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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 ~,!i 2('{J V- 3. ~ \ JI J5)/)/ -./ / ' 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. c c c ~(Q)(PW l 1 2 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 I c c c 1 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 () 28 2 c c .............."'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 c c 1 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 C 27 28 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 ~ f - 2 - c 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. I 11f2919S t= V.IJ/P..T ,oA~ 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 /- \....- 2 11129195 . ~ I-.~" 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. . 3 11129/95 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. 4 11129195 ,,-....... 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: 5 11129195 ~,-........ 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. C 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. 6 11129195 -- ....... ~ 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