HomeMy WebLinkAbout5369_CCv0001.pdf RESOLUTION NO, 5369
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS AUTHORIZING
THE MAYOR OF THE CITY OF REDLANDS TO ACT FOR AND ON BEHALF OF SAID
CITY IN THE EXECUTION OF AN ADMINISTERING AGENCY-STATE MASTER
AGREEMENT FOR FEDERAL-AID PROJECTS.
WHEREAS, the City Council of the City of Redlands approved the Master Agreement No,
08-5083 for Federal-Aid project on November 7, 1978 between the City of Redlands and the
State of California; and
WHEREAS, the City of Redlands seeks to maintain its eligibility for Federal-Aid funding for
various street projects; and
WHEREAS, an updated Administering Agency-State Master Agreement No. 08-5083 has been
received from the State of California which will take the place of the Master Agreement No, tib-:
8 > executed on November 7, 1978; and
WHEREAS, the updated Administering Agency-State Master Agreement No. 08-5083 must
be executed by the City of Redlands in order to be in effect;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Redlands as
follows:
SECTION ONE:
That the Mayor of the City of Redlands is hereby authorized, effective May 6, 1997; to
act for and on behalf of the City of Redlands in execution of the Administering Agency
State Master Agreement No. 08-5083 between the City of Redlands and the State of
California.
ADOPTED, SIGNED AND APPROVED THIS 6TH DAY OF MAY, 1997.
ayor of the City of Redlands
ATTEST:
i-vy -lerk 777
MASTER AGREEMENT
ADMINISTERING AGENCY-STATE AGREEMENT
OR
FEDERAL-AID PROJECTS
Q&_ City of R dlands
District Administering Agency
Agreement No. 48-5083
This AGREEMENT, made effective this day of 1 1997, is by and between
the City of Redlands, hereinafter referred to as "ADMINISTERING AGENCY," and the State of
California, acting by and through the California Department of Transportation (Caltrans), hereinafter
referred to as "STATE."
WITNESSETH:
WHEREAS,AS, 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
Program (RSTP), the Congestion Mitigation and Air Quality Improvement Program (CMAQ),), the
Transportation Enhancement Activities Program(TEA),and the Bridge Replacement and.Rehabilitation
Program(HBRR) (collectively the "Prograrns") and:
WHEREAS,the Legislature of the Stateof California has enacted legislation by which certain
Federal funds ( STP 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 "°PR GRAM SUPPLEMENT," has been executed.
The term "PROJECT," as used herein,;means that authorized project financed in part with
Federal finds 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).
,. The Financial commitment of STATE administered federal funds will occur only upon the
execution of this AGREEMENT, and the execution of each project-specific PROGRAM SUPPLEMENT`
and PR-2.
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ARTICLE VIII - TERMINATION OF AGREEMENT
1, This Agreement and any PROGRAM SUPPLEMENT(s) executed under this
AGREEMENT shall terminate upon 60 days' prior written notice by STATE.
2. Each separate PROGRAM SUPPLEMENT shall separately establish the term and funding
limits for each described PROJECT funded under this Federal-aid program. No STATE or FHWA funds
are obligated against this AGREEMENT.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized
officers.
STATE OF CALIFORNIA CITY OF REDLANDS
DEPAR1ME*4TCFMMSPCRTAT1ON
By
Swan Larson
Mayor ---
Chief, Office of Local Programs ADMINISTERING AGENCY
Project Implementation Representative Name&Title
(Authorized Governing Body Represeritative)
Date Date May 6. 1997
ATTEST:
By
L r
r e Poyze
Ci Clerk
11/29/95
EXHIBIT
FAIR EMPLOYMENT PRACTICES ADDENDUM
1 In the performance of this Agreement,ADMINISTERING AGENCY will not discriminate
against any employee for employment because of race,color,sex,religion, ancestry or national origin.
ADMVqSTERING AGENCY win take of ativc action to ensure that employees ted during
employment, without regard to their race, sex, actual or perceived sexual orientation,color, religion,
ancestry,or national origin. Such action shall include,but not be limited to, the following: employment,
upgrading,demotion ortransfer;recruitment or recruitment advertising,layoff or termination;rages of pay
or other forms of compensation;and selection for training,including apprenticeship. ADMIMSTERING
AGENCY shall peau in conspicuous places,available to employees for employment,notices to be
provided by STATE setting forth the provisions of this Fair Employment section.
. ADMMSTERING AGENCY will permit access to the records of employment,
employment advertisements,application fortes,and rather pertinent data,and records 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 to ascertain compliance with the Fair Employment section of this
Agreement.
. Remedies for Willful Violation
(a) STATE may determine a willful violation of the Fair Employment provision to have
occurred upon receipt of a final judgment to that effect from a court in an action to
which ADMIMSTERING AGENCY was a party, or upon receipt of a written
notice:from the Fair Employment and Housing Commission that it has investigated
and determined that ADMMSTERING AGENCY has violated the Fair Employ-
ment Practices Act and had issued an carder under Labor Code Section 1426 which
has become final or has obtained an injunction.under Labor Code Section 1429.
For willful violation of this Fair Employment Provision, STATE shall have the
right to terminate this Agreement either in whole or in part,and any loss or damage
sustained by STATE in securing the goods or services thereunder shall be borne
and paid for by : RI G AGENCY and by the surety under the
performance bond, if any, and STATE may deduct from any moneys due or
thereafter may become clue to ADMMSTERING AGENCY,the difference
between the price named in the Agreement and the actual cost thereof to STATE to
cure ADMNISTERING AGENCY's breach of this Agreement.
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EXHIBIT
NONDISCRIMINATION ASSURANCES.
ADMINISTERING AGENCY HEREBY AGREES THAT,as a condition to receiving any Federal
financial assistance from the STATE, acting for the U.S. Department of Transportation,it will comply
with"pine VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2 - 2U.S.C. 2
(hereinafter referred to as the ACT),and all requirements imposed by or pursuant to Title 49,Code of
Federal Regulations,Department of Transportation, Subtitle A,Office of the Secretary,Part 21,
"Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of
Title VI of the Civil Rights Act of 1964" (hereinafter referred to as the REGULATIONS),the Federal-aid
Highway Act of 1973,anti ether pertinent directives,to the end that in accordance with the A
REGULATIONS,and other pertinent directives, no person in the United States shill, on the grounds of
race,color,sex,national origin,religion, age or disability,be excluded from participation in,be denied the
benefits of, or be otherwise subjected to discrimination under any program or activity for which
ADMINISTERING ACE CY receives Federal financial assistance from.the.Federal Department of
Transportation,ADMINISTERING AGENCY HEREBY GIVES ASSURANCE THAT
ADMINISTERING AC CY will promptly tale any measures necessary to effectuate this agreement.
This assurance is required by subsection 21.7(a) (1)of the REGULATIONS.
More specifically,and without limiting the above general assurance,ADMINISTERING
AGENCY hereby gives the followings specific assurances with respect to its Federal-aid Program:
I. That ADMINISTERING AGENCY agrees that each "program" and each "facility" a
defined in subsections 21.23 (e) and 21.23 (b) of the REGULATIONS,will be (with regard to a
"program")conducted, or will be(with regard to a "facility")operated in compliance with all requirements
unposed by or pursuant to, the REGULATIONS.
2. That ADMINISTERING AGENCY shall insert the following notification in all solicitations
for bids for work or material subject to the REGULATIONS made in connection with the Federal-aid
Program d,in adapted form,in all proposals for negotiated agreements:
ADMINISTERING AGENCY hereby notifies all bidders that it will affirmatively
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.
. That ADMINISTERING AGENCY shall insert the clauses of Appendix A of this
assurance in emery agreement subject to the ACT and the REGULATIONS.
. That the clauses of Appendix B of this Assurance shall be included as a covenant running
with the land,in any deed effecting a transfer of real property,structures,or improvements eon, or
interest therein.
5. That where AD `IST RING AGENCY receives Federal financial assistance to construct
a facility, or part of a facility,the Assurance shall extend to the entire facility and facilities operated in
connection therewith.
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That where ADMINISTERING AGENCY receives Federal financial assistance in the
form,or for the acquisition,of real property or an interest in real property,the Assurance shall extend to
rights to space on, over,or under such property.
7. That ADMINISTERING AGENCY shall include the appropriate clauses set forth in
Appendix G and D of this Assurance, as a covenant running with the land, in any future deeds,leases,
permits,licenses,and similar agreements entered into by the ADN41MSTERING AGENCY with other
parties:
Appendix C
a for the subsequent transfer of real property;acquired or improved under the Federal
aid Program; d
Appendix D
(b) for the construction or use of or access to space on, over, or under real property
acquired, or unproved under the Federal-aid Program.
. That this assurance obligates ADMINISTERING AGENCY for the period during which
Federal financial assistance is extended to the program,except,where the Federal financial assistance is to
provide,or is in the form of,personal property or real property of interest therein,or structures,or
improvements thereon,in which case the assurance obligates ADMINISTERING AGENCY or any
mansferee for the longer of the following periods.
Ia 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 ADMINISTERING AGENCY retains ownership or
possession of the property.
e at ADMINISTERING AGENCY shall provide for such methods of administration'stration for
the program as are found by the U.S. Secretary of Transportation,or the official to whore he delegates
specific authority, to give reasonable guarantee that ADMINISTERING AGENCY,other recipients,sub-
grantees, applicants, sub-applicants, transferees, successors in interest, and other participants of Federal
financial assistance under such prem will comply with all requirements unposed by,or pursuant to,the
ACT, the REGULATIONS, this Assurance and the Agreement.
10. That ADMINISTERING AGENCY agrees that the United States and the State of California
have a right to seek judicial enforcement with regard to any matter arising under the ACTT, the
REGULATIONS,and this Assurance.
TTIIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all
Federal g ts, loans,agreements,property, dismounts or other Federal financial assistance extended r
the date hereof to ADMINISTERING AGENCY by STATE,acting for the U.S. Department of
Transportation,and is binding on ADMINISTERING AGENCY, other recipients,subgrantees,
applicants,sub-applicants,transferees,successors in interest and tither participants in the Federal-aid
Highway Program.
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APPENDIX B TO EXIIIBIT B
The following clauses shall be included in any and all deeds effecting or recording the transfer of
PROJECT real property, structures or improvements thereon, or interest therein from the United States.
(GRANTING CLAUSE)
NOW,THEREFORE, the U.S.Department of Transportation,as authorized by law,and upon the
condition that AIS MMSTERING AGENCY will accept title to the lands and maintain the project
constructed thereon,in accordance with Title 23,United States Code, the Regulations for the
Administration of Federal-aid for Highways and the policies and procedures prescribed by the Federal
Highway Administration of the Department of Transportation and,also in accordance with and in
compliance with the Regulations pertaining to and effectuating the provisions of Title VI of the Civil
Rights Act of 1964(78 Stat. 252; 42 U.S.C. 2000d to 20OOd-4), does hereby remise, release, quitclaim
and convey unto the ADMMSTERING AGENCY all the right, title,and interest of the U.S. Department
of Transportation in, and to,said lands described in Exhibit "A" attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto ADMMSTERING AGENCY
and its successors forever, 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 property or
structures are used for a purpose for which Federal financial assistance is extended or for another purpose
involving the provision of similar services or benefits and shall be binding on ADMINISTERING
AGENCY, its successors and assigns.
ADMIMSTERING AGENCY, in consideration of the conveyance of said lands and interests in
lands,does hereby covenant and agree as a covenant running with the land for itself,its successors and
assigns,
(1) that no person shall on the grounds of race,color,sex,national origin,religion,age or
disability,be excluded from participation in,be denied the benefits of,or be otherwise
subjected to discrimination with regard to any facility located wholly or in part 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 requirements imposed by or pursuant to Title 49,Code of Federal
Regulations, Department of Transportation, Subtitle A,Office of the Secretary,Part 21,
Non-discrimination in Federally-assisted prog of the Department of Transportation-
Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be
amended Q and
(3) that in the event of breach of any of the above-mentioned nondiscrimination conditions,the
U.S.Department of Transportation shall have a right to re-enter said lands 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 assigns as
such interest existed prior to this deed.*
Reverter clause and related language to be used only when it is determined that such a clause is
necessary in order to effectuate the purposes of Tide VI of the Civil Rights Act of 1964.
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` APPENDIX C TO EXHIBIT B@
The following clauses shall be included in any and all deeds,licenses,leases, permits, or similar
instruments entered into by ADMINISTERING AGENCY,pursuant to the provisions of Assurance 7(a)
of Exhibit B.
The grantee (licensee,lessee, permittee,etc., as appropriate) for himself,his heirs,personal
representatives,successors in interest, and assigns, as a part of the consideration hereof, does hereby
covenant and agree (in the case of deeds and leases add "as covenant running with the land") that in the
event facilities are constructed, maintained,or otherwise operated on the said property described in this
(deed, license,lease, permit,etc.) for a purpose for which a U.S. Department of Transportation program
or activity is extended or for another purpose involving the provision of similar services or benefits,the
(grantee,licensee, lessee,permittee,etc.), shall maintain and operate such facilities and services in
compliance with all other requirements imposed pursuant to Title 49,Code of Federal Regulations,
U.S. Department of Transportation, Subtitle A, Office of Secretary,Part 21,Nondiscrimination in
Federally-assisted programs of the Department of Transportation-Effectuation of Title VI of the Civil
Rights Act of 1964, and as said Regulations may be amended.
(Include in licenses, leases,permits,etc.)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING
AGENCY shall have the right to terminate the(license,lease, permit etc.)and to re-enter and repossess
said land and the facilities thereon, and hold the same as if said(license,lease,permit�etc.)had never been
made or issued.
'
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'(Include__ _--__~That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING
�
AGENCY shall have the right to re-enter said land and facilities thereon, and the above-described lands
and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING
AGENCY and its assigns.
Reverter clause and related language to be used only when it is deter-mined that such a clause is
necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
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APPENDIX D TO EXHIBIT B
The following shall be included in all deeds,licenses,leases,permits, or similar agreements
entered into by the ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7 (b)of
Exhibit B.
The grantee(licensee, lessee, permittee,etc., as appropriate) for himself, his personal
representatives, successors in interest and assigns, as a part of the consideration hereof,does hereby
covenant and agree(in the case of deeds,and leases add "as a covenant running with the land")that:
(1) no person on the ground of race,color, sex,national origin, religion,age or disability,
shall be excluded from participation in,denied the benefits of,or otherwise subjected to discrimination in
the use of said facilities;
(2) that in the construction of any improvements on, over,or under such land and the
furnishing of services thereon,no person on the ground of race,color,sex, national origin,religion,age
or disability shall be excluded from participation in, denied the benefits of,or otherwise be subjected to
discrimination; and
(3) that the(grantee,licensee,lessee, permittee,etc.,)shall use the premises in compliance
with the Regulations.
(Include in licenses, leases,permits, etc.)*
That in" event of breach of any of the above nondiscrimination covenants,ADMINISTERING
AGENCY shall have the right to terminate the(license,lease,permit,etc.) and to re-enter and repossess
said land and the facilities thereon, and hold the same as if said (license,lease,permit,etc.)had never been
made or issued.
(Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING
AGENCY shall have the right to re-enter said land and facilities thereon, and the above-described lands
and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING
AGENCY,and its assigns.
Reverter clause and related language to be used only when it is determined that such a clause is
necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
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