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HomeMy WebLinkAbout14112 ORD - 01/04/1978jkh:1-4 -78; 1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE THE FOLLOW- ING AGREEMENTS AND CONTRACTS WITH THE FEDERAL AVIATION ADMINISTRATION: (1) Supplemental Agreement No. 1 to Lease DOT - FA76SW -1196, Lease DOT - FA76SW -1197, and Lease DOT- FA76SW -1198, establishing janitorial service rate of $1.48 per square foot of space occupied in the new tower building; (2) Contract DOT - FA77SW -1240, establishing electrical power reimbursement charges for space occupied in the new tower; (3) Contract DOT - FA78SW -1020, establishing electrical power reimbursement charges for space occupied in the old tower build- ing and for certain navigation aids; and (4) Cancellation Agreement terminating Contract DOT- FA76SW -1085; ESTABLISHING AN EFFECTIVE DATE OF JULY le 1977, ALL AS MORE FULLY SET FORTH IN EACH OF THE AFORESAID AGREEMENTS AND CONTRACTS, A SUBSTANTIAL COPY OF EACH BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBITS "A" THROUGH "D "; 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 the following agreements and contracts with the Federal Aviation Administration: (1) Supplemental Agreement No. 1 to Lease DOT- FA76SW -1196, Lease DOT- FA76SW -1197, and Lease DOT- FA76SW -1198, establishing janitorial service rate of $1.48 per square foot of space occupied in the new tower building; (2) Contract DOT- FA77SW- 1240,establishing electrical power reimbursement charges for space occupied in the new tower; (3) Contract DOT- FA78SW -1020, establishing electrical power reimbursement charges for space occupied in the old tower building and for certain navigation aids; and (4) Cancellation Agreement terminating Contract DOT- FA76SW -1085, and establishing an effective date of July 1, 1977, all as more fully set forth in each of the aforesaid agreements and contracts, a substantial copy of each being attached hereto and made a part hereof, marked Exhibits "A" through "D ". MICROFILMED 14112 JUL 0 7 )930 • SECTION 2. The necessity to authorize execution of the aforesaid agreements and contracts at the earliest practicable date creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall 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, 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 day of January, 1978. ATTEST: City Secretary AP VED: DAY OF JANUARY, 1978: J. BRUCE AYCOCK, CITY ATTORNEY ByAssi I n�4%04. At orney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS This ordinance is in effect and force with or without the signature of the Mayor, in accordance with Article II Section 6 of the City Charter. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION SOUTHWEST REGION POST OFFICE BOX 1689 FORT WORTH, TEXAS 76101 Lease No. DOT- FA76SW -1196 GADO Lease Corpus Christi, Texas SUPPLEMENTAL AGREEMENT NO. 1 THIS SUPPLEMENTAL AGREEMENT, made and entered into this day of , 1977, by and between the UNITED STATES OF AMERICA, hereinafter called the Government, represented by the Federal Aviation Administration; and the City of CORPUS CHRISTI, TEXAS; hereinafter called the Lessor, whose address is Route 2, Box 902, Corpus Christi, Tx 78408, WITNESSETH, That: WHEREAS, on the let day of September, 1975, the parties hereto entered into Lease DOT- FA76SW -1196, for the consideration and purposes more parti- cularly stated in said lease; and WHEREAS, it has been determined by the parties hereunto to delete from the lease all requirements for the city to furnish electrical service to said space; and WHEREAS, the aforesaid electrical service has been valued at $0.52 per square foot, and said amount having been adjusted and deleted from the lease and the value of the remaining janitorial service is hereby established by the parties hereunto at $1.48 per square foot; and WHEREAS, the parties hereunto find it will be to their mutual benefit and advantage for the purposes stated hereinabove to amend said lease. NOW, THEREFORE, effective July 1, 1977, the parties hereto agree to amend the basic lease in the following particulars only, viz.: 1. Delete: from the lease the portion of condition 16(e) which begins with the Word "current ", and ends with the words 'office machines ", and all reference to the electrical service being pro- vided by Lessor. 2. Reduce: Article 3 from $19,057.25 to $17,778.57 payable monthly at a rate of $1,481.54. - Supplemental Agreement No. 1 Lease No. DOT- FA76SW -1196 GADO Lease Corpus Christi, Texas 3. Change: Article 9 to read 1.48 per square foot for Janitorial Services for a total of $3,639.32. 4. Change: Article 10 from $19,057.25 to $17,778.57. ALL OTHER TERMS AND CONDITIONS of the lease are hereby ratified and, except as amended hereinabove, shall be and remain the same. IN WITNESS WHEREOF, the parties hereunto subscribed their names as of the date first above written. CITY OF CORPUS CHRISTI, TEXAS iBy: R. Marvin Townsend Title: City Manager THE UNITED STATES OF AMERICA By: i MARCUS L. WILLIAMS Title: Contracting Officer CORPORATE CERTIFICATE Supplemental Agreement No. 1 Lease No. DOT- FA76SW -1196 GADO Lease Corpus Christi, Texas 1, Bill G. Read , certify that I am the City Secretary of the Corporation named as Lessor in this lease; that R. Marvin Townsend who signed said lease on behalf of the Corporation, was then City Manager thereof; that said lease was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Dated this day of , 1977. CORPORATE SEAL By: Bill G. Read APPROVED: DAY OF 1977: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Lease No. DOT- FA76SW -1197 AFS Lease Corpus Christi, Texas SUPPLEMENTAL AGREEMENT NO. 1 THIS SUPPLEMENTAL AGREEMENT, made and entered into this day of , 1977, by and between the UNITED STATES OF AMERICA, hereinafter called the Government, represented by the Federal Aviation Administration; and the City of CORPUS CHRISTI, TEXAS; hereinafter called the Lessor, whose address is Route 2, Box 902, Corpus Christi, T% 78408, WITNESSETH, That: WHEREAS, on the 1st day of September, 1975, the parties hereto entered into Lease DOT- FA76SW -1197, for the consideration and purposes more parti- cularly stated in said lease; and WHEREAS, it has been determined by the parties hereunto tocdelete from the lease all requirements for the city to furnish electrical service to said space; and WHEREAS, the aforesaid electrical service has been valued at $0.52 per square foot, and said amount having been adjusted and deleted from the lease and the value of the remaining janitorial service is hereby established by the parties hereunto at $1.48 per square foot; and WHEREAS, the parties hereunto find it will be to their mutual benefit and advantage for the purposes stated hereinabove to amend said lease. NOW, THEREFORE, effective July 1, 1977, the parties hereto agree to amend the basic lease in the following particulars only, viz: 1. Delete: from the lease the portion of condition 16(e) which begins with the word "current ", and ends with the words 'office machines ", and all reference to the electrical service being pro- vided by Lessor. 2. Reduce: Article 3 from $26,357.46 to $24,827.62 payable monthly at a rate of $2,068.96. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION SOUTHWEST REGION POST OFFICE BOX 1689 FORT WORTH, TEXAS 76101 Lease No. DOT- FA76SW -1197 AFS Lease Corpus Christi, Texas SUPPLEMENTAL AGREEMENT NO. 1 THIS SUPPLEMENTAL AGREEMENT, made and entered into this day of , 1977, by and between the UNITED STATES OF AMERICA, hereinafter called the Government, represented by the Federal Aviation Administration; and the City of CORPUS CHRISTI, TEXAS; hereinafter called the Lessor, whose address is Route 2, Box 902, Corpus Christi, T% 78408, WITNESSETH, That: WHEREAS, on the 1st day of September, 1975, the parties hereto entered into Lease DOT- FA76SW -1197, for the consideration and purposes more parti- cularly stated in said lease; and WHEREAS, it has been determined by the parties hereunto tocdelete from the lease all requirements for the city to furnish electrical service to said space; and WHEREAS, the aforesaid electrical service has been valued at $0.52 per square foot, and said amount having been adjusted and deleted from the lease and the value of the remaining janitorial service is hereby established by the parties hereunto at $1.48 per square foot; and WHEREAS, the parties hereunto find it will be to their mutual benefit and advantage for the purposes stated hereinabove to amend said lease. NOW, THEREFORE, effective July 1, 1977, the parties hereto agree to amend the basic lease in the following particulars only, viz: 1. Delete: from the lease the portion of condition 16(e) which begins with the word "current ", and ends with the words 'office machines ", and all reference to the electrical service being pro- vided by Lessor. 2. Reduce: Article 3 from $26,357.46 to $24,827.62 payable monthly at a rate of $2,068.96. Supplemental Agreement No. 1 Lease No. DOT- FA76SW -1197 AFS Lease Corpus Christi, Texas 3. Change: Article 9 to read 1.48 per square foot for Janitorial Services for a total of $4,354.16. 4. Chanae: Article 10 from $26,357.46 to $24,827.62. ALL OTHER TERMS AND CONDITIONS of the lease are hereby ratified and, except as amended hereinabove, shall be and remain the same. IN WITNESS WHEREOF, the parties hereunto subscribed their names as of the date first above written. CITY OF CORPUS CHRISTI, TERMS By: R. Marvin Townsend Title. .City Manager THE UNITED STATES OF 11)-d AMERICA By: � MARCUS L. WILLIAMS � Title: Contracting Officer Supplemental Agreement No. 1 Lease No. DOT- FA76SW -1197 AFS Lease Corpus Christi, Texas CORPORATE CERTIFICATE 1. Bill G. Read , certify that I am the City Secretary of the Corporation named as Lessor in this lease; that R. Marvin Townsend who signed said lease on behalf of the Corporation, was then City Manager thereof; that said lease was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Dated this day of , 1977. CORPORATE SEAL By: Bill G. Read APPROVED: DAY OF 1977: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney • DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION SOUTHWEST REGION POST OFFICE SOX 1689 FORT WORTH, TEXAS 76101 Lease No. DOT- FA76SW -1198 ATCT Lease Corpus Christi, Texas SUPPLEMENTAL AGREEMENT NO. 1 THIS SUPPLEMENTAL AGREEMENT, made and entered into this day of , 1977, by and between the UNITED STATES OF AMERICA, hereinafter called the Government, represented by the Federal Aviation Administration; and the City of CORPUS CHRISTI, TEXAS; hereinafter called the Lessor, whose address is Route 2, Box 902, Corpus Christi, TX 78408, WITNESSETH, That: WHEREAS, on the 1st day of September, 1975, the parties hereto entered into Lease DOT- FA76SW -1198, for the consideration and purposes more parti- cularly stated in said lease; and WHEREAS, it has been determined by the parties hereunto to delete from the lease all requirements for the city to furnish electrical service to said space; and WHEREAS, the aforesaid electrical service has been valued at $0.52 per square foot, and said amount having been adjusted and deleted from the lease and the value of the remaining janitorial service is hereby established by the parties hereunto at $1.48 per square foot; and WHEREAS, the parties hereunto find it will be to their mutual benefit and advantage for the purposes stated hereinabove to amend said lease. NOW, THEREFORE, effective July 1, 1977, the parties hereto agree to amend the basic lease in the following particulars only, viz.: 1. Delete: from the lease the portion of condition 16(e) which begins with the word "current ", and ends with the words "office machines ", and all reference to the electrical service being pro- vided by Lessor. 2. Reduce: Article 3 from $65,836.25 to $61,418.85 payable monthly at a rate of $5,118.23. Supplemental Agreement No. 1 Lease No. DOT- FA76SW -1198 ATCT Lease Corpus Christi, Texas 3. Change: Article 9 to read 1.48 per square foot for Janitorial Services for a total of $12,572.60. 4. Change; Article 10 from $65,836.25 to $610418.85. ALL OTHER TERMS AND CONDITIONS of the lease are hereby ratified and, except as amended hereinabove, shall be and remain the same. IN WITNESS WHEREOF, the parties hereunto subscribed their names as of the date first above written. CITY OF CORPUS CHRISTI, TESAS R. Marvin Townsend Title: City Manager THE UNITED STATES OF AMERICA Hy 41 i MARCUS L. W1r11 Title: Contracting Officer CORPORATE CERTIFICATE L� Supplemental Agreement No. 1 Lease No. DOT- FA76SW -1198 ATOP Lease Corpus Christi, Texas T. Bill G. Read , certify that I am the city ;prrptary of the Corporation named as Lessor in this lease; that R- Marvin Towncand who signed said lease on behalf of the Corporation, was than City ManagQr thereof; that said lease was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Dated this day of CORPORATE SEAL APPROVED: DAY OF 1977: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney 1977. By: Bill G. Read IS N Rld 26, JULY 196 6 PAGE GENE ADMINISTRATION AWAM /CONTRACT j FED. (410R) 0R) 1-16.101 1. CONTRAL11IMFc. L%M Ideal.) NO. 2. EFFECTIVE DATE 3. RIG1M=N /FL4ROi/SE REO116T /PROIELT NO. 4, CERTIFIED 1'OR NATIONAL DEFENSE UNDI, DOT- FA77SW -1240 7/1/77 N/A RATING /OR DMS REG. 1. S. RBSUED Br.., CODEJ 6. ADMINISTERED BY CODE 7• Da�Y (If orbs lb- bW y) FOR OEM [x] NA TION Department of Transportation Real Estate and Utilities Branch Federal Aviation Admin istration Tele F hone: (817 p ) 624 -4911 � act. 401 D>Ra (sos ❑ �) S.W. Region. P.O. Box 1689 Ft. Worth T% 8. CONTRACTOR CODE FAcuny CODE P. DISCOUNT FOR PROMPT PAYMENT GAME ANp em.+ -ccc F —city of Corpus Christi, Texas International Airport ( Route 2, Box 902 =L i) N/A Corpus Christi, T% 78408 10. SUBMIT INVOICES (4 mpies ­&u ofb 24' L *-;rd) To ADDRESS SHOWN IN BLOCII- original and one copy 11. SNIP TO /MARK FOR CODE 12. PAYMENT WILL BE MADE BY CODE Federal Aviation Administration Federal Aviation Administration Accounts Payable Branch, ASW -24 ATCT Building, _International Airport P. 0. Box 1689 Corpus Christi, Texas 78408 Fort Worth, Texas 76101 10 US.C. 230' 0H 1 13. FN1s PROCURef4ErR WAS ❑ AWfFfls®, NEGOTIATED, Pu2suANr TOr ❑ 41 U.S.C. 232 Icy(. I FPR 1 -3.210 (a) (1) 14. ACCOUMWO AND APPROPRIATION DATA GADO 7010 - 04510- 420 - 237015.25% (AFS)(ATCT) 7010 - 08210 - 211 - 2370=83.54% 1S. 16. 17. 18. 19. 20. 1TEM NO. SUPPIV$ /SERVICES UAMITY UNIT UND PRICE AMOUNT Electricity: The contractor shall provide elec tric power as required for lights, air- condi- tioning, communications and office machines. The Government shall reimburse the contractor in the amount equal to 98.8% of the total monthly billing. Invoices and vouchers shall be submitted monthly to the Government for Payment. Schedule I, Special Contract Provisions attached hereto and made a part hereof. 15,917 sq. feet 21. TOTAL AMOUNT OF CONTRACT S CONTRACTING OFFICER WILL COMPLETE BLOCK 22 OR 26 AS APPLICABLE 22. n CONTRACTOR'S NEGOTIATED AGREEMENT ((9C,,=n adl is required to dp 26. ❑ AWARD (C9 -fyaao a Rol -gaind so dg. fbb d- -.s-b) Your aRer Ibis d__1 d'n- r-originfl if AM f,.) Cad- -w- ae Solldt.bn Numb. , I..I dln8 da to f-kh -ad den.er W1 arm.. perform all the .eM- W f. h ..h.M.e addiNen. drone. made by you whkh addIH- - dr.ra. ore ea Farts in Fun ide.iPoed aba.a cad - -y m.imr.len .Saab for the c- dde.utlon a.ed herein. above, I. b ..by a ®peed . b the fl.m. HOW -hoer sad m -y - .InaaBeo .haela The a8hn and a69g th.. of the pwa . la 1hk coNwtl "I be cabled b oral a- TN, ­d o ®ommat. the mmhae -hkh rmnl.b o1 the W-io doam.du 1-1 --d by Me fora dawn -+u lal thb a.odhoet-d. (b) Om .oUcB.ba. U.7. the Gevemm.tt'e meld im. aad yro alfw. and IN dds a d /c.erW. No sad 1.) wdr p,.Wi i m, .epre.eddk., cedi0catieN, oed .pacfarmi -n., ..e Pooh. md.d.al dammed b aem.my. .n hd w Iocmpmabd by re F­. h-iA. (Afmcb —n are Uned herd-.) 23. NAME OF COmTRACIOR 27. UNITED SFATES AME®4 By City of Corpus Christi, Texas By Isia� of perwn a,U,,Lmd b seal I plus ae of 0Eb_ 24_ NAME AND TITLE OF SIGNER (Type w print) 7S. DATE SIGNED 26. NAME OF CONTRACTING OFFICER (Type er Priaf) 29. DATE SIGNED MARCUS L. WILLIAMS // I i i • Contract No. DOT- FA77SW -1240 ATCT, AFS, GADO n Interational Airport Corpus Christi, Texas SCHEDULE I SPECIAL CONTRACT PROVISIONS 1. CONTRACTOR ACCESS: The Government hereby grants to the Contractor a revocable permit to enter the service location for any purpose under the contract for the installation, operation and maintenance of the facilities of the Contractor. Authorized representatives of the Contractor will be allowed access to the facilities of the Contractor at suitable times to perform the obligations of the Contractor with respect to such facilities. It is expressly understood, however, that proper Government authority may limit or restrict the right of access herein granted in any manner considered by such authority to be necessary for the national security. • 2. STANDARD OF SERVICE: If the services as specified herein and provided by the Contractor fall below acceptable standards at the Government's facility, in the opinion of the Contracting Officer, the Government reserves the right to terminate the contract by giving ten (10) days' written notice thereof to said Contractor. 3. PAYMENT FOR SERVICES: Payment for service rendered under this contract shall be made upon submission of an invoice to the address shown in Block 12, page 1. 4. CONFLICTS: To the extent of any inconsistency between the provisions of this contract and any schedule, attachment, rider or exhibit incorporated in the contract by reference or otherwise, or any of the Contractor's rules and regulations, the provisions and conditions of this contract shall control. 5. CONTRACT TERM: The term of this contract shall commence July 1, 1977, and continue in force from year to year; EXCEPT, either party hereto may, cancel said contract upon giving the other party 30 days' written notice of the desire for such cancellation. 6. UNAPPROPRIATED FUNDS: This contract does not obligate nor purport to obligate funds not yet appropriated by the Congress of the United States. No legal responsibility on the part of the Government for payment of any money shall arise unless and until such appropriations shall be provided. Contract No. DOT- FA77SW -1240 ATCT, AFS, GADO International Airport Corpus Christi, Tex" CORPORATE CERTIFICATE I, Rill r, Road , certify that I am the ritzy ¢Prratary of the corporation named as Contractor in the attached contract; that R. Marvin Townsend , who signed said contract on behalf of the corporation, was then City Manager of said corporation;' that said contract was duly signed for and in behalf'of said corporation by authority of its governing body and is within the scope of its corporate powers. Dated this day of , 1977. CORPORATE SEAL By: Bill G. Read APPROVED: DAY OF 1977: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant C ty ttorney ' $TANDA FORM 26, JULY 1966 Pp; E pp G° EQAL AD,M) 1-nnoN FED. Id ICFR STRATI 01 AWARD /CONTRACT ' 1 1 • m. Ideat•J NO. 2: HFECTIVE -DATE 2. REGUDUTION /PURCHASE REQUEST /PROJECT NO. d. CERfRiE'D FOR NATIONAL DEFENSE U NDE DOT -FA SW -1020 7 -1 -77 Rai. 2, ND /OR DMS REG. 1. I RAnNo S. ISSUED BY CODE e. ADMPIRTE W BY CODE 7. DELIVERY ' Department of Transportation (if orbe the. bkrb °� ❑ FOno STI. Federal Aviation Administration Real Estate @ Utilities Branch F. 0. Box 1689 Telephone: (817)624 -4911, Ext. 405 OTMSI(&v ❑ bd—) Fort Worth Texas 76101 e. CONTRACTOR CODE FACILITY CODE 9. D6KOUNT FOR PROMPT PAYMEM NAME AND ADDRESS r City of Corpus Christi (Sow, a&, Corpus Christi International Airport ' o SA.M. sad ZIP ­AC) goute 2, Box '902 Corpus Christi, Texas 76408 wseD IN VGICES (d c.Pin sole„ e+b +P• ) TD ADDRESS SHOWN w SLOOK 10. LI J original only 11. SNIP TO /MARK FOR CODE 12. PAYMENT WILL BE MADE BY CODE ATCT, ILS No. 1, Middle Marker Federal Aviation Administration MALSR No. 2, and TRACON P. 0. Box 1689 Corpus Christi, Texas Fort Worth, Texas 76101 Attn: ASW -24 ❑ To U'S.C. 2204 loll 1 12. THIS PROGRIMENr WAS ❑ ADVERTISED, ® NECoTIATED, PURSUANT Tor ❑x n Us.c 262 1.X10 Id. AC VJNTINO AND APPROPRIATION DATA 7010 - 08210 - 211 -2370 IS. ITEM NO. 16. SUPPLIES /SERVICE 17. OIJANTITY IB. UNIT 19. UNR PRICE 20. AMOUNT Furnist 2400 volt, 45 RVA, 3 phase, Delta electric service to be metered by the City of Corpus Christi for the Federal Aviation Administration, ATCT, ILS No. 1, Middle Marker, MALSR No. 2, and TRACON, and any future facilities on tle same service, Corpus Christi, Texas. The Government shall reimburse the contractor in the amount equal to 00% of the total monthly billing. Invoices and vouchers shall be submitted monthly t the Government for payment. "Gener 1 Provisions - Utility Service Contracts," Form 1AA P -8 is attached heretc and made a part hereof. All bi is for service shall be paid without penalty or Interest and the Governme t shall be ent tied to any discounts customarily applicable to jayment of bi is by all customers of the Contractor. 21. TOTAL AMOUNT OF CONTRACT $ CONTRACTING OFFICER WILL COMPLETE BLOCK 22 OR 26 AS APPLICABLE 22. k] CONTRACTOR'S NEGO A A (Coati aw, is req.ir d m ,fin original a copy 26. ❑ AWARD (Coanar+or is ae+ required +e sign 16u oarsmen+. ) Yaer efkr fbil deaumear sad re+s.a opin +e iraai.g ofin) cl I,a ., agree. on S.Ikrodten N.mbe, . Mduding the ra Tmnish end zil all dell w Perform .11 the —ices set fool, w olh,miss Ideeafied above and moo — f—fiee ah-ft fm the c ,ideMion stated hello. 1 addl neon w dmegea made by ,TER -hkh addl Nona w chmigea are set foots In fall Thaw, I. hreb+ attspred b the Mena and on an, ahem The d 4 C o r arming d d ore P.rtiea s this er /cd droll th awho ro and Be, mood b, Its follawhsB .IomaveNU (a) this a.ad /cenkael, Ibl Its whrHmlTn, it aq, h kh a , fth .g deaden the GewrmneNY mliclredon and Yee eRm, and (bl W. arard /coNrad. No the a-wd em f's CoIba the ca d . o es, a la of) blleme d d.c.me . N, ..d Is) each prwklom, repreaemvNoes. cerH&mi.m, and speelficetlons, w are feats, cadmd.el dommeN k . —Ces,. e- .eked w kawpe.ated b, ref rem h 1. (A—,hm 1 on G,1ed bird..) 23. NAME OF CONTRA GIOR 27. UNI113)ESTATES BY c/ ISIgmMe d wr,Tn arnhor:md tT dgnl 151g Conlroatng pRkeq 24. NAME AND TITLE OF SIGHTS (Type ar pria +I 75. DATE SIGNED 2... NAME OP CONRAC - OFFICER (Type or pr/s+) DATE SIGNED 121, BVERLY MAYES Contracting Officer, ASW -56C 11/11/77 r Ve ATTEST: v4. L- ,�� r ae. aw.w -e.r waal.a once � loaf ar- e.a�ae n000nlrrn. Adik Adik • 'No OF DOC. MINd CONTD. PAGE - STAND RM 36, JULY 1966 GEN 2AI sE�mcES wDMM15FRAnr CONTINUATION SHEET FO). PROC PEG. pF CFRI 1 -16 D0T- FA78SW -1020 2 2 NAME OF OFFEROR OR CONTRACTOR Citv of Corpus Christi N ITEM O. SUPPLIES /5ERYICES OUANTRY UNR UNR PRICE AMOUNT METER NO. This contract shall remain in force until further notice subject to a terminatio privilege in its entirety or for renegotiation purposes by either party upon thirty (30) days notice in writing, and with the understandin8 that the contract does t obligate or purport to obligate Governmental expenditure of funds no t yet appropriated. The Contractor shall give Federal Aviation Administration, Chief Airway Facilities Secto , Corpus Christi, Texas, Telephone No. 512-884-3622, 96 ho rs advance not1re of any p aimed outages. 14. 1. DEFINITIONS DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION SUPPLEMENTAL PROVISIONS (UTILITY SERVICE CONTRACT) As used throughout this contract, the following terms shall have the meaning set forth below: means the Secretary, het Under �retary.aanytAssistant Secretary, or any other head or assistant head of the executive or military de- partment or other Federal agency: and the temr "his duly authorized representative" means any person or persons or board (other than the Contracting Officer) authorized to act for the head of the agency orthe 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 -sub- contracts­ includes purchase orders underthis contract 2 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL (a) is clause is applicable If the amount of this contract ex. ce eds r .wand was entered Into by means of negotiation. includ- ling small business restricted advertising. but is not applicable H this contract was entered into by means of formal advertising. (b) The Contractor agrees that the Comptroller General of the United States or any of his duly authorized representatives shall• until the expiration of 3 years after final payment under this con- tract orsuch lesser time specified In elther Appendix M of the Armed Services Procurement Regulation or the Federal Procurement Regu- lations Part I -20, as appropriate, have access to and the right to examine any directly pertinent books, documents. papers, and records of the Contractor involving transactions related to this contract (C) The Contractor further agrees to Include in all his subcon- tracts hereunder a provision to the effect that the subcontractor agrees that the Comptroller General of the United States or any of his duty authorized representatives shall• until the expiretion of 3 years after final payment under the subcontract or such lesser time specified In either Appendix M of the Armed Services Procurement Regulation or the Federal Procurement Regulations Part 1 -20, as appropriate, have access to and the right to examine any directly pertinent books. documents, papers, and records of such sub Contractor, involving transactions related to the subcontract The term "subcontract" as used in this clause excludes (1) purchase orders not exceeding $2.500 and (2) subcontracts or purchase orders for public utility services at rates established for uniform applicabl6ly to the general public. (d) The periods of access and examination described In (b) and (c). above. for records which relate to (1) appeals under the "Dis- putes- clause of this contract. (2) litigation or the settlement of Claims arising out of the pertomance of this contract, or (3) costs and expanses of this contract es to which exception has been taken by the Comptroller General or any of his duly authorized representa- tives, s1f811 continue until such appeals, Iitigetlon. claims, or exeep- tiats Tune been disposed of. 3. EQUAL OPPORTUNITY (The following clause is applicable unless this contract Is exempt under he rules, regulations. and relevant orders of the Secretary of Labor(41 CFR.ch.600 Durin asfot the performance of this contract, the Contractor agrees (a) The Cortractor will not discriminate against any employee or applicant Tor employymmeent because of race• color, religion, sex, or national origin. The Contreetor will take affirmative action to ensure that applicants are employed, and that employees are treated dur. Ing employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment. upgrading. demotion, or transfer; recruit- ment or recruitment advertising; layoff or termination; rates o1 p�ayy or other forms of compensation: and selection for training, incfud• Ing 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 advertisements 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 representa- tive of workers with which he has a collective bargaining agreement or other contract or understanding. a notice. to be provided by the agency Contracting Officer, advising the labor union or workers' representative of the Contractor's commitments under this Equal Opportunity clause, and shall post copies of the notice in conspicu- ous places available to employees and applicants for employment (d) The Contractor will comply with all provisions of Executive Order No. 11246 of September 24. 1965, and of the rules• regula- tions. and relevant orders of the Secretary of tabor. (e) The Contractor will furnish all information and reports re- quired by Executive Order No. 11246 of September 24, 1965, and by the rules. regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records. and accounts by the contracting agency and the Secretary of Labor for purposes of irnestigation to ascertain 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 de- clared ineligible for further Government contracts in accordance with procedures authorized In Executive Order No. 11246 of Sep- tember 24. 1965. and such other sanctions may be Imposed and remedies invoked as provided In Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided bylaw. (g) The Contractor will Include the .provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations. or orders of the Secretary of Labor issued pur- suant to section 204 of Executive Order No. 11246 01 September 24. 1965. so that such provisions will be binding upon each subcon- tractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions. Including sanctions for noncompliance: Provided, aawomr, That in he event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Con- tracting 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 (Applicable to (1) contracts, (2) subcontracts. and (3) agreements with applicants who are themselves performing federally assisted construction contracts, exceeding $10.ODD which are not exempt from the provisions of the Equal Opportunityclause.) By the submission of this bid, the bidder, offeror, applicant, or subcontractor certifies that he does not maintain or provide 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 further that he will not maintain or provide for his employees any segregated facilities at any of his establish- ments. and that he will not permit his employees to perform their services at any location, under his control, where segregated facili- ties are maintained. The bidder, offeror, applicant. or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used In this certification, the term "segregated facilities" means any waiting rooms. work areas. rest rooms and wash rooms, restaurants and other eating areas. time clocks. locker rooms and other storage or dressing areas, park. Ing lots. drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race• color, religion or national origin, because of habit. local custom, or otherwise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain Identical certifications from proposed subcontractors prior to the award of subcontracts exceed. ing $10,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in his files: and that he will forward the following notice to such proposed sub- contractors (except where the proposed subcontractors have sub- mitted identical certifications for specific time periods): FAA P -8 February 1977 Nodes W proaDeedva aubgmhaotora of requrremenf for ix+ra!lcedpne or nonaegreaefed lesIIldea A Certification of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceeding $10.000 which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e.. quarterly, semiannually, or annu. ally). NOTE: The penalty for making false statements In offers s pre- scribed in 18 U.S.C. 1001. 5. OFFICIALS NOT TO BENEFIT No member of or delegate to Congress, or resident commis. sioner, shall be admitted to any share or part of this contract, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this contract if made wkh a corporation for its general benefit G. COVENANT AGAINST CONTINGENT FEES The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure thiscontract upon an agreement or understanding for a commission, percentage. broker- age. or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Con- tractor forthe purpose of securing business. For breach or violation Of this warranty the Government shall have the right to annul this contract without liability or In its discretion to deduct from the con- tract Price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, orcontingent fee. 7. CONVICT LABOR In connection with the performance of work under this contract, the Contractor agrees not to employ any person undergoing Sen. fence of imprisonment except as pprovided by Public Law 89 -176. September 10, 1965 (18 U.S.C. 4082(c)(2)) and Executive Order 11755. December 29,1973. & CONTRACT WORK HOURS 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), s subject to the following provisions and to all other applicable pro- visions and exceptions of such Act and the regulations of the Secre- tary of Labor hereunder. (H) Gver@neroguiremenl8 No Contractor or subcontractor Con- tracting for any part of the contract work which may require or in- volve the employment of laborers, mechanics. apprentices, trainees. watchmen, and guards shall require or permit any laborer, me- chanic, apprentice, trainee, watchman. or guard in any workweek In witch he s employed on such work to work in excess of eight hour; in any calendar day or In excess of forty hours in such workweek on work subject to the provisions of the Contract Work Hours and Safety Standards Act unless such laborer, mechanic, apprentice, trainee• watchman. or guard receives compensation at a rate not less than one and one -half times his basic rate of pay for all such hours worked in excess of eight hours in any calendar day or in ex- cess of forty hours in such workweek, whichever is the greater num- ber of overtime hours. (b) v>;vemary for unpaid wagez agiddareddemeaec Intheevent Of any violation of the provisions of pare6raph (a), the Contractor and any subcontractor responsible there for shall be liable to any affected employee for his unpaid wages. In addition. such Contrac. tor and subcontractor shall be liable to the United States for liqui- dated damages. Such liquidated damages shall be computed with respect to each watchman, or guard emuployed laborer. n violation io of the prov provisions of para- graph (a) in the sum of $10 for each calendar day on which such employee was required or permitted to be employed on such work in excess of eight hours or In excess of his standard workweek of forty hours without payment of the overtime wages required by Paragraph (a). as ingcOfficejay withhold from t e Goover�� Pr me Contractor. from any moneys payable on amount of work performed by the Contractor or subcontractor. such sums as may administratively be determined to be necessary to satisfy any liabilities of such Con. tractor or subcontractor for unpaid wages and liquidated damages as provided in the provisions of paragraph (b). through (dud) ofathhis lauuse rot all sncutbcontrsracts e insert d shaallrrequire thee, 1 irclusxm in all subcontracts of any tier. (e) Records The Contractor shall maintain payroll records con- seining the information specified In 29 CFR 516.2(a). S-0rds shall be preserved for three year: 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 s not disposed of by agreement shall be decided by the Contracting Officer, who shall reduce his decision to writing and mail or other- wise furnish a copy thereof to the Contractor. The decision of the Contracting Officer shall be final and conclusive unless within 30 days from the date of receipt of such coppyy� the Contractor malls or otherwise furnishes to the Contracting the a written appeal ad dressed to the Secretarryy. 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 com. patent or so grossly erroneous as aslnecessarily tor Implyr bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the Contractor shall be af- forded an opportunity to be heard 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 does not preclude consideration of law questions in connection with decisions provided for in pare• graph (a) above: Provided, That nothing in this contract shall be con- strued as making final the decision of any administrative official. representative, or board on a question of law. are s subject provisions he jurisdiction ction of ahFederal. State.00riof other ppro- Pr�ate regulatory body. The provisions of (a) above shall also be sub act to the requirements of the low with respect to the rendering of utility services and theeolleetion of regulated rates. 10. ORDER OF PRECEDENCE , 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 Contractor's rules and regulations, the provisions of thscbntract shall control. 11. DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (This clause s applicable pursuant to 41 CFR 60-250 If this con- tracts for $10,000 or more.) (a) The contractor will no discriminate against any employee or applicant for employment because he or she s a disabled veteran or veteran of the Vietnam era in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employ. ment, and otherwise treat qualified disabled veterans and veterans of the Vietnam era without discrimination based upon their dis. ability or veterans status In all employment practices such as the following employment upgrading. demotion or transfer, recruit. ment. advertising, layoff or termination, rates of pay or other forms of compensation- and selection for training including apprentice. ship. (b) The contractor agrees that all suitable employment openings of the contractor which exist at the time of the execution of this con- tract and those which occur during the performance of this corn tract, including those not generated by this contract and Including hose occurring at an establishment of the contractor other than the one wherein the contract s being performed but excluding those of independently operated corporate affiliates, shall be listed at an appropriate local office of the State employment service system wherein the opening occurs. The contractor further agrees to pro- tilde such reports to such local office regarding employment open. ings and hiresasmayberequired. gg State and of $ 0,000 or more shalln soul list agencies I hir suitaible openings with the appropriate office of the State employment service, but are not re- quired to provide those reports set forth In paragraphs (d) and (e). (c) Listing of employment openings with the employment serv- ice system pursuant to this clause shall be made at least concur. rently with he use of any other recruitment source or effort and shall involve the normal obligations which attach to the placing of a bonafide job order, including the acceptance of referrals of veterans and nonveterans. The listing of employment openings does not re- quire the hiring of any particular job applicant or from any particu- lar group of job applicants, and nothing herein is intended to relieve the contractor from any requirements in Executive orders or regu. lations regarding nondiscrimination in employment. (d) The reports required by paragraph (b) of this clause shall in- clude, but not be limited to, periodic reports which shall be filed at east quarterly with the appropriate local office or, where the con. tfactor has more than one hiring location in a State, with the central office of that State employment service. Such reports shall indicate FAA P -8 February 1977 0- for ¢stir hiring location (1) the number of hadHiduals hired during Ethe reporting period, (2) the number of nondisabled veterans of the Ketnam ere hired. (3) the number of disabled veterans of the Met - .ere hired, and (4) the total number of disabled veterans hired. The reports should Include covered veterans hired for on- the -job training under 38 U.S.C. 1767. The contractor shall submit a report within 30 days after the end of each reporting period wherein any performare Fs made on this contract identifying date for each hir- ing location. The contractor shall maintain at each hiring location copies of the reports submitted until the expiration of one year after final payment under the contract, during which time these reports and related documentation shall be made available. upon request for examination by any authorized representatives of the contract- ing officer or of the Secretary of Labor. Documentation would In- elrrsonnel records respecting job openinge, recruitment. and placeme (e) Whenever the contractor becomes contractually bound to the ((sting provisions of this clause, t shall advise the employment serv- ice system In each State where it has establishments of the name and location of each hiring location in the State. As long as thecon- tractor Is CO bactua8y bound to these provisions and has so ad- vised the State system, there is no need to advise the State system Of subsequent contracts. The contractor may advise the State sya- tam when R is no longer bound by thiscontrac(clause. (f) This clause does not apply to the listing of employment opera hags which occur and are filled outside the 50 States, the District of Columbia, Puerto Rico, Guam, and the Virgin Islands. (8) The Provisions of paragraphs (b), (c), (d), and (e) of this clause do not apply to openings which thecontractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer -union hiring arrangement. This exclusion does not apply to a particular opening once an employer decides to �nnastder applicants outside o1 his own organization or employer. • t +r tic —we employment open- In Includes. Incude& but Is not limited to, openings which occur In the (lowing lob categories: production and non - production; plant and office; laborers and mechanics- supervisory and nonsuparvisory; technical; and exautive, administrative, alyd professional opening all are compensated on a salary basis of less than $25.000 per year. Tltis term Includes lull -time employment , temmppoorary employment of more than three days' duration, and part-time employment It does not Include openings which the contractor proposes to fill from w(tldn his own Organization or to Till pursuant to a customary and traditional employer-union hiring arrangement nor openings In an educational institution which are restricted to at of that insti- tution. Under the most compelling circumstances an employment Opening may not be suitable for listing including such situations where the needs of the Government cannot reasonably be otherwise supplied, where fisting would be contrary to national security, or where the requirement of listing would otherwise not be for the best Interest of the Government. (2) - Appropriate office of the State employment service sys- tem means the local office of the FederaltState national system of wr wpvnmgs worn lire contractor proposes to till from with. In his own organisation" means employment openings for which nq consideration will be given to pemoris outside the contractor's or. ganization (including arty affiliates. subsidiaries, and the parent companies) and includes any openings which the contractor pro, Poses t fill nm regularly established recall- JIM. rigs which the contractor proposes to fill pursuant to a customary and traditional employer -union hiring arrange. menr means employment openings which the contractor proposes to fill from union halls, which is part of the customary and tradi- tional hiring relationship which exists between the contractor and representatives of his employees, y anal ro ¢rant others oagrees orettaary oft L bor �ueeddlpurregulations, t Act N In the event of the contractors noncomppliance with the re- quirements of lids clause, actions for noncompllance may be taken In accordance with the rules, regulations, and relevant orders of the taai acre contractor agrees to post inconspicuous places available to employees and applicants for employment notices in a form to be prescribed by the Director, provided by or through the contt- ing officer. Such notice shall state thecontractor s obligation undracer the law totake affirmative action to employ and advance in employ- ment qualified disabled veterans and veterans of the Vietnam era for employment, and the rights of applicants and employees. ofOw)corkers with which it notify a Collective bargaining a r agreement or other contract understanding, that the contraor is ound by terms of the Vietnam Em Veterans Readjustment Assistance Act, and Is committed to take affirmative action to employ and advance In em- ployment qualified disabled veterans and veterans of the Vietnam era 40 (m) The Contractor will include the provisions of this clause in every subcontract or purchase order 61 $10.000 or more unless ex. empted by rules, regulations, or orders of the Secretary issued pur. suant to the Act so that such 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 Director of the Office of Federal Contract Compliance Programs may direct to en- force such provisions, including action for noncompliance. 12. PAYMENT OF INTEREST ON CONTRACTORS' CLAIMS (a) If an appeal is filed by the contractor from a final decision of the contracting officer under the disputes clause of this contract, denying a claim arising under the contract, simple interest on the amount of the Balm tmally determined owed by the Government shall be payable to the contractor. Such interest shall be at the rate determined by the Secretary of the Treasury pursuant to Public Law 92 -41. 85 Stat. 97, from the data the contractor furnishes to the Contracting officer his written appeal under the disputes clause of this contract, to the date of (1) a final judgment by a court of com- petent jurisdiction, or (2) mailing to the contractor of a supple- mental agreement for execution either confirming completed negotiations between the parties or carrying out a decision of a board of contract appeals. (b) Nothwithstanding (a). above. (1) interest shall be applied only from the date payment was due, if such date is later than the filing of appeal, and (2) interest shall not be paid for any period of time that the contracting officer determines the contractor has unduly delayed in pursuing his remedies before a board of contract appeals or a court of competent jurisdiction. 13. UTILIZATION OF MINORITY BUSINESS ENTERPRISES (a) It is the polity of the Government that minority business en- terprises shall have the maximum practicable opportunity to par- ticipate in the performance of Government contracts. (b) The Contractor agrees to use his best efforts to carry out this policy in the award of his subcontracts to the fullest extent consist- ent with the efficient performance of this contract. As used in this contract, the term `minority business enterprise" means a busi- ness. at least 50 percent of which is owned by minority Inoue members or, in case of publicly owned businesses. at least 5per- cent of the stock of which is owned by minority group members. For the purposes of this definition, minority group members are Negroes. Spanish-speaking American persons. American - Orientals. American- Indians. American Eskimos, and American Aleuts. Con- tractors may rely on written representations by subcontractors regarding their status as minority business enterprises in lieu of an independent investigation. 14. UTILIZATION OF SMALL BUSINESS CONCERNS (a) It is the polity of the Government as declared by the Congress that a fair proportion of the purchases and contracts for supplies and services for the Government be placed with small business concerns. (b) The Contractor agrees to accomplish the maximum amount of subcontracting to small business concerns that the Contractor fimisto beconsistent with the efficient performance of this contract. 15. UTILIZATION OF LABOR SURPLUS AREA CONCERNS (The following clause is applicable if this contract exceeds 4101000. (a) 11 is the policy of the Government to award contracts to labor surplus area concerns that (1) have been certified by the Secretary of Labor (hereafter referred to as certified-eligible concerns with first or second preferences) regarding the employment of a propor- tionate number of disadvantaged Individuals and have agreed to perform substantially (i) in or near sections of concentrated unem- ployment or underemployment or in persistent or substantial labor surplus areas or (ii) in other areas of the United States. respectively or (2) are noncertified concerns which have agreed to perform sub stantially in persistent or substantial labor surplus areas, where this can be done consistent with the efficient performance of the con- tract and at prices no higher than are obtainable elsewhere. The Contractor agrees to use his best efforts to place his subcontracts in accordance with this policy. (b) In complying with paragraph (a) 01 this clause and with pare - graph (b) of the clause o this contract entitled "Utilization of Small Business Concerns" the Contractor in placing his subcontracts shall observe the following order of preference: (1) Certified- eligible con- cerns with a first preference which are also small businessconcems; (2) other certified- eligible concerns with a first preference: (3) cer- tified- eligible concerns with a second preference which are also small business concerns: (4) other certified-eligible concems with a second preference: (5) persistent or substantial labor surplus area concerns which are also small business concerns; (6) other persist- FAA P -8 February 1977 #ent or substantial labor surplus area concerns: and (7) small busi- nessc orcernswhich arenot laborsurplus area concerns. ' 16. EMPLOYMENT OF THE HANDICAPPED (a) The contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat quali- fled handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination. rates o1 pay or other forms of compensation, and selection for training, including ap• prentceship. (b) The contractor agrees to comply with the rules, regulations. and relevant orders of the Secretary of Labor issued pursuant to the Rehabilitation Act of 1973, as amended. 4 c, In the event of the contractor's noncompliance with the re- quirements of this clause, actions for noncompliance may be taken In accordance with the rules, regulations and relevant orders of the Secretary of Labor issued pursuant to the Act. (d) The contractor agrees to post In conspicuous places, avail- able to employees and applicants for employment notices in a form to be prescribed by the Director. Office of Federal Contract Compli- ance Programs. Department of Labor, provided by or through the contracting officer. Such notices shall state the contractor's obliga- tion under the law to take affirmative action to employ and advance In employment qualified handicapped employees and applicants for employment, andthe rights of applicants and employees. (e) The contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms Of section 503 01 the Act and is committed to take affirmative action to employ and advance in employment physically and men- tell yy handicapped indivduals. (t) The contractor will Include the provisions of this clause in every subcontract or purchase order of $2.500 or more unless ex- empted by rules, regulations. or orders of the Secretary of Labor is. sued pursuant to section 503 of the Act. so that such 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 Director. Office of Federal Contract Compliance Programs, maydidirect to enforce such provisions. Including action for noncom- 17. CLEAN AIR AND WATER (Applicable only if the contract exceeds $100.000, or the contr". ing officer has determined that orders under an Indefinite quantity contract in any one year will exceed $100.000. or a facility to be used has been the sublJ'ect of a conviction under the Clean Air Act (42 U.S. 1857c- g(c)1)) or the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) and is listed by the EPA, or the contract Is not otherwise ezernpt) (a) The Centractoragreesasfollows: (1) To comply with all the requirements. qt section 1 Clean Air Act, as emended (42 U.S.C. 1857, at seq., as amen by Public Law 91 -604) and section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq., as amended by Public Law 92- 500), respectively, relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified In section 114 and section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines Issued thereunder before the award of this contract. (2) That no portion of the work required by this prime contract will be performed In a facility listed on the Environmental Protection Agency List of Violating Facilities on the date when thiscontract was awarded unless and until the EPA eliminates the name of such facil- ity or facilities from such listing. (3) To use his best efforts to comply with clean air standards and clean water standards at the facility in which the contract Is (4) To insert the substance of the provisions of this clause into any nonexempt subcontract, including this paragraph (a)(4). @) The terms used in this clause have the following meanings: (1) The term "Air Act" means the Clean Air Act, as amended (42 U.S.C. 1857 at seq.. as amended by Public Lew 91 -604). (2) The term 'Water Act' means Federal Water Pollution Con- trol Act, as amended (33 U.S.C. 1251 at seq., as amended by Public Law92 -500). (3) The term "clean air standards" means any enforceable rules. regulations, guidelines, standards, limitations. orders, con- trols, prohibitions, or other requirements which are contained in, Issued under, or otherwise adopted pursuant to the Air Act or Execu- tive Order 11738, an applicable implementation plan as described in section 110(d) 01 the Clean Air Act (42 U.S.C. 1857c 75(d) ), an approved Implementation procedure or plan under section 211(c) or section 111(d), respectively, of the Air Act (42 U.S.C. 1857c -6(c) or or an approved implementation procedure under section (4) The term "clean water standards" means any enforceable limitation: control, condition, prohibition, standard. or other re- quirement which Is promulgated pursuant to the Water Act croon. tained M a permit issued to a discharger by the Environmental Protection Agency or by a State under an approved program, as authorized by section 402 of the Water Act (33 U.S.C. 1342), or by local govemment to ensure compliance with pretreatment regula- tions as required by section 307 of the Water Act (33 U.S.C. 1317). (5) The term "compliance" means compliance with dean air or water standards. Compliance shall also mean compliance with a schedule or plan ordered or approved by a court of competent juris- diction, the Environmental Protection Agency or an air or water pollution control agency in accordance with the requirements of the Air Act or Water Act and regulations Issued pursuant thereto. (6) The term 'facility" means any building, plant, installation, structure. mine, vessel or other floating craft. location, or site of operations, owned, leased, or supervised by a contractor or subcon- tractor, to be utilized in the performance of a contract or subcon- tract. Where a location or site of operations contains or Includes more then one building, plant, installation, or structure, the entire location or site shall be deemed to be a facility except where the Director. Office of Federal Activities, Environmental Protection Agency, determines that Independent facilities are collocated in one geographical area. FAA P -8 February 1977 FEDERAL AVIATION AGENCY SOUTHWEST REGION P. 0. BOX 1689 FORT WORM TEUS 76101 CANCELLATION AGREEMENT Site NO. It is hereby agreed that dated August –28-1975 - -_ -_ - --- ---- - ---------------- I bearing contract symbol No, entered Into between ---Mkq..C#y Corpus Christi ------- - - - - - ---- and the United States of America for: furnishing 2400 volts, 45 K4A2 3 phase, delta electric service to the FAA ATCT, ILS No. 1, Middle Marker, MASR No. 2 and TRACON, Corpus Christi, Texas ................ shall terminate, effective as of CITY OF CORPUS CHRISTI ATTEST. City Secretary APPROVED: Assistant City Attorney By: . R --- MWFVTff-rdW;&Wd-----' — -- ------ - Title:-City Manaapr. UNITED STATES OF AMERICA, 'y Contracting Officer, ASW-56C FORM FAA -iff a-* TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas Corpus Christi exas day of 19—?1— For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension 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 ordinance 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 Eduardo de Ases David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample _ The above ordinance was passed by ttollowing : Jason Luby Eduardo de Ases David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample 14112