Resolution No. 6435
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RESOLUTION NO. 6435
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION
OF AN AGREEMENT BY AND BETWEEN THE CITIES OF
BELL, BELL GARDENS, CUDAHY, HUNTINGTON PARK AND
MAYWOOD AND THE CITY OF VERNON IN ORDER TO
PREPARE AND SUBMIT A JOINT APPLICATION FOR
DESIGNATION AS A FEDERAL ENTERPRISE COMMUNITY
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WHEREAS, the United States Congress has created an
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Enterprise
economic
growth
in
Community program
stimulate
to
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distressed areas, to be administered by the Department of Housing
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and Urban Development (H.U.D.); and
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WHEREAS, portions of the cities of Bell, Bell Gardens,
Cudahy, Huntington Park and Maywood, together with the entire City
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of Vernon, constitute an area eligible for designation as an
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Enterprise Community; and
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WHEREAS, areas which are designated as Enterprise
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Communities would be better able to retain existing industries and
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to attract new industries, due to financial aspects of the Federal
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program, which include tax advantages and grants; and
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WHEREAS, areas which are designated as Enterprise
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Communities would qualify for increased funding of various social
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service programs; and
WHEREAS, the cities of Bell, Bell Gardens, Cudahy,
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Huntington Park and Maywood have agreed to cooperate with the City
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of Vernon in preparing and submitting an application for designation
as a Federal Enterprise Community, to compete with other areas
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throughout the United States for such designation; and
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WHEREAS, the cities require the assistance of a consultant
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in preparing and submitting their application in a complete and
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timely fashion.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
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SECTION 1: The City Council of the City of Vernon hereby
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finds and determines that the recitals contained hereinabove are
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true and correct.
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SECTION 2: The City Council of the City of Vernon hereby
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approves the Enterprise Community Application Agreement, a copy of
8 which has been presented to the City Council concurrently with this
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resolution, and the City Council hereby orders said Agreement to be
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SECTION 3: The city Council of the City of Vernon hereby
12 authorizes the Mayor and the city Clerk to execute said Agreement
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for, and on behalf of, the City of Vernon.
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SECTION 4: The City Clerk of the City of Vernon shall
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certify to the passage of this resolution,
and thereupon and
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APPROVED AND ADOPTED this 17th day of May, 1994.
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--- EONIS c. MALB ~G, May r
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22 BRUCE V. MALKENHORST, City Clerk
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<C
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STATE OF CALIFORNIA )
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COUNTY OF LOS ANGELES )
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I, BRUCE V. MALKENHORST, City Clerk of the City of
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Vernon, do hereby certify that the foregoing Resolution, being
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Resolution No. 6435, was duly adopted by the City Council of the
City of Vernon at a regular meeting of the City Council duly held on
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1994,
and thereafter was duly signed by the
Tuesday,
May 17,
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Mayor/Mayor Pro Tem of the City of Vernon.
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BRUCE V.
(SEAL)
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ENDRPlUSECOJDmNITY APPL:tCA~J:ON .AGREEMENT
THIS AGREEMENT is made, entered into and executed in
duplicate originals, either copy of which may be considered
and used as the original hereof for all purposes, as of this
day of
California,
, ~994, County of Los Angeles,
CITY OF BELL (hereinafter
referred to as "Bell II )
6330 Pine Avenue
Be~l, CA 9020~
CITY OF BELL GARDENS (hereinafter
referred to as "Bell Gardensll)
7~00 South Garfield Avenue
Bell Gardens, cA 9020~
CITY OF CUDAHY (hereinafter
referred to as II CUdahy II )
5220 Santa Ana Street
CUdahy, CA 9020~
CITY OF HUNTINGTON PARK
(hereinafter referred to as
II Huntington Park II )
6550 Mi~es Avenue
Huntington Park, CA 90255
CITY OF MAYWOOD (hereinafter
referred to as IIMaywood")
43~9 East Slauson Avenue
Maywood, CA 90270
CITY OF VERNON (hereinafter
referred to as IIVernon")
4305 Santa Fe Avenue
Vernon, CA 90058
referred to individual~y as IIAgency" and .co~lectively as the
BY AND BETWEEN
AND
AND
AND
AND
AND
"Agencies."
RECITALS
A. The Congress -of the Dnited'states .ox. America has
authorized :the Designation of an .Enterprise Community program
whose goal is to stimulate economic ~owth in distressed areas
throughout the Nation.
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B. The legislation governing the Enterprise
Community program is set forth in United States Housing and
Urban Development ("HUn") Regulations, Sections 24 CFR Part 597.
C. The Agencies agree to cooperate in submitting an
appiication to HUn for participation in the Enterprise
Community program as a designated area consisting of the
collective Agencies. The Agencies further agree that, if
selected Ior participation, the Agencies shall cooperate in
meeting all program requirements.
D. Under the legislation cited above, an application
area for the Enterprise Community program may consist of
multiple jurisdictions.
E. The Agencies jointly meet the criteria as set forth
to qualify for participation in the Enterprise Community
program.
F. The Agencies consider that participation in the
Enterprise Community program would increase the ability of each
Agency to retain and encourage.. the expansion of existing
businesses and to attract new and innovative businesses to the
designated areas~
G . The Agencies consider that participation in the
Enterprise Community program would increase the ability of each
Agency to retain and encourage the expansion of existing
social service programs and attract new and innovative
programs to the rlesignated areas.
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H. The City of Huntington Park has agreed to coordinate
the application 'Process. Huntington Park has a current contract
to prepare an Enterprise Community application with Tierra
Concepts, as detailed in Exhibit "A".
I. The Agencies .recognize that, historically, the City of
Vernon has fully developed as an industrial community which
employs approximately 50,000 'Persons. A majority of these
50,000 employees reside in the southeast area of the County of
Los Angeles and in the South-Central area of the City of Los
Angeles. Therefore, the Agencies agree that their joint
interests would be served best by requiring that the application
provide that the City of Vernon will retain its exclusively
industrial character as part of any enterprise community.
J. The City of Bell has agreed to serve as lead Agency
for the prospective Enterprise Community. The City of Bell
contains two census tracts with a total population of 24,500,
half of the total population of the Enterprise Community.
NOW, THEREFORE, for and in consideration of the mutual
covenants and conditions contained herein, the Agencies agree as
follows:
Section 1. Administration
Although. the Agencies shall apply as collective
applicants, the City of BuntingtonParkshall coordinate the
application process. Each Agency shall appoint an advisory
commit:t.eemember ..to serve as coordinat.or xor that Agency, and
each coordinator shall report to its governing body. Jack
Wong, of Euntington Park, Bhall Berve as overall Ent€rprise
Community coordinator.
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Section 2. Joint Obliqation
For the entire term of this Agreement, the Agencies shall
maintain a joint advisory committee, consisting of one
representative :from each Agency. 'The conunittee shall meet as
needed, at a mutually agreed upon time, date, and place. The
purpose of the committee will be to provide input and complete
required documentation.
Section 3. Cost to Agencies
The cost to prepare and complete the application process
shall be equally divided between the Agencies in an amount not
to exceed $60,000.00, to be paid to Huntington Park within 30
days upon submission of payment request.
Section 4. Term of Agreement
This Agreement shall remain in full force and effect until
the Application described in recital fteft is:
a) finally denied by the state and federal agencies with
jurisdiction over said Application, or
b) approved, and the Agreement is superseded or terminated by
written ag~eement of the agencies.
Section 5. Limitation on Obligation
'The Agencies hereto agree and acknowledge that a portion
of their financial obligations pursuant hereto shall be payable
in part from Community Development Block Grant (CDBG) funds.
If, for any reason, CDBG funds are not reasonably available to
the Agencies .during the term or terms of this Agreement, the
Agencies may reduce their :financial obligation pursuant to this
Agreement, not withstanding any other provisions of this
Agreement to the contrary.
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Section 6. Amendments to Participation
Each Agency shall have the right to withdraw from
participation in the application. However, each Agency shall be
required to pay its share of the financial obligations, unless
relieved by mutual consent Df the other Agencies.
Section '7. Compliance with Federal and Local
Requirements.
This Agreement is subject to all applicable Federal,
State, and local laws, including regulations and directives
pertaining to the Community Development Block Grant (CDBG)
Program. The appropriate Federal, State and local requirements
shall include but not be limited to the provisions detailed on
Exhibit "B" of this Agreement.
Section 8. Assignment.
No Agency may assign any right or obligation pursuant to
this Agreement. Any attempted or purported assignment of any
right or obligation shall be void and of no effect.
Section 9. Liability.
.Each Agency to this Agreement shall be .solely :r~ponsible
:for the acts of its own officers, agents, and employees in the
conduct of the activities provided for in this Agreement. No
Agency shall assume any liability, vicarious or otherwise, for
any loss or claim:for personal injury, property damage, or death
caused by the acts or omissions of the agents, Dfficers, or
employees of any other Agency to this Agreement.
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Each Agency agrees to defend and hold harmless every other
Agency to this Agreement for any loss or claim for personal
inj u:ry, property damage, or death caused by the acts of
omissions of the agents, officers, or employees of the
indemnifying agency.
Sectiop ~o. Notices
Service of notices to be given pursuant to this Agreement
shall be sent the Agencies, unless otherwise requested in
writing, via United States Postal Service, postage prepaid to
the offices of the Agencies addressed as follows:
City of Bell
Chief Administrative Officer
6330 Pine Avenue
Bell, California 90201
City of Bell Gardens
City Manager
7100 South Garfield Avenue
Bell: Gardens, ,California 90201
City of Cudahy
City Manager
5220 . Santa Ana Street.
Cudahy 4 California 90201
City of Huntington Park
Chief Administrative Officer
6550 Miles Avenue
Huntington Park, Cali~ornia 90255
City of Maywood
Chief Administrative Of~icer
4319 East Slauson Avenue
Maywood, California 90270
.
City of Vernon
City Administrator
4305 Santa Fe Avenue
Vernon, California "90058
IN WITNESS WHEREOF,' each Agency has executed this
Agreement as of the day and year first above written:
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ATTEST:
BY:
. TITLE:
APPROVED AS TO FORM:
BY:
TITLE:
ATTEST:
BY:
TITLE :
APPROVED AS TO FORM:
BY:
TITLE:
ATTEST:
BY:
~ITLE :
APPROVED AS 'TO FORM:
BY:
TITLE:
CITY OF BELL, a municipal
corporation
BY:
TITLE:
CITY OF BELL GARDENS, a municipal
corporation
BY:
TITLE:
CITY OF CUDAHY, a municipal
corporation
BY:
'TITLE:
.
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CITY OF HUNTINGTON PARK, a
municipal co~oration
BY:
TITLE:
ATI'EST:
BY:
TITLE:
APPROVED AS TO FORM:
BY:
TITLE:
CITY OF MAYWOOD, a municipal
corporation
BY:
TITLE:
ATTEST:
BY:
TITLE :
APPROVED AS TO FORM:
BY:
TITLE:
CITY OF VERNON, a municipal
corporation
BY:
.
'TITLE:
ATTEST:
.BY:
'TITLE:
APPROVED AS TO FORM:
BY:
TITLE:
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MRY-03-1994 12:00 FROM CITY*HUNTINGTON*PK
TO
'7719473
P.02
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EXHIBrI' "A"
April 26#. '994
.Jack Wong. "iractor
Community Development Department
~ .oF HUNTINGTON .,ARK
6550 Miles Avenue
+tuntington Park# Cafifomie 90255
Dear Mr. Wong:
On behalf of Tierra CQncepts. "thank youior enlisting 'the services of our firm
to assist the City of Huntington Park in preparing applications for the Federal
Empowerment Zones and interprise Communities. It is well understood by
the staff of Tierra Concepts that ther. is II very short time frame in which to
prepare the applications. to coll.ct and/or prepare the supporting
1:Ioc:umentation and conduct the reQuired public outreach. 18m confident that
in collaboration with the City staff. we will be able to J)repare an application
'that meets .aU l)f the reQuired criteria end that also meets all applicable
deadlines.
:Pursuant to our conversation. T~erra Concepts is 10 f)e .ngaged by the City
of Huntington Park to prepare the City's application for submission as an
~nterprise Community. Further. itts $)ossibJe, end likely. that several
surrounding cities wiU join with the City of Huntington Park in preparing an
application as an Enterprise Community. It Js understood "that shoufd this
Consortium of Cities Oe1'ealized. that Tierra Concepts would also prepare the
documents for the other cities. In view of the critical timing of this project.
notice is to be immediately provided to Tierra 'concepts .at the time the
Consortium of Cities is consummated.
This .tterts intended to serve .s'the wprese..tation 101 -the _rms end
conditions <()f Tterr8 ConceptS' 'Contractual ftlationship with 'the Citycf
Huntington Park. ihefollowing _presents QUratnderstanding <<>1 the asks to
tMtundeftaken. "the "pacific _ork ,:n'Oducts "to -0. 1H'8pared. end "the
rasponsibilitiesDf both the City of Huntington .p.t staff end Tierra 'C1)ncepts.
SCOPE OFWDRK
Tierr. Concepts willundenake the fDJlowjna .tasfcs mr the aty.of 4oWntington
Park:
1. Sehedule: Prepare a .schedule of tasks end activities U) 'be l:DTnPIeted ~md
e schedule .,f 'bench ~ar<< dates.
3.
4.
6.
7.
8.
2.
Data Collection:- AII1'eQUired SUPf)ort documentation wm be corlected and/or
1)repated pursuant to the.applu..:8tion eriteria and i'egulations. -Maps, graphics and
other information which may enhance the application will also be prepared.
It is undarstood that the primary -responsibility of 'the Consultant in this .gment
of the project is the completion of an Enterprise Community application.
tiowever,.t is further understood thattbe Consultant wiD assist in Qathering data.
maps. etc. for submittal to either the City 'Or County of J.os Angeles* if .so
NQUired; for aset)arate Entefl)tise Community application.
The Consultant shall 81so 'Prepare the narrative describing existing social.rvice
Geliveryeystems end humin 1'eSOUrCes. identifying .any Gaps in service. end 1h8t
determines end .stabUshes the need for Title XX Social Service Block Grant
funds. .
s.
ADt)fic8tion~ The Ipplicatitm will be ~repl"ed .in eccordance with 'the ?ederal
reguJations.including the Strategic Plan.
Notices: AlIl'eQuired notices will be $)osted end .dwl1ised 8S required by the
application. The pro.cess will be documented f~r inclusion in the application.
Community Outreach: Acommunitv outriu1.ch plan will be prepared by Tierra
Concepts. upon approval by the Cfty. the pia" wUI be impfemented by Tierra
Concepts. The process will be documented for inclusion in the application. The
meeti"gs will be posted and advertised. Jdentified interested parties wiU also be
contacted by tel~hone and informed of the meetings.
troiect Prooress and UDdates: The schedule prepared for this project will.lJow
or meetings to discuss progress 1)n the application.as well a .opportunities to
,.view and ~omment 1)n the applic8tionas each section is ~repared and
completed.
Consortium ADD1ic~tion: The scope of ~ervices shall tnet.ase proportionately if
the Consortium of Cities is finalized. Tterra Conces:>ts would undertake the above
lIerviees outlined above on behalf of the other cities.
ADJ'lJit:.tion. Revisions.. RHDo.nft~ IIf'Id Follow-U.D: The'ConsultllDt ~11 be
, responsible. for cDmpleting IIny ,.W$iQIU, chMlges .nd/or .",."dm.t. ",equi'ed
4' lequestetl by rhe Fedef61, St6te and sny orhe, oversight .gene;e$ ,.Isting to
the Enterpri.e CommunityApP/iution. 4mtil such Bm".. ~he..p~tiDn ~ives
#i1Ul1.pprovs/Of denisl.
etJNTRACTJJAL RElATIONSHIP'
.
'Tfte contfeet~r eervices ~rein ~fDt)QSed G~en "the City.,f +tuntington ..r~ .nd
'"Tterra I:oncePtS.' Services 1nay -be -provided 'to other Cities 'through 4Igreement.
+towever. ell ~ractua' 1trrangements for services. should the scope of ~ervices be
expanded. will remain _tween the City Gf -Huntington .park. .$ the _d .gency. .nd
"T..rra ConceptS.
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COMPENSATION'FO'R PRDFESSIONAL SERVICES RENDERED
The eompenation to, 'this ",ojeet is up to,. but not to Hcead, $ID,DOO.OO.. PlItt of
. the City of Huntington Park's partici/Mtion in the 30uthee.t Enterprise Community (SEe)
.pp/ication.
A ""llIfe .mtJlllt" IltIt to .xc.ed $5,000"00,,, /$_0 .greed ttJ ..ffts by 1IIe City of
MlRftington Pade .$. compensation for any.dditione' wotlc thet the Consultant will
perform .peciRClIlly .nd $oIely lor the City ~f Huntington Perk in connection with
Huntington p.,rlc's inclusion in the joint ..pplicstirJn.being prepMW/ It" MlbtDiuion 6y"".
City IIntI County 01 LO$ Angele$ for de&ignation ....." EnterPTise Community. This CfJ$t,
H .nd when incu"ed, ",HI be billed se~l1Itely to the City DI Huntingti/lll h,k JJy..
apMB" invoice.
$EC CONSORT/UMCrrJES.
It #6 .nticipeted 11I.t . consortium of South_stEnterptise .atiu tsECJ "';/1 be
.tablished to file. joint IIpplit:6tion lor the I>>"if:ipating ..,.e.to be thslgnat<<l IS II
federa' Ente",rise Community. end th.t Tie". Concept. will be the consulting fi,m to
",.ptI,.and complete this joint SEe appliution.
Wh." the Southeast Enterprise Community ConstJl1ium i$ e$fablished, for the IJUrpO$e
of filing a joint Enterprise Community .ppJit:6tion, _ch participllting city shall psy "
_~' ,/ pl'Oportionalaftlount 01 the tot.' contract fees, but not to exceed $10,,000.00 per City,
fo' a-total .mOl.lm. not to exceed 160,000.00 collectively for .,1 six ,mrticipating cities.
The specified contrllct lItnount shall cover all costs incurred" whether for prDfessionsl
...,.,ices or di,.t:t costs, ,-'ating to the Enterprise Community .pplication, including
.follDw-up tequests, until such time.s. final decision is m6de by the FtHlsral Dep.nment
01 Housing and Urb6n Development.
METHOD OF PA YMENT
All invoices shall t>e submitted and "ayment authorized 'On ~ monthly 'basis '8nd 'Shall
include the amount due with a breakdown of the charges by category. All invoices will
contain an itemization of directly related l'roject expenses incurred by the Consultant.
The City..grees: to. pay ifWoi&es within forty-live /45) days 6Jf ..mission.
" TERM OF AGREEMENT.
This #lg'eement shall ~em.in in lulllorce .nd eflect ~ntil #loth .e Southeast Erltef'/J,;se
~y Consortium Entetpl'ise Community .pplication .JInd the Dty of Huntington
hdtlCity oil-os Angeles Enterprise CDmmunity App/it:6tion, Jf.ny..,.-INII'I+1pproved
<<ttlenled by #Ie .$Ute .ndFM1e,./.gent::ia -'thjutisdiction ..,.,..idtSpplicatiDtl,.nd
.". .~.",.nt is .uspended ;Gr _rmiMted by written .lJfINIIJJtlIJt .0'. .,.nit:ipating
din.
TIME OF nRFDRMANCE
This ~oject shan be eompleted I>Ufsuant to. schedule .,f activities dictated by "the
_plication l'rocess. A eaJendar of critical deadlines end 'bsks shall be ~~recf that
'is =rrelated 'to .. lime 'Schedule for 'Completing ~ lIppliCltion. 1n any event, the
.consultant shall1:omplete 'the "draft application for .submission to the State Department
101 'Tl'ade end C'Ommerce by .June 1" 1994 and shall complete 1he -final e.pplication by
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~ne 30. '994 for submission to the Department of Housing and Urban Development.
TERMINATION
This agreement may be terminated ty'the eity l)f <HuntinQton Part with 'thirty (30. days
written notice to the Consultant. The Consultant $hatl be ~ntitled to the compensation
earned prior to the date of the "terrmnetion notice J>Ws ~ny work . completed ~ur~ng the
thirty (30) day notice period. .
If the foregoing terms .and conditions .re lIccepmbJe. __e aign end dete this fetter
.greement .s indicated. Upon "eceipt of the signed 'COpy, Tierra ConceptS will
immediately .begin working on the federal application. .
Again.1hank you for selecting Tierra ConceptS to ~r.epate the Enterprise C1mImunity 1)r
Empowerment Zone application on behalf of the City.of Huntington Park. Our staff
looks fOrward to an exciting and ~.oductive ..eletionship <<turin; 'this JWoject.
Very truly yours,
TIERRA. CONCEPTS
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Sylvia V. Ruiz
President
DATE
CITY OF <HUNTINGTON i>ARK
BY:
TITLe:
,
-nERRA CONCEPTS
<SY:
tIT!.::
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~IBIT B
~ . COMPLIANCE WITH LAWS
The CONSULTANT agrees to be bound by applicable
Federal, State and local laws, ordinances, regulations and
directives as they pertain to the performance of this
Agreement. This Agreement is subject to and incorporates the'
terms of the Housing and Community Development Act of 1974, as
amended; 24 CFR Part 92; U. S. Office of Management and Budget
(OMB) Circulars A-87, A-1~O, A-122; the County
Auditor-Controller Contract Accounting and Administration
Handbook; and all amendments or successor laws, regulations or
guidelines.
2. REVENUE DISCLOSURE' AND RECORD RETENTION
. The CONSULTANT shall make available for inspection and
audit to Cities', County's and BUD's representatives, upon
request, at any time during the implementation of this
Agreement and for a period of three (3) years thereafter, all
of its books and records relating to the operating of the
project which is funded in whole, or in part, with Federal
grant mC?nies.
3 . EOUAL EMPLOYMENT OPPORTUNITY
During the performance of this Agreement, the
CONSULTANT agrees as follows:
a. 'The CONSUL'TANT will not discriminate against any
employee or applicant for employment because of race, creed,
sex, color or national origin. The CONSULTANT will take
affirmative action to ensure that a~plicantsare employed, and
that' employees are treated during employment, without regard to
their race, creed, sex, color or national origin. Such action
shall include, but not be limited to the following: employment,
upgrading, demotion, or transfer; rates of pa~ or other forms
of compensation; and sel~ctionfor training, ~ncludin~
apprent'it:eship. .
b. "The 'CONSULTANT will, in allsol.icitation or
adverti'Sements for employees ~laced by or on behalf of the
CONSULTANT, state that all .qualified applicants will receive
consideration "for employment without regard to race, creed,
color, sex, or national origin.
%:: _ "The tDNSDL'T.A:NT will 'Cause tile ~oregoing
provisions to be inserted in all subcontracts for any work
covered by this Agr.eement so that such provisions will be
.bindin~ upon each subcontractor, ~rovided that the foregoing
provis~ons shall not apply to contracts or subcontracts for
standard "Commercial 'Supplies or :raw'lIlaterials.
d. ~he CONSULTANT will comply with all provisions of
Executive Order ~1246 of September 24, 1965, and of the rules,
regulations, and relevant orders of the Secretary of Labor.
e. The CONSULTANT will :furnish all information and
reports required by Executive Order ~~246 of September 24,
1965, and by the rules, regulations and orders of the SecretarY
of Labor, or pursuant thereto, and will permit access to his ,
books, records and accounts by the CITIES and the Secretary of
Labor :for purposes of investigation to ascertain compliance
with such rules, regulations and orders.
f. In the event of the CONSULTANT's non-compliance
with the equal opportunity clauses of the Agreement or with any
such rules, re~lations or orders, this Agreement ~ay be
canceled, term:L.nated, or suspended in whole or in part and the
CONSULTANT may be declared ineligible for further government
contracts in accordance with procedures authorized in Executive
Order 11246 of September 24, 1965, and such other sanctions may
be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order
of the Secretary of Labor, or as otherwise provided by law.
g. The CONSULTANT will include the provisions of
paragraphs (a) through (f) in every subcontract or purchase
order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will
be binding upon each subcontractor or vendor. The CONSULTANT
will take such action with respect to any subcontract or
purchase order as the CITIES may direct as a means of enforcing
such provisions including sanctions for non-compliance;
provided, however, that in the event the CONSULTANT become
involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such directions by the
CITIES, the CONSULTANT may request the United States to enter
into such litigation to protect the interests of the United
States.
4. CIVIL RIGHTS ACT OF ~964
.
Under 'Title VI of the Civi'l Rights Act of :1.964, no
-person shall ,on the 'grounds of :race, color, x.>r national
origin, be excluded ~rom participation in ,.be .denied the
benefits of, or be subjected to discrimination under any
~rogram or activity receiving :federalzinancial assistance.
5. SECTION ~ 09 OF 'THE lIOUS'ING MID . COMMUNTTY 11EVELUPMENT
ACT OF 1974
No person in the United States sha'll, on the yrounds
of :race, color, national origin, or sex be excluded fr9m
participation in, be denied the benefits of, or be subJected.to
discrimination under any program or activity funded in whole or
in part with funds made available under this title.
.
6. AGE DISCRIMINATION ACT OF 1975 AND REHABILITATION ACT
OF 1973
Any prohibition against discrimination on the basis of
age under the Age Discrimination Act of 1975, or with respect
~oan o~herwise qualified hanqica~ped individual, as provided .
~n Sect~on 504 Of the Rehabilitat~on Act of 1973, shall also
apply to any such program or activity.
8. CONFL'ICT OF 'INTEREST
~
The CONSULTANT, its agents, officers and employees
shall compl~ with all applicable Federal, State and County laws
and regulat~ons governing conflict of interest.
9 . SEVERABILITY
In the event that any covenant, condition or other
provision herein contained is held to be invalid, void or
illegal by any court of competent jurisdiction, the same shall
be deemed severable ~rom the remainder of this Agreement and
shall in no way affect, impair or invalidate any other
covenant, condition or other provision contained herein. If
such condition, covenant or other provision shall be deemed
invalid due to its scope or breath, such covenant, condition or
other provision shall be deemed valid to the extent of the
scope or .breath permitted.by ~aw.'
10. < 'INTERPRETATION
No provision OI ,this Agreement :is to .be :blterpreted
for or against either party because that party Dr that party's
~egal Tepresentati.ve ma:fted such '"Provision ,but this Agreement
:is to be t:onst%'Ued as :iI it were dra'fted by tile PARTIES hereto.
J.l . AMENDMENTS
This writing, with attachments -expressly "'referenced
and incorporated herein, embodies the whole of the Agreement of
the PARTIES hereto. Except as herein provided, addition to or
variation of the terms of this Agreement shall not be valid
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., a't
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unless made in the form of a written amendment of this
Agreement formally approved and executed by the PARTIES.
J.2 . WAIVER
. .. No bre':lch of any provision hereof can be waived unless
~n wr~t~ng. Wa~ver of anyone breach of any provision shall ,
not be deemed to be a waiver of any other br€ach of the same or
any other provision hereof.
~3. MONITORING AND EVALUATION
Th~ ongoing assessment and monitoring of this
Agreement is the responsibility of CITIES. Authorized
:representatives, of the Cities, County and HUD shall have the
right of access to all activities and facilities operated by
the CONSULTANT under this Agreement. Facilities shall include
all files, records, and other documents related to the
performance of this .Agreement.
~4. .LOBBYING CERTIFICATION
The CONSULTANT certifies that:
(a) No Federal appropriated funds have been paid or
will be paid, by or on behalf of the CONSULTANT, to any person
for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the
making of any cooperative agreement, and the extension,
continuation renewal, amendment, or modification of any Federal
contract,. grant, loan or. cooperative agreement.
(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 agency, a Member Dr Congress, an officer o~ employee.or
Congress, or an employee of a Member Df Congress ~n .connection
with this .Federal .contract, grant, ~oan, or cooperative
agreement, 'The CONSUL'TANT ]Shall -complete and submit .standard
Fonn-LLL, '''Disclosures Fonn to Report Lobbying", in accordance
with its instructions.
(c) 'The CONSULTANT shall require that the language
of this - certification be .included in all subcontracts and that
all subcontractors shalloertify and disclose accordingly.