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Resolution No. 6464 . .. " 1 RESOLUTION NO. 6464 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT AMONG THE CITY OF VERNON, SIX NEARBY CITIES, AND LOS ANGELES COMMUNITY COLLEGE DISTRICT FOR A SATELLITE CAMPUS 4 5 6 WHEREAS, Los Angeles Community College District has 7 approved the establishment of a community college extension campus 8 in Huntington Park to serve the cities of Bell, Bell Gardens, 9 Cudahy, Huntington Park, Maywood, South Gate, and Vernon; and lO WHEREAS, a study of the establishment of a campus was II prepared and submitted on November 9, 1993, which acknowledges a l2 need for such a campus, identifies a suitable building for the l3 facility in Huntington Park, and recommends a schedule of classes l4 for said campus; and l5 WHEREAS, such a community college extension campus will l6 provide opportunities for local residents and employees to further l7 their education, improve job security and income, and create a more l8 secure economic base for their cities; and 19 WHEREAS, each city will provide funding for the rental of said building, for a total projected amount of $9,000.00 per month, been requested to underwrite a portion of 20 2l and the City of Vernon has 22 the lease at a cost to the 23 and per year; City of $2,000.00 per month or $24,000.00 24 WHEREAS, the City Administrator has recommended approval of the Agreement for Satellite Campus of Los Angeles Community 25 26 College District to provide funding for a one (1) year period, 27 effective July 1, 1994 and funding thereafter subject to renewal of 28 the Agreement; and .. 1 WHEREAS, the establishment of such a community college 2 extension campus will substantially benefit the residents and 3 businesses in the City of Vernon and provide benefits to the 4 Southeast region. 5 6 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: 7 SECTION 1: The City Council of the City of Vernon hereby 8 finds and determines that the recitals contained hereinabove are 9 true and correct. lO II l2 SECTION 2: The City Council of the City of Vernon hereby approves the Agreement for Satellite Campus of Los Angeles community College District, a copy of which has been presented to the City Council concurrently with this resolution, and the City Council l3 l4 hereby orders said Agreement to be received and filed by the City l5 Clerk. l6 SECTION 3: The City Council of the City of Vernon hereby l7 authorizes the Mayor and the city Clerk to execute said Agreement l8 for, and on behalf of, the City of Vernon. 19 SECTION 4: The City Clerk of the City of Vernon shall 20 certify to the passage of this resolution, and thereupon and 2l thereafter the same shall be in full force and effect. 22 23 24 25 26 AT/? 27 BRUCE V. 28 APPROVED AND ADOPTED this 21st day of June, 1994. \ ~. _A ~ ',~~'" / '-(.,(.1/ . - L~ONIS c. ~May r /hl~ MALKENHORST, City Clerk -2- .. ... ~ 1 STATE OF CALIFORNIA ) )ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, ci ty Clerk of the ci ty of 2 3 4 Vernon, do hereby certify that the foregoing Resolution, being 5 Resolution No. 6464, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, June 21, 1994, and thereafter was duly signed by the Mayor 6 7 8 of the City of Vernon. 9 lO II l2 (SEAL) l3 l4 l5 l6 l7 l8 19 20 2l 22 23 24 25 26 27 28 -3- ., . -.. ~..:=:=:::=:.=.~ .' ~ / sri "EXECUTION COpy" 1 2 AGREEMENT FOR SATELLITE CAMPUS-OF LOS ANGELES COMMUNITY COLLEGE DISTRICT 3 4 THIS AGREEMENT is made and entered into this 1st day of July, 1994, by and between the city of Bell, a California 5 6 municipal corporation._("Bell"), the City of Bell Gardens, a 7 - California municipal corporation ("Bell Gardenstf), the City of 8 Cudahy, a California municipal corporation ("Cudahy"), the City of Huntington park, a California municipal corporation ("Huntington' 9 lO Park"), the city of Maywood, a California municipal corporation II ("Maywood"), the city of South Gate, a California municipal l2 corporation ("South Gate"), and the City of Vernon, a California l3 municipal corporation ("Vernon"), referred to collectively as the l4 "cities", and Los Angeles Community College (LACC) District, l5 l6 referred to individually as "Party" and collectively as the "Parties." \ l7 RECITALS l8 19 There is no community college within the immediate A. 20 vicinity of cities. The residents of the cities often have to 2l travel several miles to attend a community college. 22 Cities desire to locate a community college facility B. 23 within the immediate vicinity of cities, so as to improve the 24 educational opportunities available to their residents and ----- 25 employees. 26 C. East Los Angeles College ("ELAC") of theLACC 27 District provides community college courses and programs for the 28 residents of greater East Los Angeles and in January, 1994 began " , ' " limited operation of a satellite campus in Huntington Park, improving the educational opportunities available to the residents and employees of the cities. D. Cities will assist ELAC in advertising its courses and programs, through announcements in community newsletters and by other means at the sole discretion of each city. E. Providing a quality education and improving access to educational facilities is a valid public purpose of cities and LACC District. F. Huntington Park has agreed to serve as the lead agency. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties agree as follows: SECTION 1. Obliqations of Huntinqton Park. Subject to the obligations of cities and LACC District set forth in this Agreement, Huntington Park shall do the following: A. Huntington Park shall lease approximately 14,000 square feet of classroom space in the building with the right to use common facilities on the property located at 2675 Zoe Avenue, Huntington Park (the "Site") effective July 1, 1994, with a termination date of June 30, 1995, and a right to renew the lease for at least one year. B. Huntington Park shall be responsible for quarterly lease payments on the site from July 1~ 1994 to June 30, 1995 and Huntington Park shall use the financial assistance provided by the cities pursuant to Section 2.A hereof solely for said lease -2- , . payments except for excess funds as provided in section 2.B hereof. SECTION 2. Obliqations of cities. subject to the obligations of Huntington Park and LACC District set forth in this Agreement, cities shall do the following: A. Each City, including Huntington Park, shall pay the financial assistance in trust to cover the lease payments on the subject property in the amounts set forth in Exhibit "A" attached hereto and made a part hereof by reference. The first quarterly payment is due on July 1, 1994 and quarterly payments shall be remitted by each City in the form and to the payee designated by Huntington Park. The checks from each City shall be mailed or delivered as follows: City of Huntington Park Attention: Director of Community Development City of Huntington Park Finance Department 6550 Miles Avenue Huntington Park, CA90255. B. Any amounts paid by the Cities in excess of the lease payments shall be placed in a reserve fund to be used as the Steering Committee shall direct. Each City shall notify Huntington Park if payments are being made from a community Development Block Grant ("CDBG"), and no CDBG funds shall be placed in the reserve fund. SECTION 3. Obliqations of LACC District. SUbject to the obligations of Cities and Huntington Park set forth in this Agreement, LACC District shall do the following: A. LACC District shall have ELAC commence full operation of the satellite campus at the Site on July 1, 1994. -3- B. The satellite campus shall be operated sUbstantially in accordance with the "White Paper: East Los Angeles College Extension" prepared by Tierra Concepts and dated November 9, 1993. C. Courses to be offered will typically include vocational training, English as a Second Language, child development, basic reading and writing, and academic courses acceptable for transfer to four year universities. A minimum of 35 classes will be available. SECTION 4. Joint Obliqations. For the entire term of this Agreement the cities and LACC District shall maintain a steering Committee, consisting of one voting representative from each City, one voting representative from LACC District, and one non-voting representative appointed by each of the elected members from the 33rd Congressional District, the 26th state Senatorial District, the 50th State Assembly District, and the 1st Supervisorial District of the County of Los Angeles. The committee shall meet as needed, at a mutually agreed upon time, date, and place. The purpose of the committee will be to give the representatives maximum possible input as to the operation of the satellite campus and the classes offered at the Site. The representatives shall reasonably cooperate in good faith with ELAC to insure the effective operation of the Committee. All actions of the steering Committee shall require approval by a two-thirds vote of the representatives of those Parties which are not in default under this Agreement. SECTION 5. Term of Aqreement. This Agreement shall remain in full force and effect until June 30, 1995, and may be renewed on an annual basis by the -4- written consent of the Parties, or any of them, subject to any necessary revision to Exhibit A. SECTION 6. Indemnification. LACC District shall indemnify, defend and hold the cities, their City Councils, boards, and commissions, officers, agents, and employees harmless from and against all liability, loss, damage, costs, or expenses (including attorneys' fees and court costs) arising from or as a result of the death of any person or any accident, injury, loss, or damage whatsoever caused to any person or to the property of any person which occurs on or adjacent to the Site or as a result of this Agreement. SECTION 7. Notices. Any notices to be given under this Agreement shall be sent in a sealed envelope with postage prepaid via United states regular, certified or registered mail. Notices shall be addressed. as follows: A. To each of the cities: city of Bell Attention: Chief Administrative Officer 6330 Pine Avenue Bell, California 90201 City of Bell Gardens Attention: Chief Administrative Officer 7100 South Garfield Avenue Bell Gardens, California 90201 City of Cudahy Attention: Chief Administrative Officer 5220 Santa Ana Street Cudahy, California 90201 City of Huntington Park Attention: Chief Administrative Officer 6550 Miles Avenue Huntington Park, California 90255 -5- City of Maywood Attention: Chief Administrative Officer 4319 E. Slauson Avenue Maywood, California 90270 City of South Gate Attention: City Manager 86650 California Avenue South Gate, California 90280 City of Vernon Attention: City Administrator 4305 Santa Fe Avenue Vernon, California 90058 B. To LACC District: East Los Angeles College Office of the President 1301 Avenida Cesar Chavez Monterey Park, CA 91754 C. Any party may designate in writing another place for such notice. SECTION 8. Assiqnment. The services as contained herein shall be rendered by LACC District through ELAC, and LACC District shall not assign or transfer any interest in this Agreement without the prior written consent of each of the Cities. SECTION 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 from 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 breadth, such covenant, condition or other provision shall be -6- deemed valid to the extent permitted by law. SECTION 10. Interpretation. No provision of this Agreement is to be interpreted for or against either party because that party or that party's legal representative drafted such provision, but this Agreement is to be construed as if it were drafted by the Parties hereto. SECTION 11. 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 unless made in the form of a written amendment of this Agreement formally approved and executed by the Parties. SECTION 12. Waiver. No breach of any provision thereof can be waived unless in writing. waiver of anyone breach of any provision shall not be deemed to be a waiver of any other breach of the same or any other provision hereof. SECTION 13. Chanqes. The cities may request changes in the scope of the services of ELAC to be performed hereunder. Such changes which are mutually agreed upon by and between the cities and ELAC shall be incorporated in written amendments to this Agreement. SECTION 14. Compliance with Federal and Local Requirements. The Parties are subject to all applicable Federal, State, and local laws, including regulations and directives pertaining to the CDBG Program when CDBG funds are a funding source for -7- financial assistance. The appropriate Federal, state and local requirements shall include but not be limited to the provisions detailed on Exhibit "B" of this Agreement. IN WITNESS WHEREOF, such party has executed this Agreement as of the day and year first above written. DATE OF EXECUTION: CITY OF BELL, a muni ipal corporation ~~1 .:L~I , /q1Lf By ~ city Clerk ~~~J~ OF EXECUTION: CITY OF BELL GARDENS a municipal corporation By: 4QM/~d O~~ Frank B. Duran, Mayor DATE OF EXECUTION: CITY OF CUDAHY, a municipal corporatio -r ~~ By: ~, PROV ~~ AS T~RM: ; J I U I. "-,6(~ ~-,/ ~,-, ~ C) \ -8- /, , 'J6n~ '6, 19,94. DATE OF EXECUTION: By: DATE OF EXECUTION: June 28 A APPROVED AS TO FORM: DATE OF EXECUTION: ~ ,;17.. I tJ:Lcf CITY OF SOUTH GATE, a municipal corporation By: lQ.Qbo-T~LP Albert Robles, Mayor Nina Banuelos, City Cler A~~~/JI~ DATE OF EXECUTION: CITY OF VERNON, a municipal corporation By: Leonis C. Malburg, Mayor A TIEST: Bruce V. Malkenhorst, City Clerk APPROVED AS TO FORM: r"'~..o...>.._~..~..,..--. H >T....... t.~ .._, .. 2 DATE OF EXECUTION: ~~ 'J1J 11f( CITY OF SOUTH GATE, a municipal corporation 1 3 By: (1Lt..>~k~ Albert Robles, Mayor 5 4 ATTEST: 6 : ~~;u;~~ $~~ 9 lO II DATE OF EXECUTION: CITY OF VERNON, a municipal corporation l2 ~: ~LJ'n~~, eoi1is C. Malbut9, MayoT l3 // l4 ATT/L- /~~~ l5 Bruce V. Malkenhorst, City Clerk t5 ~c? 7-?Y l6 APPROVED AS TO FORM: l7 Dd b( D l8 David B. Brearley, 19 20 2l 22 23 24 ATTEST: 25 26 Title: 27 28 LOS ANGELES COMMUNITY COLLEGE DISTRr) By: ~~ ~\ Title: fJDNTTCAC-7'C ~(f..i): ~IA-rofL- -10- EXHIBIT A SCHEDULE OF FINANCIAL ASSISTANCE PAYMENTS BELL $12,000 PER YEAR BELL GARDENS $18,000, PER YEAR CUDAHY $ 6,000 PER YEAR HUNTINGTON PARK $36,000 PER YEAR MAYWOOD $12,000 PER YEAR SOUTH GATE $12,000 PER YEAR VERNON $24,000 PER YEAR A-1 EXHIBIT A EXHIBIT B 1. COMPLIANCE WITH LAWS. The Parties agree 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-110, 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. LACC District and Huntington Park shall make available for inspection and audit to the authorized representatives of the Parties, the County of Los Angeles and HUD, or any of them, 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 operation of the project which is funded in whole, or in part, with Federal grant monies. 3. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Agreement, LACC District agrees as follows: a. LACC District and ELAC will not discriminate against any employee or applicant for employment because of race, creed, sex, color or national origin. Each will take affirmative action to ensure that applicants are 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 payor other forms of compensation; and selection for training, including apprenticeship. b. LAce District and ELAC will, in all solicitation or advertisements for employees placed by or on behalf of ELAC, state that all qualified applicants will receive consideration for employment without regard to race, creed, sex, color or national origin. c. LAce District and ELAC will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. EXHIBIT B d. LACC District and ELAC will comply with all provisions of Executive Order 11246 of September 24,1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. LACC District and ELAC will furnish all information and reports required by Executive Order 11246 of september 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its 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 non-compliance by LACC District or ELAC with the equal opportunity clauses of the Agreement or with any such rules, regulations and orders, this Agreement may be canceled, terminated, or suspended in whole or in part, and each 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 rules, regulations, or order of the Secretary of Labor, or as otherwise provided by law. g. LACC District and ELAC will include the provisions of paragraph (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. Each will take such actions 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 either becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such directions by the cities, LACC District and/or ELAC may request the United states to enter into such litigation to protect the interest of the United states. 4. CIVIL RIGHTS ACT OF 1964. Under Title VI of the civil Rights Act of 1964, no person shall, on the grounds of race, creed, sex, color or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 5. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. No person in the united states shall, on the grounds of race, creed, color, national origin, or sex be excluded from 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. B-2 . 6. AGE DISCRIMINATION ACT OF 1974 AND REHABILITATION ACT OF 1973. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, or with respect to an otherwise qualified handicapped individual, as provided in section 504 of the Rehabilitation Act of 1973, shall also apply to any such program or activity. 7. "SECTION 3" COMPLIANCE IN THE PROVISION OF TRAINING, EMPLOYMENT AND BUSINESS OPPORTUNITIES. LACC District and ELAC shall take all necessary action to assure compliance with Section 3 of the Housing and Urban Development Act of 1968. section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. 8. CONFLICT OF INTEREST. LACC District and ELAC, their agents, officers and employees shall comply with all applicable Federal, State and County laws and regulations governing conflict of interest. 9. MONITORING AND ASSESSMENT. The ongoing assessment and monitoring of this Agreement is the responsibility of cities. Authorized representatives of the Parties, County of Los Angeles and HUD, or any of them, shall have the right of access to all activities and facilities operated by Huntington Park and LACC District under this Agreement. Facilities shall include all files, records, and other documents related to the performance of this Agreement. 10. LOBBYING CERTIFICATION. LACC District and ELAC certify that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of LACC District or ELAC, 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 of Congress, an officer of employee of Congress, or an B-3 ~ . i>_. ..'W .. "'... # employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, LACC District or ELAC shall complet,e and submit standard Form-LLL, "Disclosures Form to Report Lobbying", in accordance with its instructions. (c) LACC District and ELAC shall require that the language of this certification be included in all subcontracts and that all subcontractors shall certify and disclose accordingly. B-4