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Res 234-84 12/4/1984RESOLUTION NO. AP1-47 RESOLUTION APPROVING MODIFICATION NUMBER F41612-78-D0003 P0.0004 OF CONTRACT NUMBER F41612-78-D0003 BETWEEN THE CITY OF WICHITA FALLS AND THE UNITED STATES, WHICH IS A CONTRACT FOR PROVIDING WATER TO SHEPPARD AIR FORCE BASE , TO ESTABLISH A NEW RATE STRUCTURE FOR SUCH WATER SERVICE, AND MAKING OTHER MINOR CHANGES IN SUCH CONTRACT . WHEREAS, heretofore the United States and the City of Wichita Falls entered into Contract No. F41612-78-D0003 dated November 1 , 1975, providing for the sale of treated water by the City to Sheppard Air Force Base , to which contract three modifications have been made; and, WHEREAS , such contract provides for renegotiation of rates when there is reasonable cause therefore; and, WHEREAS, the latest cost of service study indicates that the rate for Sheppard Air Force Base should be increased from $0.36 per consumption (100 cubic feet) to $0 . 4924 per consumption; and, WHEREAS, Sheppard Air Force Base desires to update some of the contract terminology; and, WHEREAS, the Contracting Officer for the United States and the City Council have determined that such contract should be modified to reflect these changes in the rates and terminology. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT : That certain Modification No. F41612-78-D0003 P00004 , a copy of which is attached hereto, between the United States of America and the City of Wichita Falls , is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED this the 4th day of December, 1984 . A Y 0 R ATTEST: Z 414__ / ' r -4161144- City Clerk EXCEPTION TO SF 30. APPROVED BY NARS 5/79 1.CONTRACT ID CODE PAGE OF PACMS AfirKetantiTCDECAMACRAIKIN 1MOD!FtCATION OF CONTRACT 1 10 2.AMENOMENT/MODIFICATION NO. 3.EFFECTIVE DATE 4.REQUISITION/PURCHASE REQ.NO. 5.PROJECT NO.(If applicable) F41612-78-D0003 P00004 84 Nov 01 6. ISSUED BY CODE 7.ADMINISTERED BY(If other than Item 6) CODE I Base Contracts Office Bldg 1664 Sheppard AFB TX 76311-5320 P. Davis/LGCC/817-851-4550 8.NAME AND ADDRESS OF CONTRACTOR(No.,street,county,State and ZIP Code) W) 9A.AMENDMENT OF SOLICITATION NO. City of Wichita Falls Wichita Falls TX 76301 9B.DATED(SEE ITEM 11) 10A.MODIFICATION OF CONTRACT/ORDER NO. X F41612-78-D0003 108.DATED(SEE ITEM 13) CODE FACILITY CODE 75 Nov 01 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS The above numbered solicitation is amended as set forth in Item 14.The hour and date specified for receipt of Offers is extended, is not ex- tended. Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended,by one of-the following methods: a) By completing Items 8 and 15,and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to thelsoltcftet'ron and amendment numbers. FAILURE OF YOUR ACKNOWLEDG- MENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted,such change may be made by telegram or letter,provided each telegram or letter makes reference to the solicitation and this amendment,and is received prior to the opening hour and date specified. 12.ACCOUNTING AND APPROPRIATION DATA (If required) 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14. A.THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority)THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CON- TRACT ORDER NO. IN ITEM 10A. B.THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date,etc.)SET FORTH IN ITEM 14,PURSUANT TO THE AUTHORITY OF FAR 43.103(b). C.THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: X General Provision No. 3 entitled "Change of Rates" D.OTHER (Specify type of modification and authority) E. IMPORTANT: Contractor is not, lXJ is required to sign this document and return all copies to the issuing office. 14.DESCRIPTION OF AM EN OM ENT/MODIFICATION (Organized by t)CPsection headings,including solicitation/contract subject matter where feasible.) a. Appendix "B" Rate Schedule is Modified to add the following; Effective 01 Nov 1984 - - - 4924 per hundred C.F. of water. b. Retroactive billings effective with service billings on and after 01 Nov 1984 will be made upon receipt of a separate billing for this period. Except as provided herein,all terms and conditions of the document referenced In Item 9A or 10A,as heretofore changed,remains unchanged and In full force and effect. 15A.NAME AND TITLE OF SIGNER (Type or print) 16A.NAME AND TITLE OF CONTRACTING OFFICER (Type or print) 158.CONTRACTOR/OFFEROR 15C.DATE SIGNED 168.UNITED STATES OF AMERICA 16C.DATE SIGNED BY Signature of person authorized to sign) Signature of Contracting Officer) NSN 7540.01452.8070 30-105 STANDARD FORM 30(REV.10-83) PREVIOUS EDITION UNUSABLE Page 3 Of 13 Pages FAR (4e CFRG53.243 Agenda Item No. MODIFICATION OF CONTRACT F41612-78-D0003 P00004 Page 2 of 1Q C. Contract General Provision No. 8 entitled "Definitions (1962 Feb)" is deleted in its entirety and the following General Provision No. 8 entitled Definitions (Apr 1984)" is substituted in lieu thereof: 8. DEFINITIONS (APR 1984) a) "Head of the agency" (also called "agency head") or "Secretary" means the Secretary (or Attorney General, Administrator, Governor, Chairperson, or other chief official, as appropriate) of the agency, including any deputy or assistant chief official of the agency, and, in the Department of Defense, the Under Secretary and any Assistant Secretary of the Departments of the Army, Navy, and Air Force and the Director and Deputy Director of Defense agencies; and the term "authorized representative" means any person, persons, or board other than the Contracting Officer) authorized to act for the head of the agency or Secretary. b) "Contracting Officer" means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within limits of their authority as delegated by the Contracting Officer. c) Except as otherwise provided in this contract, the term subcontracts includes, but is not limited to, purchase orders and changes and modifications to purchase orders under this contract. D. Contract General Provision No. 9 entitled "Assignment of Claims (1962 Feb)" is deleted in its entirety and the following General Provision No. 9 entitled "Assignment of Claims (Apr 1984)" is substituted in lieu thereof: 9. ASSIGNMENT OF CLAIMS (APR 1984) 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 performance of this contract to a bank, trust company, or other financing institution, 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. Page 4 of 13 Pages Agenda Item No. Modification of Contract F41612-78-)%G3 P00004 Page 3 of 10 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. E. Contract General Provision No. 10 entitled "Disputes (1958 Jan)" is deleted in its entirety and the following General Provision No. 10 entitled Disputes (Apr. 1984)" is substituted in lieu thereof: 10. DISPUTES (APR 1984) a) This contract is subject to the Contract Disputes Act of 1978 (41 U.S.C. 601-613)(the Act) . b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause. cr "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 contract 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 claim that can be resolved under a contract-clause that provides for the relief 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 dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification 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 submitted 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) (i) If the Contractor is an individual, the certification shall be executed by that individual. Page 5 of 13 Pages Agenda Item No. iMbdification of Contract F41612-78-D0003 P0004 Page 4 of 10 ii) If the Contractor is not an individual, the certification shall be executed by -- A) A senior company official in charge at the Contractor'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 Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made. f) The Contracting Officer's decision shall be final unless the Contractor 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 certified 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 pendency 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. F. Contract General Provision No. 11 entitled "Officials Not to Benefit (1949 Jul)" is deleted in it's entirety and the following General Provision No. 11 entitled "Officials Not to Benefit (Apr 1984)" is substituted in lieu thereof. 11 . OFFICIALS NOT TO BENEFIT (APR 1984) 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 benefit. G. Contract General Provision No. 12 entitled "Covenant Against Contingent Fees (1958 Jan)" is deleted in it's entirety and the following General Provision No. 12 entitled "Covenant Against Contingent Fees (Apr 1984)" is substituted in lieu thereof: Page 6 of 13 Pages Agenda Item No. Modification of Contract F41612-78-D0003 P00004 Page 5 of 10 12. COVENANT AGAINST CONTINGENT FEES APR 1984) 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 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 established 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 as being able to obtain any Government contract or contracts through improper influence. Bona fide employee," as used in this clause, means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Goverrfineht"dbnffact 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 success 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 employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter. H. Contract General Provision No. 13 entitled "Gratuities (1952 Mar)" is deleted in its entirety and the following General Provision No. 13 entitled Gratuities (Apr 1984)" is substituted in lieu thereof: 13. GRATUITIES (APR 1984) 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. Page 7 of 13 Pages Agenda Item No. Modification of Contract F41612•-78-D-Q0003 P00004 Page 6 of 10 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 Government 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 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. I. Contract General Provision No. 14 entitled "Convict Labor (1975 Oct)" is deleted in it's entirety and the following General Provision No. 14 entitled Convict Labor (Apr 1984)" is substituted in lieu thereof: 14. CONVICT LABOR (APR 19184). The Contractor agrees not employ any person undergoing sentence of imprisonment in performing this contract except as provided by 18 U.S.C. 4082(c)(2) and Executive Order 11755 , December 29, 1973. J. Contract General Provision No. 15 entitled "Contract Work Hours and Safety Standards Act - Overtime Compensation (1971 Nov)" is cancelled in it' s entirety and the following General Provision No. 15 entitled "Contract Work Hours and Safety Standards Acts - Overtime Compensation - General (Apr 1984)" is substituted in lieu thereof: 15. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME COMPENSATION - GENERAL (APR 1984) This contract, to the extent that it is of a character specified in the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) (the Act) , is subject to the following terms and all other applicable provisions and exceptions of the Act and the regulations of the Secretary of Labor. a) Overtime requirements. A Contractor or subcontractor shall not require or permit any laborer or mechanic to work in excess of 8 hours in any calendar day, or 40 hours in any workweek, on any part of the contract work subject to the Act; unless, the laborer or mechanic receives compensation at a rate not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 8 hours in any calendar day, or 40 hours in any workweek, whichever produces the greater amount of overtime. Page 8 of 13 Pages Agenda Item No. modification of Contract F41612-78-00003 P00004 Page 7 of 10 b) Violation, liability for unpaid wages, and liquidated damages. If the terms of paragraph (a) above are violated, the Contractor and any subcontractor responsible for the violation shall be liable to any affected employee for unpaid wages. In addition, the Contractor and subcontractor shall be liable to the United States for liquidated damages. These damages are computed for each individual laborer or mechanic at $10 for each calendar day on which the employee was required or permitted to be employed in violation of paragraph (a) above. c) Withholding for unpaid wages and liquidated damages. The Contracting Officer may withhold from the Contractor, from any moneys payable on account work performed by the Contractor or subcontractor, such amounts as may administratively be determined to be necessary to satisfy any liabilities of the Contractor or subcontractor, for unpaid wages and liquidated damages as provided in paragraph (b) above. d) Subcontracts. The Contractor and subcontractor shall insert paragraphs (a) through (d) of this clause in all subcontracts. e) Records. The Contractor shall maintain payroll records containing the information specified in 29 CFR 516.2(a). These records shall be preserved for 3 years from contract completion. The contractor will make the records available for inspection by authori'zea"r'epresentatives of the U.S. Dept. of the Air Force, Sheppard AFB TX and the Department of Labor, and will permit such representatives to interview employees during working hours on the job. K. Contract General Provision No. 16 entitled "Equal Opportunity (1976 Jul)" is cancelled in its entirety and the following "Equal Opportunity (Apr 1984)" is substituted in lieu thereof: 16. EQUAL OPPORTUNITY (APR 1984) 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) During performing this contract, the Contractor agrees as follows: 1) The Contractor shall not descriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Page 9 of 13 Pages Agenda Item No. Modification of Contract F41612-78-D0003 P00004 Page 8 of 10 2) The Contractor shall take affirmative action to ensure that applicants are employed, and employees are treated during employment, without regard to their race, color, religion, sex, or national origin. 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 advertisement for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 5) The Contractor shall send, to each labor union or representative 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 worker's representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants fo ' 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 Compliance Programs (OFCCP) for the purposes of investigation to ascertain the Contractor's compliance with applicable rules, regulations, 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 cancelled, 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 order of the Secretary of Labor, or as otherwise provided by law. Page 10 of 13 Pages Agenda Item No. Nbdification of Contract F41612-78-00003 P00004 Page 9 of 10 10) The Contractor shall include the terms and conditions of subparagraph (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 Secretary 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 subcontract 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 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 CFR 60-1 .1 . L. Contract General Provision No. 18 entitled "Approval of Contract (1949 Jul)" is deleted in it's entirety and the following General Provision No. 18 entitled "Approval of Contract (Apr 1984)" is substituted in lieu thereof: 18. APPROVAL OF CONTRACT (APR 1984) This contract is subject to the written approval of the agency official designated in the Schedule and shall not be binding until so approved. M. Contract General Provision No. 19 entitled "Alterations in Contract (1949 Jul)" is deleted in it's entirety and the following General Provision No. 19 entitled "Alterations in Contract (Apr 1984)" is substituted in lieu thereof: 19. ALTERATIONS IN CONTRACT (APR 1984) Portions of this contract are altered as follows: N. Contract General Provision No. 20 entitled "Examination of Records by Comptroller General (1975 Jun)" is deleted in it' s entirety and the following General Provision No. 20 entitled "Examination of Records by Comptroller General (Apr 1984)" is substituted in lieu thereof: 20. EXAMINATION OF RECORDS BY COMPTROLLER GENERAL (APR 1984) a) This clause applies if this contract exceeds $10,000 and was entered into by negotiations. 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 Retention, 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. Page 11 of 13 Pages Agenda Item No. l Modification of Contract F41612-78-D-0003 P00004 Page 10 of 10 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 ofgY the subcontractor's directly pertinent books, documents, papers, or other records involving transactions related to the subcontract. "Subcontract," as used in this clause, excludes (1) purchase orders not exceeding $10,000 and 2) subcontracts or purchase orders for public utility services at rates established to apply uniformly to the public, plus any applicable reasonable connection charge. d) The periods of access and examination in pargraphs (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 contract, 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. 0. Estimated annual cost of subject contract is increased to read: 427,081 .43. Page 12 of 13 Pages Agenda Item No.