HomeMy WebLinkAboutCC Reso No 1966-1184
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RESOLUTION NO. 1184
RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT BETWEEN
THE STATE OF CALIFORNIA AND THE CITY OF ELSINORE
PURSUANT TO CHAPTER 1641, STATUTES OF 1959
WHEREAS, the City of ELS I NORE . has previously
requested the State Department of Finance to provide planning assistance
to it under authority of Chapter 1641, Statutes of 1959 in conjunction
with Section. 701 of the Housing Act of 1954, as amended; and
, WHEREAS, the State has accordingly prepared a proposed agreement.
between the City and State entitled '''Agreement Between the State of
California and the City of ELSINORE relating to Urban
Planning Assistance", further identified as LPO-p / 193-CNS-l .
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. That the City Clerk, Flnrpnp M~r~h~ll is hereby authorized
and directed to execute the aforesaid agreement with the State on behalf
of .the City and the City agrees to be bound by the terms thereof.
2. That should subsequent events indicate to the State the
necessity or desirability thereof, at the request of the State, Florp.M
Marshall is authorized to enter into and execute on ~ehalf
of the City any amendment to this agreement proposed by the State which
does no more than extend the maximum period ,for completion of any services
to be performed by the City thereunder to such date as is requested by
the State and which does not extend beyond the maximum-completion date
permitted by the Federal government for Federal part~cipation in the pro-
ject"
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3. That the City Clerk. and City Treasurer are
and directed to issue a check in the amount of $10,440.00
to deposit said sum of money with the State of California
in accordance with the terms of such agreement. -
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authorized
and
to be administered
4. That the City agrees that the completion of the services
contracted to be performed by Wi 1 say, Ham & B 1 air under
a contract executed between the State and said consultant in accordance
with, or substantially in accordance with, a proposed contract between 'the
State and said consultant submitted to the City via letter of the Planning
Agency dated December 14. 1966 , would constitute a "carrying.
out" of the- project by the State und4!r the aforesaid agreement between the
State and ~ity.
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Resolution No.
1184
(continued)
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this
s. Passed by the City Council of the City of Elsinore
23 rd day of Mav , 19 66
AYES: Berry, Bittle, DePasquale, Yarborough
NOES: Carter
ABSENT: None
BlPECTIV!: M8v ?~r Iq66
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ATTEST;;:" /;"'~. / ,/ ' '".;;;'S', 1 4' (l/~ (-<,/
CITY CLERK
1 certUy that the foregoing is a correct copy of a Resolution adopted .by
. the City Council of E 1 5 i no re ~ this 23 rd day of
~ii'l" 19 6(,
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CITY CLERK
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AGREEMENT EETWEEN 'IHE STATE OF CAJLIFORN IA
AND
THE CIty OF "~REJLATING TO
URBAN PL~~NING ASSISTANCE
o
THIS AGREEMENT. 1In,~die .and entered into this
13th day of June
19 66, by and between the CITY. lOF
.~
, hereinafter referred to
as lithe City!l, snd the STATE OF (CAJLIFORNJtAv lIletting by and through the STATE
DE?ARTMENT OF FINANCE~ hel'dnafttere reefet'lrsd to Slell lithe Statel'.
lIlY I cT N E S; SET H::
WHEREA$v the State de~ire~ to sssist the City, in accordance with
Chapter 1641, St~ftut.e$ of 1959, in undertaking ~n Urban Planning Assistance
Project, which 1s to be partially financed by the Federal Government under
Section 701 of the Houli1rng Act of 1954, (P. L. 560, 83rd CongrelUJ) IU amended,
and
WHEREAS, the City oestrel to participate in said project, and to re-
ceive the benefits accruing under the aforesaid Federal law,
NOW, THEREFORE~ the partie~ hereto do agree ~$ follow~:
1. That the foHowing definitions ab.dl apply to the following terms
as used in this agreement, except \where the context necessarily requi res other-
wise:
(a) 'VThe Projectll means the phlnning project (lOr Slny portion
thereof) deSlcI'lbed in Exhibi t 'VA" attached to this agreement and
made 8 part hereof, that i~ ~p~roved by the Government and incor=
porated into the ~r,contt'aiC\I:;'v <111$ defined in the following subsection.
(b) ;~The: CO!l1ltlI:'!lCtCV m~umlBl a1 writtem agreement between the State
and Gowernmefllt, &!lYld imy slmen.dment:s thereto, relilllting to a Federal
grant far the project pur~u~nt to Section 701.
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(c) "The Budget" means the budget approved by the Federal Govern-
ment with respect to the contrlict, and any revision or modification of
such budget approved, authorized, or permitted by the Government.
(d) The "cost" means an amount equal to the sum of all obliga-
tions incurred by the State by virtue of the contract, this agreement,
or by virtue of any contracts between the State and third parties re-
lating to the project.
(e) nSection 701" means Section 701 of the Housing Act of 1954,
as amended.
(f) liGovernment" means the Yeder'al Government.
2. Upon entering into the contract the State shall supervise the pro-
ject, and shall carry out either directly or vIa contractors all thereof, except
that the State shall not be required to carry out any portion of the project unless
the State has received sufficient funds therefor from the Government or the City,
or from an appropriation by the Legislature.
3. It is agreed that any payments received by the State from the
tederal Government or City for the project shan be expended solely toward the
completion of the project in a manner consist'ent with the contract and t~ts agreement.
4. All covenants of the State in thiS instrument, in addi tion to being
subject to any contingencies stated in connect1()n therewith, are subject to com-
pliance by the City with all its obligations and covenants under this agreement.
5. Upon entering into the contract, and subject to the terms thereof;
the State will, from time to time, file with the Government all appropriate docu-
ments and comply with all requirements of the Government necessary to obtain the
grant or grant!')
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6. The State agre~s to request changes in the project, budget, or con-
tract, as may be requested by the City and approved by the State, provided that
all provisions of this agreement shall be deemed to apply to any such changes
consented to by the Government.
7. The State may, irrespective of whether or not it engages contractors
to perform any of its obligations under this instrument, insofar as it may deem it
practicable under the conditions whereby the Same may be permitted by the Government,
include in the cost official time devoted directly to the project by any of its
employees.
8. The State may terminate this agreement at any time by notice in
writing to the City, provided that all rights ~hich may exist on behalf of either
party against the other by virtue of any act or transaction related to or arising
out of this agreement and occurring prior to such termination, shall be unaffected
thereby, and provided further that the State shall. upon termination by it of this
agreement, or as soon thereafter as may be practicable, file a claim for reimburse-
ment from the Government for all amounts to which it may be entitled under the
contract upon such termination, and shall account to the City for any proceeds
received by the Government in the same manner as if such proceeds had been re-
ceived prior to such termination.
9. The City agrees to pay to the State an amount equal to the cost,
less the Federal grant made and actually disbursed under the contract, provided
that for the purposes of the foregoing Federal monies shall be deemed to be
actually disbursed in accordance with final adjustments of amounts due between
the State and Government under the contract.
As is credit against its obligations to pay the cost, the City agrees to
pay the State the cash sum of $ 11.....11 on or before July 15 , 19 66.
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In addition to any other obligation assumed under this agreement. the City also
agrees that it will promptly remit to the State upon its request ~ny additional
amounts which the State deems necessary by reason of any default on the part of
the city in the completion of services, or by reason an the part of any consultant
with whom the State should contract to carry out any portion of the project.
10. The City will cooperate with the State or its contractors in con-
nection with any act or transaction to be performed, or which may be performed by
the State, or its contractors, in order to receive any benefit of the contr,act, or
in order to carry out the project. To this end the Ci ty will (1) follow any in-
structions which the State or its contractors may give in connection with carrying
out the project, and (2) do (or refrain from doing) any act, inCluding, but in no
wise limited to, the furnishing of reports, maps, photographs, documents, data,
information, or legal apinions which the State deems necessary to perform or carry
out, or to require appropriate observance of any of the terms and conditions of
the contract.
11. In connection with any phase of the project with which it is con-
cerned, the City agrees to keep such accurate accounts and books relating thereto
and make such changes in the procedures respecting the same as may be prescribed
from time to time by the State. Such books shall be available for inspection,
audit, or copying. in whole or in part, by the State or its contractors or by
the Federal Government for any purpose that in the opinion of any of these parties
may be pertinent to the execution of their functions under the contract or project.
12. If pursuant to any provisions of the contract the Government asserts
any claim which the State deems valid for the recovery of any of the payments
made by it with respect to the project, the City agrees, in addition to any other
obligation it may have under this agreement, to promptly transmit to the State at
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the latter's request any funds necessary to satisfy the Government's claim,
to the extent that the State does not have on hand, or readily available to
it, funds previously received by it from the Government or from the City on
account of the Project sufficient to discharge the Government's claim. If,
however, after the Project is completed, the funds received by the State from
the Government with respect thereto, when added to the funds received by the
:tate from the City therefor, are greater than necessary to reimburse the
State for any expenses it may have had in connection with the Project, in-
cluding any expenses contemplated by Paragraph 7. above, if the State elects
to include such expenses in the cost, the State shall promptly remit such
excess amount to the City, provided that in no event shall the City be entitled
to any interest upon any funds paid or advanced by the City to the State with
respect to the Project.
13. The City agrees to do, and lnsofar as it is within its power, to
permit no act which would cause, or result in, a violation or breach of the
contract by the State, or result in its suspension or terminati"on by the Govern-
ment.
14. This agreement shall not be operative until (1) the amount which
the City is to remit to the State on or before Julv 15. 1966 , pursuant
to Paragraph 9, hereof, is received by tbe State, and (2) the contract is
entered into.
15. The provisions of the "Fair Employment Practices Addendum"
attached hereto are incorporated herein and made a part of this contract.
16. The City shall not assign any interest in this agreement, and
shall not transfer any interest in the same (whether by assignment or novation),
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without the prior written consent of the State thereto; provided, however, that
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elaims for money due or to become due the Ci.ty from thE~ State under this agrC!2i-
ment may be assigned to a bank, trust company. or other fi.nancial institution
wi.thout such appro'val, Notice of any such assignment or transfer shall be
furnished promptly to the State.
17. No official of the City or State who exercises any functions or
responsibilities in the review or approval of the undertaking or in ca=rying out
of the project shall participate in any dedston relating to this agreement which
affects his personal interest or the interest of any corporation, partnership or
association in which he is, directly or indirectly, interested; nor shall any
such official of the City or State acquire any personal interest, direct or indirect,
in any contract or proposed contract connected with the project.
18. No Member of or Delegate to the Congress of the United States of
America, and no Resident Commissioner, shall be admitted to any share or part
hereof or to any benefit to arise herefrom.
19. IT IS MUTUALLY UNDERSTOOD AND AGREED that no alteration or variation
of the terms of this agreement shall be vaUd unless made in writing and si.gned
by the parties hereto, and that no oral understandings or agreements not incor-
porated herein, and no alterations or variations of the terms hereof unless
made in writing between the parties hereto shall be binding on the undersigned.
IN WITNESS WHEREOF, the State and the City have executed this agreement
on the day and year first above written.
CITY OF
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STATE OF CALIFORNIA
Department of Finance
State Office of Planning
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ATTEST:
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By
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l..PO-PI 1 93-CNS.. 1
CITY OF EI.SmOU
(W11ae1. ~ & 81air)
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IXHISIT IlJ.,*'
lfATt1nl1l!ft) f'UUOSE O,fLANNXNG ~
1. Definition of 'hnniq Al.'oa
2. InVerttory and 4n41181. of.".USlble data, to tlllclud~iU: :..1 "l"';..l-"C;;" .I".,I/.! >
a., Preparattoaof base .aps aDd 'IOO1DB Al'e4 IMppina
, }
b. Study of aaDSll4d. ..bel MtU1:'al 'tatu'I'eQ to detemta. physical
. , ", I;".. 't ~::t:~,,';~ ~:-~'~; :~'~:.:, ,"
Ullittation of plaaatna. iaeludtq dratBasltjistruc:ture..' 'hiah . .
qu.t1ity asrlcultvt.$l land, bu1~t-up areas. major 1'01l1d4, am! .;
ra11 UI1..
c. Map.ad tabulaeo ea1stioa land uSeS to DnOW distribution of
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re.tdenUal. cOCIIlDeretal. 1oduetdal. agricultural. vacant and
puO 11e land.
d. Map aad tabula~e external houatft8cha~aeteri.ttc., tnc:lvdina
evideacea of bl!Sht and deterioration
e. Hap.ad tabulate oxuttng .Otting
f. Stud:l.C!. of exbetas eire'llation routes and traffic ftow. Street
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and blabwa, need. would be related to traffic senoratias
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cap.city of land uses. Area. of $reate.t traff10 1QVODven:l.ence.
.04 parkina need will bo del1gned.
g. IDveatory and analysis of the latest available data on populatloa
characteristic., mcludillS age, income, boustns. occupaUOQ. and
faUy eiae. XlebttoD to otber ciUes tn JUveratd. County w11t
be studied.
bi Analy.ts of public .chool enroll.ents, Ichoo1 8111e, loeatioD,. and
space standard.
i. Studt.. aDd analY8h of ,ark and recr..UoIA aJl:'eaa 1n tom. of
81a.. locat10n, and standard,
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(,' Ll"O-P/193-CNS-l
'CITY OF ELSINORE
~tl.eYt. Ham. & Blaif)
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j. AD evaluation of public buildings in te~. of sla. and tocation
3. Economic Position of Elt1nOZ"~. tolncl1.tde evaluation' of the C1~yt8 resources
and potent1alto det~~1ne it. capacity and poeslbilities for balanced.
growth w1thill theeurroundin$. arel!l~ . An econ01lltc study will be ude of
the Clty'scUt"2:'ent weaHh., ~ployment. b\1sinessactiv:ity, retail.ales.
assessed valwttions. and diepo!abte incOlite. ParticularattenUon will be
devot~d to the r.o1e of 'tourism in the, economy.
.4. Community' Goals and Objecthes, to include:
a. ~amination 0111$1no2:'.'.futu2:'. within the ,urroundlng area. ttegionat
patterns of industrial location, resort construction, commercial
activity. 'reSidentbl settlement and density trend. will. b. evaluated.
Official plant fo.teredby adjacent ~itiel. the County of Riverside.
and, special di$trlctt wi!t also be Gtud!e~ and dOftsideration given to
their .impaet on the City of Elsinore., in the future.
b. Determination of the future functton 81\d purpose of the City of
!1stnou.
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c. neteminatio1\ of what the 1,18u81 appes:rance of the City and its cOluponent
parts are to be
S. lorecalts and projections ofltconomic Base. Population, E'I1lployraent.Buying
Power. and Future tartdaequ iremenU
6. l'reparationof the Corllprehenl!l1ve General l'l$1\for the City of 118100re geared
to physical c.tevelopment to the year 19JJS, to tnclU<le propoeab and recommenda...
tions for:
a. Statement on the assumptions, objectives. and principle. underlying the
features of the plan.
b. The uae of residential, commerdd, indu8tdal.~Z"ecreationa1, agricultural,
and public land.
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tPO-P/193-CNS-l
CITY OF ItsI!lOaE
(Wl1sey_ Ram & B~~ir)
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c. C1rculattotl aM transportation factl1Uel
d. Residential densttie, and comauait1 facilities
e. Schoob
f. Netshbo~bood.. des!~nated by boundqrt~s and luggeated ft~.
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8. Zoning
1) the Etstnore Zontng O~dlnance wilt be reviewed and .Uisc8tloca
_det so to Rev ItandaX'ds. new <H.otriet res;ulaUon. and ow
tora.e to carry out the purpo,e. of the Oeneral 'lan.
2) hopo..bfot' l'e.ot&1ol. to reflect tbo GellGral nan; will be
"ad..
h. ConservaU()l:l, rehabUttatton. and: renewal programs'
1. hecis. plans detet'&lltne4 to be n"d(t~
j. Comun1ty development tn'OgrA=tng for the auracUon of industrial.
com=erelat and tourlet tactlitte. aad activities for improvement of
the local tax baaG will be made.
7. it Centt-al lustaee. IHstr1ct ,lan wU 1 be prepared. 80 8S to provide the .
City with .a bui8 t.oy: eoo'tdti:lstioQ of ptiv4lte and. pubUc investments in
land \tse. The areaproPo$ed tor study wou.ld be that as def:lMlli 1n the
Compr~beDBive ~ner41 P14ft as the Cener.l8usioes. btserict of Itsioore.
Planning stu4tea will take tnto consideration any competitive commeret~l
ara.. a180 9~opo..4 tn the General fla~. A Central Bustnes. Di,trict
study ...,111 be patteraedaloa.g tbe foU"w1rt& Une$:
a. Res.arch
1) Review the present ba.is tor commercial land allocation and
dt8tributlon 1ft the dty and in the planning are.
2) leview extattug data relating to foreca.tlS and projeCtions of
~toymeat. buying power. traffiC and parlld.t\& requtremenu
LPQ.,/t 93"CWS"1
CIn 01 ELSINO.M
(iilUeey. a. &I ~b1r)
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b. Analysta
1) On tho ba,ls of available econom1c data of present buying pow~r,
retail ..lea. hous~l.)14 ittcom., cU..poaaM.. :lncQD'le, factor$ of
UN aad convenienoee. tbe p'Qtenttal purchusina power aYaUable to
tbe Central Busino.. l'Hstdctwttl be tncUcatfld.
2)
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An ~8tt.8t. will be ~de of tbe amount of ret.il floor area ~bleh
can be $Upported by e~pGctatlon~ of future bU1!ns power
3) Ana1yots of thephy.1.c.l cowu'Uon of all Itructure. t11 the
Central Bus1n'e$1 tl,i,tdct cb.astfying buUdlnss. spaces. and
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bQ.dlS~.p1a.g that cOllId be cODllhl1rvOO. ~p1:"(Ived or ph._cd out
because of historical #1e~tttc~neeJ economic conditlons Or
~h\\stbettc 4ppearaltce. lo(ulI'l po!nta,. unique facades, aM
tntereat1l1$ t;e~tQre..wtll Oe r~cQ1"ded.
4) Objocttwe will be prepared .aad l'ecomJXl(llltdatiol)' made for ewer-aU
developt1lont In the Central Busttte.. 01etd.ct.
c. neatp
1) A Central 8uSUIluuJ tlioltrtl':t r>lGtt 1'11.11 be prop4red .hoV1QlfutUl"e
Innd uae. cltcu1at1oQ. Gnd Qfl~.tl'eet p*rktn8~
2) Standards tor off...treet parking with respect t& luture c~rc1al
land requirements vlll be developed.
3) Development Poltcy Statement aa a $Uide for ,roperty ~~ers.
future investors, merdlanta, tlle 'lallld.ns ComIllis81oa. aDd tbe
pubUc et ta'l'gtll ,,111 be Clade.
4) Site plana .OO/or ptra:p$ettve& to 1t1u.tr.ee tbe cb.aracter of
development 17111 bell'r4rp8t'1ki.
8. SUII.1m4ry of saap. and upon.. to be. p...pafed
e. Hapa
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Uo-P/193-CNS-l
CITY or lLSIh'OU
(Wilsey; Ii4~ & alai~)
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1) Land USG NPiQ full color', OM (1) cOP1 aOQ'"'l'epl'odu<:tblo.
iIlpproxiute .calo bettleel' 1*- qa 300' aM In .. 800'
2) Housa& cl1ar.acterbtica !laPt black 41\14 1ihite,oue (1) copy non-
reprot!uetbh, .pprO"^U:lat~G 6calJ$ betw6n 1<< .. 300. sJ.'J.d tn. 800'
3) Zoatns map (o:KtSt1ng) in fun (;0101'. 0110 (l)eopy ,,",-reproducible.
appro~d.maee IJc4&le between rt .. 300' a1\4 I*' .. 800'
4) GeMral Plan IMp in full co!!)I'. OQe (1) QOD-repl'oductble.
appro~d,mat. scat. bet~en 1.<< !Ill 300' and 1".. 800'
,) ClIlnt:ral Jhla1nt__ DtGtdct V.Y~lopu;~nt Pl<<n, 01.\. (1) copy in fuU
401011'. IlQQ-reprodtu::ible. apprutmQte se.:!,le 1" .. 100' Ol' 1" .. 200'
b. leports
1) A technical .uppl~nt roport on data for tbe Genetal P14o. off...
.., ,~lGt1G&t 100 ~oplel
2) the Gen&r.at~bn report. off-set pt'lnUne. .500 <:$1'1..
3) Zoning Ordinanco review. 0l1meo$t".a~h. 25 copies
4) h~c1s. .Pt.n recomlntndaUons. G:L~'l$op"aph. 2$ eopte.
For the purpose 01 turnishing corroboration of the c~pletton 01 the services
.pecifted above to tbe FedQral &overnwant. contraetor $hall turn ish tbeplann1ns
'seney With three copieliJ of .aU documenu, ptlbl!$he4 01' UClp\lbU$hu. cOGplC!ted
with 'telp4lct to each it_ of tJon1ce8 epedf1ed above eu."t that five copteeof
aU reports or st\ldte.1 cQnhtntn,g i!l.ny '(ef:,itll~ndac;tM. dealing with ci~cu1.lllt1cn
or transportation vUl be furniehoct. With. respect to \1lOdela and unpubl1ehed
up. and plans such as aedatnulpa, and 1lIi4plS and plans which are colenred or are
too tatge to t.old compactly, tt 11~ l'equtl'H that ctll,. thl'ee (3) photographs 01t'
pbotnst$ts of eac:h (1" color 01: black and wbtt. _04 .-1: tea8t: au x 10" in. 81ze)
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U'O""/193...CUS...l
Clft 01 ELSINORE
(WLlsey. I~ ~ D14ir)
be cubll1tted a'a s;raphtc record for rwlew and refer*M. purposes. IlleR $u~b
photoil'aph or pbotostat _hall b4 tQ~tbly !deQtlftt~ 8' to tttl& and scate of the
or!~1J:1..1 docuu..at. tb.* munldpal1ty or al'ea eovl\!t'ed. and the repart or study to
which it relates. snd alla11 cQntdn a not:~u.on of the pl~c. ;..here 'the ortg1U4ill
ill loeatec:l.
Nm: In all 1ttBtan.clf!stn tats eon.traet. 'Wh~teth~ $pecU':te area ot bOlUldaria$
of .. map or map. b Cot Cltated, the area ()t' bcm.m.t.t!c.ot the mep 01' mIl'l 1. to
be determined by tn. City or Contr$ctO'r en.. botb.
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 payor 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 Willful Violation:
(a)
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 thereaft~r may become due to the Contractor, the difference
between the price named in the contract and the actual cost there-
of to the State.
(b)
STD. FORM 3 (4/65)
OSP