HomeMy WebLinkAboutAnaheim - Garden Grove - Santa Ana - 1975-12-08�e
April 14, 1976
Mr. Robert 0. Franks
.deputy City Attorney
City of Alfa leim
Post Office Br� 3222
Anaheim, California 92803
AGUBMENT FOR GBOCODED DATA VASE
'Enclosed are two fully executed copies of the subject agreement.
One copy is for transmittal to the U.S. department of Itonsing
and Urban Devolopm,ent by yoar city as the "lead" agency.
I am mailing one copy each to the City Clerks of Garden Grove
and H ntington Beach, and retaining one copy fox our file.
Please call 834-4906 if we may be of further assistance to y%su.
FLOUNCE I. MALONE
CLERK OF THE COUNCIL
By:_
PepU 'Lark of t e , IUM
Enclosures
cc: Garden. Grove
tington I.leach
r
AQ
RESOLUTION NO. 4167
A RESOLUTION OF THE CITY r'(,UNCII. (!F THE CITY
OF HUNTIPGTON BEACH A`TH01iIZING EXECUTION OF
A JOIN': F JWERS AGREEMENT REGARDING A GEOCODED
DATA BASE; :,YSTEM
WHEREAS, pursuant to City Coun,.il RF•solut-ion No. 4102
(7-7--75), the City Council of the City of Huntington Beach
approved and authorized execution of a joint powers agreement
by and between the City of Huntington Beach, City of Anaheim,
CiLy of Garden Grove, and City -f Tanta Ana, for the development
and promotion of a geocoded data base system; and
Subsequent to that arproval, the City of Santa Ana requested
certain changes to the agreement; and
These changes have been discussed among the parties and
agreed to; and
It has been agreed that a new agreement shall be executed
to include the principal change reflected in section 7.3 of
the proposed agreement,
NOW, THEkEF'ORE, the City Council of the City of Huntington
Beach does hereby repeal the agreement approved pursuant to
Resolution No. 410P and approve and authorize execution of
the agreement attached hareto.
PASSED APD ADOP <<-) by the City Couno.il of the City of
adjourned
Huntington Beach at an meeting thereof held on the 8th
day of December, 197li.
ATTEST:
City Clerk
APPROVED AS TO CONTENT:
City Administrator
MHM:er
01P
APPROVED AS TO FORM:
Gi y Attorney�
Re o.41b7
" STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as:
CITY OF HUNI'INGTON BEACH
c
I, ALICIA M. WENT'WORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-offici.o Clerk of the
City Council of sai,' City, do hereby certify that the whole number of
members of the City Council of the City of Huntingt.on Beach is seven;
that the fore+goiag r.soluti.on was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular adjourned meeting thereof held on the 8th day
of Decet.iber 19 75 , by the following vote:
AYES: Ccuncilmen:
P.artlett, Wieder, Coen, Matney, Sh gle;. Duke, r2ibb.9
NOES: Councilmen:
None
ABSENTCouncilmen
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
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A G R E -B tI B N T
THIS AGREEMENT is made and entered into this 23rd day
of March , 1976, by and between the
CITY OF A1dMEI14, a zanicipul corporation,
here.i.nafter referred to as "ANAHEIM" I
the CITY OF GARDEN GROVE, a municipal corporation,
hereinafter rate red to as "GARDEN GROVE'";
the CITY Or HUNT111GTON BEACIi, a raunicipal -c. r.,poratrion„
be--einafter referral to ao "HUN7.`INGTON BEACH"?
and the CITY OF SANTA A.NA, a municipal corporation,
hereinafter referred to as "SANTA ANA". Co1.lectivcly,
the Cities are referred to as the "Parties".
W I T N B S S B T H:
WHERLAS, t ho UnitedStatesDepartsmrnt of Housing a;-rd
Urban Development has, under they Comp;:ehen:rive Planning Assistanco
1'roc;r'art (IIUll 'L'ojact No. CPA-CA-09--16-1.069) granted 1�14AIIBIK the
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atrn of One IIundread I?ifLy Thousand Dollar:m (�150,000) for the
pUrpoco of developing a systern Icnotqn* am the Geocoded Data Ba5c!
and
WHEREAS, the I?vrtic9 alit icipato that ot:hox: grunts andfo:_
contract o from the. United S`catcr3 Department of Housing •,und Urb-Da
Development will be made available to the p.7;1. tiers ho eto in the
future in o.rdar to finance, in z-,,hole or. in :art, tho developns:ta':
and implementation of the said nystcm? and
6+ITIEREAS e (:he Parties Oarsire to develop and particirpntc>
in said svotemr and
YIIiF312L.t' S O the Parties have determined that the
.cooperative development of :such a ayst.cra will ps:orrIote. Gfficioric"
by ol.:tmi.nating duplication ci� ct1'ortp and
1411 RBA"i, the Parties and the Department of Hourlirig wnci
Urbcw Davolopmr-nt- haves fus.-t her dot:cr+rainod that the fttt:d�s, pa:ovi.c��<i
now and thoac fundri which may be provided in the iuturc by sc nl i
grcnt nnO ftiturc gram^, cr.. r )Dort ba ed.tltinistered by tAlce Parti.<<o
by cntcriitg into a jainfi: p. :ra opernt.incl agreariernt with rii4t\
acting au t:ha "load" ar3onc:y j and
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WHEREAS, Title 1, Division 7, Chapter 5, commc,hcing
with Section 6500 of the California Government Code, provide
for the Joint Exercise of Powers by local governmental entities;
and
WHEREAS, the grant for said Geocoded Data Base system
has been made on the basis of two-thirds of the cost of said
system being financed by the _Department of Housing and Urban
Development, and one-third being financed by the Parties; and
WHEREAS, the Parties desire to enter 4.nto an agreement
to provide for ii, kind contributions of staff and other City
resources as their one-third contributio:i; and
WHEREAS, the said Geocoded Data Base system will serve
and be of benefit to the Parties.
NOW, 'THEREFORE, FOR A14D IN CONSIDERATION OF TIlE r1UTUAL
PROMISES, COVENANTS AND CONDITIONS, THE PARTIES IIERT'TO AGREE AS
FOLLOWS
1. PURPOSE
a• •" ;
2.
1.1 The purpose of this agreement is to provide fox zhe
joint development and participation in an M, I.S.
Geocoded Base File Project (her:einaftor referred to
as the "Project") by the Parties in connection with
a grant from the.United States Department of Housing
acid Urban Development (hereinafter referred to as
"MUD"), Project Number CPA-CA-09-16-1069. Such
purpose w ill be accomplished in Lhe manner herein-
after set forth.
ADMINISTRATION OF AGREE'• i1 ITT
2.1 ANAIEIM is hereby designated, pursuant to Government
Code Section 6506, as the party to be the admini.stra--
tive and fiscal agency in dealing with HUD, to
.exercise the common powers provided for 'in this
Agreement, and to administer ster or othe? ivi e execute,
thin Agreement..
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3. 1,MNAGEMENT_POLICY BOARD
3.1
As a means of securing effective cooperation and
interchange of information and of providing
consultation on a prompt and orderly basis among
the Parties in connection with various adminis-
trative matters which may arise from time to
•tanie, the Parties hereby establish the Management
Policy Board. The Management Policy Board shall
consis'�- of the City Manager or an author.zed
representative of each of the Parties.
3.'2
'.'he Management Policy Board shall have the follow-
ing responsibilities, among others.
3.2.1 Conduct quarterly meetings for the
purpose of reviewing progress reports
from the Parties.
3:2.2 Provide liaison among the Parties and
between them and the Program Man er
with respect,to achieving progr
objectives and goals in a timely manner.
3.2.3 Call special meetings in ,order to
attempt to resolve disputes concerning
rights or obligations which are
submitted to. it by any Party.
4. PROGRA14 MANAGER
4.1
MIAHE114 shall select the Program Manager with
the concurrence of all other participating
Parties.
4.2
The duties and responsibilities of the Program
Manager shall include, but iiot be limited to,
.the following:
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4.?..l
Collect all required reports and
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supporting documentation from the
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Parties and promptly submit such
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rcnorts to the cognizant HUD offices.
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4.2.2
Make the necessary arrangements to
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obtain authorization for the Finance
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Director of Anaheim to disburse the
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appropriate grant shares to individual
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Parties.
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4.2.3
Collect and review all financial reports
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submitted by the Parties. In connection
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with such financial reports, the Program
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Manager shall maintain proper files and
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submit appropriate claims to the Finance
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Director of An7hc�im.
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Assist: the Finance Director. of Anaheim in
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t.ho preparation and submittal to HUD of
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the quarterly financial status reports,
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as required by Section 7, paragraphs 3 --
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29 of the HUD Handbook, and as such i-iand�-
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book may .be amended or superseded in the
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future.
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4.2.5
Send copies of each quarterly financial
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status report to all the Parties.
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4.2.6
Supervise the timely preparationof and
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submittal of reports and documents in
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connectionr with the identified first --year
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tasks as required by paragraph 101.1 of
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the approved grant application, and. as
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such application may be amended or
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r;uperscdcd in the future.
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4.2.7 Establish accounting procedures to
achieve rroject objectives.
4.2.8 Act on behalf of the Parties to
establish and maintain liaison with
HUD representatives in order to
implement the Project and achieve
its objectives..
4.3 The Program manager shall serve as such during
the term of this Pgreement unless he resigns
by giving written notice to the Parties at
least sixty (60) days in advance of the date of
resignation or is removed and replaced by a
majority of the members of the Management Policy
Board.
5.. DUT12S OF PARTIES
5.1 The Parties to this Agreement shall have the following
duties, among others;
5.1.1 Prepare Mor,aly Federal Grant Participation
Forms showing authorized personnel time and/
or material charges to the Project. Upon
obtaining approval. from its City Finance
Director, submit such forms to the Program
Mariager by the tenth day of each month.
5.1..2 •Prepare monthly progress ^eports for its
portion of the Project as defined in
Chapter 4, paragraph 4-4a of the IIUD
Handbook II, and as such IIandbook may be
amended or superseded in the future. Upon
approval by its Data Processing Manager,
such approved reports shall be submitted to
the Program Manager on or before the twenty-
first day of orch month, following, the.
reported quarter.
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5.1.3 Present a review of its progress to crate
at the quarterly meetings of the Management
Policy Board.
5.1.4 Upon request of the Program Manager, submit
specific reports and/or documentation
concerning the end product of each identified
task.
5.1.5 Exert its best efforts to achieve the program
objectives and goals in a timely manner.
6. FEDERAL GRANT PAR`PICIPATI011
6.1 It is the understanding of the Parties that HUD Grant
No. CPA-CA-09-16-1069, and as such Grant may be amended
or superseded in the future, provides .for two-thirds of
the cost of the Project to be financed by HUD and one-
third to be financed by. the Parties' contribution of
in -kind services. Services and Grant expenditures by
the Parties shall be performed in accordance with the
Application for Federal. Assistance Grant No.
CPA-CA-09-1.6-1069 for each current year.
6.2 ALL PARTIES shall share equally in the rights and
benefits derived from the Project, Rights and benefits
include, but are not limited to., the following:
- Systems analysis and design activities
- Tapes-(i.e. census and assessor tapes) and'
materials obtained by the project
- Documentation materials of the project
- Training programs for City personnel
- Organizational memberships
- Software systems developed by and for the project
- Specific elements designed for the project includinE
but not limited to, thc- following objectives
Housing; Area Dcvelopmc;nt Fire.Control
Income Open Space Police Protection
Population Sanitation Economi.:; Pppo»tuni -
Seismic Safety Transportation General GovernnlentFtl'
Systems, etc.
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6.3
The payment of any required administrative and
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general expenses in excess of the budgeted Grant
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funds shall be proportionately shared by the
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Parties. Any such expenses shall. be approved by
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unanimous consent of the Manamement Policy Board.
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Any surplus money paid pursuant to this Paragraph
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6.3 which is on hard after the completion of the
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purpose of this Agreement pursuant to Paragraph
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1.1 hereinabove shall be returned to the parties
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in proportion to the contributions mate,
11 7.
TERM
AND TERM 'INA` ION
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7� 1
This Agreement shall become effective when duly
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executed on behalf of all Parties and shall continue
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in effect until terminated in the manner prescribed
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below.
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7.'2
Any party desiring; to terminate its participation in
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the program outlined in this Agreement may do so by
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serving written notice upon the other Parties hcreto
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at .least thirty (30) days prior to termination. Such
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party so terminating participation shall be discharged
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from any further liabilities on the e!'ffective 'dG to of-
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termination and shall not be entitled to any further
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benefits accrued after the said date of termination.
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7.3
It is the understanding; of the Parties that this
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Agreement may continue beyond the end of the availa-
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bility of funds from the United States Department of
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Housing and Urban Development for the.Comprehensive
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Planning Assistance Program (IIUD Project No.
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CPA-rCA-09-16-1069) Irranted to Anaheim as the lead,
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a6enc,y. The Agreement shall be terminated by withdrawal
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of the Parties as so providefl J. parag;.raph 7.2 or upon
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the termination of IIUD Grant funds unless extender
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uu�� 4T `a1A�'�� xnrt'!i»w��1ax'%��... ':'a- (fit"' �'""."`'siri_u'GC%v9S''m'1°•uam��4i y n.lt^�'X�N^�'
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beyond the IiLiD Grant period by resolutions of the
governing bodies of the majority of th Parties hereto.
7.4 It is understood by all Parties that upon winding
up 'the M.I,S. Geocoded Base File Project and the
Agreement pursuant- to clause 7.3, that the rights
and benefits enumerated in paragraph 6.2 and any
other program components and data derived from the
use of HUD Grant Funds will be continued to be shared
equally as such information is related to the program
objectives of the Project. The payment of any
required administrative and general expenses in
excess of the budgeted Grant Funds shall be
proportionately shared by the participating Parties
during and following the winding -up phase of the
Project. Any such expenses shall be approved by the
unanimous consent of the Management Policy Board.
Any surplus money paid for the administrative and
general expenses of the Project i-ihich is on hand
after the termination and/or the completion of the
purpose of this Agreement pursuant- to paiatrraph 1.1
shall be returned to the Parties in proportion to
the contributions made.
8. DRFAULTS
8.1 If any Party defaults in any of the terms "and
conditions of this Agreement, then, within ten (10)
days after written notice has been given by any non -
defaulting Party to all other Parties of the existence
and nature of the default, the non -defaulting Parties
shall render the necessary performance in ratio t-) its
existing services pursuant to Section 6.1 to remedy
such default.
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8.2
Upon receipt of the notice of default as provided in
Section 8.1, the defaulting Party shall take all steps
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necessary to remedy such default as promptly and
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completely as 'coss:ible and shall respond upon demand
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to , (.-—defaultint; Parties the equivalent of. such
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se;--`P, : as they provided to remedy such default.
7
843
If aiy Party disputes an asserted obligation or demand
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by the Program Manager, then such Party may promptly
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submit such dispute to the Management Policy Board with
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a request for the Board to determine what remedies
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may be.reasonably necessary or required under the
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circumstances which Cave rise to the dispute.
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8.4
If a default by any Party in the performancc of any
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obligation under this Agreement which has not been
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submitted to the 14anagement Policy Board or ,judicial
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proceedings shall. continue for a period of three (3 )
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months or more without- having been remedied by the
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defaulting Party, or if such default cnntinucs for a
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period' of three (3) months fo1l.owing a determination
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by a majority of the Management Policy Board or
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judicial proccedjrigs that a default exists, then at
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any time thereafter and while said default is
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continuing, all the non—defaultinf; Parties may, by
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written notice, suspend end any or all of the rights of
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defaultin, Party under this Afreement.
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8.5
The rights anti remedies of the Parties, as set forth
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herein, are not exclusive. The Parties may seek
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such other r.eli.sf (in law or equity) as may be
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appropr_tato.
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9.
AISS-BIMME111`1'
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9.1
The rights and obligations, under this A,rcement may
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not be assigned or transferred without the writter.
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consent- of t;ie United States Department of Housing I
and Urban Development.
10. ATIENDMENT
10.1 Any amendment to this Agreement must be in writing
signed by all the parties hereto.
11. SUCCESSORS A14D ASSIGNS
11.1 Subject to the pro -visions of Paragraph 9.1 hereinabLje,
this Agredment shall be binding upon and shall inure to
the benefit of the parties hereto and their respective
successors and assigns.
12. IdO7'ICE
11.1 Any notices required, or desired to be gi•.en hereunder,
shall be deemed served if delivered either personally
to an officer of the party to be served; or by
depositing the same in the United States !sail, in a
sealed envelope with postage thereon prepaid, re';ist:ered
and addressed as follows:
City of Anaheim
204 East L:i.ncoln
Anaheim, California
Attention: City Clerk
City of Garden Grove
11391 Acacia Parkway
Garden Grove, California
Attention: City Clerk
City of Huntington leach
P.O. Box 3.90
Huntington Beach, California
Attention: City Clerk
City of Santa A,na
20 Civic (,enter Plaza
Santa Ana, Gali.for. nia
Attention: City, Clerk
13. SEVERABI.LITY
2
13.1 If any one or more
provisions.of this
Agreement are for
3
any reason held to be invalid,
all other provisions
shall remain
4
in full force and effect.
5
IN WITNESS WHEREOF,.this
Agreement is
executed by the
6
Parties hereto on the day and
year first hereinabove
written.
CITY OF ANAHEIM, a
municip
corporation,
,n
9' By
10 Attest.:
t ,r. Clerk i
r
"ANAHEIM"
= CITY'OP GARDEN GROVE, a muni.ci.pal
corporation
" By
6 Mayor
Attest:
17
18 City Clerk "GARDEN GROVE"
0110 i CITY OF HUNTINGTON 137',ACii, a
21 municipal corporation
22 By
May or `-
23 Attest:
?4I
f City Cleric "HUNTING`.PON BRACH"
25
26 1
CITY OF SAUTA ANA, a municipal_
27 corporation
28 By
29 f4ay r
IIAttest
r�neui�c 1 IAAI,1AIR
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AUTHORIZING EXECUTION OF
A JOINT POWERS AGREEMENT REGARDING A GEOCODED
DATA BASE SYSTEM
WHEREAS, pursuant to City Council Resolution No. 4102
(7-7-75), the City Council of the City of Huntington Beach
approved and authorized execution of a joint powers agreement
by and between the City of Huntington Beach, City of Anaheim,
City of Garden Grove, and City of Santa Ana, for the development
and promotion of a geocoded data base system; and
Sabsequent to that approval, the City of Tanta Ana requested
certain changes to the agreement; and
These changes have been discussed among the parties and
agreed to; and
It has been agreed that a new agreement shall be executed
to include the principal chane reflected in section 7.3 of
the proposed agreement,
NOW, THEREFORE, the City Council of the City of Huntington
Beach does hereby repeal the agreement approved pursuant to
Resolution No. 4102 and approve and authorize execution of
the agreement attached hereto.
PASSED AND ADOPTED by the City Council of the City cf
adjourned
Huntington Beach at an/regular meeting thereof held on the 8th
day of December, 1975.
ATTEST:
City Clerk
APPROVED AS TO CONTENT:
City Administrator
APPROVED AS TO FORM:
Cit Attorney m
y y
m Re , No.41b7
S'I'AT'E OF CALIFORNIA )
COMM OF ORANGE } ss:
CITY OF HUNTINGTON BEACH )
e
I, ALICI.A M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington F-tach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular adjourned meeting thereof held on the 8th day
of December , 19 75 , by the following vote:
AYES: Councilmen:
Bartlett Wieder, Coen, Matney, Shipley, Duke. Gibbg
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
The foregoing instrument is a correct copy
of the original Oct file in ibis office..
Attest .._ _.�....- .............:.......19 .7. -'..
_..._.ALICIA_M. W.ENTWOR_if9 ---..
City Clerk 'and Ex-otficio Clerk of the City
Counr l of the City n# ! j ntington Beaoh,Cal..
A
M
UIN
♦ II
C
1 13. SEVERAPILITY
P. 13.1 If any one or more proviz,-.ons of this Agreement are for
3 any reason held to be invalid, all other provisions shall remain
4 in Full force and effect.
5 Ili WITNESS WHEREOF, this Agreement is execLted by the
6 Parties hereto on the day and year first horeinabove written.
7 CITY OF ANAHEIM, a municipal
corporation
8
10 Attest:
11
City Clerk
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Attest:
17
18 City Clerk
19 <
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By
Mayor
"ANAHEIM"
CITY OF GARDEN GROVE, a municipal
corporation
By
Mayor
"GARDEN GROVE`
CITY OF HUNTINGTON BEACH, a
eMul�icipal corporation
23 At iAayor
24 I.
City Cleric
25 APPROVED A5 TO kOPiWZ
DON P. BONFA
26 Ci, Attoi-nuy
27
2 8 Ueputy-41-ty-
29
Attest:
30
31 City Clerk
32
ROF:jh
"HUNTINGTON DEACH"
CITY OF SAI4TA ANA, a municipal
corporation
By _
M: yor
—11»
"SANTA ANA"
b
Mz=
M
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13. SEVERABILITY
13.1 If any one or more provisions of this Agreement are for
any reason held to be invalid, all other provisions shall remain
in full force and effect.
IN WITNESS WHEREOF, this Agreement is executed by the
Parties hP eto on the day'-and.year first hereinabove written.
CITY OF ANAHEIM, a municipal
corporat'.on
Attest-:
City Clerk
V e
itrk
Approved: 10/28/75
By
Mayor
"ANAHEIM"
CITY OF GARDEN GROVE, a municipal
corporation
Mayor
"GARDEN GROVE"
20 CITY OF HUNTINGTON BEACH, a
21 municipal corporation
r
22 By
Mayor
23 Attest:
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City Clerk "HUNTINGTON BEACH"
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CITY OF SAI4TA ANA, a municipal
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Mayor
"SANTA ANA"