HomeMy WebLinkAboutResolution 6758 N.C.S. 12/02/1974 ] Resoluti No' 758 N; "C. S. MLH : mi 1242 74
xi T VE AND ALTERNATE TO THE. WATER: CON
"RESOLUTLON APPOINTING RF,P.RESEN.TAII
TRAC '''S; S
TRACTOR TOR ADVISORY COMMIT^lEE,. SONOMA COUIQTY PATER AGENCY.
oF
OR:IGIINAt
INTRODUCED
• Y COUNCILMAN UCED B and
SECONDED BY COUNCILMAN at a
Regular Meeting of the City Council of the.
City of Petaluma on the 2nd day of D.e_cembe - ,19 :; 74.,
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BE. IT' RESOLVED that David A. - Young' be, and he is •
hereby.- appointed as .the City of .Petaluma' s 'represeritative to the
y County • Water. 'Contractor's. AdVisor- Committee,- Sorioma Count . Water Agency.. `.
BE. IT . FURTHER RES'OLVED that Thomas. J Wilson • be
� and he is
hereby appointed as the C:ity'-s'. alternate to said Committee.
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• under the power and authority conferred upon this Council by the 'Charter of said City. .
I' hereby certify that -the foregoing ,Resolution- was duly -and regulary and
adopted' by "the Council of the City of Petaluma 'on the 2nd : -
da.
December
, . _ 19:- � � - � - - -, by the following votes:' :
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AYES : COUNCILMEN HARBERSON, MATTEI, PERRY, MAYOR PUTNAM`- • :
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NOES: NONE . •
,,. ABSENT
COUNCILMEN•_BRUNNER, CAVANAGH, DAILY
ATTEST: %L.�. adL���� a 1�.� f
• ' / Ci ' lerk - • Mayor
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CITY OF.PETALQN0
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The City of Petaluma (hereinafter.referred to as the
"Recipient") HEREBY. AGREES THAT as a Condition to receiv-
ing any Federal financial assistance from the California
Department of Transportation, acting for the U. S. Department
of Transportation it will comply,with Title VI of the Civil
Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C.
200,0d-4 (hereinafter referred to as the Act), and all require-
ments 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 - Effec-
tuation of Title VI of the Civil Rights Act of 1964 (hereinafter '
referred to the Regulations), the Federal-aid-Highway Act of
1973, and other pertinent directiVes, to the end that in accord-
ance with. the Act, regulations, and other pertinent directives,
no person in the United States shall, on the grounds of race,
color, sex or national origin, be excluded from participation
in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity,for which the
Recipient receives Federal financial assistance from the Federal
• Department of Transportation, HEREBY GIVES ASSURANCE. THAT it will
promptly take any-measures necessary to effectuate this agree-
ment. This assurance is required by tubsectiOn 21.7(a) (1)
of the Regulations, a copy of which is attached.
More specifically and without limiting the above general as-
• surance, the Recipient hereby gives the following specific
• assurances with. respect to its Federal-aid Program:
1. That the Recipientagreet that each "program" and
each "facility" as defined in subsections' 21.23, (e) and 21.23
(b) of the Regulations, will be (with re4ard to a "program"
conducted, or will be (ith regard to a "facility") operated
in compliance with'all requirements imposed by, or pUrsuant
the Regulations.
2. That the Recipient shall insert the following notifi-
cation in all sOlicitatiOn for bids for iiiork or material subject
to the Regulations made in Connection with the Federal-aid Pro-
gram and, in adapted form in all proposals for negotiated
agreements:
The City of Petaluma or 'Other approved -Contracting
authority hereby notifies all bidders' that it will
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affirmatively insure that in any contract, entered
into pursuant to this advertisement, minority busi-
ness.enterprises will be afforded.full opportunity
to submit bids in response to, this invitation and
will not be discriminated against or the grounds of
race, color, sex or national. origin in considera-
tion for an award.
3: That.the _Recipient shall insert the clauses of Appen-
dix A of this assurance in every contract subject to the Act
and the Regulations.'
4. That the Clauses of Appendix B of this assurance shall
be included as :a covenant running with the land, in deed
from the United States effecting a transfer of real property,
structures, or improvements thereon, or interest therein.
5. That where-the Recipient receives Federal financial
assistance to construct a facility, or part of a facility,
the ass;urance 'shall , extend to the entire facility and faci-
lities operated in connection therewith.
6. That where the Recipient 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 the Recipient shall include the appropriate clauses;
set forth in Appendix C of this assurance,, as a conversant run-
ning with the land, in any future deeds, leases, permits li-
censes, and similar a greements: entered into by the Recipient
with other parties: Ca) for the subsequent transfer of real
property acquired improved under the 'Federal -aid Program;
and (b) for the construction or use of or access to space on,
over, or under real property acquired; or_ improved under the
Federal-aid Program -.
8. That this assurance obligates the Recipient 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 or interest therein or structures or improvements there=-
on, .in which case the assurance obligates the Recipient or any
transferee for the longer of the following periods: (a) the
period during Which the property is used for a, purpose for
which .the Federal financial assistance is extended, or for an-
other purpose involving the provision of similar services or
benefits; or (b) the period during which, the Recipient retains
ownership or possession of the property,.
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• 9. The Recipient shall provide for such methods of
administration'for the program aS are found by the U. S.
Secretary of Transportation, or the official to whom.he
• delegates specific authority, to give reasonable guarantee
that it, other recipients, subgrantees, contractors, sub-
contractors, transferees, successors in interest, and other
participants of Federal financial assistance under such program
will comply with all requirements imposed by, or pursuant to,
the Act, the Regulations and this assurance.
10. • The Recipient 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 Act, the Regula-
tions, and this assurance.
THIS ASSURANCE is, given in consideration of and for the purpose
of obtaining any and all Federal grants, loans, contracts, pro7,,
perty, discounts, or other Federal financial assistance extended
after the date hereof to the Recipient by the California De-
partment of TransPortation, acting for the U. S. Department of
Transportation, and is binding on it, other recipients, sub-
grantees,-contractors, subcontractors, transferees, successors •
in interest and other participants in the Federal-aid Highway
Program. • The person or persons whose signatures appear below
are authorized to sign this assurance �n behalf of the Recipi-
ent.
Date: DEC 2 1974
S
1.0■
Tar
(signature)
MAYOR
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• APPENDIX
During the performance of this contract, the contractor, for
itself, its assignees and successors in interest (hereinafter
referred to as the 'contractor ") agrees as follows:
(1) Compliance with Regulations: The contractor shall
comply with the Regulations relative to nondiscrimination in
Federally- assisted,programs of the Department of Transporta-
tion, Title 49, Code of Federal Regulations, Part 21, as they
may be amended from time to time (hereinafter referred to as
the Regulations), which are herein incorporated by reference
and made a part of.this contract.
(.2) Nondiscrimination: The contractor, with regard to
the work performed by it during the contract, shall not dis-
criminate on the grounds of race, color, or national origin
in the selection,and retention of_ subcontractors,. including
procurements of materials and leases of equipment. The con-
tractor shall not participate either directly or indirectly in
the discrimination 'prohibited by section 21,.5 of the Regula-
tions, including employment practices ` when the contract covers
a program set forth in Appendix "B" of the Regulations.
(3) Solicitations' for Subcontracts, Including Procure-
ments of Materials.azid' Equipment: In all solicitations either
by competitive bidding or negotiations made by the contractor
for work to be'performed under a subcontract, including pro -
curements of materialsor leases of equipment, each potential
subcontractor or supplier shall be no;tified.by the contractor
of the contractor's obligations under thi contract and the
Regulations relative to nondiscrimination on the grounds of
race, color, or national origin.
(4) Information and Reports: The contractor shall pro-
vide all information and reports required by the Regulations,
or directives i;ssued:,pursuant thereto., and-shall permit access
to its books, records, accounts, other sources of information,
and its facilities as may be determined by the, City of Petaluma,
State highway department or the Federal Highway Administration
to be pertinent.to ascertain compliance with such Regulations
or directives: Where any information required of a contractor
is in, the exclusive possession of another who fails or refuses
to furnish this information, the contractor shall so certify
to the State highway department, or the Federal Highway Admin-
istration as appropriate, and shall set forth what efforts it
has made to obtain the information.
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Appendix "A"
(5) Sanctions' for Noncomplianc_,e in the, event of the
contractor's noncompliance with the nondiscrimination pro-
visions of this. contract, the City- of ;Petaluma of the State
highway department shall impose such contract sanctions as
it, or the Federal Highway Administration may determine to be
appropriate, including, but not,aimited to:
(a) withholding of payments to the contractor under
the contract until the contractor complies,. and/or
(b) cancellation, termination or suspension of the
contract, in whole or in part.
(6) Incorporation of Provisions: The contractor shall
include the provisions of'paragraphs (1) through (6) in every
subcontract, including procurements Of materials and leases
of equipment, unless exempt by the Regulations, or directives
issued pursuant thereto. The contractor shall take such action
with respect to any subcontract or procurement as the State
highway department or the Federal Highway Administration may
direct as a means - Of' enforcing such provisions including sanc-
tions for non - compliance: Provided, however, that, in the
event a contractor becomes involved in., or is threatened with,
litigation with, a' subcontractor or supplier as a, result of such
direction, the'- contractor may request the State highway depart-
ment to enter-into such : litigation to .,protect the interests of
the State, and,,, in addition, the contractor may request the
United States to enter into such litigation to protect the
interests of the United States.
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APPENDIX °!' '
The following clauses shall be included in any and all deeds
effecting or recording the transfer of real property, struc-
tures or improvements thereon, or interest therein from the
United States.
(GRANTING CLAUSE::)
NOW, THEREFORE, the Department of Transportation, as
authorized by law, and upon the condition that the City of
Petaluma will acce , 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 De-
partment of Transportation and, also.in,.accordance with and
in compliance with all requirements imposed by or pursuant to
Title 49, Code of'Federal Regulations, Department of Transpor-
tation, Subtitle .A; Office of the Secretary, Part 21, Nondis-
crimination in' assisted programs of the Department of
Transportation (hereinafter referred to as the Regulations)
pertaining to and effectuating the provisions of Title VI of
the Civil Rights. Act of 1964 (78 Stat. 25'2,; 42 U.S.C. 2000d
to 2000d -4), does hereby remise, release, quitclaim and convey
unto the City of Petaluma all the right, title and interest of
the 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
the City of Petaluma, and its successors forever, subject, how-
ever, to the covenant, conditions, 'restrictions and reserva-
tions 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 simi-
lar services or benefits and shall be binding on the City of
Petaluma, its successors and assigns.
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Agh
Appendix "B"
The City of Petaluma in consideration of the . conveyance of
said lands and :in'terests in lands, does hereby covenant and
agree as a covenant running with the land' for itself, its
successors and assigns, that (1) no person shall on the
grounds of race, color, or national origin, be excluded .
from participa;tion be denied the benefits of, or be
otherwise sub
to d with regard to any
facility located wholly or in part on, over or under such
lands hereby. conveyed E,1 [and':]* (2) that the City of
Petaluma; 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, De-
partment 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, and as said
Regulations . may; be amended [,] and (3) that in the event of
breach of any of the above - mentioned nondiscrimination con -
ditions, the. Department shall have a ri 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 Department of Transpor-
tation and its assigns as such interest existed prior to this
deed.*
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*Reverter clause and related language to be used only when it
is determined that such a clause is necessary in order to
effectiate the purposes of Title VI of the" Civil Rights Act
of 1964.
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APPENDIX "Z
The following clauses shall be included in an deeds, licenses,
leases, permits`, or similar instruments entered into by the
City of Petaluma, pursuant to the provisions of Assurance 7(a).
The (grantee, licensee, lessee, permittee, etc., as appropriate)
for himself, his heirs, personal, representatives, successors
in interest, and assi; ns as a part of the consideration hereof,
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does hereby covenant and agree [in the case of deeds and leases
add "as a 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 Department of Trans -
portation program or' activity is extended or for another purpose
involving the provision of similar sery ices 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, Department of Transportation, Subtitle A, Office
of the Secretary, Part 21, Nondiscrimination in Federally -
assisted programs of the Department of Transportation - Eff'ectu-
ation of Title 'VI' of the Civil Rights Act of 1964', and as said
Regulations may be amended.
[Include in licensee, leases, permits, etc.]*
That in the event of breach of any of the ab'ove nondiscrimina-
tion covenants, the, City of Petaluma, 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 dee'de.] * .
That in the' event of breach of any of the, above nondiscrimina-
tion covenants, the City of Petaluma, :shall have the right to
re -enter said lands facilities thereon,, and, the above de-
scribed lands and facilities shall thereupon revert to and vest
in and become the absolute property-of the City of Petaluma and
its assigns.
* ` Reve,'rter- 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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Appendix "C"
The following shall be. included in all deeds, licenses, leases,
permits, or similar agreements entered into by the City of
Petaluma, pursuant to the provisions of Assurance- 7 (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, or national origin shall be excluded from
participation in denied the benefits of, 'or be otherwise sub -
jected 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, or national origin,_ shall be ex-
cluded from participation in, denied the benefits of, or other-
wise be subjected-to discrimination, (.3) that the (grantee,
licensee, lessee, .'permittee, etc.) shall use the premises in
compliance with`all other requirements imposed by or pursuant
to Title 49, Code of Federal Regulations, 'Department of Trans-
portation, Subtitle A, Office of the Secretary, Part. 21, Non -
discrimination 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
convenants, the City of Petaluma, shall have the right to ter -
minate the [license, lease, permit, etc..] and to re -enter and re-
possess 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, the City of Petaluma, 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 the City of Petaluma, 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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