notice in writing, and with the understanding
that the
co
tract does tot
obligate
or purport to obligate Governmental expendituie
of fund.3
n
t yet appro
riated.
The Contractor
shall give Federal Aviation Administration,
Chief,
Airway
Facili
ies
Sector,
Corpus Christi, Texas, Telephone No. 512-884-3(22,
96 ho
rs
advance notice
of
any planned
outages.
�f
w+
DOT P-8
JUNE 2, 1972
DEPARTMM OF TRANSPORTATION
GENERAL PROVISIONS -- UTILITY SERVICE CONTRACTS
Clause Clause Title
1. DEFINITIONS
2. EXAMINATION OF RECORDS BY COMPTROLLER GENERAL
3. EQUAL OPPORTUNITY
4. CERTIFICATION OF NONSEGREGATED FACILITIES
S. OFFICIALS NOT TO BENEFIT
G. COVENANT AGAINST CONTINGENT FEES ,
7. CONVICT LABOR
8. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT-- OVERTIME COMPENSATION
9. DISPUTES
10. GRATUITIES
11. CERTIFICATE OF INDEPENDENT PRICE DETERMINATION
12. CONFLICTS
13. PARTIES OF INTEREST
14. LISTING OF EMPLOYMENT OPENINGS
15. UTILIZATION OF MINORITY BUSINESS ENTERPRISES
FORM DOT F 4220.18 (6 -2 -72) -1-
1. DEFINITIONS
A. used throughout this contract, the following
terms shall have the meanings net forth below,
(a) The term -head of the agency or •Secretary
as used herein me ms the Secretary, the Under
Secretary, my Assistant Secretary, or my other
hand or assistant head of the executive or military
department cr other Federal agency, and the term
'hie duly authorized representative* means my person
aL peneOne or board (other than the Contracting
Officer) authorized to act for the head of the
agency cr the Secretary.
(b) The term •Contracting Officer' means the
person executing this contract on behalf of the
Government, end any other officer or civilian
employee who is a properly designated Centracting
officers and the term includes, except an othervise
provided in this contract, the authorized repre-
sentative of a Contracting Officer acting within
the limits of his,authority.
(c) Except as othezwise provided in this
contract, the term -subcontracts- includes pur-
.Mae orders under this contract.
2. EXAMINATION OF RECORDS BY COPUFTIMLLER GENERAL
(a) This clause is applicable if the amount
Of this contract exceeds $2,500 and was entered
into by means of negotiation, including small
business restricted advertising, but is not
applicable if this —treat was entered into by
memo of formal advertising.
(b) The Contractor agrees that the Comptroller
General of the United States or my of his duly
authorized representatives shall, until the
espiration of 3 years after final payment under
this contract or such lesser time specified in
either Appendix R of the Armed Services Procure- -
ment Regulations or the Federal Procurement Regule-
tione part 1 -20, m appropriate, have eccees to and
the right to examine my directly pertinent book.,
documents, pepere, and records of the Contractor .-
involving transactions related to this contract.
(c) The Contractor Portlier agrees to include
in all his subeontracts hereunder a psovisioa to
the effect that the subcontractor agrees that the
Comptroller General of the United States or any
of his duly authorized representatives shall,
until the aspiration of 3 years after final
Payment under the subcontract or such leaser
time specified in either Appendix N of the Armed
Service. Proaarem0nt Regulation or the Federal
Procurement Regulations Part 1 -20, as appropriate,
have ancese to and the right to examine any direct-
ly pertinent book., documents, papers, and record.
of svch eubcontraotor, involving trmeactiom
related co the subcontract. The term •subcontract°
en used in this clause exclodee (1) purchase orders
not exceeding 62,500 and (2) subcontracts or par-
ch— ordere for public utility services at rates
estebliehed for uniform applicability to the general
public.
(d) The periods of access and examination
deecril, d in (b) and (c) , above, for records
which relate to (1) appeals under the •Disputes•
clause of this contract, (2) litigation or the
settlement of claims arising out of the perfor-
mance of this contract, or (3) caste and expenses
of this contract as to which exception has been
taken by the Comptroller General or my of his
duly authorized representatives, shall continue
until each appeals, litigation, claims, or excep-
tdon6 have been disposed of.
3. EQUAL OPPORTUNITY
_ During the performance of this contract, the
Contractor agrees an follows;
(a) The Contractor will ant discriminate
against any employee or applicant for employment
because of race, color, religion, sex, or national
L
-2-
origin. The Contractor will take affirmative
action to ensure that applicants are employed,
and that employees are trued during employment,
without regard to their race, color, religion, ens,
or national origin. Such action shall include, but_
not be limited to, the following, Employment, up-
gradinq, demotion, or tranafert recruitment cr
recruitment advertising, layoff or termination,
rates of pay or other forms .f compenestioa, aad
selection for training, including apprenticeship.
The Contractor agrees to poet in conspicuous
place., 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 solicitation.
or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified
applicaate will receive consideration for employment
without regard to race, color, religion, sex, or
national origin.
(o) The Contractor will need to each labor
anion or representative of workers with which he
has a collective bargaining agreement or other _
contract or understanding, a notion to be provided
by the agency Contracting Officar, advising the
labor union or workers' representative of the
Contractor's commitments under this Equal
Opportunity clause, and shall post copies of the
antics in conspicuous places available to employees
and applicants for employment.
(d) The Contractor will comply with all pro-
visions of Executive 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 in formation
and reports required by Executive Order No. 11246 of
September 24, 1965, and by rules, regulations, and
orders of the Secretary of Labor, or pursuant there-
to, and will permit eccees 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, regula-
tion., sad orders.
(f) In the event of the Contractor's non -
complimae with the Equal Opportunity .levee of
this contract or with any of said rules, regula-
tiona, or orders, this contract may be cancelled,
terminated, ar suspended, in whole or in pert,.and
the Contractor may be declared ineligible for
further Government contracts in accordance with
procedures authorized in Executive Order No. 11.246
of September 24, 1965, and Such other sanctions an
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 Contractor will include the pro-
visions 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 Execu-
tive Order No. 11246 of September 24, 1965, an
that each provisions will be binding upon each
Subcontractor or vendor. The Contractor will
take Such action with respect to any subcontract
or purchase order as the contracting agency may
direct as a memo of enforaing each provisions,
including sanctions for non - compliance. .Provided,
however, That in the event the Contractor
inTd 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.
4. CERTIFICATION OF NONSEGREGATED FACILITIES
The Contractor certifies that he does not
maintain or provide for his employees my segre-
gated facilitids at my og his establishments, and
that he does not permit employees to perform their
0
services at any location, under his control,
where segregated facilities are maintained.
The Contr9utor certifies further that he will
act maintain or provide for his employees any
segregated facilities at any of his esteblish-
maute, and that he will not permit his employees
to perform their services at any location, under
his control, where segregated facilities are
maintained. The Contractor agrees that a
breath of this certification is a violation
of the Equal Opportunity clause in this con-
tract. As used in this certification, the
term 'segregated facilities' means any waiting
room., work areas, rest rooms sad wash rooms,
restaurants, and other eating areas, time
clocks, locker rooms and other storage or
dressing _sea, Parking lot., drinking fcun-
tains, recreation = entertainment areas,
transportation and housing facilities provided
for employes, which are segregatefl by explicit
directive or are in Pace eegeegated on the basis
of race, color, religion or national origin,
because of habit, local custams, or oM—i -.
The Contractor further agree. that (except
where he has obtained identical certifica-
tione from proposed subcontractors for specific
time Period,) he will obtain identical certifi-
cations from proposed subcontractors prior to the
award of subcontracts exceeding $10,000 which are
t exempt from the provisions of the Equal
Opportunity classes that he will retain such
certifioaelona in his files; sad that he will
forward the following no ica to such proposed
subcontractors (except where the proposed sub-
contractors have submitted identical certifica-
tioas for specific time pariods) .
Notice to prospective subcontractors of req,ixe-
meats for certifications of nonsegregated facilities.
A Certification of Nonsegregated Facilities,
as required by the Nay 9, 1967, order (321T.
7439, May 9, 1967) on Elimination of Segregated
Facilities, by the Secretary of labor, must be
submitted prior to the award of a subcontract
exceeding $10,000 which is act exempt from the
provision, of the Equal Opportunity clause. The
certification may be submitted either for each
subcontract or for all subcontracts during a period
(I..., quarterly, semi- annually, = annually).
NOTE; The penalty for making false statements
in offers is prescribed in 18 O.S.C. 1001.
S. OFPICIALB NOT TO BENEFIT
No Member of or Delegate to Congress, or
Resident Commissioner, shall be admitted to any
.here or part of this contract, or to any benefit
that may arise therefrom, but this provision
shall not he construed to extend to this contract
if made with a corporation for its general benefit.
6. COVENANT AGAINST CONTINGENT FEES
The Con actor warrants that no parson or
selling agency has been employed or retained to
solicit or occurs this contract upon an agreement
r
o understanding for a commission, percentage,
brokera , ge or contingent fee, excepting bona fide
employees or bona fide established commercial or
selling agencies maintained by the Contractor for
the purpose of securing business. For breach or
violation of this warranty the Gave nmant shall
have the right to annul this contract without liabil-
ity or in its discretion to deduct from the contract
price, = consideration, or otherwise recover, the full
amount of each commission, percentage, brokerage, or
contingent fee.
7. CONVICT LABOR
In connection with the Performance of work under
thin contract, the Contractor agrees not to employ
any person undergoing sentence of imprisonment at
hard labor.
�L
1
S. CONTRACT WORE NOOKS AND SAFETY STANDARDS ACT- -
OVERTIME COMPENSATION
This contract, to the extent that it is of a
character specified in the Contract Work Hours and
Safety Standards Act (40 U.S.C. 327 -333), is subject
to the following provisions and to all other applicable
provision. and exceptions of such Act and the regula --
tions of the Secretary of labor thereunder.
(a) Overtime reguiremante. No Contractor or
subcontract —tra for any part of the contract
work which nay require or involve the employment of
laborers, mechanics, apprentices, trainees, watchmen,
and guard. shall require or permit any laborer,
mechanic, apprentice, trainee, watchman, or guard in
any workweek I. which he is employed on such work
to work in excess of a hours in any calendar day
or in excess of 40 hours in such workweek on work
subject to the provisions of the Coatraot iiork Hoare
and safety Standard. Act unless such laborer, mechanic.
apprentice, trainee, watchman, or guard receives
compensation at a rate not lees than can and one -
half times his basic rate of pay for all each house
worked in excess of a hours in any calendar day or I.
—as of 40 hours in such workweek, whichever 1s the
greater number of overtime hour..
(b) Violations - liability Eor unpaid wages;
liguidated ass. In event o any v o ation
o e prow alone of paragraph (a), the Contractor and
any subcontractor responsible therefor shall he liable
to any affected employee for his unpaid wages. In addi-
Lioo, each Co.tractor and ubcontractor shall be liable
to the united States for liquidated damages.' Such
liquidated damages shall be computed with respect to
each individual laborer, mechanic, apprentice,
_to,_. or goan8 employed in violation of the pro-
vi of of paragraph (a) is the sum of $10 for each
calendar day on which ...h employee vas required or
Pexmitte3 to be employed on each work in excess of a
hours or in excess of hie standard workweek of 40
hours without payment of the overtime wages required
by paragraph (a).
(a) Withholdin for on id we es an8
li�cidet�cea. a contract T4 fioer may
rrom we _""`_t Prime Contractor,
from any moneys payable on account of work per-
forced by the Contractor or subcontractor, such
some as may admisietratively be determined to be
necessary to satisfy any liabilities of such
Contractor or subcontractor for =paid wages
and liquidated damages as provided in the pro -
visions of paragraph (b).
(d) Subcontracts. The Contractor shall
insert paragrap a through (d) of this clause
In all subcontracts, and shall require their
inclusion in all subcontracts of any tier.
(e) Records. The Contractor shall maintain
iT-
payroll zeeoontaining the information npeai-
fied in 29 CFR 516.2(a). Such records shall be
preserved for three years from the completion
of the contract.
9. DISPUTES
(a) Except as otherwise provided in this
contract, any dispute concerning a question of
fact arising under this contract which is cot
disposed of by agreement shall be decided by the
Contracting Officer, who shall reduce his decision
to writing and mail or othezwise fersieh a copy
thereof to the Contractor. The decisio. of the
Contracting Officer shall be final and conclusive
cal.... within 30 days from the date of receipt of
such copy, the Contractor mail. or of
furnishes to the Contracting Officer a written
appeal addressed to the Secretary. The decision
of the Secretary or his duly authorised representa-
tive for the determination of each appeals shall be
final and conclusive unless determined by a court
of compotent jurisdiction to have been fraudulent,
or capricious, or arbitrary, or so grossly
•
erroneous as necessarily to imply bad faith, or cot
supported by substantial evidence. In connection
with say appeal proceeding under this clause, the
Contractor ahnll be afforded an opportunity to be
Beard and to offer evidence in support of its
appeal. Pending final decision of a dispute
hereunder, the Contractor shall proceed diligently
with the performance of the contract and in
accordance with the Contracting Officer's decision.
(b) This -Disputes" clause dose not preclude
consideration of law questions in connection with
decisions provided for is paragraph (a) above.
MgThat —thing in thin — street shall be
conetrmutd as making final the decision of any
administrative official, representative, or
board on a question of law.
10. GRATDI'MS
(a) The Government may, by written action
to the Contractor, terminate the right of the
Contractor to proceed under this contract if it
is found, after notice and hearing, by the agency
head or his duly authorized representative, that
gratuities (in the form of entertainment, gifts,
or othervise) were offered or given by the Con-
tractor, or any agent or representative of the
Contractor, to any officer or employee of the
Government with a view toward securing a con-
tract or encoring favorable treatment with
respect to the awarding or amending, or the
—king of any determinations with respect
to the performing of Such contract) Provided,
that the existexe of the facts upon wMTM the
agency head or his duly authorized repreeenta-
tive takes Such findings shall be in issue and
may be reviewed in any competent court.
(b) In the event this contract is terminated,
as provided in paragraph (a) hereof, the Govera- -
ment shall be entitled (i) to pursue the Same
remedies against the Contractor as it could
par in the avant of a breach of the contract by
the Contractor and (ii) en.a penalty in addition
to any other dame so to which it may be entitled
by lea, to exemplary damages in an amount (as
determined by the agency head or his duly author-
ised representative) which shall be not lens than
three or more than ten times the coat incurred by
the Contractor in providing any each gratuities to
any each officer or employee.
(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.
11. CERTIFICATE OF INUEPENDF.NT PRICE DETERMINATION
fa) By submission of this bid or proposal,
each bidder or offeror certifies, and in the ease
of i joint bid or proposal each party thereto
certifies as to its own arganisatica, that in
connection with this pmmaementt
(1) The prime in this bid or proposal
have bees arrived at independently, without con -
saltation, communication, or agreement, for the
purpose of restricting competition, as to any
matter relating to such prices with any other
bidder or offeror or with any competitirl
(2) Unless otherwise required by law,
the prime which have been quoted in this bid
or proposal have sot been knowingly disclosed
by the bidder or offeror and will act knowingly
be disclosed by the bidder or offeror prior to
opening, in the case of a bid, or prior to award,
in the onoo of a proposal, directly or indirectly -
to any other bidder or offeror or to any competi-
tor, and
(3) No attempt has been made or will be
made by the bidder or offeror to induce any other
person or firm to submit or not to submit a bid
or proposal for the purpose of restricting
competition.
(b) Each person signing this bid or proposal
- certifies that.
Mc.
(1) He is the person in the bidder's or
offeror'. organization responsible within that
organization for the decision es to the prices
being bid or offered herein and that he has act
participated, and will not participate, in any
action contrary to (a) (1) through (a) (3) shovel
or
(2) M He is not the person in the
bidder's or offeror'a organization responsible
within that organization for the decision as to
the prime being bid or offered herein but that
he has been authorized in writing to act as agent
for the peso— responsible for Such decision in
certifying that each persona have not participated,
and will not participate, in any action contrary to
(a) (1) through (a) (3) above, and as their agent
does hereby so certify, and (ii) he has not par-
ticipated, and will not participate, in any action
contrary to (a) (1) through (a) (3) above.
(c) This certification is not applicable to
a foreign bidder or offerar submitting a bid or
proposal for a contract which requires performance
or delivery outside the United States, its posses-
sions, and Puerto Rico.
(d) A bid or proposal will act be considered
for award where (a)(1), (a)(3), or (b) above has
been deleted or modified. Where (a) (2) abode has
been deleted or modified, the bid or proposal will
not be considered for award unless the bidder —
offeror furnishes with the bid or proposal a signed
statement which sets forth in detail the circum-
stances of the disclosure and the heed of the
2ency, or his designee, determines that each
— loaure was not made for the purpose of re-
etricting competition.
12. CONFLICTS
To the extent of any inconsistency between
the provisions of this contract, and any schedule,
rider, or exhibit incorporated in this contract
by reference or otherwise, or any of the Con -
tractor's rules and regulations, the provisions
of thin contract shall control.
13. PARTIES OF MEREST
This contract shall be binding upon and in-
ura to the benefit of the successors, legal rep-
representatives and'aeai'gneea "of the respective
Parties hereto.
14. LISTING OF EMPLOYMENT OPENINGS
(This clause is applicable pursoant to 41 CFR 50 -250
if this contract is for $10,000 or more and will
- generate 400 or more man -days of employment.)
(a) The Contractor agrees that all employment
Opening. of the Contractor which exist at the time
of the exeantion of this contract aid those which
con r. during the performance of this contract,
inalading three not generated by this contract
and iaalndiag those 000arring at an establishment
of the Contractor other than the one wherein the
contract is being performed b¢t.axaluding those
of independently operated corporate affiliate-,
shall, to the maximum extent feasible, be offered
for listing at an appropriate local Office of th e
State employment service system whereiu the opening
coons and to provide such periodic report. to such
local office regarding employment opening- and hires
as may be required.
(b) Listing of employment openings with the
employment service system pursuant to this clause
shall be made at least concurrently with the use of
any other ratruitment source ex effort and shall
involve only the normal obligations which attach to
the placing of a bona fide job order but doe- not
require the hiring of any job applicant referred
by the employment Service system.
(c) The periodic reports required by Para-
graph (a) of this clause, shell be filed at Is at
quarterly with the appropriate local office or,
where the Contractor hoe more than one establishment
•
in a State, with the central office of that State
employment service. such reports shall indicate
for each establ)alment the number of individuals
who were hired during the reporting period and the
number of hires who were veterans who served in the
Armed Par. on or after August 5, 1964, and who
received other than a dishonorable discharge. The
Contractor shall maintain copies of the reports
submitted until the expiration of 1 year after
final payment under the contract, during which
time they shall he made available, upon request,
for examination by say authorised representatives
of the Contracting Officer or of the Secretary of
Labor.
(d) Whenever the Contractor becomes con-
tractually bound to the listing provisions of
this .lease, he shall advise the employment
se rvice cyst® in each State wherein he has
establietmeate oP the come and ].00atlen of each
each eatab1iaimeat in the State. A. long as the
Contractor is contractually bound t. these pro -
visicus and has So advised the State employment,
.ervice system, there ie he need to advise the
State eyatem of subsequent contracts. The Con-
tractor may advise the State systems when it is
no longer bound by this contract clause.
(e) This clanae floes not apply (1) to the
listing of employment openings which occur outside
of the 50 States, the District of Columbia, the
Commonwealth of Puerto Rico: Guars, and the Virgin
Islands, and (2) to contracts with state and local
governments.
(f) This clause does act apply to openings
which the Contractor proposes to fill from within
his own organisation or to fill pursuant to a
customary and traditional employer -union hiring
arrangement. This exclusion does cot apply to a
particular opening once an employer decides to
consider epplleant� outside of bin own organisa-
tion or employer -union arrangement for that opening.
(g) A. used in thin clause,
(1) 'All employment openings" includes, but ie
not limited to, openings which occur in the following
job categories: Production and nonproduction, plant
and officer laborers and mechanics, supervisory and
...supervisory; technical; and executive, administra-
tive, and professional openings which are compensated
on a salary basin of leas than $18,000 per year. This
term 1 —i"aes full -time employment: temporary employ-
ment of more than 3 days' duration, and part -time
employment.
(2) . 'Appropriate office of the Stata employ-
ment service system" means the local office of the
federal -State national system of is employment
offices with assigned respuneibilitp Par serving
the area of the establishment where the employment
opening is to be filled, including the District of
Columbia, the Commonwealth of Puerto Riau, Guam,
and the Virgin Islands.
(3) 'Opening. which the Contractor proposes
to fill from within his own organisation or to fill
purauant to a customary and traditional employer -
union hiring arrangement,' mean. employment openings
for which no consideration will be given to par.. —
outside the Contractor'. organisation (including
say aPfiliatas, subsidiaries, and parent companies)
or outside of a special biricg arrxaannggement which is
part of the customary and traditional employment
relationship which exists between the Contractor
and representatives of his employee. sad includes
any openings which the Contractor proposes to fill
from regularly established 'recall' or 'rehire'
lists or from union hiring halls.
(d) 'Men -day of employment- means any day
during which an employee performs more than 1
hour of work.
(h) The Contractor agrees to place this
clause (excluding this paragraph (h)) in any
subcontract directly under this contract.
-5-
•
15. UTILISATION OF MINORITY BUSIKBSS BNTSBPRISBS
(a) It is the policy of the Government that
minority business enterpriaea shall have the maxi-
mal practicable opportunity to participate in the
performance of Government contracts.
(b) The Contractor agrees to use his beet
efforts to carry cut this policy in the award of
his Subcontracts to the fullest extent consistent
with the efficient performance of this contract.
As used in this contract, the term "minority busi-
=ss ente prise° mean a business, at least 50 par-
cant of which is owned by minority group members or,
in case of publicly owned businesses, at least
51 percent of the stook of which is owned by minority
group members. For the purposes of this definition,
minority group members are Negroes, Spanish-speaking
American persons, Amarleon- Orientals, American-
Indiane, American- ESkimoe, acd American Aleuts.
Contractors may rely on written representations by
subcontractors regarding their status m minority
business ante prises in lieu of an independent
investigation.
* Q. S. GOVERNMENT PFJ TCINO OFFICE : 1972 0 � 471 -574
'SsT
CORPUS CHRISTI, TEXAS y
DAY OF
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; 1, 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, T6AS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JASON LUBY
OR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
THE ABOVE ORDINANCE WAS PASSED BY THE F LLOWING VOTE:
JASON LUSY .yam
OR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE