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Home My WebLink AboutResolution - 062355H - Contract Modification - USAR - Electric Service, #DA. 41-093 AIV-84 - 06_23_1955 . L_-L 'r rv, RESOLUTION � f A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO I EXECUTE FOR AND IN BEHALF OF THE CITY OF LUBBOCKA MODI-FICATION IN CONTRACT NR. DA. 41-093 AIV-84, EFFECTIVE MARCH 1, 1950, FOR THE FURNISHING OF ELECTRIC SERVICE FOR UNITED STATES ARMY RESERVE BY ADDING GRATUITIES AND EXAMINATION OF RECORDS CLAUSES AND SUBSTITUTING :►fUNITED STATES ARMY RESERVE$, IN LIEU OF 14ORGANIZED RESERVE CORPS"; AND CON- FIRMING AND RATIFYING SAID ORIGINAL CONTRACT, SUBJECT TO MODIFICATION AUTHORIZED HEREBY. WHEREAS, since the 1st day of March,. 1950 the City of Lubbock has furnished electric service for the United States Army Reserve, building T-2101, Block 21, Lubbock Municipal Airport, Lubbock, Texas, pursuant � to the provisions of Contract NR, DA. 41-093 AIV-84, with the United States of America; and, WHEREAS, Section 4.._of the Armed Services Procurement Act of 1947 as amended by Public Law Z45, 82nd Congress, requires such contracts shall contain a provision regarding Examination of Records and. Gratuities, all as set forth in the attached instrument marked "'Exhibit Alt and made a part hereof; and, WHEREAS, certain other changes, including the substitution of ItUnited States Army Reserve1z in lieu of IrOrganized Reserve Corps", in the appro- priation chargeable and service location provisions. of said original contract have been requested by duly authorized representatives of the United States Government, and the City Commission deems it proper and expedient that such requested changes be made in such contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COW41SSION OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor of the City of Lubbock BE, and he is hereby authorized and directed to execute for .and in behalf of the City of Lubbock, a supplemental agreement modifying said Contract NR, DA, 41-093 AIV-84, originally entered into by and between the City of Lubbock and the United States of America, in the following respects: A. To include in said contract Gratuities and Examination of Records clauses in accordance with the copy thereof attached hereto, marked llE.xhibit Alt and made a part hereof; and, B. To amend the appropriation chargeable and service loca- tion clauses to read ►tUnited States Army_Reserve%' in lieu of "Organized Reserve Corps", SECTION 2. THAT the original Contract NR. DA, 41-093 AIV-84, between the City of Lubbock and the United States of America BE, and the same is hereby in all things confirmed and ratified by the. City Commission of the City of Lubbock, and subject only to the modification hereby authorized, said con- tract shall be and remain unchanged hereby. AND IT IS SO ORDERED. r �I b e CITY OF LUBBOCK MEMORANDUM, inter Office TO: R. P. Clifton, Utility Sales Ngr. Date June lC, 1955 FROM: 3d Colby, Director of Aviation F SUBJECT: United States Army Reserve Blectric Service Contract Attached hereto is a supplemental agreement to your electric service contract v.ith the United States Army Reserve services at the Municipal AirpDrt. This contract is directly between your office and the Government and shoulcl he handled by you. 1 y^. CITY OF LUBBOCK MEMORANDUM,Inter Office TO: Date July 1, 1955 FROM:Lavenia Lowe Supp enent A!7,reerririe t DT.F.1 to SUBJECT: Modification contract N.R. D.A. 41-093 AIr-84, effective March 1, 1950, for furnishing electric service to United States Army Reserve. There is attached hereto'an original and two (2) copies of/modification agreement contract as set out above. This agreement was authorized by the City Commission on June 23, 195% and is being returned to you for execution by the United States of ,America. Please secure signature of Major Williams aAd return one copy for City Secretary files. CITY OF LUBBOCK MEMORA17DUY, Inter Office TO: Mr. H. P. Clifton, Utility Sales Ygr. Date: June 14, 1955 FRMI: James A. Ellis, Assistant City Attorney SUBJECT: United States Army Reserve Electric Service Contract. Attached hereto is draft of a Resolution authorizing the Mayor to execute the supplemental agreement to the Electric Service Contract with the United States Army Reserve at the Yunicipal Airport. In view of the required certificate, wherein: the City Secretary certifies that the per- son signing the supplementary agreement to the contract was duly author- ized to sign for the City, and in the absence of a Resolutions on the sub- ject of authorization for signing such agreements, it is deemed advisable that the attached Resolution should be enacted. Accordingly such Resolu- tion should be routed in line with present procedures, and placed on the ,agenda at the proper time. i A. ELLIS, As stant City Attorney JAE:gr 6/14./55 4 n On motion of Commissioner Forrest seconded ' 1 by.Commissioner Baker , the foregoing Resolution was passed and approved this the 2�y of June , 1955, by the following vote: i Commissioners voting "YEA": Baker, Carpenter, Forrest, Thomas and Mayor Tripp Commissioners voting *INAY«: None i i I i MU L I Mayor ATTEST: I venia 'Lo e, City Secretary-Treasurer I I I � I II i JAE:kw I ;III ;I T i "Exhibit All EX.l4 MINATION OF RECORDS:. �(a) The Contractor agrees that the Comptroller General of the United States or ahy of his duly authorized representatives shall, until the .expiration of three year% after final payment under this contract, have access to and the right to examine any directly pertinent books, -documents, papers and records of the IContrractor involving transactions related to this contract. (b) The Contractor further agrees to include in all his subcontracts here- unde a provision to the effect that the subcontract agrees that the Comptroller Gen $al of the United States or any of his duly authorized representatives shall, until the expiration of three years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, pape s and records of such subcontractor involving transactions related to the subconntract. The term "tubcontract" as used in this clause excludes (i) purchase j orders not exceeding$l, 000 and (ii) subcontracts or purchase orders for public utility,.services at rates established for uniform applicability to the general pub- lic. T GRATUITIES: (a The Government may, by written notice to the Contractor, terminate the lright if the Contractor to proceed under this contract if it is found, after notice and hearing, by the Secretary of his duly authorized re resentative, that gratu- ities (fin the form of entertainment, gifts, or otherwisUwere offered or given by the Contractor, or any agent or representative of the Contractor, to any officer or em Aoyee of the Government with a view toward securing .a contract or securing favors le treatment with respect to the awarding or amending, or the making of any de ,erminations with respect to the performing of such ,contract; provided, ;that tie-existence of the facts upon which the secretary of his duly authorized representative makes such findings shall be in issue and may be reviewed in any competent court. (b) In the event this contract is terminated as provided in paragraph (a)hereof, the Government shall be entitled (i) to pursue the same remedies against the Con- tractor: as it could pursue in the event of a breach of the contract.by the -Contractor, and (ii) ',as a penalty in addition to any other damages to which it may be entitled by law, to 'i emplary damages in an'amount (as determined by the Secretary or his duly au orized representative) which shall be not less than three nor more than ten times the costs incurred by the Contractor in providing :any such gratuities to any suc� officer or employee. (c) 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 1 I i