HomeMy WebLinkAbout021160 ORD - 05/14/1991AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE LEASE
AGREEMENT DTFA07-91-L01004 BETWEEN THE FEDERAL AVIATION
ADMINIS!'RATION AND CITY OF CORPUS CHRISTI FOR THE AIR
TRAFFIC CONTROL TOWER AT CORPUS CHRISTI INTERNATIONAL
AIRPORT, AND PROVIDING FOR PUBLICATION.
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 an agreement
between the Federal Aviation Administration and City of Corpus Christi for the Air Traffic
Control Tower at Corpus Christi International Airport, 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."
SECTION 2. Publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
ORD4: 91083
P�;p¢
021160 kHx
STAMpARD FORM 2
FEBRUARY 1945 EDITION
GENERAL SERVICES
ADMINISTRATION
FAR (41 CFR) 1-16.601
U.S. GOVERNMENT
LEASE FOR REAL PROPERTY
DATE OF LEASE
LEASE NO.
DTFA07-91—L-01004
THIS LEASE, made and entered into this date by and between CITY OF CORPUS CHRISTI, TEXAS
International Airport
whose address is 1000 International Drive
Corpus Christi, Texas 78406-1801
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 Government the following described premises:
Approximately 7,294 square feet of technical space, 5,009 square feet
of office space, and 1,205 square feet of storage space, located at the
Airport Traffic Control Tower (ATCT) building, International Airport,
Corpus Christi, Texas, and as more particularly delineated in Article 9 hereof.
to beusedfor Federal Aviation Administration ATCT/TRACON/AFSFO
2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on
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 $ 135, 232.65
at the rate of $...1.1.,.269.,3.9 per month in arrears.
Rent for a lesser period shall be prorated. Rent checks shall be made payable to:
Lessor
wholly or in part
4. The Government may terminate this lease/at any time by giving at least thirty (30) 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.
provided notice be given i g to the Lessor at least days before the end of the original lease term
or any rent all other terns and conditions of this lease shall remain the same during any renewal term.
far
2-106
EXH.I B t"A
SPACE:
Lease No. DTFA07-91-L-01004
ATCT/TRACON/AFSFO Space
Corpus Christi, Texas
SPECIAL LEASE PROVISIONS
ROOM
NO.
BARE
SQUARE RENT
FEET SQ. FT.
Storage 121 523 8.40
Telco./Storage 209 682 8.40
* AF SFO Manager 304 201 2.15
• AF Clerk/Receptionist 304A 124 2.15
Conference 306 450 8.40
Corridor 307 106 8.40
* Hurricane Storage 307A 108 2.15
Nav/Com Supvr. 309 144 8.40
Radar Supvr. 310 144 8.40
Supply Tech. 311 140 8.40
Reference Room 312 137 8.40
Computer Room 313 143 8.40
Admin. Area 314 178 8.40
Tech. Training Room 315 148 8.40
Computer Area 316 188 8.40
• AF Storage 318 148 1.75
Comm. Equipment 320 813 8.40
• Comm. Equipment Rm. 320A 403 2.15
* Break Room 320B 195 2.15
Supply Room 321 87 8.40
Kitchen 322 87 8.40
Corridor 405 150 8.40
Asst. AT Manager 407 208 8.40
Admin. Officer 408 170 8.40
Copy Room 409 120 8.40
Reception 410 127 8.40
Secretary 411 191 8.40
* ATCT Secretary 411A 57 2.15
* ATCT Manager 412 267 2.15
Corridor 413 118 8.40
* AF Storage 414 292 1.75
(Future AT Training)
* AF Storage 414A 333 1.75
(Future AT Training)
Storage 415A 31 8.40
* Radar Main. Storage 415 90 1.75
AT Support Staff 416A 430 8.40
* Telco/Telco Storage 416 96 1.75
Storage 417 21 8.40
Storage 418 21 8.40
Asst. Mgr. Programs 419 189 8.40
Asst. Mgr. Programs 420 189 8.40
Lease No. DTFA07-91-L-01004
ATCT/TRACON/AFSFO Space
Corpus Christi, Texas
Storage 422 85 8.40
Storage 423 84 8.40
Conference Room 424 612 8.40
Storage 504 82 8.40
Equipment Room 505 1337 8.40
Vestibule 506 26 8.40
IFR Room 507 964 8.40
Watch Supr. 508 120 8.40
Vestibule 509 24 8.40
Corridor 510 177 8.40
AF Storage 511 375 8.40
* ATCT Radar White Rin. 514 177 2.15
* Men's Restroom 515 165 2.15
* Women's Restroom 515A 58 2.15
* AT Break Room 517 150 1.75
* AT Locker Room 518 124 2.15
* AT Ready Rm. Kitchen 519 102 2.15
* AT Ready Room 520 325 2.15
* ATCT Cab 272 2.15
BUILDING SUPPORT AREA'S
Mech. Room 120 379
Corridor 301 151
Stairway 303 104
Janitor 304 17
Restroom 305 75
Restroom 308 120
Lobby 401 41
Stairway 403 105
Restroom 404 77
Restroom 406 83
Janitor 414 32
Corridor 421 195
Lobby 501 98
Stairway 503 105
Janitor 512 34
Janitorial Services, as defined in Article 21 and cost identified below are at
the rate of $3.35 per square feet of leased space annually. Utilities and
services, excluding electricity, as defined in Article 22 are included in the
bare rental rate.
Total Square Footage
Annual Bare Rental Cost
Annual Janitorial Cost
Total Annual Cost
13,508
$ 89 980.85
$ 45 251.80
$ 135.232.65
Lease No. DTFA07-91-L-01004
ATCT/TRACON/AFSFO Space
Corpus Christi, Texas
* The Bare Rental Rate for these area's that were covered under Lease
No. DTFA07-81-L-01128, scheduled to expire by its terms on September 30, 1992,
will remain at existing rate until October 1, 1992, which at that date will he
adjusted to $8.40 per square foot. The Restrooms identified as room number
515 and 515A will be excluded from the leased area.
1240
Electricity to this facility is provided under Contract No. DOT-FA77SW-
10. RENEWAL OPTION:
This lease may, at the option of the Government, be renewed from year to
year at an annual rental of $135,232.65 payable in the amount of $11,269.39
per month in arrears; and otherwise upon the terms and conditions herein
specified. The Government's option shall be deemed exercised and the lease
renewed each year for one (1) year unless the Government gives thirty (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, 2000,
AND PROVIDED FURTHER, that adequate appropriations are available from year to
year for the payment of rentals.
11. CANCELLATION:
The Government shall have the right and privilege to cancel this lease,
wholly or partially, at any time during the term of this lease or during the
term of any renewal thereof upon giving the Lessor thirty (30) days' notice in
writing, such notice to he computed from the date of the postmark on the
envelope in which such cancellation notice is mailed, and no rentals shall
accrue after that date; EXCEPT, That portion of the lease pertaining to
janitorial and utilities services, which may be renegotiated and/or canceled
by either party upon thirty (30) days' written notice as defined above, and
the monetary consideration of this lease adjusted therefor; PROVIDED, however,
that any rate so negotiated shall not he in excess of a rate charged to any
tenant of the Lessor having similar conditions of service.
12. OCCUPANCY OF SPACE BEYOND THIS LEASE TERM:
The Government shall have the option to make a new lease for all or any
part of the demised premises at the end of the initial renewal terms or within
one (1) year thereafter at a bare space rental rate to he negotiated at that
time. Said rate would include the stipulation that all building structural
and equipment maintenance pertaining hereto shall he performed by the Lessor.
13. FUNDING RESPONSIBILITY CLASS 1 - II FACILITIES:
The airport owner agrees that any relocation, replacement, or
modification of any Federal Aviation Administration Class I and Class II
facilities, or components thereof, as defined below, covered by this lease
during its term or any renewal thereof made necessary by airport improvements
Lease No. DTFA07-91-L-01004
ATCT/TRACON/AFSFO Space
Corpus Christi, Texas
or changes which impair or interrupt the technical and/or operational
characteristics of the facilities will he at the expense of the airport owner;
except, when such improvements or changes are made at the specific request of
the Government. In the event such relocations, replacements, or modifications
are necessitated due to causes not attributable to either the airport owner or
the Government, funding responsibility shall be determined by the Government.
CLASS I FAGILITIES
Remote Transmitters/Receiver (Tower)
Airport Traffic Control Towers
Airport Surveillance Radars
Airport Surface Detection Equipment
Precision Approach Radars
ILS and Components
ALS and Components
Flight Service Stations
Long Range Radar
Air Route Traffic Control
Remote Control Air -Ground
Communication Facility
Visual Landing Aids
Direction Finding Equipment
VOR's, TVOR's, and VORTAC's
(Instrument Approach)
Weather Observing and Measuring Equip.
(Owned and operated by FAA)
Central Standby Powerplants
Low Level Wind Shear Alert Systems
CLASS II FACILITIES
VOR and VORTAC (en route only)
Centers Flight Service Stations
Remote Communications Outlet
Limited Remote Communications Outlet
Other En Route Facilities
14. INSTALLATION OF ANTENNAS, POWER CABLES CONTROL CABLES, AND OTHER
APPURTENANCES:
The Government shall have the right and privilege to install, operate,
and maintain antenna wires and appurtenances atop necessary buildings and
structures or at other locations where deemed necessary on an airport
property, together with the right to install, operate, and maintain necessary
connecting cables and wiring, where needed, to perform the necessary linking
of facilities, provided such installations do not constitute a hazard to the
operation of aircraft when such installations have been completed. The
Government shall have the right to install, operate, and maintain such cables,
conduit, and wiring as necessary to link and connect its facilities to its
emergency standby powerplant to be used in the event of commercial power
failure to any of its facilities located on airport property.
15. NON -RESTORATION:
The Government shall have no obligation to restore and/or rehabilitate,
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.
16. INTERIOR PAINTING LEASED PREMISES:
Lease No. DTFA07-91-L-01004
ATCT/TRACON/AFSFO Space
Corpus Christi, Texas
The Lessor shall repaint the interior of the leased premises not less than once
every five 5 years of Government occupancy under this lease of any renewal
thereof.
All painting shall be accomplished by the Lessor using a washable paint of the
Lessor's choice.
17. REPAIR AND REPLACEMENT OF WINDOW COVERS:
The Lessor agrees to repair or replace existing blinds, shades, and drapes as
may be required and resulting from fair wear and tear during the Government's
occupancy of the leased premises.
18. CARPET:
a. When carpet is newly installed or changed, the Lessor shall provide the
Government a minimum of five color samples. The sample and color must he
approved by the Federal Aviation Administration (FAA) prior to installation.
b. New carpet must meet the following static buildup and flammability
requirements.
(1) Static Buildup: 3.5 kV maximum with built-in static dissipation is
recommended. "Static -controlled" is acceptable.
(2) Flammability: Carpet in unsprinklered corridors and exits shall have
a critical radiant flux of 0.22 or greater (NFPA Standard No. 253). All carpet
not in corridors shall pass Consumer Products Safety Commission FFL-70 (pill
test).
c. Carpet shall be replaced at anytime during Government occupancy when:
(1) Backing or underlayment is exposed.
(2) There are noticeable variations in surface color or texture.
19. 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 Government's Contracting Officer, make every reasonable
effort to eliminate the cause of such interference.
20. PARKING:
The Lessor shall provide, without costs, parking adjacent or in close proximity
to the Airport Traffic Control Tower (ATCT) building a total of 65 parking
spaces for Government vehicles and private vehicles of employees for use by
Airway Facilities Sector Field Office (SFO), and ATCT. These spaces shall be
identified in some manner as having been set aside for the FAA.
Lease No. DTFA07-91-L-01004
ATCT/TRACON/AFSFO Space
Corpus Christi, Texas
21. JANITORIAL SERVICE SPECIFICATIONS:
The Lessor shall furnish all labor, equipment, and supplies to provide and
accomplish the janitorial services listed below as part of the rental
consideration for the leased premises.
a. Janitorial Service Area Service Schedule
All areas leased Daily, 5 days a week
b. Service Specifications
(1) Daily:
(a) Vacuum all carpeted areas and sweep/wet mop all other floors not
carpeted. Buff waxed floors as needed.
(b) Clean all ash trays, empty all waste baskets and trash
receptacles, and remove waste and trash.
(c) Clean and sanitize restrooms, male and female, to include
mirrors, washbasins, urinals, and commodes, with a combination of cleaners,
disinfectants, and odor preventative, and refill dispensers.
(d)
dispensers.
Furnish and replenish paper towels and toilet paper in all
(e) Clean and polish both sides of all door glass panes as necessary,
where such doors are installed.
(f) Clean and disinfect bowl of drinking fountain.
(2) Weekly: (Or as required)
(a) Dust furniture, fixtures, and clean walls as required.
(b) Furnish and replace bulbs, tubes, ballasts, and starters in all
lighting fixtures as needed.
(c) Spot clean all woodwork.
(3) Monthly:
Wax and buff all vinyl floors except storage and equipment rooms.
Lease No. DTFA07-91-L-01004
ATCT/TRACON/AFSFO Space
Corpus Christi, Texas
(4) Semiannual:
(a) Strip, wax, and buff all vinyl floors.
(b) Shampoo all floor carpets.
(5) As required, but not less than every 4 to 6 weeks:
Clean all windows, including tower cab, inside and outside.
22. UTILITIES AND SERVICES:
The Lessor shall furnish as part of the monetary consideration the following
services and utilities including toilet rooms provided through the Lessor's
owned and maintained facilities:
a. Water: Fresh and potable chilled water through the Lessor's owned and
maintained drinking fountain available to the premises occupied 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 available to the leased premises.
h. Sewage: Plumbing and sewage system adequate to provide waste disposal for
the Lessor's owned and maintained toilet facilities and for waste drains within
the leased premises.
c. Electricity: Replacement of fluorescent light tubes, ballasts, and
starters as required. The Lessor shall dispose of used or replaced fluorescent
light tubes in a safe manner.
d. Waste Disposal: The Lessor shall dispose of all paper or trash collected
and removed from the leased premises.
e. Heating, Air -Conditioning and Mechanical Ventilation: Heating, air-
conditioning, and ventilation systems which are capable of maintaining inside
temperatures in the range from a low of 70 degrees F. during the heating season
to a high of 78 degrees F. at all other times, throughout the occupied premises,
regardless of outside temperatures.
f. Energy Conservation Operating Practices: The following operating
practices shall be followed whenever these settings will result in fuel savings:
Heating Season: During the heating season, temperatures shall be 65 to
68 degrees F.
Air -Conditioning Season: During the air-conditioning season, temperatures
shall he maintained from 78 to 80 degrees F.
Lease No. DTFA07-91-L-01004
ATCT/TRACON/AFSFO Space
Corpus Christi, Texas
At Other Times When Heat or Air -Conditioning is not Required: During these
times, temperatures shall be allowed to vary from 65 to 80 degrees F. Areas
having excessive heat gain or heat loss, or affected by solar radiation at
different times of the day, shall be independently controlled so that the
interior temperature conditions stiuplated can be maintained. Temperatures in
the space will be maintained without drafts and air-conditioning equipment
noises.
23. CHANCE OF RATES FOR JANITORIAL SERVICES AND UTILITIES:
The Lessor shall furnish documentation of the janitorial service and utilities
costs for the initial establishment of the rental rates. The parties shall have
the right to renegotiate these costs herein upon 60 days' advance written notice
prior to any lease term. These costs shall be based on the actual costs
incurred the previous lease year. Any rate so negotiated shall not be in excess
of a rate charged to any customer of the Lessor having similar conditions of
services.
24. ACCESSIBILITY TO PHYSICALLY HANDICAPPED PERSONS:
Handicapped accessibility to leased space (excluding tower cab), restrooms,
drinking fountains, doors, walks, ramps, parking areas, telephone booths,
elevators, and switches and controls in accordance with federal and state
regulations, and National Building Code regulations.
ATC'T/TRACUN/AFJtU J1'itUt:
Corpus Christi, Texas
GENERAL PROVISIONS
U.S. Government Lease for Real Property
1. DEFINITIONS
GENERAL PROVISIONS
have the right to annul this contract without liability or, in its discretion
to deduct from the contract price or consideration, or otherwise recover
the full amount of the contingent fee.
(b) 'Bona fide agency," as used in this clause, means an establisher
commercial or selling agency, maintained by a contractor for the purpose
of securing business, that neither exerts nor proposes to exert improper
influence to solicit or obtain Government contracts nor holds itself out ae
being able to obtain any Government contract or contracts throng/
improper influence.
"Bona tide employee," as used in this clause, means a person
employed by a contractor and subject to the contractor's supervision arc
control as to time, place, and manner of performance, who neither exert:
nor proposes to exert improper influence to solicit or obtain Government
contracts nor holds out as being able to obtain any Government contract
or contracts through improper influence.
"Contingent fee," as used in this clause, means any commission.
percentage, brokerage, or other fee that is contingent upon the sueces:
that a person or concern has in securing a Government contract.
"Improper influence," as used in this clause, means any influence
that induces or tends to induce a Government emloyee or officer to give
consideration or to act regarding a Government contract on any basi
other than the merits of the matter. (FAR 52.203-5) (APR 1984)
8. OFFICIALS Nap 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 arisinf
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
benefit. (FAR 52.203-1) (APR 1984)
(a) The terms "contract" and "Contractor" shall mean "lease" and
"Lessor" respectively.
(b) The abbreviations "FAR" and "CFR" mean "Federal Acquisition
Regulation" and "Code of Federal Regulations" 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
relieved 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 representative 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 will
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 calendar days thereafter; if so terminated, no rent will
accrue to the Lessor after such partial destruction or damage; and if not so
terminated, the rent will be reduced proportionately by supplemental
agreement hereto effective from the date of such partial destruction or
damage.
5. ALTERATIONS
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 property of the Government and may be removed or otherwise
disposed of by the Government. If the lease contemplates that the
Government is the sole occupant of the building, for purposes of this
clause, the leased premises include the land on which the building is sited
and the building itself. Otherwise, the Government shall have the right to
tie into or make any physical connection with any structure located on the
property as is reasonably necessary for appropriate utilization of the
leased space.
6. CoNnmON REPORT
A joint physical survey and inspection report of the demised premises
will be made as of the effective date of this lease, reelecting the then
present conditions, and will be signed on behalf of the parties hereto.
7. COVENANT AGAINST CONTINGENT FEES
(a) The Contractor warrants that no person or agency has been
employed or retained to solicit or obtain this contract upon an agreement
or understanding for a contingent fee, except a bona fide employee or
agency. For breach or violation of this warranty, the Government shall
1
9. ASSIONMF.NT OF CLAIMS
(a) The Contractor, under the Assignment of Claims Act, as amended.
31 USC 3727, 41 USC 15 (hereafter referred to as "the Act"), may assign
its rights to be paid amounts due or to become due as a result of the
performance of this contract to a bank, trust company, or other financing
institutions, including any Federal lending agency. The assignee under
such an assignment 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 participating 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. (FAR 52.232-23) (JAN 1986)
10. GRATUITIES
(a) The right of the Contractor to proceed may be terminated by
written notice if, after notice and hearing, the agency head or 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.
IRF\/ pt/gen
provided in ,the Act, which is applicable to the period during which th
Contracting Officer receives the claim and then at the rate applicable
each 6 -month period as fixed by the Treasury Secretary during th
pendency of the claim.
(h) The Contractor shall proceed diligently with performance of th
contract, pending final resolution of any request for relief, claim, appea
or action arising under the contract, and comply with ony decision of th
Contracting Officer. (FAR 52.233-1) (APR 1984)
14. PROMPT PAYMENT
The Government will make payments under the terms and condition
specified in this clause. Payment shall be considered as being made on th
day a check is dated or an electronic funds transfer is made.
(a) Rental payments. Rent shall be paid in arrears and will be due o
the first workday of each payment period, and only as provided for by th
lease.
(1) When the date for commencement of rent falls on the 15th da
of the month or earlier, the initial rental payment under this contrac
shall become due on the first workday of the month following the period i
which the commencement of the rent is effective.
(2) When the date for commencement of rent falls after the 15th
day of the month, the initial rental payment under this contract shal
become due on the first workday of the second month following the period
in which the commencement of the rent is effective.
(b)Interest Penalty.
(1) An interest penalty shall be paid automatically by the
Government, without request from the Contractor, if payment is not made
by the due date.
(2) The interest penalty shall be at the rate established by the
Secretary of the Treasury under Section 12 of the Contract Disputes Act of
1978 (41 U.S.C. 611) that is in effect on the payment date. This rate is
referred to as the "Renegotiation Board Interest Rate," and it is published
in the Federal Register semiannually on or about January 1 and July I.
The interest penalty shall accrue daily on the payment amount approved
by the Government and be compounded in 30 -day increments inclusive
from the first day after the due date through the payment date.
(3) Interest penalties will not continue to accrue after the filing of a
claim for such penalties under the clause at 52.233-1, Disputes, or for more
than 1 year. Interest penalties of less than $1.00 need not be paid.
(4) Interest penalties are not required on payment delays due to
disagreement between the Government and Contractor over the payment
amount or other issues involving contract compliance or on amounts
temporarily withheld or retained in accordance with the terms of the
contract. Claims involving disputes, and any interest that may be •payable,
will be resolved in accordance with the clause at 52.233-1, Disputes. (FAR
52.232-25) (APR 1989)
e 16. TERMINATION – POLYCHLORINATED BIPIIRNYI.s (PCBs), ASBESTOS, OR Gnifor HAZARDOUS MATERIALS
e If it is discovered that PCBs, asbestos, or other hazardous materials al
Is
present, the Government reserves the right to require the Lessor, at t
cost to the Government, to remove such materials present in the buildin
i' in accordance with EPA regulations, or alternately the Government ma
° terminate the lease. This is in addition to other remedies available to ti -
Government.
17. NOTIFICATION OF PCB HAZARDOUS CONDITION
s The Lessor shall promptly notify the Contracting Officer and the tenor
e agency official of any leaks, spills, or other hazardous conditions whic
involve PCBs in any area of the building.
n
e 18. FAILURE IN PERFORMANCE
The covenant to pay rent and the covenant to provide any service
tutility, maintenance, or repair required under this lease are dependent. II
the event of failure by the Lessor to provide any of these items, th
n Government may by contract or otherwise perform the service, mainte
nance, utility, or repair, and charge to the Lessor any cost incurred by tin
Government that is related to the performance of such service
maintenance, etc., including any administrative costs, and deduct sucl
cost from any rental payments. Alternately, the Government may reduct
rental payments by the corresponding value of the contract requiremew
not performed, as determined by the Contracting Officer. These remedies
are not exclusive and are in addition to any other remedies which may bl
available under this contract or in the law.
19. LESSOR'S SUCCESSORS
The terms and provisions of this lease and the conditions herein bind
the Lessor and the Lessor's heirs, executors, administrators, successors,
and assignees.
15. 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
premises and the building or any part thereof, upon reasonable and
proper notice, must be accessible for inspection by the Contracting Officer,
or by architects, engineers, or other technicians representing him, to
determine whether the essential requirements of the solicitation or the
lease requirements are met. Additionally, the Government reserves the
right, upon reasonable notice, to:
(a) inspect and perform bulk sampling and analysis of suspected
asbestos -containing materials:
(b) monitor the air for asbestos fibers in the space offered or under
lease as well as other areas of the building deemed necessary by the
Contracting Officer;
(c) inspect the premises for any leaks, spills, or other potentially
hazardous conditions which may involve tenant exposure to hazardous or
toxic substances (e.g. PCBs);
(d) inspect the site upon which the space is offered for any current or
past hazardous waste operations, and ensure that appropriate mitigative
actions were taken to alleviate any environmentally unsound activities in
accordance with Federal, state, and local regulations
3
20. PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA
(a) If any price, including profit or fee, negotiated in connection with
this contract, or any cost reimbursable under this contract, was increased
by any significant amount because (1) the Contractor or a subcontractor
furnished cost or pricing data that were not complete, accurate, and
current as certified in its Certificate of Current Cost or Pricing Data, (2) a
subcontractor or prospective subcontractor furnished the Contractor cost
or pricing data that were not complete, accurate, and current as certified
in the Contractor's Certificate of Current Cost or Pricing Data, or (3) any
of these parties furnished data of any description that were not accurate,
the price or cost shall be reduced accordingly and the contract shall be
modified to reflect the reduction.
(b) Any reduction in the contract price under paragraph (a) above due
to defective data from a prospective subcontractor that was not
subsequently awarded the subcontract shall be limited to the amount, plus
applicable overhead and profit markup, by which (1) the actual
subcontract or (2) the actual cost to the Contractor, if there was no
subcontract, was less than the prospective subcontract cost estimate
submitted by the Contractor; provided, that the actual subcontract price
was not itself affected by defective cost or pricing data.
(c)(1) If the Contracting Officer determines under paragraph (a) of this
clause that a price or cost reduction should be made, the Contractor agrees
not to raise the following matters as a defense —
(i) The Contractor or subcontractor was a sole source supplier or
otherwise was in a superior bargaining position and thus the price of the
contract would not have been modified even if accurate, complete, and
current cost or pricing data had been submitted;
(ii) The Contracting Officer should have known that the cost or
pricing data in issue were defective even though the Contractor or
subcontractor took no affirmative action to bring the character of the data
to the attention of the Contracting Officer.
(iii) The contract was based on an agreement about the total cost
of the contract and there was no agreement about the cost ofeach it
procured under the contract; or em
in conspicuous places available to employees and applicants for employ-
ment.
(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 IEE(4-1), 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
Compliance Programs (OFCCP) for the purpose of investigation to
ascertain the Contractor's compliance with the applicable rules, regula-
tions, and orders.
(9) If the OFCCP determines that the Contractor is not in
compliance 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 inay 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 haw.
(10) The Contractor shall include the terms and conditions of
subparagraph (bill) through (11) of this clause in every subcontract or
purchase order that is not exempted by the rules, regulations, or orders of
the Secretary of Labor issued under Executive Order 11246, as :amended,
so that these terms and conditions will be binding upon each subcontrac-
tor or vendor.
1111 The Contractor shall take each action with respect to subcon-
tract or purchase order as the contracting agency may direct as a means of
enforcing these terms and conditions, including sanctions for noncompli-
ance; 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
the 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 CFIt 60.1.1.
(FAR 52.222-26) (APR 1984)
24. UTILIZATION OF SMALL BUSINESS CONCERNS AND SMAI,I. DISADVANTAGED BUSINESS
CONCERNS
(Applicable to leases which exceed $10,000.)
(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 practi-
cable opportunity to participate in performing contracts let by any
Federal agency, including contracts and subcontracts for subsystems,
assemblies, components, and related services for major systems. It is
further the policy of the United States that its prime contractors establish
procedures to ensure the timely payment of amounts due pursuant to the
terms of their subcontracts with small business concerns and small
business concerns owned and controlled by socially and economically
disadvantaged individuals.
(b) The Contractor hereby agrees to carry out this policy in the
awarding of subcontracts to the fullest extent consistent with efficient
contract performance. The Contractor further agrees to cooperate in any
studies or surveys as may be conducted by the United States Small
Business Administration or the awarding agency of the United States as
may be necessary to determine 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 disadvantaged individuals" shall mean a small business
concern (1) which is at least 51 percent unconditionally owned by one or
more socially and economically disadvantaged individuals; or, in the case
5
of any publicly owned business, at least 51 per centum of we stock o'
which is unconditionally owned by one or more socially and economically
disadvantaged individuals; and (2) whose management and daily busines(
operations are controlled by one or more of such individuals. This terrr
also means a small business concern that is at least 51 percem
unconditionally owned by an economically disadvantaged Indian tribe of
Native Hawaiian Organization, or a publicly owned business having of
least 51 percent of its stock unconditionally owned by one of these entities
which has its management and daily business controlled by members o:
an economically disadvantaged Indian Tribe or Native Hawaiian Organi
nation, and which meets the requirements of 13 CFR 124. The Contractor
shall presume that socially and economically disadvantaged individual:
include Black Americans, Hispanic Americans, Native Americans
Asian -Pacific Americans, Subcontinent Asian Americans, and other
minorities, or any other individual found to be disadvantaged by the
Administration pursuant to section 8(a) of the Small Business Act. Tilt
Contractor shall presume that socially and economically disadvantage(
entities also include Indian Tribes and Native Hawaiian Organizations.
(d) Contractors acting in good faith may rely on written representa
tions by their subcontractors regarding their status as either a smal
business concern or a small business concern owned and controlled be
socially and economically disadvantaged individuals. (FAR 52.219-8) (FEf
19901
25. AFFIRMATIVE AcrioN FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS
(Applicable to leases which exceed $10,000.)
(a) Definitions.
"Appropriate office of the State Employment Service System," a:
used in this clause, means the local office of the Federal -State nations
system of public employment offices assigned to serve the area where the
employment opening is to be filled, including the District of Columbia
Guam, Puerto Rico, Virgin Islands, American Samoa, and the Trus'.
Territory of the Pacific Islands.
"Openings that the Contractor proposes to full from within its owr
organization," as used in this clause, means employment openings for
which no one outside the Contractor's organization (including any
affiliates, subsidiaries, and the parent companies) will be considered an(
includes any openings that the Contractor proposes to fill from regularly
established "recall" lists.
"Openings that the Contractor proposes to fill under a customer
and traditional employer -union hiring arrangement," as used in thin
clause, means employment openings that the contractor proposes to fir
from union halls, under their customary and traditional ernployer-unior
hiring relationship.
"Suitable employment openings," as used in this clause —
(1) Includes, but is not limited to, openings that occur in job:
categorized as —
(i) Production and nonproduction;
(ii) Plant and office;
)iii) Laborers and mechanics;
(iv) Supervisory and nonsupervisory;
(v) Technical; and
(vi) Executive, administrative, and professional positions compen
sated on a salary basis of less than $25,000 a year, and
(2) Includes full-time employment, temporary employment of over
days, and part-time employment, but not openings that the Contractor
proposes to fill from within its own organization or under a customary an('
traditional employer -union hiring arrangement, nor openings in an
educational institution that are restricted to students of that institution.
(b) General.
(1) Regarding any position for which the employee or applicant for
employment is qualified, the Contractor shall not discriminate against the
individual because the individual is a special disabled or Vietnam era
veteran. The Contractor agrees to take affirmative action to employ
advance in employment, and otherwise treat qualified special disabled and
Vietnam era veterans without discrimination based upon their disability
or veterans' status in all employment practices such as:
(i) Employment;
tii) Upgrading;
(REV. 8/90)
(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.
(d) The Contractor may rely on written representations by its
subcontractors regarding their status as women -owned small businesses.
(FAR 52-219-13) (AUG 1986)
28. DRUG-FREE WORKPLACE
(Applicable to leases which equal or exceed $25,000.)
(a) Definitions. As used in this clause,
"Controlled substance" means a controlled substance in schedules
I through V of Section 202 of the Controlled Substances Act (21 U.S.C. 812)
and as further defined in regulation at 21 CFR 1308.11 — 1308.15.
"Conviction" means a finding of guilt (including a plea of nolo
contendere) or imposition of sentence, or both, by any judicial body
charged with the responsibility to determine violations of the Federal or
State criminal drug statutes.
"Criminal drug statute" means a Federal or non -Federal criminal
statute involving the manufacture, distribution, dispensing, possession or
use of any controlled substance.
"Drug-free workplace" means the site(s) for the performance of
work done by the Contractor in connection with a specific contract at
which employees of the Contractor are prohibited from engaging in the
unlawful manufacture, distribution, dispensing, possession, or use of a
controlled substance.
"Employee" means an employee of a Contractor directly engaged
in the performance of work under a Government contract. "Directly
engaged" is defined to include all direct cost employees and any other
Contractor employee who has other than a minimal impact or involve-
ment in contract performance.
"Individual" means an offeror/contractor that ha; no more than
one employee including the offeror/contractor.
(b) The Contractor, if other than an individual, shall — within 30
calendar days after award (unless a longer period is agreed to in writing
for contracts of 30 calendar days or more performance duration); or as
soon as possible for contracts of less than 30 calendar days performance
duration —
(1) Publish a statement notifying its employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a controlled
substance is prohibited in the contractor's workplace and specifying the
actions that will be taken against employees for violations of such
prohibition;
(2) Establish an ongoing drug-free awareness program to inform
such employees about —
(i) The dangers of drug abuse in the workplace;
(ii) The contractor's policy of maintaining a drug-free workplace;
(iii) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(iv) The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace.
(3) Provide all employees engaged in performance of the contract
with a copy of the statement required by subparagraph (b).L of this
clause;
(4) Notify such employees in writing in the statement required by
subparagraph (b)(1) of this clause that as a condition of continued
employment on this contract, the employee will —
(i) Abide by the terms of the statement; and
(ii) Notify the employer in writing of the employee's conviction
under a criminal drug statute for a violation occurring in the workplace
no later than 5 calendar days after such conviction.
(5) Notify the Contracting Officer in writing within 10 calendar
days after receiving notice under subdivision (a)(4)(ii) of this clause, from
an employee or otherwise receiving actual notice of such conviction. The
notice shall include the position title of the employee;
(6) Within 30 calendar days after receiving notice under subdivision
(bX4Xii) of this clause of a conviction, take one of the following actions
with respect to any employee who is convicted of a drug abuse violation
occurring in the workplace:
7
(i) Taking appropriate personnel action against such employee,
up to and including termination; or
(ii) Require such employee to satisfactorily participate in a drug
abuse assistance or rehabilitation program approved for such purposes by
a Federal, State, or local health, law enforcement, or other appropriate
agency.
(7) Make a good faith effort to maintain a drug-free workplace
through implementation of subparagraphs (b)(1) through (b)(6) of this
clause.
(c) The Contractor, if an individual, agrees by award of the contract or
acceptance of a purchase order, not to engage in the unlawful
manufacture, distribution, dispensing, possession, or use of a controlled
substance in the performance of this contract.
(d) In addition to other remedies available to the Government, the
Contractor's failure to comply with the requirements of paragraphs Ib) or
(c) of this clause may, pursuant to FAR 23.506, render the Contractor
subject to suspension of contract payments, termination of the contract for
default, and suspension or debarment. (FAR 52.223-6) (JUL 1990)
29. PROTECTING THE GOVERNMENTS INTEREST WHEN SUBCONTRACTING WITH COmTAC
TORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT
(Applicable to leases which exceed $25,000)
(a) The Government suspends or debars Contractors to protect the
Government's interests. Contractors shall not enter into any subcontract
equal to or in excess of $25,000 with a Contractor that has been debarred.
suspended, or proposed for debarment unless there is a compelling reason
to do so. If a contractor intends to subcontract with a party that is
debarred, suspended, or proposed for debarment (see FAR 9.404 for
information on the list of Parties Excluded from Procurement Programs).
a corporate officer or designee of the Contractor shall notify the
Contracting Officer, in writing, before entering into such subcontract. The
notice must include the following:
(1) The name of the subcontractor;
(2) The Contractor's knowledge of the reasons for the subcontractor
being on the list of Parties Excluded from Procurement Programs;
(3) The compelling reason(s) for doing business with the subcontrac-
tor notwithstanding its inclusion on the list of Parties Excluded from
Procurement Programs; and
(4) The systems and procedures the Contractor has established to
ensure that it is fully protecting the Government's interests when dealing
with such subcontractor in view of the specific basis for the party':-
debarment,
arty'=debarment, suspension, or proposed debarment.
(b) The Contractor's compliance with the requirements of 52.209-6 will
be reviewed during Contractor Purchasing System Reviews (see FAR
Subpart 44.3). (FAR 52.209-6) (MAY 1989)
30. CLEAN AM AND WATER
(Applicable to leases which exceed $100,000.)
(a) "Air Act," as used in this clause, means the Clean Air Act (42 USC
7401 et seq.). "Clean air standards," as used in this clause, means —
(1) Any enforceable rules, regulations, guidelines, standards, limiter
tions, orders, controls, prohibitions, work practices, or other requirements
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 USC 7410(d));
(31 An approved implementation procedure under section 111(c) or
section 111(d) of the Air Act (42 USC 7411(c) or (di; or
(4) An approved implementation procedure or plan under section
112(d) of the Air Act (42 USC 7412(d)).
"Clean water standards," as used in this clause, means anv
enforceable limitation, control, condition, prohibition, standard, or othei
requirement promulgated under the Water Act or contained in a permit
issued to a discharger by the Environmental Protection Agency or by
State under an approved program, as authorized by section 402 of thr
Water Act (33 U.S.C. 1342), or by local government to ensure compliance
with pretreatment requisitions as required by section 307 of the Water
Act (33 USC 1317).
IRFV s/90!
IBI . For purposes of subdivision (b)(3)(0(A) of this clause,
providing any information specifically requested by an agency or Congress
is permitted at any time.
(C) The following agency and legislative liaison activities are
permitted at any time where they are not related to a specific solicitation
for any covered Federal action:
ID Discussing with an agency the qualities and characteris-
tics (including individual demonstrations) of the person's products or
services, conditions or terms of sale, and service capabilities.
(2) Technical discussions and other activities regarding the
application or adaptation of the person's products or services for an
agency's use.
(D) The following agency and legislative liaison activities are
permitted where they are prior to formal solicitation of any covered
Federal action —
R) Providing any information not specifically requested but
necessary for an agency to make an informed decision about initiation of
a covered Federal action;
(2) Technical discussions regarding the preparation of an
unsolicited proposal prior to its official submission; and
(3l Capability presentations by persons seeking awards from
an agency pursuant to the provisions of the Small Business Act, as
amended by Pub. L. 95-507, and subsequent amendments.
(E) Only those services expressly authorized by subdivision
tbx3$iXA) of this clause are permitted under this clause.
(ii) Professional and technical services.
IAI The prohibition on the use of appropriated funds, in
subparagraph Ib(I) of this clause, does not apply in the case of —
(ll A payment of reasonable compensation made to an
officer or employee of a person requesting or receiving a covered Federal
action or an extension, continuation, renewal, amendment, or modifica-
tion of a covered Federal action, if payment is for professional or technical
services rendered directly in the preparation, submission, or negotiation of
any bid. proposal, or application for that Federal action or for meeting
requirements imposed by or pursuant to law as a condition for receiving
that Federal action.
(2) Any reasonable payment to a person, other than an
officer or employee of a person requesting or receiving a covered Federal
action or an extension, continuation, renewal, amendment, or modifica-
tion of a covered Federal action if the payment is for professional or
technical services rendered directly in the preparation, submission, or
negotiation of any bid, proposal, or application for that Federal action or
for meeting requirements imposed by or pursuant to law as a condition for
receiving that Federal action. Persons other than officers or employees of
a person requesting or receiving a covered Federal action include
consultants and trade associations.
(B) For purposes of subdivision (b)(3)(ii)(A) of this clause,
"professional and technical services" shall be limited to advice and
analysis directly applying any professional or technical discipline. For
example, drafting of a legal document accompanying a bid or proposal by
a lawyer is allowable.
Similarly, technical advice provided by an engineer on the
performance or operational capability of a piece of equipment rendered
directly in the negotiation of a contract is allowable. However,
communications with the intent to influence made by a professional (such
as a licensed lawyer) or a technical person (such as a licensed accountant)
are not allowable under this section unless they provide advice and
analysis directly applying their professional or technical expertise and
unless the advice or analysis is rendered directly and solely in the
preparation, submission or negotiation of a covered Federal action. Thus,
for example, communications with the intent to influence made by a
lawyer that do not provide legal advice or analysis directly and solely
related to the legal aspects of his or her clients' proposal, but generally
advocate one proposal over another are not allowable under this section
because the lawyer is not providing professional legal services. Similarly,
communications with the intent to influence made by an engineer
providing an engineering analysis prior to the preparation or submission
of a bid or proposal are not allowable under this section since the engineer
is providing technical services but not directly in the preparation,
submission or negotiation of a covered Federal action.
9
(C) Requirements imposed by of pursuarit to law as a conditim
for receiving a covered Federal award include those required by law o
regulation and any other requirements in the actual award documents.
(D) Only those services expressly authorized by subdivision.
(b)(3)1ii)(A)(17 and (2) of this clause are permitted under this clause.
(E) The reporting requirements of FAR 3.803(a) shall not appl:
with respect to payments of reasonable compensation made to regularl;
employed officers or employees of a person.
(iii) Disclosure.
(A) The Contractor who requests or receives from an agency
Federal contract shall file with that agency a disclosure form, OMI
standard form LLL, Disclosure of Lobbying Activities, if such person ha-
made or has agreed to make any payment using nonappropriated funds (U
include profits from any covered Federal action), which would b'
prohibited under subparagraph (b)(1) of this clause, if paid for wit!
appropriated funds.
(B) The Contractor shall file a disclosure form at the end o
each calendar quarter in which there occurs any event that materialb
affects the accuracy of the information contained in any disclosure Corn
previously filed by such person under subparagraph (c)(1) of this clause
An event that materially affects the accuracy of the information reporter
includes —
(1) A cumulative increase of $25,000 or more in the amount
paid or expected to be paid for influencing or attempting to influence
covered Federal action; or
(2) A change in the person(s) or individual(s) influencing 01
attempting to influence a covered Federal action; or
(3) A change in the officer(s), employee(s), or Member(s
contacted to influence or attempt to influence a covered Federal action.
(C) The Contractor shall require the submittal of a certifica-
tion, and if required, a disclosure form by any person who requests 01
received any subcontract exceeding $100,000 under the Federal contract.
(D) All subcontractor disclosure forms (but not certifications
shall be forwarded from tier to tier until received by the prime Contractor.
The prime Contractor shall submit all disclosures to the Contracting
Officer at the end of the calendar quarter in which the disclosure form L
submitted by the subcontractor. Each subcontractor certification shall be
retained in the subcontract file of the awarding Contractor.
(iv) Agreement. The Contractor agrees not to make any payment
prohibited by this clause.
(v) Penalties.
(A) Any person who makes an expenditure prohibited under
paragraph (a) of this clause or who fails to file or amend the disclosure
form to be filed or amended by paragraph (b) of this clause shall be subject
to civil penalties as provided for by 31 U.S.C. 1352. An imposition of a civil
penalty does not prevent the Government from seeking any other remedy
that may be applicable.
(B) Contractors may rely without liability on the representa-
tion made by their subcontractors in the certification and disclosure form.
(vi) Cost allomability. Nothing in this clause makes allowable or
reasonable any costs which would otherwise be unallowable or unreason-
able. Conversely, costs made specifically unallowable by the requirements
in this clause will not be made allowable under any -other provision. (FAR
52.203-12) (JAN 1990)
32. SUBCONTRACTOR COST Os PRICING DATA
(Applicable to leases expected to exceed $100,000.)
(a) Before awarding any subcontract expected to exceed $100,000
when entered into, or before pricing any subcontract modification
involving a pricing adjustment expected to exceed $100,000, the
Contractor shall require the subcontractor to submit cost or pricing data
(actually or by specific identification in writing), unless the price is —
(1) Based on adequate price competition;
(2) Based on established catalog or market prices of commercial
items sold in substantial quantities to the general public; or
(3) Set by law or regulation.
(b) The Contractor shall require the subcontractor to certify in
substantially the form prescribed in Subsection 15.804-4 of the Federal
Acquisition Regulation (FAR) that, to the best of its knowledge and belief,
In rr r n In nr
33. REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY - MODIFICATION
(This provision applies to leases with a contract value exceeding
$100,000.)
(a) Definitions. The definitions set forth in FAR 3.104-4 are hereby
incorporated in this clause.
(b) The Contractor agrees that it will execute the certification set
forth in paragraph (c) of this clause, when requested by the Contracting
Officer in connection with the execution of any modification of this contract.
(c) Certification. As required in paragraph (b) of this clause, the
officer or employee responsible for the modification proposal shall execute
the Certificate of Procurement Integrity, attached hereto and made a part
hereof.
(d) In making the certification in paragraph (2) of the certificate, the
officer or employee of the competing Contractor responsible for the offer or
bid, may rely upon a one-time certification from each individual required to
submit a certification to the competing Contractor, supplemented by periodic
training. These certifications shall be obtained at the earliest possible
date after an individual required to certify begins employment or association
with the contractor. If a contractor decides to rely on a certification
executed prior to the suspension of section 27 (i.e., prior to December 1,
1989), the Contractor shall ensure that an individual who has so certified is
notified that section 27 has been reinstated. These certifications shall be
maintained by the Contractor for a period of 6 years from the date a
certifying employee's employment with the company ends or, for an agency,
representative, or consultant, 6 years from the date such individual ceases to
act on behalf of the Contractor.
(e) The certification required by paragraph (c) of this clause is a
material representation of fact upon which reliance will be placed in
executing this modification. (FAR 52.203-9) (NOV 1990)
11
(REV. 12/90)
Lease No. DTFA07-91-L-01004
ATCT/TRACON/AFSFO Space
Corpus Christi, Texas
CORPORATE CERTIFICATE
I, , certify that I am the
of the Corporation named in the foregoing agreement, that
who signed said agreement on behalf of said corporation, was then
thereof, that said agreement 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
CORPORATE SEAL
day of 19
Signed by
M
IL 1 <rCWruiveh
Leaes No. DTFA07-91-r 004
ATCT/TRACON/AFSFO Sp
Corpus Christi, Texas
II
u'+PINI SHED sp.acE
ne..uw - .. e..ur
op,..+µ..n^+ty �'
uNr1Nls{{cy srace
Cdr
r -c2
9
•
•
PIR 6-r FLOOR PLAPI
Lease No. DTFA0/-91-1 '004
ATCT/TRACON/AFSFO Sp
Corpus Christi, Texas
3ECoNC
ATCT/TRACON/AFSFO SFr
Corpus Christi, Texat
:*Break room
320B
Conference
7('0A
Reference Rm.
312
Ne.v/Com
2109
•
Comm. E?ui P.
3%0
Computer Rm.
13
0
T
a Radar '=:upvr
310
Tech. Trn9 Rm
315
Admin.
314
Computer Area
'_tOr a.;e
07A
:+:Comm. EnuiF.
0n
*AF =: t o r
118
+=:Fp Mana.eer
72.04
Asst
Mer.
40
Pr osrams
Asst.
Mar. Pros
419
a.ms
L
or as elf _•torasel
7 1418
\
N,J
AT Support Staff
416A
orae
415M
St°ra3e St or ase
422 423
ri
onferen-e Room
424
ATCT/TRACON/AFSFO Space
Corpus Christi, Texas
Admin.
Officer
40R
COPY Room
409
u-�
0
T
0
di I
Dn g
Asst.
AT Mar.
407
Cr
Corridor 41,E
MGL'iiAP4 Cek L,y.ant
Secreta.r.
411
ecreta.rr
411A
+:AF '=;t0ra.ae
414 t -- --
(Future AT Training)
*St ora.9e
415
:+:AF Stora.9e
414A
(Future AT Training)
1
r o u 1-; T ►-4 FLOOR F'L.A.I
1
-
*:Stora.9e
41A
+ATOT
Ma.raiei.
412
ATCT/TRACON/AFSFO Sp
Corpus Christi, Texa.
r .1
VEST
4T) a 1. c h 506. i I
/
tri' E.) 111
IFP Room
.507
504
IJ
E:su i
F. Rm.
F,OF,
4,ATOT Rad er.T-r
W1-1 t e Rm 514
*A
Break Room
517
p yr nor:.,JC1t r +,
r
47::)7"
Locker
o om
518
*AT
520Re d Room 1-
tI
Fr qc
. set tteta 1
F. .•e
:,edge ivu. uIrtit) /—v1-1,—uL
ATCT/TRACON/AFSFO Space
Corpus Christi, Texas
n'e_•e.e
r fl F.r
Crri..r Fe.q /v 4.4 Oa
L_.c v, @. 0.fr Hr✓ -r C.<xr
8[O
a[a.
.w C[.. .,q h. -y cc...r L,.,r.,.y
7 CN Y.o ,,. E Linn AryC.+e
B.r f..m CF nilfrk fr
0 Clwrte Cc Lao o4
ee•rc S :,.n•r
re h7e oia D.,....
Ct19 Fi oo,e Pq,.,
Lease No. DTFA07-91-L-01126
Corpus Christi, Texas
FEDERAL AVIATION ADMINISTRATION
AGREEMENT
for
OPERATION OF AIRPORT TRAFFIC CONTROL TOWER BY THE FAA
THIS AGREEMENT made this day of , 19 by and
between THE CITY OF CORPUS CHRISTI, TEXAS, hereinafter called the City, and the
United States of America, acting by and through the FEDERAL AVIATION
ADMINISTRATION, hereinafter called the FAA, WITNESSETH THAT:
WHEREAS, it is in the public interest that the Airport Traffic Control Tower at
Corpus Christi, Texas be operated by the FAA in accordance with standards
established by the FAA.
NOW THEREFORE, for and in consideration of the operation of the Airport Traffic
Control Tower at Corpus Christi International Airport, Corpus Christi, Texas, by
the FAA, subject to the availability of funds therefor, the City agrees to the
following conditions:
1. City shall provide a control tower structure meeting FAA standards and
shall lease such tower to the Government.
2. The City shall include in the lease to the FAA the use of all traffic
control equipment presently available.
3. The control tower structure shall be properly maintained by the City.
4. The City shall pay for all current for boundary, flood, and obstruction
lights, even though these lights may he operated by a federal controller in the
control tower.
5. All airport lighting which is essential to safe aircraft operations and
which can be controlled from the control tower and all traffic control devices
which are designed to he remotely controlled, shall be under the control of
federal employees in the control tower.
6. The City shall retain the responsibility for the proper functioning of any
light or other locally installed device which is placed at the disposal of
federal airport traffic controllers.
7. The City shall retain the responsibility for the proper functioning of
apparatus, necessary for traffic control, which cannot he placed in operation or
controlled from the control tower, or which is not otherwise operated by the
FAA.
8. The City shall advise the chief airport traffic controller of any portions
of the field which may he unsafe for normal use by aircraft and shall properly
nark such areas.
Lease No. DTFA07-91-L-01126
Corpus Christi, Texas
9. The City shall assure responsibility for any conditions on the airport
which are not subject to control of a federal airport traffic controller on duty
in the tower.
10. The FAA shall have complete control over the operation of the control tower
at all times and shall not be subject to the direction or supervision of the
City in that respect.
11. The City shall notify the chief airport traffic controller or his
representative before any maintenance or construction personnel are sent out on
the landing area unless such personnel are proceeding in accordance with a
schedule which has been approved by the chief airport traffic controller.
12. Insofar as the FAA is concerned from a traffic standpoint, the City may
reserve any portion of the landing area for any reason that it may deem proper
or sufficient for as long a period as the City desires, provided that any such
�9 T38 SU1i1l he nrnnerly imr,OA .,4P -.,..t ..,.r ... .. ......... ..t
the foregpipg ordi nce ryas read for the first time and passed to its second reading on this thk
day of r� 19 ` ( I, by the following vote:
Betty N. Turner /(ICty_J Edward A. Martin_ftG
Cezar Galindo ( ? 2- Joe McComb /,i
Leo Guerrero 6L Clif Moss i '
Tom Hunt /6_4_7_
' 6_' 7_ Mary Rhodes (l l i
Frank Schwing, Jr. C__„r _
That the foregoin ordinance was read for the second time and passed to its third reading on this the
(t- day of �. t - ; , 19 (ii ( , by the following vote:
Betty N. Turner (L 1 .( Edward A. Martin y ,
Cezar Galindo 0 1 )(. Joe McComb (771/ ,
Leo Guerrero (1 1/ Clif Moss (7 L )( •
Tom Hunt ii / 31- Mary Rhodes (C 1.- )(,
Frank Schwing, Jr. (Y'. L VV ,
That the foregoing ordinance was read for the third time and passed finally on this the /'F day of
-)•,i�,�q ti , 19R I , by the following vote:
Betty N. Turner
Cezar Galindo
Leo Guerrero
Tom Hunt
PASSED AND APPROVED, this the
ATTEST:
/
City Secretary
APPROVED:
DAY OF( .1/) , , , 19 7 / :
JAMES R. BRAY, INTERIM CITY By- hut-)utivo`b
Assistant City torney
Edward A. Martin
Joe McComb
Clif Moss 4.412
Mary Rhodes
Frank Schwing, Jr.
day of )I- „J ,19q.
MAYO
THE CITY -8F CORPUS CHRISTI
021160
PUBLISHER'S AFFIDAVIT
State of Texas,
County of Nueces } ss:
CITY OF CORPUS CHRISTI
Ad #34822
PO #
Before me, the undersigned, a Notary Public, this day personally
came Rosie A. Mendez, who being first duly sworn, according to
law, says that she is Advertising Receivables Supervisor of the
Corpus Christi Caller -Times, a daily newspaper published at
Corpus Christi in said County and State, generally circulated in
Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim
Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San
Patricio, Victoria, and Webb Counties, and that the publication
of NOTICE OF PASSAGE OF ORDINANCE NO. 021160 AUTHORIZING THE CITY
which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 21st day of May 1991.
One Time(s)
$ 40.50
at )111 �
Advertising Receivabl Supervisor
Subscribed and sworn to before me this 3rd day
of June , 1991.
OQbra UdOn_tgectS
Notary Public, Nueces County, Texas
My commission expires on
•
'3 44 ,C7?co`-1°`c_u�'-''�mcs$?'6
PUBLISHER'S AFFIDAVIT
Acct. # 0053-18438
State of Texas, ] CITY OF CORPUS CHRISTI
County of Nueces ] ss: Ad # 2171
PO #
Before me, the undersigned, a Notary Public, this day personally came
Annette Mendoza, who being first duly sworn, according to law, says
that she is an Accounting Clerk of the Corpus Christi Caller -
Times, a daily newspaper published at Corpus Christi in said County
and State, generally circulated in Aransas, Bee, Brooks, Cameron,
Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live
Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and
that the publication of "NOTICE OF PASSAGE OF ORDINANCE ON FIRST"
of which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 14th day of April 19 91 , and each
day thereafter for 0 consecutive day(s).
1 Times
$ 40.50 Accouti
S°lmq ar}d+gn�t
p before
DEBRA UVIILLARREEALL
Notary Public, Nueces County, Texas
My commission expires on 4-24-93
ing Clerk
me this 2nd day of May
, 1991.
PUBLISHER'S AFFIDAVIT
Acct. # 0053-18438
State of Texas, ]CITY OF CORPUS CHRISTI
County of Nueces ] ss: Ad # 73298
PO #
Before me, the undersigned, a Notary Public, this day personally came
Annette Mendoza, who being first duly sworn, according to law, says
that she is an Accounting Clerk of the Corpus Christi Caller -
Times, a daily newspaper published at Corpus Christi in said County
and State, generally circulated in Aransas, Bee, Brooks, Cameron,
Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live
Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and
that the publication of "NOTICE OF PASSAGE OF ORDTNANCF. ON srrnNn"
of which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 21st day of April 19 ai , and each
day thereafter for 0 consecutive day(s).
1 Times �
$ 41.85 Accounting Clerk �I
S n t d a refore me this 2nd day of
DEBRA VILLARREAL
Notary Public. Nueces Cnunty. Taxan
May , 19_91.
NOT PASSAGE b'
OF NCE ON c'
T ADING
AUTHORIZING THE CITY e
MANAGER TO. EXECUTE t
LEASE AGREEMENT s
DTFA07-9ta01004 BE- s
TWE WE FEDERAL r
AVIA 'ssRw INISTRATION
a CHRtirri THE AIR AIR TRAF-
e FIC CONTROL TOWER. AT
CORPUS CHRISTI INTERNA- !
y TIONA4 AIRPORT; AND
PRDVtl FOR - PUBUCA-
9 TION: t of lease ie ten !
years with remuneration to '
El ohs City Of S11,269.39 per
month, 136,239,00 annually
A of the lease
is n
Citys office.
,ThS ordinance was passed
and approved on first reeding 1
by the Cay Council of the City 1
r of Corpus Christi, Texn on ,
the 901 day of April. 1961. ,
s/ Armando Chaps
City Secretary
City of Corpus Christi
9E THECI
T€
DTFALS1 4EMEBET
T WfrSN
BE -
AWAY g0MI1+A$TRq 1 'N k
cA RLSTGI T 'tQQF CORPUS
Fig"ity,AIR TRAF-
Cf7RPU WER AT
I
IONA€ROVIDg�G'° ORT. AND
ICA -
TION, term of tease is .ten
t years with - remptlatation. to
h the.City of $14,21111139 per
month, $135,231.011 annually
A copy of the lasso
is on file in the
City Secretary's eMfice.
The ordinance:wee passed
and approded' On second
reading by the City DOuncil of
the City of Carpus Christi,
Texas on the 18th day of
April, 199E
/s/ Armando Chapa
Qty Secretary
City of Corpus Ch t