HomeMy WebLinkAbout09312 ORD - 04/02/1969• 4/2/69 :e
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE,
FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN
AGREEMENT WITH NATIONAL PARR SERVICE OF THE UNITED
STATES DEPARTMENT OF INTERIOR, WHEREBY THE CITY WILL
FURNISH A SUPPLY OF POTABLE FRESH WATER FOR DOMESTIC
USE FOR PADRE ISLAND NATIONAL SEASHORE PARE., AS MORE
FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS
ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING
AN EMERGENCY.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager be, and he is hereby, authorized
and directed to execute, for and on behalf of the City of Corpus Christi,
an agreement with the National Park Service of the United States Department
of Interidr, whereby the City will furnish a supply of potable fresh water
for domestic use for Padre Island National Seashore Park, as more fully set
forth in the agreement, a copy of which is attached hereto and made a part
hereof.
SECTION 2. The necessity to enter into the aforesaid agreement
at the earliest practicable date in order to reduce to writing the under-
standing of the parties in order to proceed without delay creates a public
emergency and an imperative public necessity requiring the suspension of
the Charter rule that no ordinance or resolution shall be passed finally
on the date of its introduction and that such ordinance or resolution
shall be read at three several meetings of the City Council, and the Mayor
having declared such emergency and necessity to exist, and having requested
the suspension of the Charter rule and that this ordinance be passed
finally on the date of its introduction and take effect and be in full
force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED,
this the day of April, 1969.
ATTEST
Z1
J THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED: (/
2ND = APRIL, 1969:
City Attorney
93121
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CONTRACT NO.
WATER SERVICE AGREEMENT
PADRE ISLAND NATIONAL SEASHORE
TEXA3
THE STATE OF TEXAS )
COMiTr OF NWHS )
WHEREAS, the United States Department of the Interior,
National Park Service, Padre Island National Seashore, has requested
the City of Corpus Christi to furnish a supply of potable fresh water
for domestic use for Padre Island National Seashore; and
WHOM, the City of Corpus Christi is the only source of
potable fresh water and is interested in furnishing such supply of
treated water, but at this time has no supply line adequate to provide
such needed supply; and
WHEREAS, the representatives of National Park Service and
City of Corpus Christi have agreed upon a cooperative effort between
the City and National Park Service for providing water service outside
the city limits of Corpus Christi to Padre Island National Seashores
NOW, THEREFORE, WITNESS: The City of Corpus Christi, a
municipal corporation hereinafter called "City," has entered into this
agreement with National Park Service of the United States Department
of Interior, acting by and through its undersigned duly authorized
officer, hereinafter referred to as "Park Service," do hereby agrees
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1. That the City will construct, own, operate, maintain and
replace, at cost of City, at least an 8 -inch water line from its existing
-water supply at approximately Point A, southward on Padre Island to
Point H (Nueces- ffieberg County Line), a distance of approximately 0.5
miles, as shown an attached Drawing No. NS -PI -3001, incorporated and
by this reference made a part hereof.
2. That City will construct, at the expense of Park Service,
an 8 -inch water line from Point S, southward to Point C (north boundary
Padre Island National Seashore), a distance of approximately 6.8 miles,
as shown on Drawing No. NS -PI -3001. Water line shall be capable of
supplying at delivery point a minimum of 175 gallons per minute at 33.7
feet above mean sea level hydraulic grade. Said water line and related
facilities will be owned, operated, maintained, and replaced by City.
The City shall have the option to construct said line larger than an
8 -inch line but such cost as is in the excess of the cost of an 8 -inch
line will be borne by the City. Such line may be used to furnish service
to abutting property owners on such terms as City may agree with said
property owners. In any event, City shall reserve the capacity of an
8 -inch line for Park Service and shall not allow any connection to
the line which would reduce City's ability to deliver water to Park
Service to less than that which would have been available had an 8 -inch
line been constructed solely for service to Park Service.
3. It is understood and agreed by the parties hereto that
in accordance with the low construction bid received by the City, the
Park Service agrees to pay to the City a sum of $155,000 as a fair and
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equitable portion of the total cost of construction (which is $243,606
for a 12 -inoh water main). It is understood that the City will bear
the expense of any changes, contingencies, or increases to the total
cost of construction.
4. That the rate to be paid by Park Service for water service
shall be the City's published water rate in effect at the time of taking
water for the same or similar service (exclusive of sewer service),
considering quantity of water taken, the location taken and the demand
on the water system.
5. It is mutually understood and agreed that this agreement
shall be subject to the Supplemental Provisions (Utility Service
Contract), attached hereto and by this reference made a part hereof.
6. Payment by Park Service to City for that cost of water
line for which City is to be reimbursed by Park Service will be due
and payable upon completion of construction and water service made
available to Padre Island National Seashore.
7. City agrees to award contract for construction of water
line on or before April 2, 1969, and agrees to supply the Park Service
With potable water 75 working days thereafter.
8. This agreement shall become effective when executed by
both parties hereto, and shall remain in effect for a period of 20
Years, with a right of renewal upon mutual agreement for additional
Periods; provided, however, that the Park Service may terminate the
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agreement or any renewals thereof by giving notice in-writing to the
City at least ninety (90) days prior to the date on which termination
is to become effective.
IN WITNESS WHEREOF, the parties hereto have caused this
contract to be executed in triplicate by their duly authorized repre-
sentative all as of the day and year first below written.
THE UNITED STATES OF AMERICA
DEPARTMENT OF THE INTERIOR
- NATIONAL PARR SERVICE
By:
Title:
Address:
Date:
CITY OF CORPUS CHRISTI
ATTEST: By
R- *Marvin Townsend
City Secretary City Manager
P. 0. Box 1622
APPROVED: Corpus Christi, Texas
DAY OF MARCH, 1969:
DATED:
City Attorney
Director of Finance
0
National Park Service
SJr PLryM6VAL PROVISIONS
(UTILITY SERVICE COMPACT)
1. DEFINITIONS
As used throughout this contract, the following terms
shall have the meanings set forth below:
(a) The tern "head of the agency" or "Secretary" as
used herein means the Secretary, the Under Secretary,
any Assistant Secretary, or any other head or assistant
head of the executive or military department or other
Federal agency; and the tern "his duly authorized
representative" means any person or persons or board
(other than the Contracting Officer) authorized to act
for the head of the agency or the Secretary.
(b) The term "Contracting Officer" means the person
executing this contract on behalf of the Government,
and any other officer or civilian employee who is a
properly designated Contracting Ofcer; and the term
Includes, exceptas odunwise provided in this contract,
the authorized representative of a Contracting Officer
acting within die limits of his authority.
(e) Except as otherwise provided in this contract, the
term "subcontracts" includes purchase orders under this
contract.
2. EXAMINATION OF RECORDS
(The following clause is applicable if the amount of
this contract exceeds $ 2,500 and was entered into by
means of negotiation, but is not applicable if this con-
tact was catered into by means of formal advertising.)
�a) The Contractor agrees that the Comptroller Gen.
era of the United States or any of his duly authorized
representatives shall, until the expiration of three years
after final payment under this contract, have access to
and the right to examine anpp directly pertinent books,
documents, papers, and records of the Contractor involy-
ing transactions related to this contract.
(b) The Contractor further agrees to include in all
his subcontracts hereunder a provision to the effect
that the subcontractor agrees that the Comptroller Gen-
eral 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 ppertinent books,
documents, papers. and records of sue Ft subcontractor,
involving transactions related to the subcontract. The
term "subcontract" as used in this clause excludes (i)
purchase orders not exceeding $2,500 and (ii) subcon-
tracts or purchase orders for public utility sert•ices at
rates established for uniform applicability to the general
public.
(e) All the rights granted hereunder to the Comp-
troller General of the United States or his duly author.
ized representatives shall also extend to the Admin-
istrator of General Services or his duly authorized
representati. es.
9. EQUAL. OPPORTUNITY
During the perforntance.of this contract, the Con-
tractor agrees as foilmws:
(a) The Contactor will riot discriminate against any
employee or applicant for employment because of race•
creed, color, or national origin. The Contractor will
take affirmative action to ensure that applicants are
employed, and that employees are treated during em•
ployment, without regard to their race, creed, color, or
national origin. Such action shall include, but not be
limited to the following: employment. upgrading, demo-
tion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of
compensation; and selection for training, including
apprenticeship. The Contractor agrees to post in con-
spicuous places, available to employees and applicants
for employment, notices to be provided by the Con-
tracting Officer setting forth the provisions of this non•
discrimination clause.
(b) The Contractor will, in all solicitations or
advertisements for employees placed by or on behalf of
the Connector, state that all qualified a(ra]icants trill .
receive consideration for employment wa�tOut regard
to race, creed, color, or national origin.
(c) The Contractor will send to each labor union
or representative of workers with which he has a collec-
tive bargaining agreement or other contract or under•
standing, a notice, to be provided by the agency
Contracting Officer, advising the labor union or workers'
representative of the Contractor's commitments under
Section 202 of Executive Order No. 11246 of September
2.1, 1963, and shall post copies of the notice in couspich•
ous places available to employees and applicants for
employment.
(d) The Contractor will comply with all provisions
of Executive Order No. 11246 of September 24, 1965,
and of the rules, regulations,, and relevant orders of
the Secretary of Labor.
(c) The Contractor will furnish all information and
reports required by Executive Order No. 11296 of Sep.
tentbcr 23, 1965, and by the rules, regulations, and
orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records, and accounts
by the contracting agcn4 and the Secretary of Labor
for purposes of investigation to ascertain compliance
with such rules, regulations, and orders.
(n 'In the event of the Contractor's noncompliance
With the nondiscrimination clause of Ellis contract or
With any or such rules, regulations, or orders, this con.
tract may be cancelled. terminated, or suspended in
whole or in part and the Contractor may be declared
ineligible for further Government contracts in accord.
once with procedures authorized in Executive Order Nu.
,1246 of September 29, 1963, and such other sanctions
may be imposed and remedies invoked as provide, its
Executive Order No. 1,296 of September 24, 1965, or
by rule, regulation, or order or the Secretary of Labor,
or as otherwise provided by law.
(g) The Contractor will indudo the provisions of
paragraphs (a) through (g) in every subcontract or pur-
chase order unless exempted by rules, regulations, or
- orders of the Secretary or Labor issued pursuant to
Section 20l of Executive Order Nu. 112-IG of September
24. 1969, 50 that such provisions will be binding upon
each subcontractor or vendor. The Contractor will
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take such action with respect to any subcontract or
Purchase order as the Cuttr Gin," agency may direct as a
means of enforcing such provisions including sanctions
for noncompliance: Provided, however, that in the
event the Contractor becomes involved in, or is threat-
ened with, litigation with a subcontractor or vendor as
a result of such direction by the contracting agency, the
Contractor may request the United States to enter into
such litigation to protect the interests of Elie United
States. -
4. OFFICIALS NOT TO BENEFIT
No 'Member of or Delegate to Congress, or Resident
Commissioner, skull be admitted to any share or part of
this contract, or to any benefit that may arise therefrom;
but this provision shall not be construed to extend to
Ellis contract if made with a corporation for its general
benefit.
5. COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that no person or selling
agency has been employed or retained to solicit or secure
this contract upon an agreement or understanding for
it commission, percentage, brokerage, or contingent fee,
excepting bona fide employees or bona fide established
commercial or selling agencies maintained by the Con-
tractor for the purpose of securing business. For breach
or violation of this warranty, the Government shall have
the right to annul this contact without liability or in
its discretion to deduct from Elie contract price or con.
sideration, or otherwise recover the full amount of
such commission, percentage, brokerage, or contingent
fee.
6. CONVICT LABOR
In connection with the performance of work under
this contract, the Contractor agrees not to employ any
person undergoing sentence of imprisonment at hard
labor.
7. CONTRACT WORT: IIOURS STANDARDS ACT —
OVERTIME COMPENSATION
This contract, to the extent that it is of a character
specified in the Contract Work flours Standards Act
(90 U.S.C. 327 -330), is subject to tine following provi-
sions and to all other applicable provisions and excep-
tions of such Act and the regulations of Elie Secretary
of Labor thereunder.
(a) Overtime requirements. No Contractor or sub-
contractor contracting for any part of the contract work
which may require or involve the employment of labor-
ers or mechanic shall require or permit any laborer or
mechanic in any [workweek in which he is employed
on such work to work in excess of eight hours in any
calendar clay or in excess of forty hours in such work-
week on work subject to the provisions of the Contract
Work flours Standards Act unless such laborer or
mechanic receives compensation at a rate not less than
one and one -half times his basic rate of pay for all such
hours worked in excess of eight hours in any calendar
day or in excess of forty hours in such workweek, which-
. ever is the greater number of overtime hours.
(b) Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the provisions
of paragraph (a), the Contractor and any subcontractor
responsible therefor shall be liable to any affected
employee For his unpaid wages. In addition, su
su ch Con -
tractor and bcontractor shall be liable to the United
States for liquidated damages. Such liquidated damages
shall be computed with respect to each individual
S. DISPUTES
(a) Except as otherwise provided in this contract, any
dispute concerning a question of fact arising under this
contract which is not disposed of by agreement shall
be decided by the Contracting Officer, who shall reduce
his decision to writing and mail or otherwise furnish
a copy thereof to the Contractor. The decision of the
Contracting Officer shall be final and conclusive unless
within 30 days from the date of receipt of such copy, the
Contractor mails or otherwise furnishes to the Con-
tracting Officer a written appeal addressed to the Setre-
tar)•. The decision of the Secretary or his duly authorised
representative for the determination of such apppeals
shall be final and conclusive unless determined'hy a
court of competent jurisdirtion to have been fraudulent,
or capricious, or arbitrary, or so grossly erroneous as
necessarily to imply bad faith, or not supported by
substantial evidence. In connection with any appeal
proceeding under this clause, the Contractor shall be
afforded an opportunity to be heard and to offer evi-
dence in support of its appeal. Pending final decision
of a dispute hereunder, Elie Contractor shall proceed
diligently with the performance of Elie contract and in
accordance with the Contracting Officer's decision.
(b) This "Disputes" clause does not preclude con-
sideration of law questions in connection w•i:h decisions
provided for in paragraph (a) above: Prodded, that
nothing in this contract shall be construed as making
final the decision of any administrative official, repre-
sentative, or hoard on a question of law.
9. GRATUITIES
(a) The Government may, by written notice to the
Contractor, 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 enter -
taultnent, gifts, or otherwise) were offered or given by
Elie Contractor, or any agent or representative of the
Contactor, to any officer or cuhployce of the Cosrrn-
ment with a view toward securing a contract of securing
favorable uratnent with respect to the awarding or
amending, or Elie making of any determinations with
respect to the performing. of such Colltruct; provided,
that Elie existence of Elie faLtS upon which tine Secre-
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laborer or mechanic employed in violation of the pro-
visions of paragraph (a) in the sum of -$10 for each
calendar day on which such employee was required or
permitted to be employed on such work in excess of
eigh[ hours or in excess of the standard workweek of
forty hours without payment of Elie overtime wages
required by paragraph (a).
(c) IVitblmlding for unpaid wages and liquidated
damages. The Contracting Officer may withhold from
the Government Prime Contractor, from any moneys .
payable on account of work performed by the Contrac-
tor or subcontractor, such suns as may administratively
be determined to be necessary to satisfy any liabilities
of such Contractor or subcontractor for unpaid wages
and liquidated damages as provided in the provisions of
paragraph (b).
(d) Subcontracts. The Contractor shall insert para-
graphs (a) through (d) of this clause in all subcontracts,
and shall require their inclusion in all subcontracts of
any tier.
(e) Records. The Contractor shall maintain payroll
records containing the information specified in 29
CFR 516.2(a). Such records shall be preserved for three
years from the completion of the contract.
S. DISPUTES
(a) Except as otherwise provided in this contract, any
dispute concerning a question of fact arising under this
contract which is not disposed of by agreement shall
be decided by the Contracting Officer, who shall reduce
his decision to writing and mail or otherwise furnish
a copy thereof to the Contractor. The decision of the
Contracting Officer shall be final and conclusive unless
within 30 days from the date of receipt of such copy, the
Contractor mails or otherwise furnishes to the Con-
tracting Officer a written appeal addressed to the Setre-
tar)•. The decision of the Secretary or his duly authorised
representative for the determination of such apppeals
shall be final and conclusive unless determined'hy a
court of competent jurisdirtion to have been fraudulent,
or capricious, or arbitrary, or so grossly erroneous as
necessarily to imply bad faith, or not supported by
substantial evidence. In connection with any appeal
proceeding under this clause, the Contractor shall be
afforded an opportunity to be heard and to offer evi-
dence in support of its appeal. Pending final decision
of a dispute hereunder, Elie Contractor shall proceed
diligently with the performance of Elie contract and in
accordance with the Contracting Officer's decision.
(b) This "Disputes" clause does not preclude con-
sideration of law questions in connection w•i:h decisions
provided for in paragraph (a) above: Prodded, that
nothing in this contract shall be construed as making
final the decision of any administrative official, repre-
sentative, or hoard on a question of law.
9. GRATUITIES
(a) The Government may, by written notice to the
Contractor, 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 enter -
taultnent, gifts, or otherwise) were offered or given by
Elie Contractor, or any agent or representative of the
Contactor, to any officer or cuhployce of the Cosrrn-
ment with a view toward securing a contract of securing
favorable uratnent with respect to the awarding or
amending, or Elie making of any determinations with
respect to the performing. of such Colltruct; provided,
that Elie existence of Elie faLtS upon which tine Secre-
Lary or his duly authorized representative makes such
findings shall be in issue irhd may be reviewed its any
competent court.
(b) lit the event this contract is terminated as ppro-
vided in paragraph (a) hereof, the Government sliall
be entitled (i) to pursue the same remedies against the
Contractor 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 otter daninges to which it may be
entitled by law, to exemplary damages in an amount
(as determined by the Secretary or his duly authorized
representative) %vlrich shall be not less than three nor
more than ten times the costs incurred by the Con-
tractor in providing any such gratuities to any such
officer or employee-
(c) T"' rights and remedies of the Government
provided in this clause shall not be exclusive and are
m addition to any other rights and remedies provided
by law or under this contract.
10. CERTIFICATE OF INDEPENDENT
PRICE DETERMINATION
(a) By submission of this bid or proposal, each bid.
der or offeror certifies, and in the case of a joint bid
or proposal each party thereto certifies as to its own
organization, that in connection with this procurement:
(1) The prices in this bid or proposal have been
arrived at independently, without consultation, com-
munication, or agreement, for the purpose of restricting
competition, as to any matter relating to such prices
with any other bidder or offeror or with any competitor;
(2) Unless otherwise required by law, the prices
which have been quoted in this bid or proposal have not
been knowingly disclosed by the bidder or offeror and
will not knowingly be disclosed by the bidder or offeror
prior to opening, in the case of a bid, or prior to award,
to the case of a proposal, directly or indirectly to any
other bidder or offeror or to any competitor; and
(3) No attempt has been made or will be made by
the bidder or offeror to induce any other person or
firm to submit or not to submit a bid or proposal for
the purpose of restricting competition.
(b) Each person signing this bid or proposal certifies
that:
(1) He is the person 'in the bidders or offerot's
organization responsible within that organization for
the decision as to Lite prices being bid or offered herein
and that he has not participated, and will not partfcf-
pate, in any action contrary to (a) (1) through (a) (3)
above; or,
(2) (i) He is not the person in the bidder's or offeror's
organization responsible within that organization for the
decision as to Late prices being bid or offered herein but
that the figs been authorized in writing to act as agent
for the persons responsible for such decision in certify-
ing that such persons have not participated, and will
not pparticipate, m an}' action contrary to (a) (1) through
(a) (3) above, and as their agent does hereby so certify;
and (ii) he has not participated, and will not participate,
in any action contrary to (a) (1) through (a) (3) above.
(c) This certification is not applicable to a foreign
bidder or offeror submitting a bid or proposal for a
contract which requires performance or delivery outside
the United States, its possessions, and Puerto Rico.
(d) A bid or proposal will not be considered for
award where (a) (1), (a) (3), or (b) above has been deleted
or modified. Where (a) (2) above has been deleted or
modified, the bid or proposal will not be considered for
award unless the bidder or offeror furnishes with tire
bid or proposal a signed statement which sets forth in
detail the circumstances of the disclosure and the head
of the agency, or his designee, determines that such
disclosure was not made for the purpose of restricting
competition.
11. CONFLICTS
To the extent of any inconsistency between the pro-
visions of this contract, and any schedule, rider, or
exhibit incorporated in this contract by reference or
otherwise, or any of the Contractor's rules and regula-
tions, the provisions of this contract shall control.
12. PARTIES OF INTEREST
This contract shall be binding upon and inure to the
benefit of Lite successors, legal representatives, and
assignees of the respective parties hereto.
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NATIONAL PARK SERVICE - SUPPLEMENTAL PROVISIONS (UTILITY SERVICE CONTRACT) (Cont1d)
-13. DAMAGE AND INJURY --------- The Government shall in no event be liable or responsible for damage
or injury to any person or property occasioned through the use or
operation of the Contractorls facilities or the action of the Contractor,
its employees and agents in performing under this contract.
14. ACCESS TO SERVICE LOCATION
(a) The Government hereby grants to the Contractor, free of any
rental or similar charge, but subject to the limitations specified in
this contract, a revocable permit to enter the Service Location for any
proper purpose under this contract, including use of site or sites
agreed upon by the parties hereto for the installation, operation, and
maintenance of the facilities of the Contractor. Authcrized represent-
atives of the Contractor will be allowed access to the facilities of
the Contractor and the Government at suitable times to perform the
obligations of the Cantractor with respect to such facilities. It is
expressly understood, however, that proper military or Governmental
authority may limit or restrict the right of access herein granted in
any manner considered by such authority to be necessary for the national
security.
(b) The Contractor shall, at its expense, obtain all rights of way
and easements necessary to permit it to perform under this contract.
15. MISCELLANEOUS
The failure of either the Contractor or the Government to insist
in any instance upon the performance of any of the terms, covenants
or conditions of this contract shall not be construed as a waiver or
relinquishuent of the future performance of any such term, covenant
or condition by the other party hereto, but the obligation of such
other party with respect to such future performance shall continue in'
full force and effect.
16. RImas -OF -MAY
(a) The Park Service, for the term of this contract, hereby grants to the
Contractor, free of any rental or similar charge, subject to the conditions coci-
taired'in this contract, joint, non - exclusive use of such rights -of -way over,
across, along, under and upon Park lands as may be required by the Contractor
for the furnishing of electric services and facilities within and between the
points hereinbefore mentioned within the Park. The use of said rights -of -way
shall include the construction, installation, operation, repair, replacement and
maintenance of such facilities; PROVIDED, the location, size and general detail
Of the facilities placed thereon shall be on appropriate drawings, which shall
be submitted by the Contractor and approved by the Park Service prior to comm3nce-
ment of construction or installation. PROVIDED, FURTHER, the right to use such
lands will not be granted where lands outside the Park can be reasonably used for
the same purpose. Such facilities shall be removed and Park Service premises re-
stored to their original condition by the Contractor at its expense within a
reasonable time after the termination of the contract.
(b) Distribution line rights -of -stay may be cleared by the Contractor not
to exceed 15 feet on each side of the center line, and trees outside this width
,;hich are a potential hazard, shall also be removed or appropriately trimmed by
the Contractor. Trimming of trees and shrubbery and other clearance of rights -
of -way which are necessary so as not to interfere with or threaten to endanger
operation or maintenance of the facilities shall be done only with the prior
written approval of the Park Service.
(c) Any proposal for use of the facilities provided for hereunder for pur-
poses other than described herein shall be the subject of special use permits
which may be granted or denied by the Park Service in accordance with its
policies.
(d) The Contractor, its duly authorized agents and employees, shall have
the right of ingress and egress within the Park over established roads and foot
trails at all reasonable times'for the purposes of constructing, erecting, in-
stalling, operating, repairing, replacing znd maintaining any of the facilities
cr for any other purposes incident to furnishing its services as required by thJS
contract. The Contractor is hereby authorized to operate-its trucks and vehicles
over Park roads for all such purposes without payment of any fees or other charGes.
The Contractor shall have the right to construct and maintain such special access
trails, roads, and openings as may be required by the Contractor to reach said
facilities, subject to the prior written approval of the Park Service of the
type and location of such trails, roads and openings.
(e) If the Park Service for any reason except in the exercise of its Police
powers requires the Contractor to relocate or otherwise to change any of the
facilities maintained in the Park under the terms of this contract, the rark Sei-
vice shall pay the actual 0113L of aup ennh relnention or change incurred by the
Contractor.
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M The Contractor shall maintain its facilities in accordance with stan-
dard practices and applicable statutes and rules and regulations for the main-
tenance of such facilities sc that they will be in a safe condition and neat
appearance at all times. The Contractor and its employees shall ccmply with Park
Rules and Regulations. The Contractor shall also take adequate measures as
directed and apprcved by the Park Service to arrest and prevent soil erosion on
lands licensed for use hereunder, and shall so utilize such lands as not to con-
tribute to erosion on adjoining lands.
'cr ��oCcral Prc senicnL Rogulation s 1 -12. 8C 7(d), all con Iracts rr.LSt •
.' Tic1s"o tiic,follo� ring Cortiiicztion:
CERTIFICATION OF NONSEGZI;GATED FACILITIrS
Tl:c Contractor ctrl - :.fits that he does not maintain or provide for his
employe ,~ any. segregatedi facilities at any of his establishments, and
that he does not permit employees to perform their services at any
location, under his control, where segregated facilities are maintained.
The Contractor certifies further that he will not maintain or provide for
his employees any segregated facilities at any.of his establishments, and
that he will not permit his emaloyees to perform their services at any
location, under his control, where segregated facilities are maintained.
The Contractor agrees that a breach of this certification is a violation of
the Equal Opportunity clause in this contract. As used in this certifica-
tion, ty,c term "segregated facilities" means any waiting rooms, work
areas, rest rooms and wash rooms, restaurants, and other eating areas,
time cloths, locker rooms and other storage or dressing areas, parking
lots, drinking fountains, recreation or enter tainment areas, transporta-
tion and housing facilities provided for employees which are segregated
by ex -olicit directive or are in fact segregated on the basis of race, creed,
color, religion or national origin, because of habit, local customs, or
otherwise. The Contractor further agrees that (except where he has
obtained identical certifications from proposed subcontractors for
specific tir Ze periods) he will obtain identical certifications from pro-
posed subcontractors prior to the award of subcontracts excecdi.kg.
$10, 000 w-r_ich are not exempt from the provisions of the Ec;ual Cppor-
t nip clause; t`.zat he will retain such certi_ications in his files; and
that he will forward the following notice to such proposed subcontractors
-(except where the proposed subcontractors have submitted identical
certifications for specific time periods).
NOTICE TO P tOSPECTIVE SUBCONTRACTORS
OF REQUIREMENT FOR CERTIFICATIONS OFNONSEG REGA=DFACILITIES
A Certification of Nonsegregated Facilities, as required by the May 9,
1967, order (32 F.R. 7439, May 19, 1967) or, Elimination of Segregated.
Facilities, by the Secretary of Labor, must be submitted prior to the
- award of a subcontract exceeding $10, 000 which is not ex- -emnt from the
provisions of the Equal Opportunity clause. The certification may be
submitted either for each subcontract o- for all subcontracts during a
period (i.e., quarterly, semi- annually, or annually).
NOTE: The penalty for malting false staten;ents in offers is proscribuci
in 18 U. S. C. 100'..
CORPUS CHRISTI, TEXXAS'.p /
� -/DAY OF f .1 'J p
:lf�f
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL
BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR
RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCILS 1, THEREFORE,
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RESPECTFULLY,
MA R
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JACK R. BLACKMON
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR.
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.
KEN MCDAN I EL
W. J. "WRANGLER" ROBERTS
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES
JACK R. BLACKMON
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR.
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.
KEN MCDANIEL
W. J. "WRANGLER„ ROBERTS
i
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