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HomeMy WebLinkAbout1973-10-02; City Council; Resolution 3232RESOLUTION N0.3232 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE DEPARTMENT OF CALIFORNIA HIGHWAY PATROL AUTHORIZING THE STATE TO USE THE PISTOL FIRING RANGE OPERATED BY THE CITY FOR A 5-YEAR PERIOD. BE IT RESOLVED by the City Council of the City of Carlsbad as follows: That the Mayor of the City of Carlsbad is hereby authorized and directed to execute on behalf of the City that certain agreement with the Department of California Highway Patrol, authorizing the State to use the pistol firing range operated by the City of Carlsbad for a 5-year period. copy of said agreement is attached hereto and by this reference incorporated herein. A PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 2nd day of October , 1973, by the following vote, to wit: AYES: Cmn. Dunne, McComas, Lewis, Chase and Frazee. NOES: None. ABSENT: None. ATTEST: ,-- (seal) Lr=3,, “-73374 3y e~d Ix?mesn State sf California, through its duly elected or appointed, qualifi26 and actizg Fiscal Officer, Department Q€ California Highvay Patrol, Knreimfter called the State, and City of Carlshad 3 hereinafter called the Conexactor, WImESSETH: Thae the Contractor, for and in consideration of the covenanes, conditions, agreements, and stipulations of the Seate hereinafter expressed, does hereby agree to furnish to the Skate services and materials as fOIIOWS: he Contractor hereby authorizes the Department of California Highway Patrol to use the pistol firing range owned and operated by the Contractor subject to the following provisions: 1, The Contractor agrees that the State s‘nafl have “be us8 sf all. farilHities of the pistol range. 2, The use of said range by the State shall. be limieed to those ambers of the Department of California Itligfiway Patrol permanently assigned to the ccearzs ide Area 0 3, Contract~r and State agree said. shooting range shall be open and useable by rcembers of che Department of California HighTclay Patrol at such times that are mutually agreeable to both parties heyeto, .. 5, Either party hereto may tersninar~e this agreea2nt at any time duriiig said Germ by giving written notice thereof to the other party at least chi~ty (30) days prior to the effective date of such termination. No alteera"sion or aaeadments shall be valid unless made in writing and signed by the parties hereof, 6, The parties hereto agree that empty cartridges sesuftlng from Patrol members shooting will be the property of the Contractor 7. State agrees that menSers of the Department of California Highway Patrol. will be subject to range safety rules established by the Contractor and orders of the Contractox while exercising the privileges of this agreement. 8,, This agreement will. co-mence on the date of execution and expires June 30, 1978 . 9, AI% notices herein provided to be given or which may be given by sicher ?arty to the other shall be deemed to have been given when made in writing and deposited in th2 United States nail, registered and postage prepaid and addressed as follows: city of Carhbad -- 1200 Eh r4~eaue3 Carlsbad, CA 92808 and to the Department of Califomis ~ighway Patrol, POSL Office BDX 898, Sacramento, California 9.5804, he l'8. ::he Staze hereby agrees to pay for the services and ma2erial.s at the tizz3 ad in the illanner and fur the consideratLon herein exp~ssed. 12, :he parties h~~eto agree that the Contractor, and any agents and e.i;lployees of Contractor, in the performance S€ this agreement, shall act in an independent capacity and not as officers OH emp10yees or agents os" Szate of California, 13. This agrement is not assignable by Contraceax either in whole 037 in part, 24, ~isne is of the essence of each and all the provisions of this agreeneat, and the provisions of this zgr,oenent shall extend to and be bindhg upon and -inure to the benefit of the heirs, ew~cutors, administrators, SUCCZSSQTS, and assigns of the respective parties hereto. 15, The attached Standard. Fom 3, Fair Employmmt Practices Addendm, is inrosparared by refesezlce and made a part hereof, -3- T 1TLE DAVID 14. DUNPIE I\lAYOR STATE OF CALIFORNIA DEPARTiWNT OF CALIFORNIA HIGHWAY PATROL TITLE Fiscal Officer Support Item 184 Chapter 129/73 Land & BPdg - Rent 2412 Pmount of Estimate r Q&20 00 1. In the performance of this contract, th.5 Contractor will not disci- ~~~~iist '>*?<. any employee or applicmt for employn:ent became of race, calx, re- iicjion, ancestry, sex, or national origin. I'i:.ii Contractor will take affii-mative action to ensure that appiican-ts are employe:?, and that ezployees are created dxing employment, without regard to their rzce, color, religion, ancestry, sex, or national origin. Such action shall inclxde, but not be limited to, thc. follow- icg : employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensatior!; and selection for training, including appr.ent:iceship. The Contractor s?dl post in conspicuous places, available to employees and applicants for employment, notices to be provided by the State setting forth the provisions of this Fair E rnploy me nt &act ices se ction . 2. advertisements, application forms, and oth~r pertinent data and records by the State Fair Employment Practices Commission, or any other agency of the State of California designated by the awarding authority, €or the purposes of investigation to ascertain compliance with the Fair Employment Fractices section of chis con- tract. The Contractor will permit access to his records of employment, 2mploymer.t 3. Remedies for Willful Violation: [a) The Smte may determine a wiliiL1 violation of the Fair Employ- ment Practices provision to hav2 occurred upon receipt of a final judgment having that effeci from a court in an action to which Contractor was a party, or upon receipt of a written notice from the Fair Employment Fractrces Commission that it has In- vestigated and determined that ::?e Contractor has violated the Fair Employment Practices Act md has issued an order, under Labor Code Section 1425, whic;? has become final., or obtained an injunction under Labor Code Section 1429. (b) For willful violation of this Fair Exployment Practices provision, the State shall have the right to termhate this contract eiLher in whole or in part , and any loss or damage sustained by the State in securing the goods or servic2s hereunder shall be borm and paid €or by the Contractor and 3y his surety under the performance bond, if any, and the State may deduct from any moneys due or that thereafter may become due ro the Contractor, the difference between the price nand in the z'ontract and thi? actual cost there- of 10 the State.