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HomeMy WebLinkAbout01781 - STATE TAHQUITZ PARK BOND ACT 80 GRANT • - S f ('.'dui nul - the Rev.a rc us A e, �"4 DEPARTMENT OF PARKS AND RECHE ATION State Dept of Parks & Rec -'80 PROJECT AGREEMENT Bond Act #80-33012 grant for Tahquitz Park CALIFORNIA PARKLANDS ACT OF 1R AGREEMENT #1781 Res 13764, 4-1-81 APPLICANT City if Palm Sprinj7,s PROJECT TITLE Tahquitz Regional Park PROJECT NUMBER 80_33012 i PROJECT PERFORMANCE PERIOD Date of Appropriation to June 301986 Under the terms and conditions of this agreement, the applicant agrees to complete the project as described in the project descnpt"on, and the State of California,acting through Its Director of Parks and Recreation pursuant to the California Parklands Act I of 19B0,agrees to fund the project up to the total state grant amount Indicated, {i PROJECT DESCRIPTION: .'archase of open space and park lands for the 7-ihquitz Regional Park. Total State Grant not to exceed $ 79,706.00 City of Palm Springs A toancan The General Provisions attached are made a part By , of and are incorporated into the Agreement. Signature of Authorized R presentative Title Cy Manager Date STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION By Title Date Date CERTIFICATION OF FUNDING CONTRACT NUMBER FUND lj - IA PARKLANDS FUND OF 1980 Project No. 80-3^C12 AMOUNT OF THIS ESTIMATE APPROPRIATION �79,7o6.00 _ UNENCUMBERED BALANCE ITEM CHAPTEH STAi UT 6S FISC�AR s I - i5 i _9' i 1 1981;82_ ADJ INCREASING ENCUMBRANCE FUNCTION S +379 _l0/ - 721 (c) 2 `i -- I ADJ DECREASING_ENCUMBRANCE LINE ITEM ALLOTMENT[ ) C`3'(l\J SJO r I I hereby certify upon my own personal knowladijo Ibet budgeted funds TB A No B R No are available for this encumbrance SIGNATURE OF ACCOUNTING OFFICER - DATE DPR 652 (11;801 CALIFORNIA PARKLANDS ACT OF 1980 1 253 Project Agreement Special Provisions General Provisions A. Definitions 1. The term "State"as used herein means the California State Department of Parks and Recreation. 2. The term "Act"as used herein means the California Parklands Act of 1980. 3. The term "Project"as used herein means the project which is described on page 1 of this agreement. 4. The term"Applicant"as used herein means the party described as applicant on page 1 of this agreement. B. Project Execution 1. Subject to the availability of grant moneys in the Act,the State hereby grants to the Applicant a sum of money (grant moneys) not to exceed the amount stated on page 1 in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the Description of Project on page 1 and under the terms and conditions set forth in this agreement. Applicant agrees to assume any obligation to furnish any additional funds that may be necessary to complete the project. Any modification or alteration in the project as set forth in the application on file with the State must be submitted to the State for approval. 2. The Applicant agrees to complete the Project in accordance with the time of project performance set forth on page 1, and under the terms and conditions of this agreement. 3. If the Project includes development, the development plans and specifications or Force Account Schedule shall be reviewed and approved by the State. 4. The Applicant shall secure completion of the development work in accordance with the approved development plans and specifications or Force Account Schedule. 5, The Applicant shall permit periodic site visits by the State to determine if development work is in accordance with the approved plans and specifications or Force Account Schedule,including a final inspection upon Project completion. 6. All significant deviations from the Project shall be submitted to the State for prior approval. 7 Applicant in acquiring real property, the eligible cost of which is to be reimbursed with grant moneys under this agreement, shall comply with Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code and any applicable federal, state, or local laws or ordinances Documentation of such compliance will be made available for review by the State upon request. 8. Applicant agrees to furnish State preliminary title reports respecting such real property or such other evidence of title which is determined to be sufficient by State. Applicant agrees in negotiated purchases to correct prior to or at the close of escrow any defects of title which in the opinion of State might interfere with the operation of the Project. In condemnation actions such title defects must be eliminated by the final judgment. C. Project Costs The Grant moneys to be provided Applicant under this agreement may be disbursed as follows: 1. If the Project includes acquisition of real property, the State may disburse to Applicant the grant moneys as follows, but not to exceed in any event the State grant amount set forth on page 1 of this agreement: a. When acquisition is through negotiated purchase,State may disburse the amount of the State approved purchase price together with State approved costs of acquisition. b. When acquisition is through proceedings in eminent domain, State may disburse the amount of the total award as provided for in the final order of condemnation together with State approved costs of acquisition. C. In the event Applicant abandons such eminent domain proceedings, Applicant agrees to bear all costs in connection therewith and that no grant moneys shall be disbursed for such costs. 2 0PR 653 (11180) 1 ?53 2. If the Project includes development, after approval by State of Applicant's plans and specifications or Force Account Schedule and after completion of the Project or any phase or unit thereof, State may disburse to Applicant upon receipt and approval by State of a statement of incurred costs from Applicant,the amount of such approved incurred costs shown on such statement, not to exceed the State grant amount set forth on page 1 of this agreement, or any remaining portion of such grant amount to the extent of such statement. State may disburse up to 100%of the State grant amount allo....ad for development upon receipt and approval by Stale of Applicant's plans and specifications or Force Account Sch:Mule. The statements to be submitted by Applicant shall set forth in detail the incurred or estimated cost of work performed or to be performed on development of the Project and whether performance will be by construction contract or by force account, Statements shall not be submitted more frequently than ninety day periods unless otherwise requested by State. Modifications of the development plan and schedule must be approved by State prior to any deviation from the State approved plan and schedule unless previously authorized by the State. D. Project Administration 1. The Applicant shall promptly submit such reports as the State may request. In any event Applicant shall provide State a report showing total final Project expenditures. 2. Property and facilities acquired or developed pursuant to this agreement shall be available for inspection by the State upon request. 3. The Applicant shall use any moneys advanced by the State under the terms of this agreement solely for the Project herein described 4. If grant moneys are advanced,the Applicant should place such moneys in a separate interest bearing account,setting up and identifying such account prior to the advance,interest earned on grant moneys shall be used on the project or paid to the State. If grant moneys are advanced and not expended,the unused portion of the grant shall be returned to the State within 60 days of completion of the Project or end of the Project performance period,whichever is earlier. S. Income earned by the Applicant from a State approved non-recreational use on a grant project shall be used for recreational purposes at the grant project, or, if approved by the State,for recreational purposes within the Applicants jurisdiction E. Project Termination 1. The Applicant may unilaterally rescind this agreement at any time prior to the commencement of the Project. After Project commencement this agreement may be rescinded,modified or amended by mutual agreement in writing. 2. Failure by the Applicant to comply with the terms of this agreement or any other agreement under the Act may be cause for suspension of all obligations of the State hereunder. 3. Failure of the Applicant to comply with the terms of this agreement shall not he cause for the suspension of ail obligations of the State hereunder If in the judgment of the State such failure was due to no fault of the Applicant. In such case, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this agreement. 4. Because the benefit to be derived by the State, from the full compliance by the Applicant with the terms of this agreement,is the preservation,protection and net increase in the quantity and quality of beaches,parks,public outdoor recreation facilities and historical resources available to the people of the State of California and because such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by way of grant moneys under the terms of this agreement, the Applicant agrees that payment by the Applicant to the State of an amount equal to the amount of the grant moneys disbursed under this agreement by the State would be inadequate compensation to the State for any breach by the Applicant of this agreement.The applicant further agrees therefore, that the appropriate remedy in the event of a breach by the Applicant of this agreement shall be the specific performance of this agreement. F. Hold Harmless 1. Applicant hereby waives all claims and recourse against the State including the right to contribution for loss or damage to persons or property arising from,growing out of or in any way connected with or incident to this agreement except claims arising from the concurrent or sole negligence of State,its officers,agents,and employees. 2. Applicant shall indemnify,hold harmless and defend State,its officers,agents and employees against any and all claims, demands, damages,costs,expenses or liability costs arising out of the acquisition,development,construction,operation or maintenance of the property described as the Project which claims, demands or causes of action arise under Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of State,its officers,agents,or employees. 3 3 In the event State is named as codefendant under the provisions of Government Code Section B95 at seq., the Applicant shall notify State of such fact and shall represent State in the legal action unless State undertakes to represent itself as codefendant in such legal action in which event State shall bear its own litigation casts,expenses,and attorney's fees. 4 In the event of judgment entered against State and Applicant because of the concurrent negligence of State and Applicant, their nrficers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment. G Financial Records 1 The Applicant shall maintain satisfactory financial accounts, documents and records for the Project and shall make them available to the State for auditing at reasonable times.Such accounts,documents and records shall be retained by the Applicant for three years following project termination or completion. During regular office hours each of the parties hereto and their duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the other party pertaining to this agreement or matters related thereto Applicatant shall maintain and make available for inspection by State accurate records of all of its costs,disbursements and receipts with respect to its activities under this agreement. 2 The Applicant may use any generally accepted accounting system. R. Use of Facilities 1. The property acquired or developed with grant moneys under this agreement shall be used by the Applicant only for the purpose for which the State Grant moneys were requested and no other use of the area shall be permitted except by specific act of the Legislature. 2. The Applicant agrees to maintain and operate the property acquired or developed for a period commensurate with the type of project and the proportion of State Grant funds and local funds allocated to the capital costs of the project. I, Nondiscrimination 1. The Applicant shall not discriminate against any person an the basis of sex, race, color, national origin, age, religion, ancestry, or physical handicap in the use of any property or facility acquired or developed pursuant to this agreement. 2. The Applicant shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law. 3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project agreement 4 - -1253 State be t marks & Rea rant agr to acquire por of SE4 of Sec 22 for Tahquitz Park A PA!: J's AGREEMENT #1692 it•t ,t !s. F;r ; rr. � tiim r., : ,'I.1 -St�..�.t }'� MO 2896, 2-4-81 1XahqujtZ. Canyon-Archeology_Distriet City-of ,Palm Springs. - _-..__�.-_...--..._. j' r, ; ,l 06-11473 I rir"f 10/1/80 - 4/15/82 Ycr lod Crmr, i ;n L>.,r ,•:,, , . 10 years i'.o : rr " ;,t . The acquisition of a portion of the southeast 1/4 of section 22, township 4 south, range 4 east, of the Tahquitz Canyon National Register Archeological District as described in Attachment A i ,t,l i,A• "Al. Arjeot;rnt Phase 77T 1'r•� t; i ,tS: .,k �r! I7d:r,-C Cto1"! t Co.:t (a:r ,tr;r�n in �___.-•_ -- 1'rr 1rc - r.nl) (i1 Ot: i'cdernl F'cmiinc' M., 900___ fr , J 1'srt ,r lh:,t tr,n• ' q'% of 11:1r, (2) cY SU;+ of ! 1,11 co:.; ;hir.',,ovcr 1; ';hc 1env;ar $ 24,f-450 - — - iit^ (( rn-q <on':(Stinp ci era ,',:1-111. a dirt of x' .: 7 :^,np ; sled inr-e thla Agrecticur . I APPRO`I'ED BY THE CITY COUNCIL BY RI- NO. d X"!G AP1'h.'.LAN; �JUDIT'H SUMICH ,;i,1�N R. KING/ DEPUTY CITX CLERK Title 14-41AN,AGER--- ---- nul n.eci:rr,r1ct11 nale _ FEB 51980. -_-._.._._. _ _.._.�_._._. 1 CONTRACT TERMS 2 3 The State Historic Preservation Officer for the Historic Preservation 4 Grants-in-aid Fund and the Participant mutually agree to perform this agree- s ment in accordance with the National Historic, Preservation Act of 1966. 6 7 The State of California hereby promises, in consideration of the Drcmises 8 made by the Participant herein, to accept appropriated Federal Funds for the 9 purposes of the Project and disburse the same to reimburse the Participant. 10 The maximum amount of the reimbursement is the amount of "Federal Grant Funds" 11 stated in the Project Cost section on page one of this agreement. Reimburse- 12 ment will be made only for actual cash expenditures. Donated goods or services 13 may be used only to meet the Participant's matching contribution requirement, 14 and will not qualify as an actual cash expenditure. it is understood by the I 15 parties hereto that this agreement shall not obligate State of California 16 funds for the Project costs described herein. The Participant hereby promises, 17 in consideration of the promises made by the State Historic Preservation Of- 18 ficer herein, to execute the Project described herein, in accordance with the 19 i terms of this agreement. Any disbursement hereunder shall not be made unless I 20 and until funds therfore are received by the State Historic Preservation Of- 21 ficer from the Heritage Conservation and Recreation Service. 22 23 The following special Project terms and conditions were added to this agree 24 ment before it was signed by the parties hereto and any deviations from or 25 changes in the Project shall be accomplished only through written consent of 26 the parties concerned: 27 '- 2 CURT CAPER T TA TX�F GLRanry .iO QEv 3.7Z li 1 Special Condition 2 It is an express condition of this project agreement that all future 3 development be in accord with the Secretary of Interior's Standards 4 for Preservation Projects and the approval, of the State Historic 5 Preservation Officer or his designated representative. 6 ' 7 8 ' 9 10 11 12 „ 1.3 14 15 16 1'7 18 19 20 21 it 22 li 23 I 24 � I 25 ! I 26 271 I 2A C 1LJlIT PAPEH v'Al 9 OF CALIFORNIASFM 1 13 1rev 0 7 Z I 1 A. DEFINITIOUS 2 3 1 . The term "HCRS" as used 'herein means Heritage Conservation and II 4 P Recreation Service, United States Department of the interior. � I 6 2. The term "Keeper" as used 'herein means the Keeoer of the National 7 Register of Historic Places, or any representative lawfull7 delegated the 3 I authority to act for the Keeper. 9 10 3• The term "SHPO" as used herein means the person designated by the 11 Governor as the State Historic Preserva-icn Officer. 12 �I 13 y. The term "Guide" as used herein means "Procedural Ouide _`er Grant L4 Applications Under the National Historic Preservation .let of 1966" used by the I 15 1 State Office of Historic Preservation and in effect at the start of the 16 j project period. 17 13 5 . The term "Project" as used herein means the project or project phase 19 which is the subject of this agreement during the time period set forth as the 20 "Project Period" on page one of this agreemen.. 21 i 22 6 . The term "Project Proposal" as used 'herein means the documents used 23 to describe and estimate the cost of _ planning, acquisition, or development 24 oroject filed with the SHPO in support of an application for federal financial 25 assistance. 20 27 7. The term "State" as used herein means the State of California and/or 28 its official representative, the Office of Historic Preservatipn. COURT PAPER 5 TAT5 Jf CA L.F�IIVI♦ g—p 113 'E, d 3 2 5,1 �I L 8 . The term "Participant" as used herein shall mean the recipient of the 2 federal funds to be disbursed in accordance with the terms of this agreement. 3 4 9 . The term "Federal Funds" as used herein means those monies made 5 available by the United States of .America as matching money for projects under 6 the National Historic Preservation Act of 1066 , Public Law 89-665 , 'O Stat. 915 7 �� (1966) . 3 I 9 B. PROJECT EYECUTION 10 11 1 . The Participant shall az no cost to the State execute, ecmplete, 12 operate and maintain the approved Project in accordance with the Guide, the 13 Project Proposal, and approved Mans and specificat_ons appl_cable, which is documents are to be . _1ed with the office of the State Historic Prose-nation L5 Officer and made a part :hereof. Fa-lure to render satisfactory progress or to 16 complete this or any other project which is the subject of Federal assistance 17 under this program to the satisfaction of the SHPO may be cause for 18 i suspension of all obligations of the United States and the State under this 19 agreement. 20 21 2. The Participant shall indemnify the State of California and its 22 officers, agents and employees against and hold the same free and 'harmless I 23 from any and all claims, demands, damages, losses, costs, and/or expenses of 24 liability due to, or arising out of, either in whole or in part, whether 25 directly or indirectly, the organization, development, construction, operation, ! 26 or maintenance of the Project. 27Z2�Rl`PAPER i --- -TAT[CF CA C,O 17 1 3. In the event of default by the Participant which default is not cured 2 j' by the Participant within thirty (30) days after receipt of written notice 3 from the SHPO, the State may in addition to any other remedies take possession 4 of the Project and construct, operate or maintain the Project as the State may 5 deem necessary to fulfill requirements of the Federal Government, and the 6 1 Participant agrees to reimburse the State for any costs or expenses incurred 7 by the State thereby. S 9 4. The Participant shall secure completion of the work in accordance i 10 with the approved construction plans and specifications, and shall secure I� L1 compliance with all .applicable Federal, State and local _aws and regulations. 12 i i 13 5 . The Participant shall permit periodic site visits by the SHPO and/or i 14 Keeper to ensure work progress in accordance with the approved Project, 15 including a final inspection upon Project completion. I 10 I i 17 6 . In the event funds should rot be available for future stages of the 13 I: Project, the Participant shall bring the Project to a point of usefulness 19 agreed upon by the State and HCRS. 20 21 7. All deviations from the Project proposal shall be submitted to the 22 �, SHPO prior to approval. 23 24 I 8. The acquisition cost of real property shall be based upon the 25 appraisal of a competent appraiser. The reports of such appraisers shall be 26 available for inspection by the SHPO upon request. i 27 --- !I ]O.,RT CAPER STATE O1 CA� 1.11l1 STJ 1E'. _ I 5 1253 i 1 9. Development plans and specifications shall be available for review by 2 the SHPO upon request. 3 I 4 10. If any tract- or parcel of, or interest in, real property subject to being purchased under the provisions of this agreement, but not identified o herein, is found by the SHPO for any reason not to be suitable for Federal 7 assistance, all obligations of the United States hereunder shall cease as to 3 such parcel, tract or interest. g LO 11 . There shall be erected at the project site a sign that provides the L1 information noted below: 12 it 13 (a) Name of project. 14 15 (b) Name of the California Office of Historic Preservation. 16 � 17 (c) Nature of Federal assistance outlined su'bstantial_v as follows: 13 "(acquisition) (Restoration) (or otherterm) of this property, I 19 which is 1=sted in the National Register of Historic Places, has 20 been funded with the assistance of a matching grant .':cm the 21 Department of the Interior, Heritage Conservation and Recreation 22 Service, under the provisions of the National Historic 23 Preservaticn Act of 1960 . " 24 --- 25 --- 26 27 --- I J4-?APE.4 i TA'E CF CA�:FCP�'P 1253 1 C. PROJECT COSTS 2 II 3 I Disallowances, The Participant agrees to :Hake immediate monetary resti- 4 tution of any advanced funds for any disallowances of costs or expenditures or 5 unauthorized activities which are disclosed through audit or inspection by 6 representatives of the SHPO or the HCRS. 7 Project costs eligible for assistance shall be determined upon the 3 basis of the criteria set forth in the Federal `^.anagement Circular 7t-u and g the Guide. 'I 10 11 D. PROJECT ADMINISTRATTnP; 12 13 1 . The Participant shall promptly submit such --ports and _.. such form 14 as the SHPO may request. 15 it 16 j 2. No later than at the end of the project period, the Participant shall I 17 submit a completion report. The SF.PO shall crovlde guidelines for the content 18 of this report. 19 I 20 3• Property and facilities acquired or developed pursuant to this 21 agreement shall be available for inspection by the Keeper and the SF.PO. it 22 it 2J I 4. The Participant shall be held accountable for interest earned on 24 grant-in-aid funds advance to it. Interest w411 be returned to the State. 25 I 26 5• Anv moneys advanced to the Participant must be deposited in a tank 27 with FDIC insurance Coverage and the balances exceeding the FDIC CCve..Rgo_ mus` 28 be collaterally secure, as provided for in 12 U.S.C. 265 . COURT -APER STATE Or CAL IF,RNIA � sr. ;3 =e: r 7 - ?53 1 E. PROJECT TERMINATION 2 3 I 1 . The Participant may upon written notice to the SHPO unilaterally 4 rescind this agreement at any time prior to the commencement of the Project. 5 The SHPO may upon :mitten notice to the Participant unilaterally rescind this 6 agreement at any time prior to commencement of the Project. After Project 7 commencement, this agreement may be rescinded, modified, or amended only by g mutual agreement. A project shall be deemed commenced when the Participant 9 makes any expenditure or -,-curs any obligation with respect to the Project. i0 1i 2. Failure by the Participanr to comply wit;1 the terms ' f 'his ee aP_ar�_ment 12 or any similar agreement may be cause for the suspension of all obligation of I 13 the United States or the State hereunder. 14 15 3• Failure by the Participant to comply with the terms of this agreement 16 shall not be cause for the suspension of all obligations of the United States 17 or State hereunder if, in the judgment of ;he Keeper, such failure was due to 18 no fault of the Participant. In such case, any amount required to settle at ! 19 minimum costs any irrevocable obligations properly incurred shall be eligible 20 for assistance under this agreement. 21 I 22 4. Because the benefit to be derived by the United States from the full 23 compliance by the Participant with the terms of this agreement is the preser- 24 I vation, protection, and the net increase in the quantity and quality of public 25 historic facilities and resources which are available to the people of the i 26 State and of the United States, and because such benefit exceeds to an i 27 immeasurable and unascertainable extent the amount of money .urnis'r.ed by the i I, ern 1 1253 1 United States by 'way of assistance under the terms of this agreement, the 2 Participant agrees that payment by the Participant to the United States of an 3 amount equal to the amount of assistance extended under this agreement by the 4 United States would be inadequate compensation to the United States for any 5 breach by the Participant of this agreement. The Participant further agrees, ,3 therefore, that the appropriate remedy in the event of a breach by the 7 Participant of this agreement shall be the scecific performance of :his g 'i agreement. c lO F. CONFLICT OF iNTEREST 11 I 12 1 . No official or employee of the State or Participant who is authorized i 13 in his official capacity to negotiate, make, accept, or approve, or to take 14 part in such decisions regarding a contract or subcontract in connection rat,. I i 15 this Project shall have any financial or other personal _merest in any such q 16 contract or subcontract. 17 19 2. No person performing services for the Participant in connection with 19 ;i this Project shall have a financial or other cersonal -interest otter than h'_s I 20 employment or retention by the Participant, in any contract or subcontract _.. 21 connection with this Project. No officer or employee of such person retained 22 ;I by the Participant shall have any financial or other personal interest in any 23 heal property acquired for this Project unless such interest is oiler._ ✓ 24 disclosed upon the public records of the Participant, and such officer, 25 employee or person has not participated in the acquisition for or on behalf of 26 the Participant. 27 -'- I i �CLRT cgacq S TATC �F CA'.II:T CIA ov I � i 1 3• No member of or delegate to Congress shall be admitted to any share I 2 or part of this agreement, or to any benefit to arise hereupon, unless such 3 benefit shall be in the form on an agreement made with a corporation for its i 4 general benefit. 5 6 4. The participant shall be responsible for enforc-ng the above conflict 7 of interest provisions. 8 I g G. HATCH ACT - 10 I 11 No officer or employee of the Participant whose principa' emplcyment 1 12 is in connection with any activity which is financed in whole or in Dart 1 ,3 oursuant to this agreement shall take part in any of r_he poli�-cal =_cti•r ty i 14 proscribed in the Hatch Political Activity act, 3 U.S .C. 113 '{ with I 15 exceptions therein enumerated, I 1b 17 i H. RELOCATION ASSISTANCc 18 I 19 The Participant shall comely with the prcvi r.sics cf the,,... IIa-fprm 1 20 Relocation Assistance and Real ?rocerty acquisition Policies Act of 1"0 , i 21 22 I. FINANCIAL RECORDS 23 24 1 1 . The Participant shall familiarize himself with, and comply with, the 25 purpose and requirements of the Office of Management and Budget Circular A-102 26 and Federal Management Circular 74-4, 27 --- .:JURT '4PER were are ; IC11 n i I I -3 L 2. The Participant shall maintain satisfactory financial accounts, 2 documents, and records, and shall make them available to the State and/or HCRS 3 for auditing at reasonable times. Such accounts, documents, and records shall I I 4 be retained b the Participant for three Y an years following project termination. 5 ' 6 3. The Participant may use any generally accented accounting system, i 7 provided such system meets the mihimum requirements set forth in the Guide. g 9 d. USE OF FACILITIJS 10 1 11 1. The Participant shall not at any time convey any interest in any pro- 12 I nerty acquired or developed under this grant without prior approval of the HCRS 13 and the SHPO. Similar approval must be secured for any proposed changes in the 14 use or administration of assisted properties. 15 i i6 2. The Participant shall maintain all property acquired or developed under L7 , this agreement so as to appear attractive and inviting to the public. Sanita- 18 tion and sanitary facilities shall be maintained in accordance with applicable 19 State and local public health standards. Properties shall be kept reasonao'_y 20 safe for public use. Fire prevention and similar activities shall be maintainej 21 at levels reasonable to prevent loss of the lives of users. Participant shall 22 be responsible for the maintenance and administration of historic properties j 23 1 acquired or developed with Federal assistance provided under this agreement. 24 All maintenance and operations shall be in accordance with the standards set 25 forth in the Guide. The Participant shall repair, maintain, and administer 26 the premises so as to preserve the historical integrity of the features, .r,ater- 27 ials, appearance , workmanship and environment. I AT[ CALI/O 113 a.7 iEV 2, 11 1 3. The Participant shall not discriminate against any person on the 2 II basis of race, color, sex, age, or national origin in the use of any property 3 or facility acquired or developed Dursuant to this agreement, and shall comply i a with the terms and intent of Title 9I of the Civil Rights Act of 1964, P. L. 5 88-352 ( 1964; , and of the regulations Promulgated pursuant to such act by the 6 Secretary of the interior and contained in 43 CrR 17 i 7 8 L. The Participant shall not discriminate against any person on the 9 basis of residence. 10 11 K. ADDITIONAL LIMITATIONS 91D RRCUIRIh«'NTS 12 i 13 No grant may be taken for or on account of any project made under the i 1¢ `national Historic Preservation Act of 1966 (89-665) to which financial 15 assistance has been given or promised under any other federal program unless 16 that program has been specifically exempt from this provision by the United II I 17 States Congress. NO financial assistance may be given under any other federal lg jl program or activity for or on account of any m project given or prcised i 19 I assistance under the National Historic Preservation Act unless that federal 20 ;i program has been specif'_cal_y exempt from this provision by the United States 21 Congress. 22 23 2. The Beneficiary of Assistance under the National Historic 2¢ IPreservation Act shall keep such records as the State Historic Preservation j 25 1 Officer shall prescribe, including records which fully disclose the j 26 � disposition by the beneficiary of the proceeds of such assistance, the total I 27 cost of the Droject or undertaking in connection with which such assistance is j i TA"6 pF CA�1I III4iA T_ 3 _ 3 - 2 - 1253 1 given or used, and the amount and nature of that portion of the cost of the 2 project or undertaking supplied by other sources, and such other records as i 3 I will facilitate an effective audit. 4 j i 0 3. 'Mork completed prior to or after the project period will not be o funded under the act unless it is approved by both. the SHP0 and the HCRS. 7 i 3 4. Reasonable nondiscriminatory admission fees that will not discourage visitation and that compare with fees charged at comparable facilities in the 10 area :nay be collected at nroperties which have received a grant under the 11 national Historic Preservation Act. 12 1 13 5. The Participant 's resncnsibility to maintain and administer a 1,_ historic property acquired or developed under this agreement shad'_ be __cited 15 to a specific period dependent upon the amount of federal assistance _provided 16 as follows: 17 i 13 (a) Federal assistance of up to 520,1-00: 5 fears 19 j (b) Federal assistance of 52C,001 to 350,000: 10 years 20 (c) Federal assistance of 550,C01 to $100,CCC: 15 years i 21 (d) Federal assistance of over 5100,000: 20 years 22 i 23 i o. In order to ensure notice of the :onditiors or �w. is agreement Co 2d any subseauent owner of the prorert7. Participant 25 shall record this agreement at the Office of the County Recorder for the 26 county within which the project is located, in such manner that this 27 agreement will appear as an encumbrance on Title to the project (area, during I 3-=aces 13 - 7. ...1:.o ., . 'c 113 a-. g. - - 1195 1 any future Title search, and will so appear in any future Title report or 2 I Title insurance on the project (area) . 3 -- 4 -- 5 -- I o -_ 7 -- 8 I -- 9 -- I 10 12 -- 13 -- 14 -- 15 -- 16 -- 17 -- I 18 -- 19 20 -- 21 I 22 -- I 23 - 24 -- 25 -- 26 -- II I i 27 I -- I Z. ,PT PAPER 14 I •^I CF CALIFCPVI• r_ 13 Ffv a it 7 �'A 1 M. BILLING 2 1. Participant shall submit partial requests for reimbursement during 3 the project period no more often than r..onthly and no less frequently than 4 qunrterly, . commencing no later than 120 days after the execution of this 5 agreement, in triplicate sent to: 61 7 Office of Historic Preservation 8 Department of Parks and recreation 9 P.O. Box 23rC 10 : Sacramento, California 95311 11 12 2. Participant shall submit a final billing statement no later than at 13 the end of the project period. 14 15 N. F'=ERAL CONTRACT CO�TLIANCE I 16 17 Construction contracted for by the Participant shall meet the 18 following requirements: 19 20 (a) Contracts for construction in excess of 310,000 shall 'me awarded 21 1 through a process of competitive bidding. Copies of all bids and a copy of 22 the contract shall be retained for inspection by the 6'rLPPQ. 23 24 (b) The Participant shall inform all bidders on contracts for construc-i 25 tion in excess, of $10,000 that Federal Funds are being used to assist in con- i 26 struction. I I 27 — OURT7APER 17..1 cl l:,O I I I. C -p 113 9E� d '2 1 5 vf• P - ?53 1 (c) Written change orders to contracts for construction in excess of i 2 ; $10, 000 shall be issued for all necessary changes in the facility. Suc 3 orders shall be made a part of the project files and shall be kept available I a for audit. 5 6 (d) The Participant agrees to comply with the Civil ;fights Act of y 1 1964 and Executive Order No. 112t6 and shall incorporate, or cause to be 3 incorporated, into all construction contracts the following provisions: a 10 "During the performance of this contract, the contractor agrees as 11 ! follows: 12 i 13 "( 1 ) The contractor will not discriminate against any employee 14 or applicant for employment 'because of race, creed, color, 15 religion, sex, age, or national origin. The contractor :aill I 16 take af`irmative action to ensure that applicants are employed, 17 and that employees are treated during employement without regard 18 to their race, creed, color, religion, sex, age, br national i9 origin. Such action shall _^elude, but not be limited to, the 20 following: employment, upgrading, demotion or transfer; recruit- i 21 ment advertising; layoff or termination; rates of pay or other I 22 forms of compensation; and selection for training, including 23 apprenticeship. The contractor agrees to post fir. conspicuous I 24 places, available to employees and applicants for employment, 25 notices to be provided by the contracting officer setting forth 26 the provisions of this nondiscrimination clause. 27 --- _ 16 CJ L'RT?4?�4 -- srarx - 253 1 "(2) The contractor will, in all solicitations or advertisements 2 j for employees placed by or on behalf of the contractor, state 3 that all qualified applicants will receive consideration for 4 employment without regard to race, creed, color, religion, sex, 5 age, or national origin. o I �� 7 (3) The contractor will send to each labor '.anion or recresen- 3 tative of :corkers with which he has a collective bargaining 9 agreement or other contract or understanding, __ notice, to be 10 provided by the agency contracting officer, advising the labor 11 union or workers' representative of 'he contractor' s cc=i—,ments 12 I under Section 202 of Executive Order No. 11246 of September 2u, I 13 1965 , and shall post copies of the notice in conspicuous places 14 available to employees and applicant-s for employment. 15 16 The contractor will comply with all provisions of 17 Executive Order Plc. 11246 of September 24, 2965 , and of the I 18 rules, regulations, and relevant orders of the Secretary of 19 Labor. 70 I I 21 "(5) The contractor will furnish all information and reports i 22 required by Executive Order No. 11246 of September 24, 1965, and 23 by the rules, regulations, and orders of the Secretary of Labor, i 24 or pursuant thereto, and will permit access to his books, 25 records, and accounts by the contracting agency and t,"•e 26 Secretary of Labor for purposes of investigaticn to ascertain 27 compl_=nce with such rules, regulations, and orders. 0 'aT PIPER 17 AT ".Aae euino".A _TJ Ij 'Ell 3 '< 125 i 1 "(6) In the event of the contractor' s noncompliance with the 2 nondiscrimination clauses of this contract or with any of such 3 rules, regulations, or orders, this contract may be canceled, a terminated, or suspended in whole or in part and the contractor 5 may be declared ineligible for further Government contracts in 6 accordance with procedures authorized in Executive Order No. 11246 of September 24 , 1965 , and such other sanctions may be 8 imposed and remedies invoked as provided in 3xecuti ,e Order No. 9 11246 of September 24 , 1965 , or by rule, regulation or order of LO the Secretary of Labor, or as otherwise provide by law. tt 12 "(7) The contractor will include the provisions of Paragraphs 13 ( 1 ) through (7) in every subcontract or Purchase order unless 14 exempted by rules, regulations, or orders of the Secretary of i 15 Labor issued pursuant to Section 20u of Executive Order 11c. 16 11246 of September 24 , 2965 , so that such prov ;ions dill be I i 17 binding upon each subcontractor or vendor. The contractor will I 18 take such action with respect to any subcontract or Purchase 19 order as the contracting agency may direct as a means of i 20 j enforcing such provisions, including sanctions for 21 nor,compl i an cc: Provided, .nowe:rer, That, in the event the 22 contractor becomes involved in, or is threatened with, 23 litigation with a subcontractor or vendor as a 'result of such 24 direction by the contracting agency, the contractor may request 25 the United States to enter into such litigation to protect the I 26 interests of the United States. " 27 --- 18 uru:r er_.ew v+ irp 1 (e) The Participant shall: 2 3 ( 1 ) comply with the above provisions in construction work a carried out by itself; 5 5 (2) assist and cooperate actively with the SFPO in obtaining 7 the compliance of contractors and subcontractors with the above 3 contract provisions and with the rules, regulations, and g relevant orders of the Secretary of Labor; 10 11 (3) obtain and furnish to the SFPG such information as they may i 12 require for the supervision of such compliance; 13 14 (a) enforce the obligation of contractors and subcontractors 15 under such provisions, rules, regulations and orders; 10 17 (5 ) carry out sanctions and penalties for violation of such 18 obligations imposed upon contractors and subcontractors by the 19 Secretary of Labor or the FORS pursuant to Part II , Subpart D, 20 of Executive Order No. 112u6 of September 2u, 1965; and 21 22 (6) refrain from entering into any contract with a contractor 23 � debarred from Government contracts under ?art II, Subpar* D, of 24 Executive Order No. 112L6 of September 24, 1965 . 25 --- 26 I --- 27 I --- 19 i � n Fa � 9 i I L 0. CONTRACT AMENDAENT 2 3 This contract may be amended, modified, or rescinded only by an 4 agreement in writing. sl 6 P. CONTRACT aECUTION 7i g This contract is executed in counterparts, each of which shall be deemed 9 a duplicate original. 10 11 Participant recognizes that 18 U.S . C.A. 1913 provides that funas L2 granted hereunder may not be used for the influence of ''lobbying" of I L3 I any Member of Congress to favor or oppose any legislation before Congress, L4 and also understands that State will not recognize as a reimbursable cost i 15I expenditures which would have been a violation of 18 U,3. C.A. had Federal 16 funds been used. 17 -- 18 -- Ls -- 20 -- I 21 -- i 22 -- 23 24 -- I 25 -- 26 I i 20 JURT PAPVR -nr[Oe Ul:Ianv1+ -_ 113 ser a vzi ss� ATT'ACIIMEJIT A Property on P P � �Y Description I' is 1 The Olinger Proper US 85) 39.08 acres southwest 1/4 of the southeast 1/4 of J' 2 Section 22, T°wnehip 4 south, Range 4 east, San Bernardino Base and Meridian, 3 also described as Lot 10 of said Section 22 130,000.00 ' 4 The Chormicle Proper (PS 100) - 23.43 acres Lot 30, Section 22, Township 1F I 5 south, Range 4 east, San Bernardino Base and Meridian, except that Portion k 6 described as follows: 7 Beginning at the northeast corner of said Lot 30 thence along 8 the north line of said Lot 30, north 89d 50' 24" west, 260 feet; 9 thence south 000 09' 36" west 200 feet thence south 890 50' 24" 10 east, 50.00 feet; thence south 000 09' 36" west, 200.00 feet; I d 11 thence north 89° 50' 24" west, 50.00 feet; thence south CC 09' 36" 12 west, 200.00 feet; thence north 890 50' 24" west, 90.00 feet; 71 13 thence south 00° 09' 36" west, 100.00 feet; thence north 890 14 501 24" west, 100.00 feet, thence south 000 09' 36" west, 215.00 i 15 feet; thence south 890 50' 24" cant, 453.40 feet to the east i 16 line of said Lot 30, thence north 00° 03' 10" west along said I 17 east line 915.01 feet to the point of beginning, said exception 18 containing 6,38 acres, more or less. 1{ 19 20 21 li 22 23 24 25 _1 26 27 . MJRI PAPER MINUTE ORDER NO. 2896 AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT IN THE AMOUNT OF $48,900 WITH THE STATE DEPARTMENT OF PARKS AND RECREATION FOR ACQUISITION OF PROPERTY IN THE TAHQUITZ NATIONAL HISTORIC SITE. I HEREBY CERTIFY that this Minute Order, authorizing the City Manager to execute a grant agreement in the amount of $48,900 with the State Department of Parks and Recreation for acquisition of property in the Tahquitz National Historic site, was adopted by the City Council of the City of Palm Springs , California, in a meeting thereof held on the 4th day of February, 1981 . NORMAN R. KING City Clerk BY: JUDITH SUMICH Deputy City Clerk January 25, 1984 T 2 5 3 Judy, attached are the grant agreements referred to in Bill' s letter as Project No. 06-75-00103-00 (AGR #1128) and ) first page of Agr and resolution only Project No. 06-76-00172-00 (AGR #1305) ) We have purchased 3 parcels in Section 22 only and they are: Deeds 1101 and 1102 - 30 acres, Section 22 from Winifred Patencio Preckwinkle (Parcel 22) Deed 1291 -39.08 acres, Lot 10, Section 22 from Debra Sue Olinger Copies of these deeds and Resolutions approving purchases are attached also.