HomeMy WebLinkAboutCC RESO 5593U ?v
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RESOLUTION NO. 5593
BE IT RESOLVED by the City Council of the City
of National City, California, as follows:
SECTION 1: That that certain Change Order
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dated.November 9, 1951, a copy of which is
attached hereto, and issued pursuant to the
provisions of Section 631 of the Department
of Defense Appropriation Act of 1952 amending
a certain contract between the UN.unD STATES
GOVERNMENT, DEPARTMENT OF THE NAVY, and the
CITY OF NATIONAL CITY, a municipal corporation,
be, and the same is hereby, accepted.
SECTION 2: That MAURICE CARRIGAN, Mayor of the
City of National City is hereby authorized and
directed to execute the same for and upon behalf
of the said City.
PASSED AND ADOPTED by the City Council of the City of National City, California, this
day of
November
, 19 51 , by the following vote, to -wit:
20th
f
AYES: Councilmen Clarke, art, Zngalls,_..C. ' 'ig.2n.
NAYS:
Councilmen None
ABSENT:
ATTEST:
Curry
Mayor of the City of National City, lifornia.
City Clerk.
I hereby approve the foregoing
Resolution
CKiil+rae
this 20th day ofovember
Mayor of the City of National City, Ca
i
, 19 51
Resolution
I hereby certify that the above and foregoing is a full and true copy of No
Ordinance
of the
J Resolutions
1 Ordinances
}
of the City of National City, California, as adopted by the City Council of said
City, and approved by the Mayor of said City, on the day of
City Clerk of the City of National City, California.
Deputy
PUBLIC WORKS OFFICE
ELEVENTH NAVAL DISTRICT
SAN DIEGO 30 CALIFORNIA
The City of Tational City
City Ha11
T atiana/ City, California
Subject: Contract Noy(U) 22039
Gratuities Clause
Gentlemen:
ND11-Ivy/sr
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CHANGE ORDER "An
9 NOV 1951
cn-Y CLERK
NOV? 951
n' OF RATIONAL AL CITY
Pursuant to the provisions of Section 631 of the Department of
Defense Appropriation Act of 1952, the subject contract is amended
to inclacie the following clause;
"GRATUITIES (a) The Government may, by written notice to
t e ctractor, terminate the right of the contractor to
Proceed under this contract if it is found, after notice
and hearing, by the secretary or his duly authorized
representative, that gratuities (in the form of entertainment,
gifts, or otherwise) 'were offered or given by the contractor,
or any agent or representative of the contractor, to any
officer or employee of the Government with a view toward
securing a contract or securing favorable treatment with
respect to the awarding or amending, or the making of any
determinations with respect to the performing, of such
contract; provided, that the existence of the facts upon
which the secre`—terry or 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
exemplary damages in an amount`'j'as'-determined by the secretary
or his duly authorized 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 such
officer or employee.
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CHANGE ORDER
9 NOV 1951
"(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."
Please indicate your acceptance of this change order in the
space provided therefor on the four copies herewith and return
three copies to the public Works Office, Eleventh Naval District,
San Diego, California.
Accepted _ / 9 J—(
CITY OF r m . 1
By17:
liamea
..;11FMNIA
2
Very truly yours,
Civil Engineer Corps, U. S. N.
For Chief of the Bureau of
Yards and Docks, Department
of the Navy