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HomeMy WebLinkAbout19850 ORD - 07/14/1987AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE NATIONAL WEATHER SERVICE FOR THE RENTAL OF SPACE ON THE SECOND FLOOR OF THE TOWER BUILDING AT CORPUS CHRISTI INTERNATIONAL AIRPORT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a lease agreement with the National Weather Service for the rental of space on the second floor of the tower building at Corpus Christi International Airport for a term of five years at an annual rental of $12,805.10, all as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." 05P.110.01 1985° MICROFILMED STANDARD FORM 2 FEBRUARY 1965 EDITION GENERAL SERVICES ADMINISTRATION FPR (41 CFR) 1-16601 U.S. GOVERMMENT LEASE FOR REAL PROPERTY DATE OF LEASE LEASE NO THIS LEASE, made and entered into this date by and between whose address is City of Corpus Christi International Airport Corpus Christi, Texas 78408 and whose interest in the property hereinafter described is that of Lessor 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 Government the following described premises: Approximately One Thousand Six Hundred Sixty -Three (1663) net usable square feet of space located on the second floor of the Tower Building and, roof and/or ground space as may be mutually agreed by the parties hereto, for instrumental equipment with cable connections' thereto, which space shall be readily and conveniently accessible at all times, all space located at International Airport, Corpus Christi, Texas, tobetuedfor office quarters and uses incidental thereto 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on October 1, 1986 through September 30, 1991 subject to termination and renewal rights as may be hereinafter set forth. 3. The Government shall pay the Lessor annual rent of $ 12,805.10 at the rate of s....1067...09 per month in arrears. Rent for a lesser period shall be prorated. Rent checks shall be made payable to: Ci ty of Corpus Christi, P.O. Box 9277, Corpus Christi, TX 78408. 4. The Government may terminate this lease at any time by giving at least s i xty160) days' notice in writing to the Lessor and no rental shall accrue after the effective date of termination. Said notice shall be computed commenc- ing with the day after the date of mailing. This lease may be renewed at the option of the Government, for the following terms and at the following rentals: provided notice be given in writing to the Lessor at leas. days before the end of the original lease tern or any renewal term; all other terms and conditions of this lease shall..re` in the same during any renewal term. Said notice shall be computed commencing with the day after the date of mailing. 2-106 6. The Lessor shall furnish to the Government, as part of the rental consideration, the following: Janitorial Services 7. The following are attached and made a part hereof: The General Provisions and Instructions April 1984, Pages thru 14. SF2, Paragraphs 9 and 10. 8. The following changes were made in this lease prior to its execution: changes, additions and deletions, if any, are evident throughout this lease. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. LESSOR City of Corpus Christi BY._Ci_.^_____ ty Manager N PRESENCE OF: itlif:ify "Atl;orne NITEO STATES OF AMERICA l r n)rrrr) BY 5 •'"ARD FORM 2 Y Int EDITION ' ATTEST: City Secretary tslarr,arr) (Ad,lrr,t) Beal Property Officer r' (O$ir:aI tale) o„rnm,nt onto, Ina—lSt.27SrSotps Standard Form 2, Paragraphs 9 and 10, Lease No. 9. If at any time during the period of this lease, the Lessor desires to change the location of sites furnished the Government pursuant to this agreement, or the Lessor changes or modifies his facilities (runways and other areas) in such a manner so as to adversely affect or render useless Weather Service equipment, facilities, and/or their related power, control or signal lines, any expenses for repair, or for removal of facilities and installation of equivalent facilities at any other site agreeable to the Government shall be at the expense of the Lessor. 10. It is understood and agreed that request for renegotiation of cost of facilities and services may be made by either party hereto by giving at least sixty (60) days written notice to the other party, along with supporting documentation to substantiate the cost adjustment, before any September 30. GENERAL PROVISIONS, CERTIFICATION and INSTRUCTIONS U.S. GOVERNMENT LEASE FOR REAL PROPERTY GENERAL PROVISIONS These paragraphs apply to all leases except as follows: paragraphs 29, 31, and 32 (APPLY TO LEASES OVER $10,000 FOR THE CONTRACT TERM); 33 to 35 (OVER $25,000); 36 (OVER $100,000); and 37 (OVER $500,000). 1. DEFINITIONS - LEASES (a) The terms "Administration" and "Service" as used in this contract shall mean the Department of Commerce or DOC. (b) The terms "contract" and "Contractor" shall mean "lease" and "Les- sor," respectively. (c) The term "Lessor shall provide" means the Lessor shall furnish and install. 2. SUBLETTING THE PREMISES The Government may sublet any part of the premises but shall not be re- lieved from any obligations under this lease by reason of any such subletting. 3. MAINTENANCE OF PREMISES The Lessor shall maintain the demised premises, including the building and all equipment, fixtures, and appurtenances 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 Government's agents or employees. For the purpose of so maintaining said premises and property, the Lessor may at reasonable times, and with the approval of the authorized Government re- presentative in charge, enter and inspect the same and make any necessary repairs thereto. 4. 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 untenantable, as determined by the Government, the Government may terminate the lease by giving written notice to the Lessor within 15 days thereafter; if so terminated, no rent shall accrue to the Les- sor after such partial destruction or damage; and if not so terminated, the rent shall be reduced proportionately by supplemental agreement hereto effec- tive from the date of such partial destruction or damage. 5. CONDITION REPORT A joint physical survey and inspection report of the demised premises shall be made as of the effective date of this lease, reflecting the then present condition, and will be signed on behalf of the parties hereto. 6. APPLICABLE CODES AND ORDINANCES -DEVIATION The Lessor, as part of the rental consideration, agrees to comply with all codes and ordinances applicable to the ownership 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, and record the lease, if re- quired. 7. INSPECTION OF PREMISES At all times after receipt of offers, prior to or after acceptance of any offers, or during any construction, remodeling, or renovation work, the prem- ises and the building or any parts thereof, upon reasonable and proper notice, Page 1 (APR 1984) shall be accessible for inspection by the Contracting Officer, or by archi- tects, engineers, or other technicians representing him, to determine whether the essential requirements of the solicitation or the lease requirements are met. 8. IF MINIMUM NOT DELIVERED If delivered space contains less than the minimum square footage, DOC may cancel the lease. If such cancellation occurs, DOC may exercise its legal rights including charging the Lessor and its surety the increased cost of providing replacement space. 9. DELIVERY AND CONDITION Unless DOC elects to have the space occupied in increments, the space shall be delivered ready for occupancy as a complete unit. DOC reserves the right to determine when the space is ready to occupy. 10. TIME EXTENSIONS The lease shall not be terminated nor the Lessor charged with resulting damage if delays arise from unforeseeable causes beyond the control of the Lessor and/or his contractors, subcontractors, suppliers, or another Govern- ment contractor. However, the Lessor must notify the Contracting Officer, in writing, of any delay within 10 days after it begins. The Contracting Officer shall ascertain the facts, determine the extent of the delay, and grant exten- sions when justified. His determination and findings shall be final and con- clusive. 11. 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. 12. ALTERATIONS BY GOVERNMENT The Government shall have the right during the existence of this lease to make alterations, attach fixtures, and erect structures or signs in or upon the premises hereby leased, which fixtures, additions or structures so placed in, on, upon, or attached to the said premises shall be and remain the proper- ty of the Government and may be removed or otherwise disposed of by the Govern- ment. If the lease contemplates that the Government is the sole occupant of the building, for purposes of this paragraph, the leased premises shall in- clude the land on which the building is sited and the building itself. Other- wise, the Government shall have the right to tie into or make any physical connection with any structure located on the property as is reasonably neces- sary for appropriate utilization of the leased space. 13. ALTERATIONS BY LESSOR (a) The Lessor may be requested to provide alterations subsequent to award. If the Lessor desires to perform the alterations, an amount will be negotiated and set forth in an amendment to this lease, by award letter, or on an appropriate construction form. (b) Upon request by the Government, the Lessor will submit in a timely manner, an itemized cost proposal for the work to be accomplished. The pro- posal, including all subcontractor work, shall contain at least the following details - (1) Material quantities and unit costs, (2) Labor costs (identified with specific item or material to be placed or operation to be performed), Page 2 (APR 1984) (3) Construction equipment costs, (4) Workman's compensation and public liability insurance, (5) Overhead, (6) Profit, and (7) Employment taxes under FICA and FUTA. (c) Certain Federal Acquisition Regulation (FAR) provisions also apply to all alterations projects exceeding $500,000 in cost - (1) The Lessor must provide cost or pricing data including subcon- tractor cost or pricing data (48 CFR 15.804-2), (2) The Lessor's representative, all Contractors, and subcontrac- tors whose portion of the job exceeds $500,000 must sign and return the "Cer- tificate of Current Cost or Pricing Data" (48 CFR 15.804-4), (3) The detailed and itemized proposal will be subject to a DOC audit (48 CFR 15.106-2), (4) The agreement for "Price Reduction for Defective Cost or Pricing Data" must be signed and returned (48 CFR 15.804-8). (d) Lessors shall also refer to 48 CFR Part 31, Contract Cost Principles, for information on which costs are allowable, reasonable, and allocable in Government work. 14. TERMINATION FOR DEFAULT If the Lessor fails to prosecute the work required to deliver the leased premises ready for occupancy by the Government agency with such diligence as will ensure delivery of the leased premises within the time required by the lease agreement, or any extension of the specified time, or if the Lessor fails to complete said work within such time, DOC may, by written notice to the Lessor, terminate the lease agreement. Regardless of whether the lease is terminated, the Lessor and his sureties shall be liable for any damage to the Government resulting from his failure to deliver the premises ready for occu- pancy within the specified time. 15. FAILURE IN PERFORMANCE The covenant to pay rent and the covenant to provide any service, util- ity, maintenance, or repair required under this lease are dependent. In the event of failure by the Lessor to provide any of these items, the Government may be contract or otherwise perform the service, maintenance, utility, or repair, and charge to the Lessor any cost incurred by the Government that is related to the performance of such service, maintenance etc., including any administrative costs, and deduct such cost from any rental payments. Alter- nately, the Government may reduce rental payments by the corresponding de- crease in value of the contract requirement not performed, as determined by the Contracting Officer. These remedies are not exclusive and are in addition to any other remedies which may be available under this contract or in the law. 16. TERMINATION - ERRONEOUS REPRESENTATION CONCERNING FRIABLE ASBESTOS The certification regarding friable asbestos contained in the represen- tation and certification provision of this solicitation is a material repre- sentation of fact upon which the Government relies when making award. If it is later determined that the certification was erroneous, in addition to other remedies available to the Government, the Government reserves the right to terminate any lease resulting from this solicitation. Page 3 (APR 1984) 17. OFFICIALS NOT TO BENEFIT No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit arising from it. However, this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation's general bene- fit. 18. GRATUITIES (a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative - (1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and (2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract. (b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction. (c) If this contract is terminated under paragraph (a) above, the Govern- ment is entitled - (1) To pursue the same remedies as in a breach of the contract; and (2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.) (d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. 19. COVENANT AGAINST CONTINGENT FEES -DEVIATION 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, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies main- tained by the Lessor for the purpose of securing business. For breach or violation of this warranty the Government shall have the right to annul this lease without liability or in its discretion to deduct from the rental price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. (Licensed real estate agents or brokers having listings on property for rent, in accordance with general busi- ness practice, and who have not obtained such licenses for the sole purpose of effecting this lease, may be considered as bona fide employees or agencies within the exception contained in this clause.) 20. DISPUTES (a) This contract is subject to the Contract Disputes Act of 1978 (41 U.S.C. 681-613) (the Act). (b) Except as provided in the Act, all disputes arising under or rela- ting to this contract shall be resolved under this clause. (c) "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of con- tract terms, or other relief arising under or relating to this contract. A claim arising under a contract, unlike a claim relating to that contract, is a Page 4 (APR 1984) claim that can be resolved under a contract clause that provides for the re- lief sought by the claimant. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $50,000 is not a claim under the Act until certified as required by subparagraph (d) (2) below. A voucher, invoice, or other routine request for payment that is not in dis- pute when submitted is not a claim under the Act. The submission may be con- verted to a claim under the Act, by complying with the submission and certifi- cation requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. • (d) (1) A claim by the Contractor shall be made in writing and sub- mitted to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer. (2) For Contractor claims exceeding $50,000, the Contractor shall submit with the claim a certification that - (i) The claim is made in good faith; (ii) Supporting data are accurate and complete to the best of the Contractor's knowledge and belief; and (iii) The amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable. (3) (j) If the Contractor is an individual, the certification shall be executed by that individual. (ii) If the Contractor is not an individual, the certification shall be executed by - (A) A senior company official in charge at the Contrac- tor's plant or location involved; or (B) An officer or general partner of the Contractor having overall responsibility for the conduct of the Contractor's affairs. (e) For Contractor claims of $50,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $50,000, the Con- tracting Officer must, within 60 days, decide the claim or notify the Contrac- tor of the date by which the decision will be made. (f) The Contracting Officer's decision shall be final unless the Con- tractor appeals or files a suit as provided in the Act. (g) The Government shall pay interest on the amount found due and unpaid from (1) the date the Contracting Officer receives the claim (properly certi- fied if required), or (2) the date payment otherwise would be due, if that date is later, until the date of payment. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendancy of the claim. (h) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer. 21. PROGRESSIVE OCCUPANCY • DOC shall pay rent only when the entire premises or suitable units are ready for occupancy. If the agency occupies the space in partial increments, rent will accrue or be paid on a pro rata basis. Rental payments shall become due on the first workday of the month following the month in which an incre- ment of space is occupied, except that should an increment of space be occupied after the fifteenth day of the month, the payment due date shall be Page 5 (APR 1984) the first workday of the second month following the month in which it was occupied. The commencement date of the firm term shall be a composite deter- mined from all dates of incremental occupancy. 22. MEASUREMENT FOR PAYMENT When space is offered and accepted, the space will be mutually measured upon delivery. Payment will be made on the basis of actual measurement; how- ever, payment will not be made for delivered space which is in excess of the maximum square footage solicited. 23. PAYMENT DUE DATE - ALTERNATE VII The initial monthly rental payment under this contract shall become due on the first workday of the month following the month in which the lease or supplemental agreement establishing commencement of the lease term is exe- cuted, or the first workday of the month following the month in which the occupancy of space is effective, whichever is later. Subsequent rent shall be paid in arrears, and will be due on the first workday of each successive • month, and only as provided for by the lease. 24. INTEREST ON OVERDUE PAYMENTS (a) The Prompt Payment Act, Public Law 97-177 (96 Stat. 85, 31 U.S.C. 1801) is applicable to payments under this contract and requires the payment to Contractors of interest on overdue payments and improperly taken discounts. (b) Determinations of interest due will be made in accordance with the provisions of the Prompt Payment Act and Office of Management and Budget Cir- cular A-125. 25. METHOD OF PAYMENT (a) Payments under this contract will be made either by check or by wire transfer through the Treasury Financial Communications System at the option of the Government. (b) The Contractor shall forward the following information in writing to the DOC Contracting Officer not later than 7 days after receipt of notice of award. (1) Full name (where practicable), title, phone number, and com- plete mailing address of responsible official(s) (i) to whom check payments are to be sent, and (ii) who may be contacted concerning the bank account information requested below. (2) The following bank account information required to accomplish wire transfers: (i) Name, address, and telegraphic abbreviation of the re- ceiving financial institution. (ii) Receiving financial institution's 9 -digit American Bankers Association (ABA) identifying number for routing transfer of funds. (Provide this number only if the receiving financial institution has access to the Federal Reserve Communications System.) (iii) Recipient's name and account number at the receiving financial institution to be credited with the funds. (iv) If the receiving financial institution does not have access to the Federal Reserve Communications System, provide the name of the correspondent financial institution through which the receiving financial institution receives electronic funds transfer messages. If a correspondent financial institution is specified also provide: (A) Address and telegraphic abbreviation of the corre- spondent financial institution. Page 6 (APR 1984) (8) The correspondent financial institution's 9 -digit ABA identifying number for routing transfer of funds. (c) Any changes to the information furnished under paragraph (b) of this clause shall be furnished to the Contracting Officer in writing at least 30 days before the effective date of the change. It is the Contractor's respon- sibility to furnish these changes 30 days before submitting invoices to avoid invoices being returned as improper. (d) The document furnishing the information required in paragraphs (b) and (c) must be dated and contain the signature, title, and telephone number of the Contractor official authorized to provide it, as well as the Contrac- tor's name and contract number. 26. ASSIGNMENT OF CLAIMS (a) The Contractor, under the Assignment of Claims Act, as amended, 31 U.S.C. 203, 41 U.S.C. 15 (hereafter referred to as the "the Act"), may assign its rights to be paid amounts due or to become due as a result of the perfor- mance of this contract to a bank, trust company, or other financing institu- tion, including any Federal lending agency. The assignee under such an assign- ment may thereafter further assign or reassign its right under the original assignment to any type of financing institution described in the preceding sentence. (b) Any assignment or reassignment authorized under the Act and this clause shall cover all unpaid amounts payable under this contract, and shall not be made to more than one party, except that an assignment or reassignment may be made to one party as agent or trustee for two or more parties partici- pating in the financing of this contract. (c) The Contractor shall not furnish or disclose to any assignee under this contract any classified document (including this contract) or information related to work under this contract until the Contracting Officer authorizes such action in writing. 27. SUBSTITUTION OF TENANT AGENCY DOC reserves the right to substitute any agency(ies) for the agency(ies) named in this solicitation at any time after the offer or during the term of the lease. 28. DISPLAY ADVERTISING (APR 1984) If the leased premises are solely for Government use, no advertising matter shall be constructed on or over the premises, unless authorized by the Contracting Officer. • 29. EQUAL OPPORTUNITY (a) If, during any 12 -month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with subparagraphs (b)(1) through (11) below. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause. (b) While performing this contract, the Contractor agrees as follows: (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. (2) The Contractor shall 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. Page 7 (APR 1984) This shall include, but not be limited to, (i) employment, (ii) upgrading, (iii) demotion, (iv) transfer, (v) recruitment or recruitment advertising, (vi) layoff or termination, (vii) rates of pay or other forms of compensation, and (viii) selection for training, including apprenticeship. (3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause. (4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all quali- fied applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (5) The Contractor shall send, to each labor union or representa- tive of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contrac- tor's commitments under this clause, and post copies of the notice in con- spicuous places available to employees and applicants for employment. • (6) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. (7) The Contractor shall furnish to the contracting agency all information required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. Standard Form 100 (EEO -1), or any successor form, is the prescribed form to be filed within 30 days following the award, unless filed within 12 months preceding the date of •award. (8) The Contractor shall permit access to its books, records, and accounts by the contracting agency or the Office of Federal Contract Com- pliance Programs (OFCCP) for the purposes of investigation to ascertain the Contractor's compliance with the applicable rules, regulations, and orders. (9) If the OFCCP determines that the Contractor is not in com- pliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended, the rules, regulations, and orders of the Secretary of Labor, or as otherwise provided by law. (10) The Contractor shall include the terms and conditions of sub- paragraph (b)(1) through (11) of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secre- tary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. (11) The Contractor shall take such action with respect to any sub- contract or purchase order as the contracting agency may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance; provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into litigation to protect the interests of the United States. (c) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR 60-1-1. Page 8 (APR 1984) 30. FINALITY OF ACCEPTANCE The unconditional acceptance of an offer establishes a valid contract extending to the solicitation, offer, and acceptance between the offeror and the Government. 31. UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS (a) It is the policy of the United States that small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals shall have the maximum practicable opportunity to participate in performing contracts let by any Federal agency. (b) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient con- tract performance. The Contractor further agrees to cooperate in any studies or surveys as may be conducted by the United States Small Business Administra- tion or the awarding agency of the United States as may be necessary to deter- mine the extent of the Contractor's compliance with this clause. (c) As used in this contract, the term "small business concern" shall mean a small business as defined pursuant to section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto. The term "small business concern owned and controlled by socially and economically disadvan- taged individuals" shall mean a small business concern - (1) Which is at least 51 percent owned by one or more socially and economically disadvantaged individuals; or, in the case of any publicly owned business, at least 51 per centum of the stock of which is owned by one or more socially and economically disadvantaged individuals; and (2) Whose management and daily business operations are controlled by one or more of such individuals. The Contractor shall presume that socially the economically disad- vantaged individuals include Black Americans, Hispanic Americans, Native Americans, Asian -Pacific Americans, Asian -Indian Americans and other minori- ties, or any other individual found to be disadvantaged by the Administration pursuant to section 8(a) of the Small Business Act. (d) Contractors acting in good faith may rely on written representations by their subcontractors regarding their status as either a small business concern or a small business concern owned and controlled by socially and eco- nomically disadvantaged individuals. 32. EXAMINATION OF RECORDS BY COMPTROLLER GENERAL (a) This clause applies if this contract exceeds $10,000 and was entered into by negotiation. (b) The Comptroller General of the United States or a duly authorized representative from the General Accounting Office shall, until 3 years after final payment under this contract or for any shorter period specified in Federal Acquisition Regulation (FAR) Subpart 4.7, Contractor Records Reten- tion, have access to and the right to examine any of the Contractor's directly pertinent books, documents, papers, or other records involving transactions related to this contract. (c) The Contractor agrees to include in first-tier subcontracts under this contract a clause to the effect that the Comptroller General or a duly authorized representative from the General Accounting Office shall, until 3 years after final payment under the subcontract or for any shorter period specified in FAR Subpart 4.7, have access to and the right to examine any of the subcontractor's directly pertinent books, documents, papers, or other records involving transactions related to the subcontract. "Subcontract," as Page 9 (APR 1984) used in this clause, excludes (1) purchase orders not exceeding $10,000 and (2) subcontracts or purchase orders for public utility services at rates es- tablished to apply uniformly to the public, plus any applicable reasonable connection charge. (d) The periods of access and examination in paragraphs (b) and (c) above for records relating to (1) appeals under the Disputes clause, (2) litigation or settlement of claims arising from the performance of this con- tract, or (3) costs and expenses of this contract to which the Comptroller General or a duly authorized representative from the General Accounting Office has taken exception shall continue until such appeals, litigation, claims, or exceptions are disposed of. 33. UTILIZATION OF WOMEN-OWNED SMALL BUSINESSES (a) "Women-owned small business," as used in this clause, means busi- nesses that are at least 51 percent owned by women who are United States citizens and who also control and operate the business. "Control," as used in this clause, means exercising the power to make policy decisions. "Operate," as used in this clause, means being actively involved in the day-to-day management of the business. (b) It is the policy of the United States that women-owned small busi- nesses shall have the maximum practicable opportunity to participate in per- forming contracts awarded by any Federal agency. (c) The Contractor agrees to use its best efforts to give women-owned small businesses the maximum practicable opportunity to participate in the subcontracts it awards to the fullest extent consistent with the efficient performance of its contract. 34. EXAMINATION OF RECORDS BY DOC The Contractor agrees that the Administrator of DOC or any of his duly authorized representatives shall, until the expiration of 3 years after final payment under this contract, or of the time periods for the particular records specified in Part 4.7 of the Federal Acquisition Regulation (48 CFR 4.7), whichever expires earlier, have access to and the right to examine any books, documents, papers, and records of the Contractor involving transactions re- lated to this contract or compliance with any clauses thereunder. The Con- tractor further agrees to include in all his subcontracts hereunder a provi- sion to the effect that the subcontractor agrees that the Administrator of DOC or any of his duly authorized representatives shall, until the expiration of 3 years after final payment under the subcontract, or of the time periods for the particular records specified in Part 4.7 of the Federal Acquisition Regu- lation (48 CFR 4.7), whichever expires earlier, have access to and the right to examine any books, documents, papers, and records of such subcontractor, involving transactions related to the subcontract or compliance with any clauses thereunder. The term "subcontract" as used in this clause excludes (a) purchase orders not exceeding $10,000 and (b) subcontracts or purchase orders for public utility services at rates established for uniform applica- bility to the general public. 35. TERMINATION - ERRONEOUS REPRESENTATION CONCERNING CRIMES, DEBARMENTS, SUSPENSIONS, AND DEFAULTS The certification regarding previous crimes, debarments, suspensions, and defaults contained in the representation and certification provision of this solicitation is a material representation of fact upon which the Government relies when making award. If it is later determined that the certification Page 10 (APR 1984) was erroneous, in addition to other remedies available to the Government, the Government reserves the right to terminate for default any contract resulting from this solicitation. 36. CLEAN AIR AND WATER (a) "Air Act," as used in this clause, means the Clean Air Act (42 U.S.0 7401 et seq.). "Clean air standards," as used in this clause means (1) Any enforceable rules, regulations, guidelines, standards, • limitations, orders, controls, prohibitions, work practices, or other require- ments contained in, issued under, or otherwise adopted under the Air Act or Executive Order 11738; (2) An applicable implementation plan as described in section 110(d) of the Air Act (42 U.S.C. 7410(d)); (3) An approved implementation procedure or plan under section 111(c) or Section 111(d) of the Air Act (42 U.S.C. 7411(c) or (d)); or (4) An approved implementation procedure under section 112(d)'of the Air Act (42 U.S.C. 7412(d)). "Clean water standards," as used in this clause, means any enforceable limitations, control condition, prohibition, standard, or other requirement promulgated under the Water Act or contained in a permit issued to a dis- charger 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 government to ensure compliance with pretreatment regulations as re- quired by section 307 of the Water Act (33 U.S.C. 1317). "Compliance," as used in this clause, means compliance with - (1) Clean air or water standards; or (2) A schedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency, or an air or water pollu- tion control agency under the requirements of the Air Act or Water Act and related regulations. "Facility," as used in this clause, means any building, plant, installa- tion, structure, mine, vessel or other floating craft, location, or site of operations, owned, leased, or supervised by a Contractor or subcontractor, used in the performance of a contract or subcontract. When a location or site of operations includes more than one building, plant, installation, or struc- ture, the entire location or site shall be deemed a facility except when the Administrator, or a designee, of the Environmental Protection Agency, deter- mines that independent facilities are collocated in one geographical area. "Water Act," as used in this clause, means Clean Water Act (33 U.S.C. 1251 et seq.). (b) The Contractor agrees - (1) To comply with all the requirements of section 114 of the Clean Air Act (42 U.S.C. 7414) and section 308 of the Clean Water Act (33 U.S.C. 1318) 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, and all regulations and guidelines issued to implement those acts 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 this contract was awarded unless and until the EPA eliminates the name of the facility from the listing; (3) To use best efforts to comply with clean air standards and clean water standards at the facility in which the contract is being per- formed; and Page 11 (APR 1984) (4) To insert the substance of this clause into any nonexempt sub- contract, including this subparagraph (b)(4). 37. SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS SUBCONTRACTING PLAN (a) This lease incorporates the clause at FAR 52.219-9 by reference. It has the same force and effect as if it were included in full text. (b)' If the offeror indicates he is not a small business as defined in this lease, and the value of this lease over its firm term or for any option period exceeds $500,000, he will be required to execute an acceptable small business subcontracting plan. Said subcontracting plan will be incorporated into the contract as a material part thereof. If the subcontracting plan is required for only the option period, it shall be executed and incorporated into the contract for the option period prior to exercise of the option. Copies of the requirements and a suggested format are available from the Con- tracting Officer upon request. 38. 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 because of race, color, religion, sex, or national origin in furnishing, or by refusing to furnish, to such person or persons the use of any facility, including any and all services, privileges, accommodations, and activities provided thereby. Nothing herein shall require the furnishing to the general public of the use of any facility customarily furnished by the Lessor solely to tenants, their employees, customers, pa- tients, clients, guests and invitees. (c) It is agreed that the Lessor's noncompliance with the provisions of this section shall constitute a material breach bf this lease. In the event of such noncompliance, the Government 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, in- cluding 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 feas- ible and moving costs will be limited to the actual expenses thereof as in- curred. (d) It is further agreed that from and after the date hereof the Lessor will, at such time as any agreement is to be entered into or a concession is to be permitted to operate, include or require the inclusion of the foregoing provisions of this section in every such agreement or concession pursuant to which any person other than the Lessor operates or has the right to operate any facility. Nothing herein contained, however, shall be deemed to require the Lessor to include or require the inclusion of the foregoing provisions of this section in any existing agreement or concession arrangement or one in which the contracting party other than the Lessor has the unilateral right to renew or extend the agreement or arrangement, until the expiration of the existing agreement or arrangement and the unilateral right to renew or extend. The Lessor also agrees that it will take any and all lawful actions as expedi- tiously as possible, with respect to any such agreement as the contracting agency may direct, as a means of enforcing the intent of this section, in- cluding, but not limited to, termination of the agreement or concession and institution of court action. Page 12 (APR 1984) 39. This lease supersedes Lease Contract No. NA81WBF00095 dated any 1, 1981 , which expired by limitation September 30, 1986 CERTIFICATION 1. CERTIFICATION OF NONSEGREGATED FACILITIES (Applicable to (1) contracts, (2) subcontracts, and (3) agreements with applicants who are themselves performing federally assisted construction con- tracts, exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause.) By the submission of this bid, the bidder, offeror, applicant, or sub- contractor 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 facili- ties at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The bidder, offeror, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Oppor- tunity 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, parking 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 ob- tained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors 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 submitted prior to the award of subcontract exceeding $10,000 which is not exempt from the pro- visions 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 annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. INSTRUCTIONS 1. Whenever the lease is executed by an attorney, agent, or trustee on be- half 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 form 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. Page 13 (APR 1984) 3. Where the Lessor is a corporation, the lease shall be signed with the corporate name, followed by the signature and title of the officer or other person signing the lease on its behalf, duly attested, and, if requested by the Government evidence of this authority so to act shall be furnished. 4. When deletions or other alterations are made specific notation thereof shall be entered under clause 8 of the lease before signing. 5. If the property leased is located in a State requiring the recording of leases, the Lessor shall comply with all such statutory requirements at Lessor's expense. Page 14 (APR 1984) That the foregoing ordinance was read for the first time and passed to its second reading on this the &_day of Lt -11_/ , 19 W7 , by the following vote: Betty N. Turner Clif Moss David Berlanga, Sr. Bill Pruet Leo Guerrero Mary Rhodes Frank Mendez Mary Pat Slavik Linda Strong That the foregoing ordinance was read for the second time andsed to its third reading on this the /11141 day of following vote: , 192'( , by the Betty N. Turner David Berlanga, Sr. Leo Guerrero Frank Mendez Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong That the forpgoing ordina ce was read for the_third time and passed finally on & this the /.f1day of Lejr, , 19 $'� , by the following vote: Betty N. Turner L Clif Moss David Berlanga, Sr. __ Bill Pruet Leo Guerrero (,(��,P Mary Rhodes Frank Mendez Mary Pat Slavik Linda Strong PASSED AND APPROVED, this the / `"day of AF -195. y Secretary APe�P���JJ��VED: 7 K DAY OF HAL GEORGE, CITY ATTO By Assistant Cit1 99.044.01 R , 19S'%: orney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 13850