Loading...
HomeMy WebLinkAboutCalifornia, State Of; 1965-09-01; Parks & Recd% aad %nte, ll.nta tws $tmst dey of txmbar, 1965 by and b&w ths SITATE OP ~~~~A, acting th~~.~~ the ~%~~~~~t of I% f+t&P aall& Th%% a l!4xa!fmr t is et% wtth f%~~%% to th% .fO3XW~ mstert 1, cxm ha% a B%W% Q~~%t~~ of' t;haas ]pigaUnwa, p-m-l-9; ~~~~~~~~%~ and , ~~nt%~n~ srrrd qmmted by CXTT fw tha col3%Qt~u~ and t~~t~~~t of ~~~~ md has capacity An 23 trebatwnt plmt and am ucwm uutfal3 known a8 the 32ncinza W&w Poll~tQx% Cmtml ~~~~l~t~ isi13 af which ~~ hoxwin- aftsp rsfe~ to m PAtXIXlXT~ wklah haa bsan in ogamtim sinma Augmt of 2.965. 2. BATS is the8 t%3y k&t&& km?%% of land knuwn a% Suuth ~%~l%b%d ~t%t% ach, which aced &and isi deZL.%neat on tha lslrap %tt~ch~ heareato, ~~~ b&t 'ANa and by thksr reaf'%r%no% Sncorpomted htsrxMn, Said laxad w%I. h ft%P b% P%f%rP%d tu 0% S?i?A%% t#l&WD. 30 STATE mm bs %%~~ by PACSlXI!!f md haa bwm zrmwd by PAC~fJTcpy %a@% 4. Thas paefias h~~~~ cm? to 0 for th% U@BQ by @FA!!?% for ths d~%po%~l cm STRPE . 5. %P into th;i contact Rapt ta S%ot?Lon yx3 of the ii%em.a Q3XPc%% co&a ptar 5 of D$vz%lun 7 of T&Etzbi9 3. of t;h% aova to entep into tma uontasct alit to ~~t~~ 4636.8 or the m3alth md 8&f tih% afo io ~~~~P @lp t;b ~%~t Cod%r St 1% szy ~~~%d betama tlw3 gaPtfo&, haPew 8% rau I. P 1# xgbs. 2* mmt %hall ba ftm? a tern of 30 ye 612 s%pt QP 11 xX25, and 3. WbbjSQ:t; to o;h% R~V~%~O~% OF ~~tlu~ Qf th% cov%~t% all havd Lh% right $-OF tfn+ t;%Mlli of t;hip1 a %nt, tu % drsfly rJow (332 my cm% yfmr p%tiod), af 40, on ~A~~ rzAwp. t and d~%RU%% UP ssnbd %%W%~% atid RA~~~* 4. AT.33 th% d~~%h~~% $.nto ~A~~ Qf any 8 othw? th%~ thEIt on STAT% uut prior WPAtten %~~V%~ OP 5* STslTE Lt,s R to ccm- &!m??#mt, ~~%t~~~~ um%r, +md/ur ~~~t~ut 63 l%%%.t~Qn%~ ~~%t~~~t~Q~~ sc$n- Hmt%tlon, OCCUPY to pl2anw %~t~%f~%t~~ to and am% fjiP%l 84ppPov%d in WPMang 'I&Jr fiwf?t'L; XW%P. 6. G&l% $3 $!%ktuP%* by CmY la.nd sar, ~%~l~t~~%, %%a%%, OiP ~~~t~o~ g mot C&0184 OP pkjmlt to bs p&3% An ~A~~* my ~q~~$~ CH? wzi.tl% UP gP%v%nt th% sffwtivcs law9 BP ~%~t~~~ af ~A~~~~* 7. -ST %hEnlX not al1 OP fimma etch ta b% ~~~ #?llwm not allow COOlt%~ ~o~%~t ot c1cTH'S 8" ~A~~ 51 be In gaud wo** 0 # bQw~v%r~ tTz?m &fP t tm%t ~A~~~ c5x? gurp ~~~~~ th%~u~, 91. En ths WV of @ix fats ttia of %%~~%% to &has ZI 8 P%xault; of dZ ta%-&3 of 8% UP rur 4% eatrol 9% Cl?!lT, CXTY ahall berEar no l~~b~~~ty fOP b%ny cm a % to OP ~%~un% UP -3- property or for the death of any pmsun ox parf~onars arising fram OF out of mch PnterPuptlon of $ervlee* 10. STATE nphalf. pay to cr;t!PY not Zater than rsctity day@ &f%er the approval of this agreement by the Stata Oegartmemt oE &mm%1 there is made services or ~lxty day8 after -tht&kg4*3*M+ available for this gurpo;ere; the mam of Twenty Three Thousand ht Hundred Ninety One Dollars ($23,891) isnd reeafpt frcm COPY thtareafter oi an Invoice therefor, . . >;.,,k j$& II* STATE Bhall my to CXTY ez m~vicet csherr~~ of Pour D01181m and IEighty Cents ($4.80) per ysl~r for each cam omce md trailer apace on the STAT% LAND. Xn raddlticm, for any dweZl%nh~; or other facil5ty on the STATt6 LAD, other t&m thme facilities dsesignad and ussed to @erve camp or tsailss i?MmsI STATE aha ycma aervlea charge thesrefer in cpx1. armmt equal to that 1evZad or aprsea;sed upon prmxiae~~ within CXT!I? 88 mt forth iin Ordinance? No. 7027, as araid r~ervice chargels now exist or are hereafter amended or mod2fied. Sakd ae~vicej charges shall be pslid by STATJEI: to CITY, ti arrears at the end of earoh fiarcal year. The afor~merM.oned service ohar@m for carrrp sgame and trailer ~paceca may be increased or decrmsed from time to time by CXT!C In direct proportion to any dnclrease or dec;rease in the 84trvice oharge by CEi?Y ta rcsingle family residence unita in ths City 0% Carlsbacl, whic?h alo set forth in the ~f~re~~t~~ned OrdSnanets MQ, 7027 In now Twslve Dollam ($12.00) per year per arlngle rwluy dwelLf?g, 12, 'fElther party her&o may temlnat:e all rlght;a and obligatfonsr -4- hereunder, upon sixty (60) days prior written notice to the other party, in the event STATE fails, for any rea&on# to pay the fees or ehatrges herein provfded to be paid by STATE. PC the event of any such termination, CKTY shall be entitled ta keep all monies prevfously paid to it by STATE hereunder. 13. The attached Fair Employment Practices Addendum Standard Form 3 (Q/65) is incorporated harein far all ywrpses and made a part hereof and for the purpose af this agreement the term "Contractox" in said Form 3 (4,165) shall mean CITY. 14. HAIVBR AND HOED HARMhESS. Except as hsrein Btatod CXTY hereby waives all claims and recourse against the STATE including the right to contribution for loss ox damage to persons or property arising from, growing out of, or in any way connected with or incident to this agreement. CITY agrees to indemnify, save harmless and defend the STATE, its officers, agents and employeeai; against any and all claims, demands, or causes of action that may be brought agiafnet the STATE, its officere;, agents and employees arising out of, or in any way connected with OK incident to this agreement, which claims, de- mands or causes of action arise under Section 895.2 of the Government Code, or otherwise. -5- b IN WITNESS WHEREOF, the partim hereto have executed this agreement on the date first above written, LF / ,. , ” e,L1 - t _._, ._ _ _ _ _ _“_. C, -.-.,-r Daz I: .- , - i 5. v-vicc~ I .-, -7s : ‘\ r. d “%” ,.:, Ii2 / 1.. ,i’2.i..;g, 1 , STATE OF CAL3:FoRNIA DEPART~NI) OF PARKS AND RECREATION t'nVISIQNOF BEACHES AND PARKS Earl P. Hanson, Acting Chief CITY OF CARLSBAD -6- ApKXXXi2tiWl ---‘--..-‘-- Ch 430/68, Item 359 (#t-83-001) - ._-. -----.-L--- Fy1968/69 ----_ll___ 1 FU;iC Li.Gil OT rllzld ------.- . . ..--. ---.. -GsaszL-l,~2~~ .Outlay__-.-m.- ___-__ _-_____ I _ ____-_ I .-_^__ I.i?;? Itie!:. .:llot.;lent 4-69 8356 143.53 :~--.z:~~.y.-. :: I-IT_II - ~~~rzLz :‘-7. 1% II ..r I;=. .<.d z .z~.:-~;; :z.?z.:: .:~~-~~-~=~~~~~====~~~=~-.~~.~-~~~~~~= .e ::---r.y”=zz’r.... __. -__ - - -__ Amount of E:stinatc $23,891 .OO 111 -_-- _l_--_.._l------_---.-. --P-e.--- .-...-. __--_- -- .____ Unencurr.bcred Rm~2indrr -o- ---....--- ~111------1 -----------_ 1 &reby Certify upon r.Ay G:JI: pe.rsonal kn~~j~edge that budgeted funds zre evailable for the period ar,d purpose of the expenditure stated above. (After T. B.A. NO. or B.R. Eo. -..-A - _..-._ -- _X,,_,__I _--.- -..- - -. _-: .-.. --I--- ---- -------.--l~-.-- -- - w L . , h -. I. I .* _ FAIR EMPLOYMENT PRACTICES ADDENDUM 1. In the performance of this contract, the Contractor will not discriminate against any employee or applicant for employment because of race, color, re- ligion, ancestry, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employ- ment , upgrading, demotion 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 shall post in conspicuous places, available to employees and applicants for employment, notices to be pro- vided by the State setting forth the provisions of this Fair Employment Practices section. 2. The Contractor will permit access to his records of employment, employment advertisements, application forms, and other pertinent data and records by the State Fair Employment Practice Commission, or any other agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this con- tract. 3. Remedies for Willf ul Violation : (4 b) The State may determine a willful violation of the Fair Employ- ment Practices provision to have occurred upon receipt of a final judgment having that effect from a court in an action to which Contractor was a party, or upon receipt of a written notice from the Fair Employment Practices Commission that it has in- vestigated and determined that the Contract& has violated the Fair Employment Practices Act and has issued an order, under Labor Code Section 1426, which has become final, or obtained an injunction under Labor Code Section 1429. For willful violation of this Fair Employment Practices provision, the State shall have the right to terminate this contract either in whole or in part, and any loss or damage sustained by the State in securing the goods or services hereunder shall be borne and paid for by the Contractor and by his surety under the performance bond, if any, and the State may deduct from any moneys due or that thereafter may become due to the Contractor, the difference between the price named in the contract and the actual cost there- of to the State. STD. FORM 3 (4/65) OSP c .+ 1 2 3 4 5 6 7 8 - . ./-. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 a connection with the system of sewerage of the City, whereby the sewage or 4 ;. .--’ .I I *.; ..’ : .‘, i d ? P ORDINANCE NO. ‘i 0 23 AN ORDINANCE OF THE CITY OF CARLSBAD FIXING AND ESTABLISHING CHARGES FOR SERVICES AND FACILXTIES FURNISHED BY THE CITY SEWERAGE SYSTEM; AND PRO- VIDING FOR THE COLLECTION OF SAID CHARGES. The City Council of the City of Carlsbad, California, DOES ORDAIN as follows: SECTION 1. DEFINITIONS: (a) Sewage System: Those pipe lines, plant facilities and appurtenances constructed, maintained and operated by the .City for the collection and treatmentl ‘i of sewage. ‘3) .t The word “City” as used herkin’shall mean the City of Carlsbad, . . (I(c) Premises as 1 y -d herein refers to and shall include a lot or parcel‘ .- \ of land, with building or establishment thereon. ---‘:‘ (d/ *For the purpose of this ordinance the term “Unit” is herein defined as follows: (1) Each available trailer space of a trailer court whether occupied or not is one “Unit”. (2) A duplex, whether occupied or not; shall constitute two “Units”, (3) Each separate apartmen! in an apartment house whether i occupied or not, shall constitute one “Unit”, (4) Each housing accommodation designed for occupancy by a : single person or one. family, irrespective of the number actually occupying said accommodation, and whether occupied or not in a “court” of “flat” shall constitute one “Unit”‘. 1 (5) Each room of a lodging house, boarding house, or hotel, or 7, other multiple dwelling designed for sleeping accommodations for one or more individuals, whether occupied or not shall constitqute one “Unitrr. j f (6) Each water closet and each urinal in a business or commercial . . building shall constitute a “Unit”. SECTION 2. Every person whose premises in the City are served by 1 8 ./-- 9 10 11 12 13 14 .I5 16 17 18 19 20 21 22 23 SEC’TION 3. The charges fixed by Section 2 of this Ordinance, shall 24 be applicable only to premis&\ to which a sewer main is connected. 25 SECTION 4. The City Council may from time to time, in its discretion 1 26 and by resolution, fix, alter,’ change, amend or revise the charges and rates 27 for services and facilities in connection with the sanitation and sewerage systen 28 as herein, or hereafter, established and fixed. ; ’ I SECTION 5. It shall be the duty of the City Water Department of the r, City to collect all charges herein provided for. ” : : 29 30 31 32 industrial wastes, or either or both, are disposed of by the City, through the sewage treatment plant, or otherwise, shall pay a sewer service charge based as follows, to wit: CLASSIFICATION MONTHLY CHARGE Residential: (a) For each single family dwelling (b) For each unit of a duplex, flat, apartment, court or multiple dwelling Commercial: (a) For each unit of a motel, hotel, rooming, , lodging or boarding house - 10 units or less P Each additional unit over 10’; ; : (b) For each unit 0.: r ,j trailer court or motor court 10 units or le..,d + I Each additional unit over 10 $ 1.00 1.00 .40 . 30, : 50 .40 -‘+(c)-AMortuaries 5.00 (d) Laundromats, car wash, wash racks, laundries or other industires where water is the primary commodity to carry on said business and said water is discharged into the sanitary sewer system, ‘shall be charged the sum of three cents (3$) per each 100 cubic feet of all water used. (e) For each unit of an office or commercial building and all commercial establishments not listed above and not separately classified by future action of the City Council if 1.00 SECTION 6, The charges herein fixed for any premises shall be collected with the charges and rates for water service furnished by said City -2- I 1 to said premises. The charges herein fixed shall be billed upon the same bill 2 as is prepared for charges for water service, etc., and shall be due and payable 3 at the same time that such charges for water services are due and payable. The 4 total amount due for the charges herein fixed and for charges for water shall 5 be paid as a unit. 6 SECTION 7. The City Council of the City shall have the right to require 7 any person, liable to pay any charge herein fixed, to make a reasonable deposit 8 with said Water Department to insure collection of any charge herein fixed. 9 SECTION 8. In the event that any person shall fail to pay any charge e 10 herein provided when the same becomes due, the City may, in addition to any 11 other remedies it has, cut off any of said services and facilities referred to 12 in this Ordinance, and shall not resume the same until all delinquent charge, 13 together with any charges necessitated by resumption of such services and 14 facilities have been fully paid. 15 SECTION 9. The charges authorized in this Ordinance shall be computed 16 from the 1st day of April, 1960, regardless of the effective date of this ordinance. 17 SECTION 10. All ordinances or parts of ordinances or sections in con- 18 flict herewith are repealed. 19 SECTION 11, PUBLICATION. The City Clerk of the City of Carl&bad 20 is hereby directed to cause this ordinance to be published once in the Carlsbad 21 Journal, a newspaper published and of general circulation in said City of Carlsbap. 22 First read at a regular meeting of the City Council of said City held on 23 the 2nd day of February, 1960, and finally adopted and ordered published at a 24 regular meeting of said Council held on the 16th day of February, 1960, by the 25 following vote, to wit: 26 AYES: Councilmen Sonneman, Ledgerwood and McPherson. 27 NOES: None 28 ABSENT: Councilmen Grober and La Roche. , ‘/ 29 i0 i:.: g . . .; ;). (;A? ; [,,..i c/. ,’ !,, Ai ,‘j ,J .I..:{ +f .;( C B LEDGF WOOD May ATTEST. . 0; the’ City of ‘Carlsbad: s3::.: 3?;Jt?t;5$5&$&& Carlsbad, California (SEAL) I : . 1 .<’ -- c ‘. . . a’ SOUTH CARLSBAD STATE BEAN AGREENENT .- L 0 This agreement, made and entered into this firstday of September, 1965 by and between the STATE OF CALIFO?JJIA, acting through the Department of Parks ,and Recreation, hereinafter called "STATE", and CITY OF CARLSBAD, hereinafter called "CITY". WITXES SETH: ---------- RECITALS: This agreement is made with reference to the following facts: 1. CITY has a sewage system consisting of those pipelines, plant facilities and appurtenances constAructed, maintained and operated by CITY for the collection and treatment of sewage and has capacity in a sewage treatment plant and an ocean outfall known as the Encina Water Pollution Control Facility all of which are herein- after referred to as FACILITY, which has been in operation since August of 1965. 2. STATE is the owner of approximately 42.65 2 acres of land known as South Carlsbad State Beach, which said land is delineated on the map attached hereto, marked Exhibit **A", and by this reference incorporated herein. Said land will hereinafter be referred to as STATE L&ND. 3. STATE LAND can be served by FACILITY and has been served by FACILITY since September 1, 1965. / -* . “ , .; d * P, x” . . .’ , . 4 . The parties hereto wish to provide for the 3xmlching by CITY to STATE of a portion of CITY'S capacity in FACILITY for the use by STATE for the disposal of sewage generated on STATE LAND. 5. STATE is authorized to enter into this contract pursuant to Section 5003 of the Public Resources Code and Chapter 5 of Division '7 of Title 1 of the Government Code, and CITY is authorized to enter into this contract pursuant to Section of the I-Iealth and Safety Code, and the aforementioned Chapter of the Government Code. COVENfiiWS: Now, Therefore, it is mutually agreed between the parties hereto as follows: 1. This agreement shall be effective as of September 1, 1965. 2. Unless sooner terminated, as herein provided, this agree- ment shall be for a term of 30 years, commencing on September 1, 1965, and terminating August 31, 1995. 3. Subject to the provisions of Section 6 of the Covenants hereof STATE shall have the right for the term of this agreement, to discharge into FACILITY an average daily flow (in any one.year period,), of 40,000 gallons of sewage, including infiltration, generated on STATE LAND. CITY shall accept, treat and dispose of said sewage through said FACILITY. STATE shall not discharge or permit the discharge into I FACILITY of any sewage other than that generated on STATE LAND, with- out prior written approval of-CITY. I / -2- ,, 4 . , .i _I d e ,. . . ,: . . I . d 5. STATE is hereby authorized, at its sole expense, to con- struct, install, maintain, repair, replace, and/or reconstruct sewer connections to FACiiITY. The locations, installations, con- struction:, repair, (except emergency repairs), replacement and/or reconstruction of each and every additional connection shall be according to plans and specifications which are satisfactory to and are first approved in writing by CiTY*S Engineer. All sewage discharged by STATE into FACIiZTY pursuant to this agreement shall meet t'ne standards established, no?J and in the future, by CITY under appropriate ordinances, resolutions, rules, or regulations generally applicable to users of FACILITY. STAT3 shall not cause or permit to be placed, thrown, or deposited in FACILITY, any liquids or materials which will interfere with or prevent t'ne effective use or operation of FACSLITY. 7. STATE shall not allow excessive infiltration or storm waters to be discharged into FACILITY. STATE allow cooling waters or unpolluted industrial waste to or any surface shall not be discharged into FACILITY without the prior written consent of CITY'S Engineer. 8. FACILITY shall be maintained by CITY in good repair and good working order; provided, however, CITY shall not be obligated to replace or repair any portion of FACILITY except that necessitated by ordinary wear-and-tear and shall not be obligated to reconstruct FACILITY, or any portion thereof. 9. In-the event of an interruption of service to the STATE,by FACILITY as a result of disaster, operation of State or F,ederal>Law, or for any other cause beyond the control of CiTY, CITY s&all bear no liability for any injury or damage to any person or persons or ’ -3- 1 - - property or for the death of any person or persons arising from or out of such interruption of service. 10 * STATE shall pay to CITY not later than sixty days after the approval of this agreement by the State Department of General Services, the sum of Twenty Three Thousand Eight Hundred Ninety One Dollars, ($23,891). il. STATE shall pay to CITY a service charge of Four Dollars and Eighty Cents ($ 0.80) per year for each camp space and trailer space on the STATE LA:ND. In addition, for any dwelling or other facility on the STATE LAND, other than those facilities designed and used to serve camp or trailer sites, STATE shall pay CITY a service charge therefor in an amount equal to that levied or assessed upon premises within CITY as set forth in Ordinance No. 7027, as said service charges now exist or are hereafter amended or modified. Said service charges shall be paid by STATE to CITY, in arrears at the end of each fiscal year. The aforementioned service charges for camp spaces and trail- er spaces may be increased or decreased from time to time by CITY in direct proportion to any increase or decrease in the service charge by CITY to single family residence units in the'city of Carlsbad, which as set *forth in the aforementioned Ordinance No. 7027 is now Twelve Dollars ($12.00) per year per single family dwelling.' 12. Either party hereto may terminate all rights and obligations -4 I ii i hereunder, upon sixty (60) days prior written notice to the other party, in the event STATE fails, for any reason, to pay the fees or charges herein provided to be paid by STATE. In the event of any such termination, CITY shall be entitled to keep all monies previously paid to it by STATE hereunder. 13. The attached Fair Employment Practices Addendum Standard Form 3 (4/65) is incorporated herein for ali purposes and made a part hereof and for the purpose of this agreement the term 'ContractorU in said Form 3 (4/65) shall mean 14. WAIVER AND HOLD HARMLESS. Except as herein CITY hereby waives all claims and recourse against the .including the right to contribution for loss or damage CITY. stated STATE to persons or property arising from, growing out of, or in any , way connected with or incident to this agreement. CITY agrees to indemnify, save harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, or causes of action that may be brought against the STATE, its officers, agents and employees arising out of, or in any way I connected with or incident to this agreement, which claims, de- 2 mands or causes of action arise under Section 895.2 of the Government -Code, or otherwise. -5- I . . IN WITNESS WXEREOF, the parties hereto have executed this agreement on the date first above written. STATE OF CALIFOWIA DEPARTVBNT OF PARKS AXD RECREATION Fred L. Jones, Director BY DIVISION OF 3EACHES AND PARKS Earl P. Hanson, Acting Chief CITY OF CARLSBAD . . * .’ - I. . 1 . a * r - ,- .’ . . . FAIR EMPLOYMENT~RAC’I’ICES ADDENDUM 1. In the performance of this contract, the Contractor will not discriminaze against any employee or applicant for empioyment because of race, color, re- ligion, ancestry, or national origin. T‘he Contractor will take affirmative action to ensure that applicants are employed, anti that emplolyees are treated during employment ,, without regard to their race, color, religion, ancestry, or national origin. Suc’h action shall include, but not be limited to, the following: employ- ment , L+zgrading , demotion 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 shall post in conspicuous places, available to employees and applicants for employment, notices to be pro- vided by the State setting forth the provisions of this Fair Employment Practices section. 2. The Contractor will permit access to his records of employment, employment advertisements, application forms, and other pertinent data and records by the State Fair Employment Practice Commission, or any other agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this con- tract. 3. Remedies for Willf ul Violation : (4 b) The State may determine a willful violation of the Fair Employ- ment Practices provision to have occurred upon receipt of a final judgment having that effect from a court in an action to which Contractor was a party, or upon receipt of a written notice from the Fair Employment Practices Commission that it has in- vestigated and determined that the Contractor has violated the Fair Employment Practices Act and has issued an order, under Labor Code Section 1426, which has become final, or obtained an injunction under Labor Code Section 1429. For willful violation of this Fair Employment Practices provision, the State shall have the right to terminate this contract either in whole or in part, and any loss or damage sustained by the State in securing the goods or services hereunder shall be borne and paid for by the Contractor and by his surety under the performance bond, if any, and the State may deduct from any moneys due or that thereafter may become due to the Contractor, the difference between the price named in the contract and the actual cost there- of to the State. STD. FORM 3 (4/65) CSP 3 . - w L . , h -. I. I .* _ FAIR EMPLOYMENT PRACTICES ADDENDUM 1. In the performance of this contract, the Contractor will not discriminate against any employee or applicant for employment because of race, color, re- ligion, ancestry, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employ- ment , upgrading, demotion 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 shall post in conspicuous places, available to employees and applicants for employment, notices to be pro- vided by the State setting forth the provisions of this Fair Employment Practices section. 2. The Contractor will permit access to his records of employment, employment advertisements, application forms, and other pertinent data and records by the State Fair Employment Practice Commission, or any other agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this con- tract. 3. Remedies for Willf ul Violation : (4 b) The State may determine a willful violation of the Fair Employ- ment Practices provision to have occurred upon receipt of a final judgment having that effect from a court in an action to which Contractor was a party, or upon receipt of a written notice from the Fair Employment Practices Commission that it has in- vestigated and determined that the Contract& has violated the Fair Employment Practices Act and has issued an order, under Labor Code Section 1426, which has become final, or obtained an injunction under Labor Code Section 1429. For willful violation of this Fair Employment Practices provision, the State shall have the right to terminate this contract either in whole or in part, and any loss or damage sustained by the State in securing the goods or services hereunder shall be borne and paid for by the Contractor and by his surety under the performance bond, if any, and the State may deduct from any moneys due or that thereafter may become due to the Contractor, the difference between the price named in the contract and the actual cost there- of to the State. STD. FORM 3 (4/65) OSP l ,.- l . I 1 2 ,;r :3 4 5 6 7 8 9 10 11 12 13 14 15 1% ,/ ,’ ,/)" 17 18 19 20 21 22 23 24 25 26 27 22 29 iI ,/’ /I ,il /I I 1~ (~ 0 I’ II j! I I ij // II I/ I i I/ 1; jl 1; Ii 11 1~ , i1 11 1 I’ , 1; Ii !I ’ I/ : I ’ i/ I’ i! ; !I // I ii ? R~sgLljTI~;\~ OF -j-!-;z CI-,;'! cou;\JcIL OF -j:;Er: c]:-;'I '3F ~jltiJis~$,C ,q 3 -j- i' 0 p, T 7 T r,I c - - . 1 I -I ,"s.yg 'CIID\EcTI;(!; EXECUTIO!i OF SOUT? CARLS3AD STATE 3EACH AGRE&NT ON !Jii:h 9 tl: " 1 L ,c If F CITY. --- Be it resolved by the City Couycil 0-f the City cf Carlsbad ++Y.:. b I ; t, it does hereby authorize and direct the 5iayor to execute cn beha?? of the city of Carlsbad that certa-in docu:nei-.t entft?ed SOUTi-1 CARLS- EAD STATE BEACH AGREEKEi\IT dated Se?teiXber ? 9 > 955. PASSED, APPROVED, AND ADOPTED at a re;u?ar meet ing of the City Council held February 21, 1967, by the fOl1 OWiTlg Vote t0 Xi t :, AYES: CiT!n. Nor-thing, %e NOES: Pd 0 n e . AESENT: None. fsxender, Atkinson, Dunne andiJardine is/ W. C. Atkinson, Jr: ---II ! ' >: . C. ~-lei<I~.llO~C,~. , I<atjor of tpLe Cjt:~ of Car! cbad- i Carisbad, Cal ifor~.ia !I. ATTEST: ,/s./ Marcla_ret.E. Adams ?'iARSAREl c . ADANS City Clerk 4 1 ~‘l”.,lnr,,.” .,,,.“.. “I, ‘,, ‘*P” 1” II ll‘“,“l.r. . m l ” - . .I * . . i . = STATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO ) ss. Margaret E. Adams I. /. ) (:ity C:lcrk of the (Iity of Carlsld, (hrlt). of San IIirlgo, State of Chliforni;i, Iwrc~l~y wrtify tllnt I 11aw c0mpar~d tlte foregoing’copy wit11 the original ..~.R e.s 0 1 U.t~i 0 n ~.. passc~1 and adoptd l)y saitl (Iity (hlncil, at ? .rCg Kl.!A!Y ..~ nleeting tlicrwf, at tlw titnc and by tlic vote tlwrein statccl. wlric+ origillnl ~..R~s o 1 u t i on. ~.~~. is now~ OII file in rnv driw: tlclt the WIW contains a f1111. trrw ant1 c,orrcd tramscript tlifdbm~ antI of tlw wliolc thc~rcof. \\/‘itnc>ss III)’ lialrd ant1 tllcs scxl of .s;litl <Iity of (hrlslx1t1, tltis ? 7thay of ~.. Fe~bruary b .!.%Z.. 2960 Pio Pica Drive amp of @lMsrbab tltartbd, QIolifimia January 30, 1967 Telephone: 729-l 181 TO: Council FROM: Attorney RE: South Carlsbad State Beach Sewer Agreement Gentlemen: Attached is a form of Agreement developed by the staff in conjunction with representatives of the State which provides for our providing sewer service to the South Carlsbad State Beach Trailer Park, The main features of the Agreement are that the City will receive $23,891 within 60 days of approval of the Agreement, p lus $4.80 per year for each trailer space. If you wish to enter into this Agreement, please approve it and authorize the Mayor to sign it on behalf of the City, We will then forward it on to the State for execution and return, Very truly yours, STUART C. WILSON City Attorney SCW:lw Attachment -*- -- $+-j STATE OF CALIFORNIA-RESOURCES AGENCY RONALD REAGAN. Governor DEPARTMENT OF PARKS AND RECREATION P.O. 80X 2390 SACRAMENTO 95811 October 2, 1968 City of Carlsbad 29Wpi0 kit30 Drivt3 Carl&ad, California Gentlemen: Attaohed is a fully executed and approved copy of a contract dated September 1, 1965, under whiczh the State of California will pay you $23,891.00, for cmnnection to your sewer system. Your recent invoice in this amount is being processed and it should bs paid shortly. Sincerely, attach