HomeMy WebLinkAbout13-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Or It'" n , ~bject: Resolution Authorizing the City
n I "" , j w'A dministrator or his designee to execute ail
ogram Supplements to the Master
Agreement for Federal-Aid Projects (No. 97-
114).
Dept: Development Services
Date: October 29,2001
File No.
Synopsis of Previous Council Action:
MCC Date: November 5, 2001
May 5, 1997 Resolution No. 97-114 approved authorizing the Mayor and Common Council to
execute a Master Agreement for Federal Aid projects between the City of San Bernardino and
the State of California.
Recommended Motion:
Adopt Resolution
J~~
Contact person: Mehran Sepehri. Senior Civil Eng:ineer
Phone: 384-5127
Supporting data attached: Staff Report. Resolution, Ward: All
Reso. No. 97-114. Master and Program Supplement Agreements
FUNDING REQUIREMENTS: Amount: NI A
Source: (Acct. No.)
Acct. Description:
Finance:
Council Notes
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Agenda Item No. /3
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Resolution authorizing the City Administrator or his designee to execute all Program
Supplements to the Master Agreement for Federal-Aid Projects (No. 97-114).
Backeround:
The Congress of the United States has enacted the Intermodel Surface Transportation Efficiency
Act of 1991 to fund programs which include, but are not limited to, the Surface Transportation
Program (RSTP), the Congestion Mitigation and Air Quality Improvement (CMAQ), the
Transportation Enhancement Activities Program (TEA), and the Bridge Replacement and
Rehabilitation Program (HBRR). Certain of these Federal funds may be available for use on local
transportation facilities for public agencies.
On May 20, 1997 the City of San Bernardino entered into an "Administering Agency - State
Agreement" (Master Agreement No. 97-114) with the State of California Department of
Transportation (CALTRANS) for all Federal Aid projects. However, once the City receives
funding approval for a specific project it is necessary to execute a Program Supplement
Agreement for each phase of the project in order to receive the funds. The Master Agreement has
no force or effect with respect to any project unless and until a Program Supplement to the
Agreement (Agreement) has been executed.
Projects are typically broken into phases in order to insure that funding is not lost along the way
due to inability to meet project deadlines. The various phases of a project could include right-of-
way, preliminary engineering, construction, and construction engineering. Each phase of a project
is typically subject to a "use it or lose it deadline" based on the funding source and type of
project. Historically, staff has prepared agenda reports for the Mayor and Common Council to
approve supplemental agreements for each phase of a project. As an example, the Council
recently approved a resolution authorizing the Mayor or her designee to execute a Program
Supplement Agreement for railroad grade crossing and signal improvements at the intersection of
Palm A venue and the BNSF track.
CALTRANS is currently attempting to streamline processes in order to reduce paperwork and
staff time necessary to process such projects. Consequently, they are now allowing each
agency to execute supplements signed by the City Administrator or hislher designee. In
addition, the Development Services Department has been aggressively pursuing State and
Federal funds for transportation related projects; and, as a result, the City has recently
experienced a dramatic increase in the numbers and values of such projects. In addition, the
City Council has had the opportunity to review and approve all such projects in the process of
adopting the Capital Improvement Project and Annual Budget.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
To expedite the approval process with the State for future projects, reduce the amount of paper
work, reduce staff time, and given the City's increased level of activity in Federal/State Aid
programs, staff recommends that the Mayor and Common Council delegate this authority to
execute Program Supplement Agreements to the City Administrator or his designee.
Financial Imllact:
There is no financial impact.
Recommendation:
Adopt Resolution.
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RESOLUTION NO.
RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR OR HIS
3 DESIGNEE TO EXECUTE ALL PROGRAM SUPPLEMENTS TO THE MASTER
AGREEMENT FOR FEDERAL-AID PROJECTS NO. 97-114.
4
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
6
7
WHEREAS, the Congress of the United States has enacted the 1ntemlOdel Surface
8 Transportation Efficiency Act (lSTEA) of 1991 to fund programs which include, but are not limited to.
9 the Surface Transportation Program (RSTP), the Congestion Mitigation and Air Quality Improvement
10 Program (CMAQ), the Transportation Enhancement Activities Program (TEA), and the Bridge
11 Replacement and Rehabilitation Program (HBRR).
12 WHEREAS, the City Council approves each project and allocated funding with the Capital
13 Improvement Program budget each year.
14
15
WHEREAS, to receive the reimbursement of said funds the City is required to execute the
Administering Agency-State Agreement No. 97-114 and the Program Supplement Agreement for each
16
17
18
specific project.
NOW, THEREFORE, BE IT RESOLVED that the City Administrator or hislher
19 designee is. delegated the authority to execute all Program Supplements to the Master Agreement
20 Administering Agency--State Agreement for Federal-Aid Projects, and this resolution shall take effect
21 immediately upon its adoption.
22
23 III
24 III
25
26
27
28
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RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR
2 DESIGNEE TO EXECUTE ALL PROGRAM SUPPLEMENTS TO THE
AGREEMENT FOR FEDERAL-AID PROJECTS NO. 97-114.
3
4
OR HIS
MASTER
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
5 and Common Council of the City of San Bernardino at a
6
7
8
9
10
11
12
meeting thereof,
held on the _ day of
, 2001, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
LIEN
MC GINNIS
SCHNETZ
13 SUAREZ
14
15
MC CAMMACK
16
17
18
19
20
21
22
23
24
ANDERSON
City Clerk
The
foregoing resolution
, 2001.
is
hereby approved this
day
of
Judith Valles, Mayor
City of San Bernardino
Approved as to fonn and legal content:
25 JAMES F. PENMAN,
City Attorney
26 By: L 7-( Ie... __
27 ()
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.............."'1'.IVB DAft. 5-20-97
'fEIIK OP I'mI-...oor: LealIe vi~~ teraiDate upon AllY breach of DODdiacriaiDatiOll
_tJI
RESOLUTION NO.
97-~U
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF MASTER AGREEMENT
3 FOR FEDERAL-AID PROJECTS, BETWEEN SAID CITY, AS ADMINISTERING
AGENCY, AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS
4 DEPARTMENT OF TRANSPORTATION ~ AND RESCINDING RESOLUTION NO.
13220.
5
6
7
8
9
10
11
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS.
SECTION ONE:
The Mayor of the City of San Bernardino
is hereby authorized to execute, in behalf of said City, Master
Agreement, Administering Agency - State Agreement for Federal-
Aid Projects between said City and the State of California,
acting
Transportation,
by
and
through
its
Department
of
12 relating to prosecution of projects and maintenance of
13 completed facilities, a copy of which is attached hereto marked
14 Exhibit "A" and incorporated herein by reference as fully as
15 though set forth at length herein.
16 SECTION TWO: The agreement shall not take effect until
17 fully signed and executed by all parties. The City shall not be
18 obligated hereunder unless and until the agreement is fully
19 executed and no oral agreement relating thereto shall be
20 implied or authorized.
21 SECTION THREE: The authorization to execute the above-
22 referenced agreement is rescinded if the parties to the
23 agreement fail to execute it within ninety (90) days of the
24 passage of this resolution.
25 SECTION FOUR: Resolution No. 13220 is hereby
26 rescinded.
C 27 I I I I
28 I I I I
4-08-97
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2 adopted by the Mayor and CODUllon Council of the City of San
3
4
5
6
7
8 ARIAS
9 OBERHELMAN
10 DEVLIN
11 ANDERSON
12 MILLER
16
day of May
17
18
19
Approved as to form
20 and legal content:
21
22
13
14
15
23
24 By
25
26
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I RESU: . -AUTHORIZING EXECUTION OF MASTER AGREEl<!ENT
PROJECTS.
FEDERAL-AID
I HEREBY CERTIFY that the foregoing resolution \~as duly
Bernardino
at
joint regular
meeting thereof,
held on
a
the
5th
May
day of
, 1997, by the following vote, to-wit:
Council Members:
AYES
ABSTAIN
NAYS
ABSENT
NEGRETE
x
CURLIN
x
x
x
x
x
x
The foregoing resolution is
~ ~ 1.1_ C-LuJ.,-,
Ra e1 Clark, City Clerk
hereby approved this SA
, 1997.
~~(
/ ~ "f.~
. Tom inor, Mayor
Ci ty of San Bernardino
James F. Penman
City At orney
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MASTER AGREEMENT
ADMINISTERING AGENCY-STATE AGREEMENT
FOR
FEDERAL-AID PROJECTS
08
District
City of San Bernardino
Administering Agency
Agreement No. 08.5033
t' .
This AGREEMENT, made effective this '1-0 ~ day of JJ....DI_ .1997. is by and between
the City of San Bernardino, hereinafter referred to as "ADMINI~ AGENCY." and the State
of Califomia, acting by and through the California Department of Transportation (Caltrans), hereinafter
referred to as "STATE."
WITNESSETH:
WHEREAS. the Congress of the United States has enacted the Intermodal Surface Transportation
Efficiency Act of 1991 to fund programs which include, but are not limited to, the Surface Transportation
~gram (RSTP). the Congestion Mitigation and Air Quality Improvement Program (CMAQ), the
'on Enhancement Activities Program (TEA). and the Bridge Replacement and Rehabilitation
ogram (HBRR) (collectively the "Programs"); and
WHEREAS. the Legislature of the State of California has enacted legislation by which certain
Federal funds (RSTP and CMAQ) may be made available for use on local transportation facilities of public
entities qualified to act as recipients of these federal funds in accordance with the intent of Federal law; and
WHEREAS, before Federal-aid will be made available for a specific Program project,
ADMINISTERING AGENCY and STATE are required to enter into an agreement relative to prosecution
of said project and maintenance of the completed facility.
NOW, THEREFORE. the parties agree as follows:
ARTICLE I . PROJECT ADMINISTRATION
I. This AGREEMENT shall have no force or effect with respect to any Program project
unless and until a project-specific Program Supplement to this AGREEMENT for Federal-aid Projects,
hereinafter referred to as "PROGRAM SUPPLEMENT," has been executed.
2. The term "PROJEcr," as used herein. means that authorized project fmanced in part with
Federal funds as further described in an" Authorization to Proceed" document executed by STATE, in the
subsequent specific PROGRAM SUPPLEMENT, and in a Federal-aid Project Agreement (PR-2).
3. The Financial conunitrnent of STATE administered federal funds will occur only upon the
execution of this AGREEMENT. and the execution of each project-specific PROGRAM SUPPLEMENT
d PR-2.
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r . 4. ADMINISTERING AGENCY further agrees. as a condition to payment of funds obligated
~ a PROJECT. to comply with all the agreed-upon Special Covenants or PemUkll ....chHI to the .
PROGRAM SUPPLEMENT identifying and defining the nature of the specific PROJECT.
S. The PROGRAM SUPPLEMENT shall de~pte the party responsible for impl...mer1ting
the various phases of the PROJECT. the Federal funds reque~d. and the matching funds to be provided
by ADMINtSTERING AGENCY and/or STATE. Adoption of the PROGRAM SUPPLEMENT by
ADMINISTERING AGENCY and approval by STATE shall cause such PROGRAM SUPPLEMENT to
be executed and be a part of this AGREEMENT as though fully set fonh herein. Unless otherwise
expressly delegated in a resolution by the ADMINISTERING AGENCY's governing body. the
PROGRAM SUPPLEMENT shall be approved and managed by the ADMINISTERING AGENCY's
governing body.
6. ADMINISTERING AGENCY shall conform to all State statutes, regulations and
procedures (including those set forth in LPP 95-07. "Reengineering." and subsequent approved revisions
. and Local Programs Manual updates. hereafter referred to as REENGINEERED PROCEDURES) relaling
to the Federal-aid Program, all TItle 23 Federal requirements, and all applicable Federal laws. regulations.
and policy and procedural or insttuctional memoranda, unless otherwise designated in the approved
PROGRAM SUPPLEMENT.
7. If PROJECT involves worle on the Stale highway system. it shall also be the subject of a
separate standard fonn of encroachment permit and. where appropriate, a cooperative agreement between
STATE and ADMINISIERING AGENCY to determine how the PROJECT is to be construeted.
8. If PROJECT is not on STATE-owned right of way. PROJECT shall be consttucted in
Q5rdance with REENGINEERED PROCEDURES. The REENGINEERED PROCEDURES describe
. . urn statewide design standards for local ageucy streets and roads. The REENGINEERED
. ROCEDURES for projects off the National Highway System (NHS) allow the STATE to accept either
the minimum statewide design standards or ADMINISTERJNG AGENCY-approved geometric design .
standards. Also. for projects off the NHS. STATE will accept ADMINISTERING AGENCY-approved
standard specifICations. standard plans. and materials sampling and testing quality assurance programs that
meet the conditions described in the REENGINEERED PROCEDURES.
9. When PROJECT is not on the State highway systenl but includes work to be performed by
a railroad, the contract for such worle shall be prepared by ADMINISIERING AGENCY or by STATE.
as the parties may hereafter agree. In either event, ADMINISTERJNG AGENCY shall enter into an
agreement with the railroad providing for future maintenance of protective devices or other facilities
installed under the contract. .
10. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and
inspection of each PROJECT. As provided in.the REENGINEERED PROCEDURES. warle may be
performed by a consultant(s). provided a fully qll~lifi"" and licensed employee of ADMINISTERING
AGENCY is in responsible charge. .
11. The Congress of the United States, the l..C'gi~l.ture of the State of California, and the
Governor of the State of California, each within their respective jurisdiction, have prescribed certain
employment practices with respect to worle financed with Federal or State funds. ADMINISTERING
AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES
ADDENDUM (Exhibit A attaclaed hereto) whenever State funds finance part of the PROJECT. and the
NONDISCRIMINATION ASSURANCES (Exhibit B auached hereto). ADMINISTERING AGENCY
further agrees that any agreement entered into by ADMINISTERING AGENCY with a tbirdparty for
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11129195
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rperforma~ of wmk connected with the PROJECT shall incorporale Exhibits A (wbeDcver Stale funds
~ pan or the PROJECl) and Exhibit B (with third party's name replaciDg ADMINISTERING
AGENCY) as parts or such agreement
ARTICLE n . RIGHTS OF WAY
1. No contraCt for the construction of a Federal-aid PROJECT shall be awarded until the
~~5fary rights of way have been secured. Prior to the advertising for construction of the PROJECT.
ADMINISTERING AGENCY shall certify and, upon 1eQuesl, shall furnish STATE with evidence that
~5fary rights of way are available for construction purposes or will be available by the time of award of
the construction contract.
2. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any
liability which may result in the event the right of way for a PROJECT is not clear u certified. The
furnishing of right of way as provided for herein includes, in addition to all real propetty leQuired for the
PROJECT, title free and clear of obstructions and encumbrances affecting PROJECI' and the payment, as
requiJed by applicable law, of damages to real property not actually taken but injuriously affected by
PROJECT. ADMINISTERlNG AGENCY sha1l pay, from its own non-matching funds. any costs which
arise out of delays to the construction or the PROJECT berause utility Dcmnoes have not been removed or
relocated, or because rights of way have not been made available to ADMINISTERING AGENCY for the
orderly prosecution of PROJECI' wolk.
3. Subject to STATE approval and such supervision as is leQuired in REENGINEERED
PROCEDURES over ADMINISTERING AGENCY's right of way acquisition procedures,
QADMINISTERING AGENCY may claim reimbursement from Federal funds for ~dib1res to purchase
. . nly ner-,..'Y rights or way included in PROJECT after ~~OJECI' with the fair market value or
any excess property letained and not disposed of by AD G AGENCY.
4. When real property rights are to be acquired by ADMINISTERING AGENCY for a
PROJECT, said ADMINISTERING AGENCY must carry out that acquisition in complia_ with the
Federal Uniform Relocation Assistance and Real Ploperty Acquisition Policies Act of 1970, as amended.
5. Whether or not Federal-aid is to be leQuested for right or way, should ADMINISrERING
AGENCY, in acquiring right of way for PROJECT, displace an individual, family, business. fann
operation, or non-profit organization, lelocation payments and services will be provided as set forth in
Chapter 5 of Title 23, U.S. Code. The public will be adequately informed of the relocation payments and
services which will be available,'and, to the greatest extent practicable, no person lawfully oc:cupying real
property shall be leQuiIed to move from hisIher dwelling or to move bisIher business or fann o~ation
without at least 9().days written notice from ADMINISTERING AGENCY. ADMINISTERING
AGENCY will provide STATE with specific assurances. on each portion of the PROJECT, that no person
will be displaced until comparable decent, safe and sanitary repl~t housing is available wilhin a
reasonable period of time prior to displacement, and that ADMINISTERING AGENCY's lelocation
program is realistic and adequale to provide orderly, timely and efficient relocation of displaced persons
for the PROJECT as provided in Federal Highway Programs Manual (FHPM 7-5).
6. In all real property uansactions acquired for the PROJECT. following recordation of the
deed or such other recorded instrument evidencing title in the name of the ADMINISTERlNO AGENCY
. or their assignee. there shall also be recorded a separate docwnent which is an . Agreement Declaring
Restrictive Covenants.. Said Agreement Declaring Restrictive Covenants will incorporate the assurances
included within Exhibits A and B and Appendices A. B. C and D, as appropriate, when executed by
C ADMINISTERING AGENCY. .
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ARTICLE IV . FISCAL PROVISIONS
I. The PROJECT. or ponioDS thereof. must be included in a Federally-approved Statewide
Transportation Improvement Program (FSTn') prior to ADMINISTERING AGENCY submittal of lhe
"Request for Authorizalion." .
2. State and Federal funds will not panicipare in PROJECT work pedonned in advance of
approval of the "Authorization to Proceed.." The parties shall execute a PROGRAM SUPPLEMENT
between STAlE and ADMINISTERING AGENCY subsequently incorporating the" Authorization to
Proceed." .
3. ADMINISTERING AGENCY may submit invoices in arrears for reimbwsement of
p~~r~OJECT costs on a mon1h1y or quarterly progress basis once the PROJECT PROGRAM
S has been executed by STAlE and the PR-2 has been executed by FHW A The total of all
amounU cl~;.....", plus any required matching funds. must not exceed the actual total allowable casu of all
completed engineering work, right of way acquisition, and coDS11'llCtion.
4. Invoices shall be submitted 011 ADMINISTERING AGENCY letterhead and shall include
this AGREEMENT number. Federal-aid project number. and Progress billing number for the PROJECT.
and shall be in accordance with REENGINEERED PROCEDURES.
5. The estimated total cost of PROJECT. the amounts of Federal-aid programmed. and lhe
m~~hing amounu agreed upon may be adjusted by mutual CODSeIIt of lhe parties beteto in a Fmanc:e
LetterlDetail Estimate and a PR-2 document which are to be considered as pan of this AGREEMENT.
~-aid program amounts may be increased to c:cwer PROJECT cost increases only if such funds are
\..)lvailable and FHW A concurs with that increase.
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r 6. When additional federal-aid funds are not available, the ADMINISTERlNG AGENCY
~ that the payment of Federal funds will be limi~.d to the amounts approved by the PR-2, or its
modification (PR-2A), and agrees that any increases in PROJECT costs must be defrayed with
ADMINIS1ERING AGENCY funds.
7. ADMINIS'IERlNG AGENCY shall use its own nonfederal-aid funds to finance the local
share of eligible costs and all expendinues roled ineligible for financing with Federal funds. STATE shall
make the determination of ADMINISTERING AGENCY cost eligibility for Federal fund fmancing.
8. Any overpayment to ADMINISTERlNG AGENCY of amounts invoiced shall be returned
to STATE by ADMlNISTERING AGENCY upon written demand.
9. Should ADMINISTERING AGENCY fall to Iefund all moneys due STATE as provided
hereunder or should ADMINISTERING AGENCY breach this Agreement by failing to complete
PROJECT, then, within 30 days of demand, or within such other period as may be agreed to in writing
between the parties beIeto, STATE, acting through the State ControllCr, the State TIelISIIra', or any olber
public agency, may withhold or demand a transfer of an amount equal to the amount owed to STATE from
future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway UsetS
Tax Fund or any other funds and/or may withhold approval of future ADMlNIS'IERING AGENCY
Federal-aid projects.
10. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or
otherwise in default tbereofby STATE, and if ADMINISTERING AGENCY is constituted as ajoint
powers authority, special dis1rict, or any other public entity not directly receiving funds through the State
Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available.
~uding the withholding or transfer of funds, pursuant to ~Ie IV - 9, from those c.-()I1"m~t enrl.u.s
prising a joint powers authority or by bringing of an action apinllt ADMINISTERING AGENCY or
. constituent member entities, to recover all funds provided by STATE hereunder.
ARTICLE V . RETENTION OF RECORDS/AUDITS
1. For the purpose of determining compliance with Public Contract Code Section lOllS, et.
seq. and TItle 21, California Code of Regulations, Chapter 2.1, Section 2SOO et, seq., when applicable, and
other DIllUcrs connected with the performance of the Agnlemcnt pursuant to Government Code
Section 10532, ADMINISTERING AGENCY and any third party under contract with ADMINISTERING
AGENCY shall retain all original records to the project financed with Federal funds and shall make records
available upon request by Federal and State ~tatives. Following final settlement of the projec::t costs
with FHW A the recordsldocuments may be JDJCrofilmed by the ADMlNIS'IERING AGENCY, but in any
ewnt shall be retained for a period of three years from STATE payment of 1he final voucher, or a f01D'-year
period from the date of the final payment under the contract, whichever is longer. ADMINISTERING
AGENCY shall retain recordsldocwnents longer if requtred in writing by STATE.
2. Per the Single Audit Act of 1984, any ADMlNISTERlNG AGENCY that receives
5100,000.00 or more per fiscal year in Federal Financial Assistance shall have an audit performed by an
independent audit firm per the Single Audit Act - (see OMB-AI28, . Audits of State and Local
Governments").
ARTICLE VI . FEDERAL LOBBYING ACTIVITIES CERTIFICATION
C 1. By execution of this AGREEMENT, ADMINISTERING AGENCY certifIeS, to the best of
At signatory officer's knowledge and belief, that:
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r _ _ _ A. No STATE or Federal appropriated funds have been paid or will be paid, by or on
~ of ADMINISTERING AGENCY. to any person for intJ""",,;"g or attempting to inf11le"Ce an
offic:er or employee of any STATE or Federal agency. a Member of the State I eg;clgnnoe or United States
Congress. an officer or employee of the LegislatuIe or Congress. or any employee of a Member of the
LegislatuIe or Congress in connection with the awarding of any STATE or Federal contract including this
Agreement, the making of any STATE or Federal loan. the entering into of any cooperaIive CODlraCt, and
the extension. continuation. renewal. amendment, or modification of any STATE or Federal contract,
grant, loan. or cooperative contraCt.
B. If any funds other than Federal appropriated funds have been paid, or will be paid,
to any person for influencing or attempting to influence an officer or employee of any Federal agency. a
member of Congress. an offICer or employee of Congress or an employee of a member of Congress in
connection with this Agreement, grant, local, or cooperative conlraCt, ADMINISTERING AGENCY shall
complete and submit Standard Fonn-LLL, "Disclosme Fonn to Rep Lobbying: in accordance with the
fonn instrUCtions.
C. This certification is a material rcpresentlOhQO of fact upon which I'tlig~ was placed
when this Agreement was made or entered into. Submission of this certification is a prerequisite for
making or entering into this Agreement imposed by Section 1352. TItle 31. U.S. Code. Any party who
fails to file the required certification shall be subject to a civil penalty of not less than $ 10.000 and Dot
more than $100,000 for each such failure.
2. ADMINISTERING AGENCY also agrees by signing this docwnent that the language of
this certification will be included in all lower tier sub-agreements which ~xceed $100.000 and that all such
sub-recipients shall certify and disclose accordingly.
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ARTICLE vn . MISCELLANEOUS PROVISIONS
1. Neither STATE nor any officer or employee thereof shall be responsible for any damage or
liability occuning by reason of anything done. or omitted to be done, by ADMiNISTERING AGENCY
under. or in connection with, any worlc. anthority or jurisdiction ddeg.tM to ADMINISTERING
AGENCY weier this AGREEMENT. It is wderstood and agreed that, pursuant to Govemment Code
Section 895.4. ADM1NISTERING AGENCY shall fully defend, in~Jftnify and save harmless STATE.
its officers. and employees from all claims. suits or actions of every name; Idnd and description brought
for. or on account of. injury (as defined in Government Code Section 810.8) occurring by reason of
anything done. or omitted to be done. by ADMINISTER1NG AGENCY wder. or in conneclion with, any
wOlk. authority or jurisdiction delegated to ADMINISTERING AGENCY wiler this AgreemenL STAlE
reserves the right to represent itself in any litigation in which STATE's intelests are at stake.
2. Neither ADMINISTERING AGENCY nor any officer or employee thereof. shall be
responsible for any damage or liability occuning by reason of anything done. or omittM to be done, by
STATE wder. or in connection. with any woIk. authority, or jurisdiction delegated to STATE wder this
AGREEMENT. It is also understood and agreed that, pursuant to Government Code Section 895.4.
STATE shall fully indemnify and hold ADMINISTERING AGENCY harmless from any liability imposed
for injury (as dMi_.d by Government Code Section 810.8) occurring by reason of anything done. or
omitted to be done, by STATE wiler. or in connection with, any work. authority. or jurisdiction delegated
to STAlE under this Agreement. ADMlNISTERING AGENCY reserves the right to represent itselfin
any litigation in which ADMINISTERING AGENCY's interests lI!e at stake.
3. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING
r'AGENCY. when engaged in the perfOl'lllllDCe of this Agreement, shall act in an independent capacity and
,_/tot as officers, employees or agents of STATE.
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~ 4. STATE may terminaIe this AGREEMENT with ADMINISTERING AGENCY should .
MJNISTERING AGENCY fail to perform the covenants beIein """",;.-1 at the lime and in the maaner
. . provided. In the event of such terminllrion, STATE may proceed with the PROJECr wodt in any
rn"nlV!r deemed proper by STATE. If STATE termin"t~ this AGREEMENrwithADMJNIS'lCRING
AGENCY, STtJ!=y ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY
under this AG prior to temlinalion, provided, however, that the cost of PROJECT complelion
to STATE shall first be deducted from any sum due ADMINISTERING AGENCY under this
AGREEMENT, and the balance, if any, shall then be paid ADMINISTERING AGENCY upon demand.
S. Without the written consent of STATE, this AGREEMENT is not assignable by
ADMINISTERING AGENCY either in whole or in part.
6. No alteration or variation of the terms of this AGREEMENT sba1l be valid unless made in
writing and signed by the parties hereto, and no oral W1derstanding or Agreement not incorporated herein
shall be binding on any of the parties hereto. . ,
7. ADMINIS'IERING AGENCY warrants, by execulion of this AGREEMENT, that no
person or selling agency bas been employed or retained to solicit or secure this AGREEMENT upon an
agreement or understanding for a commission, pen:entage, brokerage, or contingent fee, excepting bona
fide employees or bona fide established commercial or vIHng agencies mai1tt2ined by ADMINIS'ICRING
AGENCY for the pwpose of securing business. For breach or violalion of this wmanty, STATE bas the
right to lUinul this AGREEMENT without liability, pay only for the value of the work actually performed.
or in STATE's discrelion, to deduct from the price of consideralion, or otherwise recover, the tun amount
of such commissiOli, percentage, brokerage, or contingent fee.
8. In accordance with Public Contract Code Section 10296, ADMINISTERING AGENCY
r "",hv certifies under penalty of perjury that no more than ODe final unappealable finding of COIIlempt of
'-'~by.a Federal court bas been issued against ADMINISTERING AGENCY within the im......!;....
preceding two-year period because of ADMINISTERING AGENCY's failure to comply with an order of
a Federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor
Relations Board.
9. ADMINISTERING AGENCY sba1l disclose any finllncial, l>nc;-~s. or other relationship
with STATE or the FHW A that may have an impact upon the outcome of this AGREEMENT.
ADMINISTERING AGENCY shall also list CUITCI1t contractors who may have a financial interest in the
outcome of this AGREEMENT. .
10. ADMINIS'IERING AGENCY hereby certifies that it does not now have nor shall it
acquire any financial or l>nc;ness interest that would conflict with the performllllN! of PROJECT under this
AGREEMENT.
11. ADMINISTERING AGENCY warrants that this AGREEMENT was not obtained or
secured tluough rebates, kickbacks or other unlawful consideration either promised or paid 10 any STATE
employee. For breach or violation of this wmanty, STATE shall have the right, in its discretinn, to
terminate this AGREEMENT without liability, to pay only for the worle actually performed, or to deduct
from the PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate,ldckback,
or other unlawful consideration.
12.. This Agreement is subject to any addilional restrictions, limitations, conditions, or any
statute enacted by the State Legislature that may affect the provisions, terms, or funding of this
AGREEMENT in any manner.
C
7
111l9J'9S
".-.A,.A,"S
.-'~.
L
ARTICLE vm - TERMINATION OF AGREEMENT
I. This Agreement and any PROGRAM SUPPLEMENT(s) executed under this
AGREEMENT shall tenninate upon 60 days' prior written notice by STATE.
2. Each separate PROGRAM SUPPLEMENT shall separately establish the term and funding
limits for each described PROJEcr funded under this Federal-aid program. No STATE or FHW A funds
are obligated against this AGREEMENT.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized
officers.
STATEOFCALlFORNIA
IFPAIm.eITCF'lRANSPCRI
CITY OF SAN BERNARDINO
By
Date f1, Il 7
J. OJ I 'P7
By .-/ ~~~
Torn Minor, Mavor
ADMINISTERING AGENCY
Representative Name & TIde
(Authorized Governing Body Representative)
Date ~ ~ 1117
.Chief, Office of
'Project Implemen
ATTEST:
~c.f. ~
Rac 1 Clark, City Clark
Approved as to form
and legal content:
By
c
8
11n.9/9S
/"""""""
L
c
. '::t/-~~1
EXHIBIT A
FAIR EMPLOYMENT PRACTICES ADDENDUM
1. In d1e perfonnance of this Agreement, ADMINISTERING AGENCY will not discriminate
against any employee for employment bee""", of race, color, sex, religion, ancestry or utional origin.
ADMINISTERING AGENCY will take aftinnative action 10 ensure that employees are 1reatcd during
employment, without regard 10 their race, sex, actual or perceived sexual orientation, color, religion,
ancestry, or national origin. Such lCtion shall include, but not be lim;tM 10, the following: employment,
upgrading. demotion or transfer; recruitment or mc:ruitment advertising; layoff or lmDination; nres of pay
or other forms of compensation; and selection for ttaining. including IppI"eDticeship. ADMINIS'mRlNG
AGENCY shall post in conspicuous places, available 10 employees for employment, notices 10 be
provided by STATE setting forth the provisions of this Pair Emplo~t section.
2. ADMINISTERING AGENCY will permit access 10 the records of employment,
employment advertisements, application fonDS, and other pertinent dala and ICCOI'lIs by STATE, the State
Fair Employment and Housing Commission, or any other agency of the State of California designated by
STATE, for the purposes of investigation 10 ascertain compliance with d1e Pair Employment section of this
Agreement.
3. Rem<".tlv..:. for Willful VIOlation:
<a) STATE may determine a willful violation of the Pair Employment provision 10 have
occuned u~~a final judgment 10 that effect from a court in an action to
which AD G AGENCY was a party, or upon receipt of a written
notice from d1e Pair Employment and Housing Comm;u;on that it has investigated .
and delcmlined that ADMINISTERING AGENCY has viol...... the Pair Employ-
ment Practices Act and had issued an order under Labor Code Section 1426 which
has become final or has obtained an injunction under Labor Code Section 1429.
(b) For willful violation of this Fair Employment Provision, STATE shaD have the
right 10 term;n"... this Agreement either in whole or in part, and any loss or damage
sustained by STATE in securing the goods or services thcmmder shall be bome
and paid for by ADMINISTERING AGENCY and by the surety under the
performance bond, if any, and STATE may deduct from any moneys due or
thereafter may become due to ADMINISTERING AGENCY, the cIi1fermce
between the price named in d1e Agreement and the actIIal cost thereof to STATE to
cure ADMINISIERING AGENCY's breach of this Agreem~t.
C'
9
11129195
~,-........ .
'-
EXHIBIT B
NONDlSCRIMINA nON ASSURANCES
ADMINISTERING AGENCY HEREBY AGREES lHAT, as 1 condition to receiving any Federal
financial assistanCC from rhc STATE. acting for the U.S. Depanment of Transportation. it will comply
with Title VI of the Civil Rights Act of 1964, 78 Slat 252,42 U.S.C. 2000d-42 U.S.C. 2000d-4
(hereinafter lefemd to as rhc ACD, and an requirements imposed by or pursuant to T1tIe 49, Code of
Federal RegulatiODS, Department ofTransportalion, Subtitle A. otIice of the Seaew)', Part 21,
"Nondiscrimination in Federally-Assisted Programs of the Department ofTransponatioI1- Effectuation of
Title VI of the Civil Rights Act of 1964" (hereinafter leferred to as the REGULATIONS), the Federal-aid
Highway Act of 1973, and other ~t clircctives, to the end that ~ accordance with rhc ACf,
REGULATIONS, and other pertineDt diR:c:tives, no person in the United States shall, on the groUDds of
race, color, sex. national origin. religion. age or disability, be excluded from participation in, be Noni"" the
benefits of, or be otherwise subjected to discrimination under any program or aclivity for which
ADMINISTERING AGENCY receives Fedeta1 finlllll!ja1 Pss1st1U1ce from the FedcraI Deparunent of
Transportation. ADMINISTERlNG AGENCY HEREBY GIVES ASSURANCE lHAT
ADMINISTERING AGENCY will prompdy take any mea.sures ~."''Y to effectuate this agreement
This assurance is required by subsection 21.7(1) (1) of the REGULATIONS.
More specificaJly, and without limiting the ibove general assurance, ADMlNIS'IERING
AGENCY hereby gives the following specific lISSIUlIDCeS with respect to its Federal-aid Program:
C 1. That ADMINISTERING AGENCY agrees that each "program" and each "facility" as
. .detined in subsections 21.23 (e) and 21.23 (b) of the REGULATIONS, will be (with regard to 1
"program") conducted. or will be (with regard to a "facility") operated in compliance with an requirements
imposed by, or pursuant to, the REGULATIONS. .
2. That ADMINISTERING AGENCY shall insert the following notification in an soUcilalions
for bids for work or material subject to the REGULATIONS made in cnn"""lion with the Federal-aid
Program and, in adapted form, in an proposals for negotiated agreements:
ADMINISTERlNG AGENCY hereby notifies an bidders that it will affirmalively
insure that in any agreement entered into pursuant to this advertisement, minority
business enterprises will be afforded full opportunity to submit bids in response to
this invitation and will not be discriminated against on the grounds of race, color,
sex. national origin, religion, age. or disability in consideration for an award.
3. That ADMINISTERING AGENCY shall insert the clauses of Appentliy A of this
assurance in every agn:ement subject to the ACf and the REGULATIONS.
4. That the clauses of Appendix B of this Assurance shaI1 be included as a covenant rnnnilll
with the land, in any deed effecting a transfer of real property, structII1'eS, or improvements thereon, or
interest theJ:ein.
5. That where ADMINISTERING AGENCY receives Federal fmancial assistance to constrUCt
a facility, or part of a facility, the Assurance shall extend to the entire facility and facilities operated in
connection therewith.
...,....-
L
10
11129195
C. 6. That where ADMINISTERING AGENCY receives Federal financial assistance in the
form. or for the acquisition, of real property or an interest in real JlIOpe.ty. the Assuranc:e shaD extend to
rights to space 00, over. or under such property. .
7. That ADMINISTERING AGENCY shall include the appropriate clauses set forth in
Appendix C and D of this Assurance. as a covenant running with the land. in any fulUre deeds,leases.
permits, licenses, and similar agreements entered into by the ADMINISTERING AGENCY with other
parties:
Appendix C;
(a) for the subsequent transfer of real property acquired or improved 1mder the Federal-
aid Program; and
Appendix D;
(b) for the conslrUCtion or use of or access to space 00, over, or under real property
acquired. or improved under the Federal-aid Program.
8. That this assurance obligates ADMINISTERING AGENCY for the period during which
Federal financial assistance is extended to the program. except where the Federal financial -ssistance is to
provide, or is in the form of, personal property or real property of interest therein, or suuctures, or
improvements thereon, in which case the assurance obligates ADMINISTERING AGENCY or any
transferee for the longer of the following periods:
c
(a)
the period during which the property is used for a purpose for which the Federal
financial assistance is extended, or for another purpose involving the provision of
similar services or benefits; or
(b) the period during which ADMINlS'IERING AGENCY retains ownership or
poS~$siOD of the property.
9. That ADMINISTERING AGENCY shall provide for such methods of administration for
the program as are found by the U.S. Secretary of Transportatioo, or the official to whom be delegates
specific authority. to give reasonsble guarantee that ADMINISTERING AGENCY. other reclpiatts. sub-
grantees, applicants, sub-applicants. transferees. successors in interest. and other participants of Federal
financial assistance under such program will comply with an requirements imposed by, or pUISWlDt to. the
Ace, the REGULATIONS, this Assurance and the Agreement.
10. That ADMINISTERING AGENCY agrees that the United Stares and the State of California
have a right to seekjudicial enforcement with regard to any matter arising UDder the Ace, the
REGULATIONS. and this Assurance.
TInS ASSURANCE is given in consideration of and for the purpose of obtaining any and all
Federal grants, loans, agreements. property. discounts or other Federal financial assistance extended after
the date hereof to ADMINISTERING AGENCY by STATE, acting for the U.S. Deparlment of
Transportation, and is binding on ADMINISTERING AGENCY. other recipients, subgrantees,
applicants, sub-applicants. transferees. successors in interest and other participants in the Federal-aid
Highway Program.
c
11
I1fl9I9S
J" ....... _
C APPENDIX A TO EXHIBIT B .
During the perfonnance of this Agreement, ADMINISTERING AGENCY. for itself. its assignees
and successors in interest (bercinafter collectively referred to as ADMINISTERING AGENCY) agrees as
follows:
(1) Cnmnlianc.e with ReeuIations: ADMnIIISTERlNG AGENCY shall comply with the
regulations relative to nondiscriminalion in Federally assisted programs of the Department of
Transportation. Title 49. Code of Federal Regulations, Pan 21. as Ihey may be amended from time to
time, {hereinafter referred to as the REGULATIONS). which are herein incorporated by reference and
made a pan of this agreement
(2) Nontli",,"mination: ADMINISTERING AGENCY. with regard to the work perfonned by
it during the AGREEMENT. shaI1 not discriminate on the grounds of race. color. sex. national origin,
religion. age. or disability in the selec:tion and retention of sub-applicants, including procurements of
materials and leases of equipment. ADMINISTERING AGENCY shall not panicipare eilhcr directly or
indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS. including employment
practices when the agreement covers a program set forth in Appendix B of the REGULATIONS.
(3) Solicitations for Sub-alm!!el'l'lents. Indudin2 Procurements ofMaterial~ and Equipment: In
all solicitations eilhcr by competitive bidding or negotiation made by ADMINISTERING AGENCY for
work to be performed under a Sub-agreem~t, including procurements of materials or leases of equipment,
each potential sub-applicant or supplier shall be notified by ADMJNISTERING AGENCY of the
ADMINISTERING AGENCY's obligations under this Agreement and the REGULATIONS relative to
nondiscrimination on the grounds of race, color. or national origin.
C. (4) Information and ReDOrts: ADMINISTERING AGENCY shall provide all information and
· reports required by the REGULATIONS. or directives issued pursuant thereto. and shall permit access to
ADMINISTERING AGENCY's books. records, accounts. other soun:es of informaDOI1, and itsfacllities
as may be determined by STATE or FHW A to be peniDeDt to ascertain compliance with such
REGULATIONS or directiws. Where any information required of ADMINISTERING AGENCY is in
the exclusive possession of another who fails or refuses to fumish this information. ADMINJSTERJNG
AGENCY shall so cettify to STATE or the FHW A as appropriate, and shall set fonh what efforts
ADMINISTERING AGENCY has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of ADMINISTERING AGENCY's
noncompliance with the nondiscrimination provisions of this a~ STATE shall impose such
agreement sanctions as it or the FHW A may determine to be appropriale, including, but not limi1ed to:
(a) withholding of payments to ADMINISTERING AGENCY under the Agreement until
ADMINISTERING AGENCY complies; and/or
(b) cancellation. termination or suspension of the Agreement, in whole or in part.
(6) Incnmnratinn of Provisions: ADMINISTERING AGENCY shall include the provisions of
paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of
equipment, unless exempt by the REGULATIONS. or directives issued pursuant thereto.
ADMINISTERING AGENCY shall take such action with respect to any sub-agxeement or procurement as
STATE or FHW A may direct as a means of enforcing such provisions including sanctions for
noncompliance. provided, however. that, in the event ADMINIS1ERING AGENCY becomes. involved
in, or is tlueatelIed with. litigation with a sub-applicant or supplier as a result of such direction,
0~MINIS1ERING AGENCY may request STATE enter into such litigation to protect the interests of
~~~TE, and, in addition, ADMINISTERING AGENCY may request the Uni1ed States to enter into such
litigation to protect the interests of the United States.
12
111291'95
/"","""
L The following clauses shall be iDcluded hi any and all deeds effecting or recording the transfer of
PROJECT real property, structures or improvements thereon. or interest therein from the United StaleS.
APPENDIX B TO EXHIBIT B
(GRANTING CLAUSE)
NOW, lHEREFORE, the U.S. Department of Transportation. as authorized by law, and upon the
condition that ADMINISTERlNG AGENCY will accept title to the lands and mllintlli" the project
CODStrUCted thereon. in accordance with TItle 23, United States Code, the RegulatioDS for the
Administration of Federal-aid for Highways and the policies and procedmes prescribed by the Federal
Highway Adminislration of the Depanment ofTl'aIISpOrtation and. also in aa:ordaace with and in
compliance with the Regulations pertaining to and effectuating the provisioDS of TItle VI of the Civil
Rights Act of 1964 (78 StaL 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise, rel~lIse. quitclaim
and convey unto the ADMINISTERING AGENCY all the right, title. and interest of the U.S. Oepanment
of Transportation in, and to, said lands described in Exhibit. A. .......hoed hereto and made a pan bcreof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said 1ands and int=.sts therein unto ADMINISTERING AGENCY
and its successors forewe, subject, howeVer, to the covenant, conditiOns, restrictions and reservations
herein contained as follows, which will remain in effect for the period during which the real propeay or
S11'UCIIUeS are used for a purpose for which Federal financial assistance is CXleDded or for another purpose
involving the provision of simi1ar services or benefits and shall be binding on ADMlNISlERING
AGENCY, its successors and assigns.
C ADMINISTERING AGENCY, in consideration of the conveyance of said lands and inlm:sts in
an~, does hereby covenant and agree as a covenant nmning with the land for itself, its successors and
ISSlgns, .'
(1) that no person shall on the grounds of race. color, sex. national origin,re1igion. age or
disability, be excluded from participation in, be denied the beDefits of, or be otherwise
subjected to discriminalion with regud to any facility located wholly or in pan on, over, or
under such lands hereby conveyed (;) (and) *
(2) that ADMINISTERING AGENCY shall use the lands and interests in lands so conveyed,
in compliance with all requiR:ments imposed by or pursuant to TItle 49, Code offederal
Regulations, Depanment ofTransportation. Subtitle A, Office of the S-a.y, Put 21,
Non-discrimination in Federal1y-"mSJed programs of the Depanment ofTIlIDSportaIion .
Effectuation of TItle VI of the Civil Rights Act of 1964, and as said Regu1alions may be
"""""<Ied (;) and
(3) that in the event of breach of any of the above-mentioned nondisaiminaliOll conditions, the
U.S. Department of Transportation shall have a right to re-enter said llinds and facilities on
said land, and the above-described land and facilities shall thereon revert to and vest in and
become the absolute property of the U.S. Department of Transportation and its lICqg,.C as
such interest existed prior to this deed. * . .
*
C
Reverter clause and related language to be used only when it is derennined that such a clause is
~ssary in order to effectuate the purposes ofT1tle VI of the Civil Rights Act of 1964.
13
11129195
c
APPENDIX C TO EXHIBIT B
The following clauses shaI1 be iDcluded in any and all deeds.li---UO$. ~.5e$. permits, or simil..r
iDsttumenrs entered into by ADMINISTER.lNG AGENCY. pwsuant to the provisions of Assurance 7(a)
of Exhibit B.
The grantee (licenset. J~ssee. permittee, etc.. as appropriate) for him...tt. his heirs, penonal
representatives. successors in interest, and assigns. as a part of the coiIsideration hereof. does beleby
covenant and agree ("m the case of deeds and leases add Was co~t rmming with the lanen Ibat in the
eYCllt facilities are COIlStI'llCted. maintained. or otherwise operarecl on tbe said property desc:ribecl in this
(deed. license. lease. pennit, etc.) for a purpose for which a U.S. Department ofTransportatiOll program
or activity is extended or for another purpose involvin, the provision of ami!... services or benefits, the
(grantee, licensee. lessee. permi~. etc.). shall mainwn and operale such facilities and services in
compliance with all other requirements imposed pursuant to Title 49. Code ofFedera1 ~.Iadons.
U.S. Department of Transportation. Subdtle A, Office of Secretary. Part 21. Nondiscrimination in
Federally-assisted programs of tbe Department of Transportation - Effectuation of TItle VI of the Civil
Rights Act of 1964. and as said Regulations may be lIlIendec:l
(Include in licenses. leases. permits. etc.). .
/ That in the eYCllt of breach of any of the above nondiscrimiDation covenants, ADMINJSTERlNG /'
AGENCY shall have tbe right to terminate the Qi""",se.lease. permit etc.) and to re-enter and repo fiefS .
said land and the facilities thereon. and hold the same as if said (liceDse.lease. permit. etc.) had never heeD
made or issued.
(Include in deeds).
C That in the eYCllt of breach of any of the above nondiscrimination covenants, ADMINJSTERlNG
AGENCY shall have the right to re-enter said land and facilities tbereon, and tbe above-described lands
and facilities shall thereupon revert to and vest in and become the abSolute property of ADMINISTERING
AGENCY and its assigns.
· Revencr clause and related language to be used only wben it is determined that such a clause is
C n_~'..y in order to effectuate 1he purposes of Title VI of tbe Civil Rights Act of 1964.
14
11129J9S
("
\.....
APPENDIX J> TO EXHIBIT B
The following sball be included in all deeds, 1icenses, Ie---, penuits, or m.,;ll1r agreements
entered into by the ADMINIS'IERING AGENCY. pursuant to the provisiODS of Assurance 7 (b) of
Exhibit B.
The grantee (licen",," , lessee. permittee, etc.. as appropriate) for him~lf. his personal
represenratives. successors in inrerest and assigns. as a part of the COIISideralion hereof. does hereby
coveIWlt and agree ('m the case of deeds. and leases add .as a covenant nmning with the land.) that:
(1) no person on the ground of race. color. sex. national origin. religion, age or disability.
shaI1 be excluded from participation in, denil!'~ the benefilS of. or otherwise subjected to disc:rimination in
the use of said facilities;
(2) that in !be construction of any impro~enlS on, over. or under such land and the
furnishing of services thereon, no person on the ground of race. Color. sex. national origin, Jeligion. age
or disability shall be excluded from participation in, dI.n;M the beuefilS of. or otherwise be subjected to
discriminalion; and
(3) that !be (grantee, licensei!'. lessee. permittee, etc..) shaI1 use the prem;-.: in comp1ianc:e
~the~~~ '.
(Include in n.........'.Ieases. permits, etc.).
That in the event of breach of any of the above DOndiscriminaIion covenants, ADMINISTERlNG
AGENCY sbaII have the right to feIm;n_!be Q~se.1ease, permit, etc.) and to re-enter and rep4lIse!s
C said land and the facilities thereon, and hold !be same as if said (J~ . lease. permit, etc.) had never beeIl
made or issued.
(Include in deeds).
That in the event of breach of any of the above DOndiscriminalion covenants, ADMINISTERING
AGENCY sbaII have !be Ji&ht to re-enter said land and facilities thereon, and tbe aboye.desa:ibed lauds
and facilities shaI1 thereupon revert to and vest in and Ilecome !be absolute property of ADMINISTERING
AGENCY. and its assigns.
c.
Reverter clause and Idated language to be used oaIy wbcn it is determined that such a clause is
~...~ in order to effeet1,"re !be PlIlpOses of Title VI of the Civil RighlS Act of 1964.
IS
11I2919S
GRAY DAVIS.Governor
STATE OF CALIFORNIA. BUSINESS, TRANSPORTATION AND HOUSING AGENCY
DEPARTMENT OF TRANSPORTATION
Division of Local Assistance
1120 N STREET
P.O. BOX 942874, MSI/1
Sacramento, CA 94274-0001
TDD (916)654-4014
(916)654-3151
Fax (916)653-7621
September 23, 2002
Mr. James Funk
Director of Development Services
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418-0001
Dear Mr. Funk:
.
;;ii^ "":;
.. ,j!j:i'
H' n
,
,........ ..,.,....
~ rn (0 rn D\Y7rn ill)
OCT 0 S 2002
File: 08-SBD-0-SBD
STPLH-5033(026)
Baseline Street from Victoria
Avenue to 1000 feet west
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
DEPARTMENT
Enclosed is your fully executed copy of Program Supplement Agreement No. 014-M to Administering Agency-State
Agreement No. 08-5033 .
Sincerely,
vpat;ud; ~
viA> FAR DAD FALAKFARSA, Chief
'" - Office of Project Implementation, South
Division of Local Assistance
Enclosure
c: DLA AE Project Files
(08) DLAE - Louis Flores
f'."
....
STATE OF CALIFORNIA. BUSINESS. TRANSPORTATION AND HOUSING AGENCY
DEPARTMENT OF TRANSPORTATION
Division of Local Assistance
- 1120 N STREET
P.O. BOX 942874, MS# 1
Sacramento, CA 94274-0001
TOO (916) 654-4014
(916) 654-3151
Fax (916)653-7621
GRAY DAVIS.Governor
.
April 24, 2003
File: 08-SBD-0-SBD
STPL-5033(027)
State Street from 5th Street at
Foothill Boulevard to 16th Street
Mr. James Funk
Director of Development Services
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418-0001
Dear Mr. Funk:
Enclosed is your fully executed copy of Program Supplement Agreement No. 009-M to Administering Agency-State
Agreement No. 08-5033 .
S~k
~ FARDAD FALAKFARSA, Chief
~ - Office of Project Implementation, South
Division of Local Assistance
Enclosure
c: DLA AE Project Files
(08) DLAE - Louis Flores
rm~~DD:rn[Q)
CJ~F SA~ BERNARD'~'O
O!'MLNT SERVICES
DEPAh'MEM
STATE OF CALIFORNIA. BUSINESS, TRANSPORTATION AND HOUSING AGENCY
DEPARTMENT OF TRANSPORTATION
Division of Local Assistance
. 1120 N STREET
P.O. BOX 942874, MS# 1
Sacramento, CA 94274-0001
TDD (916) 654-4014
(916)654-3151
Fax (916)653-7621
April 24, 2003
Mr. James Funk
Director of Development Services
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418-0001
Dear Mr. Funk:
GRAY DAVIS,Governor
.;...-.
.' ",.
, ,",
File: 08-SBD-0-SBD
CML-5033(030)
Intersection of University Parkway
and Kendall Drive
Enclosed is your fully executed copy of Program Supplement Agreement No. 016-M to Administering Agency-State
Agreement No. 08-5033 .
S~dw
~ FARDAD FALAKFARSA, Chief
f Office of Project Implementation, South
Division of Local Assistance
Enclosure
c: DLA AE Project Files
(08) DLAE - Louis Flores
OO[g@[gDW[g@
APR 3 0 2003
CITY OF SAN BERNARDINO
DEVELOPM~NT SERVICES
DEPARTMENT
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): I L- ")-0 I
Vote: Ayes .:) - 'I Nays
Change to motion to amend original documents:
Item #
...&--
13
Resolution #
Abstain -er-
cPcn I - 33 1
Absent I
Reso. # On Attachments:'/ Contract term:
Note on Resolution of Attachment stored separately: =-
Direct City Clerk to (circle I): PUBLISH, POST. RECORD W/COUNTY By:
NullNoid After: -
Date Sent to Mayor: 11- f)-O ,
Date of Mayor's Signature: 1\-,-01
Date ofClerk/CDC Signature: 11-,-0\
Reso. Log Updated: /
Seal Impressed: ,../
Date Memo e r Signature:
60 Day Reminder Letter Sent on 30
90 Day Reminder Letter Sent on 45th day:
Request for Council Action & Staff Report Attached: Yes L No By
Updated Prior Resolutions (Other Than Below): Yes No~ By
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Yes No~ By
Updated CDC Personnel Folders (5557): Yes No / By
Updated Traffic Folders (3985. 8234. 655, 92-389): Yes No /
See Attached:
See Attached:
See Attached:
Date Returned: ---
Copies Distributed to:
City Attorney V Code Compliance
Dev. Services ~ EDA
Finance
MIS
Parks & Rec.
Police
Public Services
Water
Others:
Notes:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File:~
Date: /11~Jo \
} ,
Revised 0 [/12/0 I