HomeMy WebLinkAbout15118 ORD - 09/19/1979r1:8/14/79:1st
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE LEASE NO.
DOT-FA79SW-1076 WITH THE UNITED STATES GOVERNMENT,
DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION AD-
MINISTRATION FOR THE USE OF 325 SQUARE FEET OF SPACE
ON THE THIRD FLOOR OF THE TOWER BUILDING AT THE
CORPUS CHRISTI INTERNATIONAL AIRPORT FOR A TERM
BEGINNING JULY 1, 1979; ALL AS MORE FULLY SET FORTH
IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH
IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED
EXHIBIT A.
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 lease No. DOT-FA79SW-1076 with the United States Government, Department
of Transportation, Federal Aviation Administration for the use of 325 -square
feet of space on the third floor of the tower building at the Corpus Christi
International Airport for a term beginning July 1, 1979; all as more fully
set forth in the lease agreement, a substantial copy of which is attached
hereto and made a part hereof, marked Exhibit A.
1511
STANDARD FJRM 2
FEBRUARY 1955 EDITION
GENERAL SERVICES
ADMINISTRATION
FPR (41 CFR) I-16601
DATE OF LEAS
U.S. GOVERNMENT
LEASE FOR REAL PROPERTY
LEASE NO.
DOT-FA79SW-1076
THIS LEASE, made date by and between
CITY OF rCORPUS ed into 1SCHRISTI, TEXAS
Corpus Christi International Airport
whose address is Route 2, Box 902
Corpus Christi, Texas 78410
and whose interest in the property hereinafter described is that of owner
hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government:
WITNESSETH: The parties hereto for the considerations hereinafter mentioned, covenant and agree as follows:
1. The Lessor hereby leases to the
Governmentlpremises:
One room containing approximately squarefeet of floor space
and located on the
third floor of the Control Tower structure,
Corpus Christi International Airport, Corpus Christi, Nueces
County, Texas
Quarters for Federal Aviation Administration Airway Facilities
to be used for Sector, Corpus Christi, Texas.
2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on
July 1, 1979 throDgh
September 30, 1979 subject to termination
and renewal rights as may be hereinafter set forth.
3. The Government shall Pay the Lessor annual rent of S
1,251.25
312.81 per quarter year
a
Rent for a lesser
rate 5
period shall be prorated. Rent checks shall be made payable to:
wholly or in part
4. The Government may terminate this lease/at any time by giving at least till rty---(3Q)---- days' notice in writing
to the.Lessor and no rental shall accrue after the effective date of termination. Satd notice shall be computed commenc-
ing with the day after the date of mailing.
Lessor
in arrears.
5
to the Lessor at least days before the end of the original lease terns
provided notice be given in grenewal term.
all other terms and conditions of this lease shall remain the same during any r
or any rcnev.
2-106
6. The Lessor shall furnish to the Government, as part of the rental consideration, the following:
it
..todial and utility services as more particularly set forth in
Articles 14 and 15.
7. The following are attached and made a part hereof:
1 . The General Provisions and Instructions (Standard Form 2-A, May.4-70.... edition).
2. Special Lease Provisions (Articles 9 thru 15)
S. The following changes were made in this lease prior to its execution:
Article 5 on Standard Form 2 and Article 11 on Standard Form 2-A were
deleted in their entirety. The following words "wholly or in part"
were added to Article 4.
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above
written.
LESSOR
BY
CITY OF CORPUS CHRISTI, TEXAS
IN PRESENCE OF:
(Signature)
(Addre, )
UNITED STATES OF AMERICA
n.r
aY- it on --------
ATTEST:
J. V T
ATTEST:
--Con-tr-ac.t+ng-Off igEt na ,
(Signature)
APPROVED: DAY OF AUGUST, 1979:
J. BRUCE AYCOCK, CITY ATTORNEY
City Secretary
By
Assistant City Attorney
Lease No.: DOT-FA79SW-1076
AFS, Corpus Christi Int'l Airport
Corpus Christi, Texas
SPECIAL LEASE PROVISIONS
9. RENEWAL OPTION:
This lease may, at the option of the Government, be renewed from year to
year at an annual rental of One Thousand Two Hundred Fifty One and 25/100
Dollars ($1,251.25) and otherwise upon the terms and conditions herein spec-
ified. The Government's option shall be deemed exercised and the lease re-
newed each year for one year unless the Government gives 30 days' notice
that it will not exercise its option before this lease or any renewal thereof
expires; PROVIDED, That no renewal thereof shall extend the period of occupancy
of the premises beyond the 30th day of September, 1984; AND PROVIDED FURTHER,
that adequate appropriations are available from year to year for the payment
of rentals. The initial term of this lease shall be as stated in Article 2;
subsequent terms, if the renewal rights of this said article are exercised,
are: July 1, 1979 through September 30, 1979; October 1, 1979 through September
30, 1980; and thereafter from October 1 through September 30 of succeeding
fiscal years.
10. PARKING:
The lessor shall provide, without cost, parking on the northwest side of
the ATCT Building a total of 105 parking spaces for Government vehicles and
private vehicles of employees for use by GADO, AFS, and ATCT. These spaces
shall be identified in some manner as having been set aside for the Federal
Aviation Administration.
11. INTERIOR PAINTING LEASED PREMISES:
The lessor shall accomplish interior repainting of the leased premises
once every five years during the Government's occupancy of the leased pre-
mises under this lease or any renewal thereof. All painting shall be ac-
complished by the lessor using a washable paint of the lessor's choice.
12. INTERFERENCE WITH THE GOVERNMENT'S OPERATIONS:
The lessor agrees that in the event any of the lessor's operations or
facilities located on the demised premises causes interference with the
Government's operations conducted on the leased premises, the lessor shall,
upon being notified by the Contracting Officer, make every reasonable effort
to eliminate the cause of such interference.
Page 3 of 6
Lease No.: DOT-FA79SW1076
AFS, Corpus Christi Int'l Airport
Corpus Christi, Texas
13. NON -RESTORATION:
It is hereby agreed between the parties that, upon termination of its
occupancy, the Government shall have no obligation to restore and/or rehabili-
tate, either wholly or partially, the property which is the subject matter of
this lease. It is further agreed that the Government may abandon in place any
or all of the structures and equipment installed in or located upon said
property by the Government during its tenure. Notice of abandonment will be
.conveyed to the lessor in writing.
14. UTILITY, HEATING, COOLING SYSTEMS, AND RESTROOM FACILITIES:
The lessor shall furnish as part of the rental consideration the services,
supplies and utilities for the demised premises to include restrooms as stated
hereinafter through the lessor's owned and maintained facilities.
a. Water: The lessor shall furnish all equipment for a system to supply
adequate potable water dispensed through the lessor's owned and maintained
electrically operated drinking fountain, established within the demised
premises leased by the Government. Potable hot and cold water shall be
furnished for use by the Government in the lessor's owned and maintained male
and female toilet facilities located within the said premises.
b. Sewage: The lessor shall furnish all equipment for a system adequate
to provide waste disposal for the lessor's owned and maintained toilet facilities
furnished the Government within the leased premises.
c. Air Conditioning: The lessor shall furnish all equipment and air con-
ditioning facilities and the maintenance thereof, which shall provide adequate
air conditioning suitable for the climatic conditions prevailing at the Corpus
Christi International Airport, and maintain a mean interior temperature range
of 72 to 76 degrees, subject to any restrictions imposed by Governmental
authorities.
d. Heating: The lessor shall furnish an adequate heating system of a
capacity to maintain a heating range level within the leased premises of 72 to
76 degrees at all times, through the lessor's owned and maintained heating
facility, subject to any restrictions imposed by Governmental authorities.
e. Electricity: The lessor shall furnish current for lights,•air con-
ditioning, communications, and office machines. Replacement of fluorescent tubes,
ballasts, and starters as required. It will be the lessor's responsibility to
dispose of used or replaced fluorescent tubes in a safe manner.
f. Waste and Refuse Pickup: The lessor shall remove and dispose of all
paper and trash collected from the leased premises.
Page 4 of 6
Lease No.: DOT-FA79SW-1076
AFS, Corpus Christi Int'1 Airport
Corpus Christi, Texas
•15. CUSTODIAL SERVICES SPECIFICATIONS:
The lessor shall furnish all labor, equipment, and supplies to provide
and accomplish janitorial services for the leased premises as follows:
I. JANITORIAL SERVICE AREA: SERVICE SCHEDULE:
All areas leased. Daily 5 days a week.
II, SERVICE SPECIFICATIONS:
(a) Daily:
(1) Sweep and wet mop all floors not carpeted and as required
buff waxed floor areas.
Empty ash. trays and waste paper baskets.
Dust all office furniture, files, and machines.
Clean restrooms, male and female, to include mirrors,
washbasins, urinals, and commodes with a combination of
cleansers, disinfectant, and odor preventatives.
Clean and polish both sides of all door glass panes as
necessary, where such doors are installed.
(6) Clean and disinfect bowl of drinking fountain.
(7)
Vacuum carpeted areas and spot clean as required.
(b) Two -Week Intervals:
(1) Inspect all interior lighting fixtures, lamps, fluorescent
tubes and starters. Replace when required.
(2) Dust all blinds, decorative or window -covering, as
applicable, and blind heads.
(3)
Wax and buff all floor space with a good grade of non-skid wax.
(4) Wash and wipe dry all wastebaskets.
(c) Six -Week Intervals: (All areas.)
(1) Strip all old wax from waxed floors and rewax with a good
grade of non-skid wax, and machine buff to a good finish.
(d) Six -Month Intervals: (All areas.)
(1) Wash and wipe dry all exterior building windows.
Page 5 of 6
GENERAL PROVISIONS, CERTIFICATION AND INSTRUCTIONS
U.S. Government .Lease for Real Property
GENERAL PROVISIONS
contract, or to any benefit that may arise therefrom; but
this provision shall not be construed to extend to this ease
contract if made with a corporation for its general benefit.
8. ASSIGNMENT OF CLAIMS.
Pursuant to the provisions of the Assignment of Claims
Act of 1940, as amended (31 U.S.C. 203, 41 U.S.C. 15), if
this lease provides for payments aggregating $1,000 or
more, claims for monies due or to become•due the Lessor
from the Government under this contract may be assigned
to a bank, trust company, or other financing institution,
including any Federal lending agency, and may thereafter
be further assigned or reassigned to any such institution. Any
such assignment or reassignment shall cover all amounts pay-
able under this contract and not already paid, and shall not
be made to more than one party, except that any such assign-
ment or reassignment may be made to one party as agent
or trustee for two or more parties participating in such fi-
nancing. Notwithstanding any provisions of this contract,
payments to an assignee of any monies due or to become
due under this contract shall not, to the extent provided in
said Act, as amended,.be subject to reduction or set-off.
9. EQUAL OPPORTUNITY CLAUSE.
(The following clause is applicable unless this contract is
exempt under the rules, regulations, and relevant orders of
the Secretary of Labor (41 CFR, ch. 60).)
During the performance of this contract, the Contractor
agrees as follows:
(a) The Contractor will not discriminate against any em-
ployee or applicant for employment because of race, color,
religion, sex, or national origin. The Contractor will take
affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without
regard to their race, color, religion, sex, or national origin.
Such action shall include, but not be limited to, the following:
Employment, upgrading, demotion, or transfer; recruitment
or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection or train -
1. SUBLETTING THE PREMISES.
The Government may sublet any part of the premises but
shall not be relieved from any obligations under this lease
by reason of any such subletting.
2. MAINTENANCE OF PREMISES.
The Lessor shall maintain the demised premises, including
the building and any and all equipment, fixtures, and ap-
purtenances, furnished by the Lessor under this lease in
good repair and tenantable condition, except in case of
damage arising from the act or the negligence of the Gov-
ernment's agents or employees. For the purpose of so main-
taining said premises and property, the Lessor may at
reasonable times, and with the approval of the authorized
Government representative in charge, enter and inspect the
same and make any necessary repairs thereto.
3. DAMAGE BY FIRE OR OTHER CASUALTY.
If the said premises be destroyed by fire or other casualty
this lease shall immediately terminate. In case of partial
destruction or damage, so as to render the premises unten-
antable, as determined by the Government, the Government
may terminate the lease by giving written notice to the
Lessor within fifteen (15) days thereafter; if so terminated
no rent shall accrue to the Lessor after such partial de-
struction or damage; and if not so terminated the rent shall
be reduced proportionately by supplemental agreement hereto
effective from the date of such partial destruction or damage.
4. ALTERATIONS.
The Government shall have the right during the existence
of this lease to make alterations, attach fixtures and erect
additions, structures or signs in or upon the premises hereby
leased, which fixtures, additions or structures so placed in,
upon or attached to the said premises shall be and remain
the property of the Government and may be removed or
otherwise disposed of by the Government.
5. CONDITION REPORT.
A joint physical survey and inspection report of the de- ing, including apprenticeship. The Contractor agrees to pos
mised premises shall be made as of the effective date of this in conspicuous places, available to employees and applicants
lease, reflecting the then present condition, and will be signed -- for employment, notices to be provided by the Contracting
on behalf of the parties hereto. Officer setting forth the provisions of this Equal Opportunity
clause.
(b) The Contractor will, in all solicitations or advertise-
ments for employees placed by or on behalf of the Contractor,
state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, or
national origin.
(c) The Contractor will send to each labor union or repre-
sentative of workers with which he has a collective bargain-
ing agreement or other contract or understanding, a notice,
to be provided by the agency Contracting Officer, advising the
labor union or workers' representative of the Contractor's
commitments under this Equal Opportunity clause, and shall
post copies of the notice in conspicuous places available to
employees and applicants for employment.
(d) The Contractor will comply with all provisions of Ex-
ecutive Order No. 11246 of September 24, 1965, and of the
rules, regulations, and relevant orders of the Secretary of
Labor.
(e) The Contractor will furnish all information and re-
ports required by Executive Order No. 11246 of September
24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit
access to his books, records, and accounts by the contracting
6. COVENANT AGAINST CONTINGENT FEES.
The Lessor warrants that no person or selling agency has
been employed or retained to solicit or secure this lease upon
an agreement or understanding for a commission, percent-
age, brokerage, or contingent fee, excepting bona fide em-
ployees or bona fide established commercial or selling agencies
maintained by the Lessor for the purpose of securing busi-
ness. For breach or violation of this warranty the Govern-
ment shall have the right to annul this lease without liability
or in its discretion to deduct from the rental price or con-
sideration, or otherwise recover, the full amount of such
commission, percentage, brokerage, or contingent fee. (Li-
censed real estate agents or brokers having listings on prop-
erty for rent, in accordance with general business practice,
and who have not obtained such licenses for the sole purpose
of effecting this lease; may be considered as bona fide em-
ployees or agencies within the exception contained in this
clause.)
7. OFFICIALS NOT TO BENEFIT.
No Member of or Delegate to Congress, or Resident Com-
missioner shall be admitted to any share or part of this lease
1
Standard Form 2-A
General Services AdmInialntion-"FPR (41 CFPo 1-16.601
May 1970 Edition
2-263
agency and the Secretary of Labor for purposes of investiga-
tion 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 declared ineligible for further
Government contracts in accordance with procedures author-
ized in Executive Order No. 11246 of September 24, 1965,
and such other sanctions may be imposed and remedies in-
voked as provided in Executive Order No. 11246 of Septem-
ber 24, 1965, or by rule, regulation, or order of the Secretary
of Labor, or as otherwise provided by law.
(g) The Contractor will include the provisions of para-
graphs (a) through (g) in every subcontract or purchase
order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 204 of Execu-
tive Order No. 11246 of September 24, 1965, so that such pro-
visions will be binding upon each subcontractor or vendor.
The Contractor will take such action with respect to any sub-
contract or purchase order as the contracting agency may
direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, That in the
event the Contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of
such direction by the contracting agency, the Contractor may
request the United States to enter into such litigation to
protect the interests of the United States.
10. FACILITIES NONDISCRIMINATION.
(a) As used in this section, the term "facility" means
stores, shops, restaurants, cafeterias, restrooms, and any
other facility of a public nature in the building in which the
space covered by this lease is located.
(b) The Lessor agrees that he will not discriminate by
segregation or otherwise against any person or persons be-
cause of race, color, religion, sex, or national origin in
furnishing, or by refusing to furnish, to such person 00
persons the use of any facility, including any and all services,
privileges, accommodations, and activities provided thereby.
Nothing herein shall require the furnishing to the general
public of the use of any facility customarily furnished by the
Lessor solely to tenants, their employees, customers, patients,
clients, guests and invitees.
It is agreed the
noncompliance
provisions of thissectoshaconstitto a breach
of this lease. In the event of such noncompliance, the Gov-
ernment may take appropriate action to enforce compliance,
may terminate this lease, or may pursue such other remedies
as may be provided by law. In the event of termination, the
Lessor shall be liable for all excess costs of the Government
in acquiring substitute space, including but not limited to
the cost of moving to such space. Substitute space shall be
obtained in as close proximity to the Lessor's building as is
feasible and moving costs will be limited to the actual ex-
penses thereof as incurred.
(d) It is further
hereof the Lessor will, gatesu h timed date from and after the
as any agreement is to
be entered into or a concession is to be permitted to operate,
include or require the inclusion of the foregoing provisions
of this section in every such agreement or concession pur-
suant to which any person other than the Lessor operates or
has the right to operate any facility. Nothing herein con-
tained, however, shall be deemed to require the Lessor to
in..lude or require the inclusion of the foregoing provisions of
this section in any existing agreement or concession a
ment or one in which the contracting party other tha
Lessor has the unilateral right to renew or extend the a.
ment or arrangement, until the expiration of the exis
agreement or arrangement and the unilateral right to ren
or extend. The Lessor also agrees that it will take any an.
all lawful actions as expeditiously as possible, with respect to
any such agreement as the contracting agency may direct, as
a means of enforcing the intent of this section, including, but
not limited to, termination of the agreement or concession and
institution of court action.
11.
(NOTE.—This provision is applicable if this lease was • go-
tiated without advertising.)
(a) The Lessor agrees that the Comptroller •..eral of the
United States or any of his duly authorizes epresentatives
shall, until the expiration of 3 years er final payment
under this lease, have access to and • - right to examine any
directly pertinent books, docum- • papers, and records of
the Lessor involving transac • s related to this lease.
(b) The Lessor furthe : grees to include in all his subcon-
tracts hereunder a pry ion to the effect that the subcontrac-
tor agrees that th - " omptroller General of the United States
or his represetives shall, until the expiration of 3 years
after final ayment under this lease with the Government,
have a • - s to and the right to examine any directly pertinent
boo - ,documents, papers, and records of such subcontractor
12. APPLICABLE CODES AND ORDINANCES
The Lessor, as part of the rental consideration, agrees to
.tomply with all codes and ordinances applicable to the own-
ership and operation of the building in which the leased space
is situated and, at his own expense, to obtain all necessary
permits and related items.
13. INSPECTION.
At all times after receipt of Bids, prior to or after accept-
ance of any Bid or during any construction, remodeling or
renovation work, the premises and the building or any parts
thereof, upon reasonable and proper notice, shall be accessi-
ble for inspection by the Contracting Officer, or by architects,
engineers, or other technicians representing him, to deter-
mine whether the essential requirements of the solicitation or
the lease requirements are met.
14. ECONOMY AcT LIMITATION.
If the rental specified in this lease exceeds $2,000 per
annutn, the limitation of Section 322 of the Economy Act of
1932, as amended (40 U.S.C. 278a), shall apply.
15. FAILURE IN PERFORMANCE.
In the event of failure by the Lessor to provide any service,
utility, maintenance or repairs required under this lease, the
Government shall have the right to secure said services,
utilities, maintenance or repairs and to deduct the cost
thereof from rental payments.
16. LESSOR'S SUCCESSORS.
The terms and provisions of this lease and the conditions
herein shall bind the Lessor, and the Lessor's heirs, executors,
administrators, successors, and assigns.
CERTIFICATION
1. CERTIFICATION OF NONSEGREGATED FACILITIES.
(Applicable to (1) contracts, (2) subcontracts, and (3)
agreements with applicants who are themselves performing
federally assisted construction contracts, exceeding $10,000
which are not exempt from the provisions of the Equal
Opportunity clause.)
2
By the submission of this bid, the bidder, offeror, applicant,
or subcontractor certifies that he does not maintain or pro-
vide for his employees any segregated facilities at any of his
establishments, and that he does not permit his employees to
perform their services at any location, under his control,
where segregated facilities are maintained. He certifies fur -
Standard Form 2-A
Mor 1970 Ed,tio,
Amendment to Standard Form 2-A,
• Page 3
2. CLEAN AIR AND WATER CERTIFICATION:
(Applicable only i1 the contract exceeds
9100,000, or the contracting °lacer bas deter-
mined that orders under an indefinite quan-
tity contract In any one year w1U exceed
{100,000, ore faculty to be used hen been
the subject of a conviction under the Clean
Air Act (42 U.S.C. 1957o-8(811111 or the Fed-
eral Water Pollution Control Act (33 02.0.
1319(0)) and 13 listed by EPA, or the con-
tract is not otherwise exempt.)
(a) The Contractor agrees as follows:
(I) To comply with all the require-
ments of section 114 of the Clean Air
Act as amended (42 U.B.C. 1857, et seq..
as amended by Pub. L. 91-604) and sec-
tion 308 of the Federal Water Pollution
Control .Act (33 V.S.C. 1251 et seq., as
amended by Pub. L. 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 re-
quired by this prime contract will he per-
formed 1n a facility listed on the Envi-
ronmental Protection Agency List of
Violating Facilities on the date when this
contract was awarded unless and until
the EPA eliminates the name of such
facility or faculties 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 being performed.
(4) To Insert the substance of the pro-
visions of this clause into any nonexempt
subcontract, including this paragraph
(a) (4).
(b) The terms used in this clause have
the following meanings:
(1) The term "AIr Act" means the
Clean Air Act, as amended (42 U.B.C.
1857 et seq., as amended by Pub. L. 91-
604).
(2) Tlie term "Water Act" means Fed-
eral Water Pollution Control Act, as
amended (33 U.B.C. 1261 et seq., a8
amended by Pub. L.92-500).
(3) The term "clean alr standards"
means any enforceable rules, regulations,
guidelines, standards, (imitations, orders,
controls, prohibitions, or other require-
ments which are contained In, issued
under, or otherwise adopted pursuant to
the Air Act or Executive Order 12738, an
applicable Implementation plan as de-
scrffied in section 110(d) of the Clean Air
Act (42 B.B.C. 18575(d)), an approved
Implementation procedure or plan under
section 111(c) or section 111(d), respec-
tively, of the Air Act (42 U.B.C. 1857o-8
(6) or (d) ), or an approved Implemen-
tation procedure under section 112(d)
of Um Air Act (42 U.B.C. 1857°-7(d) ). _.
(4) The term "t4eaa water standorda"
meal( any enforceable limitation, eon-
trol, condition, prohibition, standard, or
other requirement which Is promulgated
Pursuant to the Water Act or contained
In a permit issued to a discharger by the
Environmental Protection Agency or by a
State under an approved program, its
authorized by section 402 of the Water
Act (33 U.S.C. 1342), or by local govern-
ment to ensure compliance with pretreat-
ment regulations as required by section
307 of the Wafer Act (33 U.S.C. 1317).
(5) The term "compliance" means
compliance with clean alr or water
standards. Compliance shall also mean
compliance with a schedule or plan or-
dered or approved by a court of compe-
tent jurisdiction, 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 pur-
suant thereto.
(6) The term 'faculty" meant env
building, plant, Installation, strnrtule,
mine, vessel or other floating craft, lo-
cation, or slte of operations, owned,
leased. or supervised by a contractor or
subcontractor, to be utilized 1n the per-
formance of a contract or subcontract.
Where a location or site of operations
contains or Includes mole than one
building, plant, Installation, or structui e.
the entire location or site shall be deemed
to be a facility except where the Direc-
tor, Office of Federal Activities, Environ-
ment Protection Agency, determines that
Independent facilities are collocated in
one geographical area.
cachment to SF 2-A - General Provisions
17. LISTING OF EMPLOYMENT OPENINGS
('this clause Is applicable pursuant to 41 (0) Whenever the contractor becomes con -
CFR 50-350 if this contract 1s for 02,500 or !tactually bound by the listing provisions of
more.) lite clause, he shall advise the employment
(a) Tho contractor agrees, 1n order to pro- srr3lc0 system 10 each State wherein he
vide special emphasta to the employment of has establishments of the name and location
mollified disabled veteratu and veterans of
the Vietnam era, that all aultable employ-
moIt openings of the contractor which exist
at the time of the execution of this contract
and those which occur during the perform.
mice of this contract. Including those nut
generated by this contract and Including
those occurring at an establishment other
thsn the one wherein the contract is being
performed but excluding those of Independ-
ently operated corporate affiliates, shall be
offered for listing at an appropriate local
o'", r0 of the State employment service sista
wherein the opening occurs and to provld-
ouch reports to aucb local once regardlne
employment openings and biros as may b
required: Provided. That 1f this contract 1s
for leas than 910,000 or If 15 Is with a State
.a local government the reports set forth In
Imrographe (c) and (d) are not required.
(bl 1,111155 of employment openings with
the employment service system porallnnt
1n this disuse shall be made at least con-
currently with the use of any other recruit -
:nein senlce or effort and shall involve the
normal obligations which attach to the
placing cf a bona fide Job order, Including
t..- ',Mime of referrals of veterans and
n �.urars.
This listing of employment
' pennies
I nulnrjob PPdoes ua t licanor
tt re hfrom llany g fpar
Il-
o
Ilhoinr group of Job applicants, old nolh-
I•ug March Is intended to relieve the con-
tractor from any requirements in any
•wd^tes. Executive orders. or regulations re-
garding nondiscrimination 10 employment.
lel The reports required by paragraph (a)
••f this clause shall Include, but not he
limited to, periodic reports which shall be
turd at least quarterly with the appropriate
1, 001 office or, where the contractor hes more
than one establishment In a State. with the
--• • • of the State employment
•nice. Such reports shall Indicate for each
r.lahllshment (1) the number of Indlvldmals
San were hired during the reporting period.
101 the number of those hired who were dis-
abled veterans. and (Sit) the limber of
those hired who were nondisabled veterans
of the Vietnam era. The contractor shall sub.
tilt a report within 30 days after the end
of tech reporting period wherein any per-
formance 1s made under this contract. The
untractor shall maintain copies of the re-
ports submitted until the expiration of 1
ywfinal t under,1!50 made duringear afr
ch time heavall-
eble. upon request. for examination by any
authorized representatives of the contract -
Ing ofacer or of the Secretary of Labor.
of each such establishment In the State. As
long as the contractor 1s contractually bound
to these provisions and has so advised the
Mute employment system. there 1s no need
In advise the State system of subsequent
contracts. The contractor may advise the
Stale system when It is no longer bound by
this contract clause.
(e) This clause does not apply to the list-
ing of employment openings which occur
and are sled outside of the 50 States. the
111etrlet of Columbia, the Commonwealth
of Puerto Rico, Guam, and the• Virgin
1.1nnds.
If) This clause does not apply to open -
tugs which the contractor proposes to fill
from within his own organization or to fill
pursuant to a customary and traditional
employer-uniob hiring arrangement. Tile
000154lon does not apply to a particulat
opening once an employer decides to con-
sider applicants outside of his own organ'.
ration or employer -union arrangement for
that opening.
(3) As used In 0115 clause:
(1) "Ail minable employment openings"
In. hides. but is not limited to, openings
which occur In the following Job categories:
Production and nonproduction; plant and
a01ce; laborers and mechanics; supervisory
and nonsupervlsory; technical; and execu-
tive, administrative. and protessiOnai open -
Ings which are compensated on a salary
basin of less than 018,000 per year. The term
Includes full-time employment. temporary
employment of more than 3 days' duration,
and part-time employment. It does not In-
clude opentnga which the contractor pro -
(4) "Openings which the contractor pro -
nous • to 1111 pursuant to a customary
and traditional employer -union hiring nr-
rangrntent" means employment openings for
which 0o consideration will be given to per -
ms 05(55(0 of a special hiring arrange-
ent. including openings which the controe-
tor proposes to 011 from union halls. which
is part of the customary and traditional
hiring relationship which exists between
the contractor and representatives of his
employees.
15) "DI.abted veteran" means a person
entitled to disability compensation under
laws administered by the Veterans Admints-
t radon fora disability rated at 30 percentum
or more. or n person whose discharge or re-
lease from active duty was for a disability
Incurred or aggravated in line of duty.
(0) "Veteran of the Vietnam era" means a
person (A) who (1) served on active duty
with the Armed Forces for a period of more
than 180 days, any part of which occurred
after August 5, 1054. and was discharged or
released therefrom with other than a dis-
honorable discharge, or (11) was discharged
or released from active duty for service -con-
nected disability if any part or such duty
was performed after August 6, 1964. and (H)
who was so discharged or released within
the 48 months preceding his application for
employment covered by this clause.
(h) It any disabled veteran or veteran of
the Vietnam era believes that the contractor
(or any first-tier subcontractor) has failed
or refuses to comply with the provisions of
this contract clause relating to giving spe-
cial emphasis In employment to veterans.
such veteran may file a complaint with the
veterans' employment representative at a
local State employment service office who
w111 attempt to Informally resolve the Com-
plaint and then refer the complaint with a
report on the attempt to resolve the matter
to the State office of the Veterans' Employ-
ment Service of the Department of Labor.
Such complaint shall then be promptly re-
ferred through the Regional Manpower Ad-
ministrator to the Secretary of Labor who
shall invesUgnte etleh complaint and shall
take such action thereon as the facts and
elrculnstanees warrant consistent with the
terms of this contract and the laws and reg-
ulations applicable thereto.
(1) The 50000800r agrees to place this
clause (excluding this paragraph (1)) in any
subcontract directly under this contract.
poses to fill from within his own organize
lion or to fill pursuant to a customary and
traditional employer-uulon hiring arrange -
me rat.
(21 "Appropriate o01ce of the State e
playnlent service system" means the loran
ams,• of the Federal -State Rational system
pnblle employment offices with asedgne
re d
sponalblllty fur serving the arca of the
estnbllshmec where the employment open
lug Is 10 be filled, including the DIG let 0f
Columbbn. tlse Commonwealth of Puerto
lllco, Guam. and the Virgin Islands.
(31 "Openings which the contractor pro-
( o.es to 1111 from within his own organiza-
tion- means elnployment openings for which
111 n-.Iderotlon will ,,e given to persona
mislde the contractor's 01411 of ganivatlmt
Idllelloling any affiliates, subsidiaries. and
1 nrhut companies), and Includes any open-
ings with% the contractor proposes to fill
f inn regularly established "recall" or "re-
f ire" lists.
18 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL
(e) The contractor further agrees to In-
clude In all his nubcontracta hereunder a
provision to the effect that the eubooatr9C.
for agrees that the Oomptroller General of
the United Staten or any of hie duly author
laid repreaentttira snail, unto the explrer•
tion of 5 years after Doi payment under the
subcontract•0r find, lesser -Mai epea dad in
of his duly authorized representatives shell, either Appendix S! of -the' Armed Servlcee
until the expiration of S years after final Procurement Regulation or the Federal Pro -
payment under this contract or ouch lesser Ourement Regulations Part .1-20. as appro-
time specified 1n either Appendix M of the Pilate, have aortas'to and ;the right to
Armed Services Procurement Regulation or examine en7 directly pertlnentibooke, 000,1 -
the Federal Procurement Regulations Part manta. papers, and records of mush eubton-
1-20, as appropriate, have access to and the tractor, involving transactions related to the
right to examine any directly pertinent books. subcontract. me term "subcontract" at used
,documents, paper., and records of the con- In this playas excludes (1) purchase Orders
tractor Involving trana50t10ne related to thle Wt. ex?eeding 9,609 and (3). pubcontractore
Contract. -...•
fa) This clause is applicable if the amount)
of this contract exceeds 42,500 and wee en-
tered Into by means of negotiation. In010410g
small bustnes3 restricted advertising, but 12
not applicable It Ula contract mm entered
into by means of formal advertising.
(b) The Contractor agrees that the Comp-
troller General of the IInited States or any
or laurels.* Orders !or public httltty 'services
at rates established !cc unlrmm appllcebiuty
to the general public,.' r • 'AS•
(0) The periods of socess antijialDlnatioo
described 1n (b) and (c);above; fox leoord3
which relate to (1) appeals ,under the •'Db-
putea'rclausaof this contract, (2) litigation
or the settlement delta= arising out of lbs
da
and expenses of this contract ea to wrformance of thts contract. 01%ghich�ex-
ception has been taken by the Comptroller
Oeaeral or any of his duly authorloed repre-
sentatives,
epssentatives, shall continue until rues appeals.
litigation; claims. or enceptlope h,1ve been
disposed of:
will not maintain or provide for his employees
egregated facilities at any of his establishments, and
Ile will not permit his employees to perform their services
my location, under his control, where segregated facilities
:e maintained. The bidder, offeror, applicant, or subcon-
,ractor 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, res-
taurants and other eating areas, time clocks, locker rooms and
other storage or dressing areas, parking lots, drinking foun-
tains, recreation or entertainment areas, transportation, and
housing facilities provided for employees which are segre-
gated 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 ob-
tain identical certifications from proposed subcontractors
NOTE.—The penalty for snaking false statem
prier to the• award of subcontracts exceeding $10,000 which
aro,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 pro-
posed subcontractors (except where the proposed subcon-
tractors have submitted identical certifications for specific
time periods) :
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR
CERTIFICATIONS OF NONSEGREGATED FACILITIES
A Certification of Nonsegregated Facilities must be sub-
mitted prior to the award of a subcontract exceeding $10,000
which is not exempt from the provisions of the Equal Oppor-
tunity clause. The certification may be submitted either for
each subcontract or for all subcontracts during a period (i.e.,
quarterly, semiannually, or annually).
NOTE: The penalty for making false statements hi offers
is prescribed in 18 U.S.C. 1001.
encs in offers is prescribed in 18 U.S.C. 1001.
INSTRU
1. Whenever the lease is executed by an attorney, agent, '
or trustee on behalf of the Lessor, two authenticated copies
of his power of attorney, or other evidence to act on behalf
of the Lessor, shall accompany the lease.
2. When the Lessor is a partnership, the names of the
partners composing the firm shall be stated in the body of the
lease. The lease shall be signed with the partnership name,
followed by the name of the partner signing the same.
3. Where the Lessor is a corporation, the lease shall be
signed with the corporate name, followed by the signature
CTIONS
3
and title of the officer or other person signing the lease on
its behalf, duly attested, and, if requested by the Government
evidence of this authority so to act shall be furnished.
4. When deletions or other alterations are made specific
notation thereof shall be entered under clause 8 of the lease
before signing.
6. If the property leased is located in a State requiring
the recording of leases, the Lessor shall comply with all such
statutory requirements at Lessor's expense.
O. 5. COVFfO11ENT P11LVnOC OFFICE: 1573 0 - 505.955
Standard Form 2—A
Dist' 1070 Edition
e
-In
Lease No.: DOT-FA79SW-1076
AFS, Corpus Christi Int'1 Airport
Corpus Christi, Texas
CORPORATE CERTIFICATE
I, certify that I am the
Secretary of the Corporation named in the forgoing lease; that
, who signed said lease on behalf of said corporation,
was then 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
, 19
CORPORATE SEAL By:
Page 6 of 6
That the foregoing ordinance was read for first time and passed to its
second reading on this the /3 day of[t,.Al_ , 19'/9 , by the
following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
That the foregoing ordinance was read for se and time and passed to its
third reading on this the 22 day of ' . , , 1911 , by the
following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
That the foregoing ordinanc w r
on this the /9 day of
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
PASSED AND APPROVED, this the /9 day of }y/rr,�v , 19 19
ATTEST:
d for the third time and passed finally
, 19%9 , by the following vote:
CameySecretary��' �-
APPROVED:
/¢ DAY OF ' f,,,, , 1971:
J. BRUCE AYCOCK, /ITY ATTORNEY
r
By
Assistant City`
rney
1511.8
CITY OF CORPUS CHRISTI, TEXAS
STATE OF TEXAS, Iss:
County of Nueces.
Before me, the undersigned, a Notary Public. this day personally carn^
YOL A N DA 01'11 who being first duly sworn, ace.orcling to law, says that he is the
A%courv-ing Clerk of the Corpus Christi Collar and Tie Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
L4'Public Notice Notice is herehy_given that the City Council of the City of CorRus
of which the annexed is a true copy, was published in Corous Christi Caller-Tilres
on the._27..tiklay of August 1079 , and once eaci
consecutive
1
$_20.30
Subscribed and sworn to before me this
Yol At.
Lacounting Clerk •
29th day 0 Aust in 79
) 4/31/0:
Lois Winn
Notary Pu lic, Nueces County. Texas
PUBLIC NOTICE 117
Notice 3 hereby given that i "-
the City,Cr''9tcil of the Ctly of
Corpus ChrtstLhas on the 22nd
day of August 1975 approved on
second reading, previously ap-
proved on first reading on the .
15th day of August, 1979 an or-
dinance authorizing the, City
Manager to execute.Lease No.
DOT-FA79SW-1076 with the
United States Government, De-
partment of Transportation,
Fedleal Aviation Adminis-
tration for the use of 325 square
feet9( space on the third floor of
thei'ower Building at the Cor-
W hrtsti International Air-
port a term beginning July 1,
1979. The full text of said ordi-
nance Is available to the public
In the Office of the City Secre-
tary.
WITNESS my hand this 23rd
f
day of August, 1979. 99jii
-s-BIII G. Read,
City Secretary
Corpus Christi,
,.....„� Texas
n•r,p , •
ee
L V li �..LJ Lui\S� A.FFIDAVIT
STATE OF TEXAS, >ss:
County of Nucces. J
Before me, the undersigned, a 'Diary Public. this day personally carne
YOL,ANDA Qa-T.1.Z , who being first duly sworn, according to law, says that he is the
Accounting Clerk of the Cornus Christi Caller and The Corpus Christi Time.,
v ,
.♦.Daily Newspapers published at Corpus Christi, Texas, in said County and State. and that the publication of
Pt Lic Notice Notice is hereby given that the _City 'Council of the City of Corpus Christi...Pf
of which the annexed is a true copy, was published in
August
10 79 and once each
on ihe.2ilth• day of • � uguugu
Cornus Christ. Caller -Times
consecutive l'
ohe Ti: les.
17.50
21st'79
ounting Clerk
Suter mAugus � in
fined end sworn f0 before e this day or
Lois Winn
Notary Public, Nueces County, Texas
4
PUBCf" NOTICE
Notice Is hereby Qiven the
the C91 Cohricti Of the City
Corpus Christi has on the 15th
day of August, 1979 approved on
first reading, an ordinance au-
thorixing the City Manager to
execute lease No. DOT-
FA79SW-1076 with the United
States Government,\ Depart-
ment of Transportation, Feder-
al Aviation \Administration for
the use of 325 square feet of
space on the\third floor of Me ,1 - 0
Tower Building atthe-Corpus
Christi International Airport for
a term beginning July 1, 1979.
The full text of said ordinance Is
available to the public to the 01 i
Tice of the City Secretory. Yl
WITNESS my hand this 16th
day of August, 1979
..Bill G. Read,
City Secretary`
Cor • s Christi, Texas