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Agreement No. 08A04 3 T = m
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Sheet 1 of 3
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STATE OF CALIFORNIA o w o
DEPARTMENT OF TRANSPORTATION
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FUND TRANSFER AGREEMENT J N 1 S
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INITIAL DOCUMENT 0 e
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COVERING ALLOCATIONS OF
❑ PASSENGER RAIL AND
CLEAN AIR BOND ACT OF 1990 (PROP. 108), OR
❑ CLEAN AIR AND TRANSPORTATION
IMPROVEMENT ACT OF 1990 (PROP. 116) BOND FUNDS, OR
® TRANSIT CAPITAL IMPROVEMENT FUNDS
EFFECTIVE DATE OF AGREEMENT August 28,1996
RECIPIENT City of Palm Springs
TITLE OF COMPLETE PROJECT Palm Springs Intermodal Station
PHASE OF PROJECT X
CTC ALLOCATION: MFP-96-09 FISCAL YEAR 96/97
FUND AUTHORIZATIONS:
FUND SOURCE AMOUNT FISCAL YEAR LAST EXPENDITURE DATE
TO $631,650 95/96 March311999
TERMINATION DATE OF AGREEMENT June 30,1999
(In No Event Later Than Twelve[12] Months After Scheduled Project Operations Date)
Agreement No. FTA08A04
Sheet 2 of 3
This Agreement, entered Lato as of the date set forth above, is between the
recipient public entity identified above, hereinafter referred to as RECIPIENT,
and the STATE OF CALIFORNIA, acting by and through its Business,
Transportation and Housing Agency, Department of Transportation,hereinafter
referred to as STATE.
SECTION 1. .RECIPIENT has applied to the California Transportation
Commission ("CTC") for funds derived under the identified STATE Fund
Source, to be allocated by CTC, for the purpose of the project named above and
further described in the "Project Description" (the Project) attached as
Attachment I to the Standard Provisions of Grant.
SECTION 2. THE CTC has allocated funds for the Project, or a phase of
the Project ('Project Phase"), in the CTC Resolution MFP-96-09 identified above
and attached as Attachment II to the Standard Provisions of Grant and made a
part of this Agreement. RECIPIENT shall be bound to the terms and conditions
of the Resolution and all restrictions, rights, duties and obligations established
therein shall inure to the benefit of CTC and be subject to any necessary
enforcement action by CTC.
SECTION 3. STATE has prepared the "Standard Provisions of Grant,"
attached and made a part of this Agreement, which, together with this document
and all referenced attachments and addenda, sets forth the terms and conditions
under which said funds are to be expended.
SECTION 4. STATE and RECIPIENT have negotiated the 'Project
Description," which describes the entire Project to be constructed or acquired by
RECIPIENT. Separate Project Phase descriptions, if applicable, will describe the
tasks to be performed for each separate phase of the Project. Subsequent Project
Phase descriptions beyond the initial approved description, if any,will be added
to this Agreement by Amendment.
SECTION 5. STATE and RECIPIENT have negotiated and RECIPIENT
has submitted, at the time of RECIPIENT's request for allocation of finds, the
"Scope of Work," (attached as Attachment III to the Standard Provisions of Grant
and made a part of this Agreement),which sets forth the tasks and the estimated
State bond or TCI reimbursement including progress payments, if any, or the
amounts of progress payments to be made from TCI funds if authorized as part
of the Scope of Work. State funding limits and the drawdown schedule
established in each original or amended "Scope of Work" for every phase, initial
or subsequent, shall not be exceeded or modified without a subsequent
amendment and encumbrance of STATE funds.
Agreement No. FTAO8A04
Sheet 3 of 3
SECTION 6. The completed and signed STATE fund certification on the
Scope of Work Approval document,Attachment IV to the Standard Provisions of
Grant, including any funding increases allocated to subsequent phases evidenced
by an amendment to Attachment IV with additional fund certifications,
evidences the limited commitment of STATE funding under this Agreement.
SECTION 7. Funding available to RECIPIENT under this Agreement will
terminate on the Termination Date first specified above, unless earlier
terminated upon written notice from STATE to RECIPIENT pursuant to Article
I11, Section 6 of the Standard Provisions of Grant or extended by amendment.
SECTION 8. This Agreement may be modified, altered or revised only
with the joint written consent of RECIPIENT and STATE.
SECTION 9. RECIPIENT shall not award a construction contract over
$10,000 or other contracts over$25,000 (excluding professional services contracts
of the type defined in Government Code Section 4525 (d), (e) and (f)) on the basis
of a noncompetitive negotiation for work to be performed under this Agreement
without the prior written approval of STATE.
SECTION 10. RECIPIENTC shall conform to any and all environmental
obligations established in CTC Resolution G-91-2, attached as Attachment V to
the Standard Provisions of Grant, at the expense of RECIPIENT or the
responsible party and without further financial contribution or obligation of
STATE.
SECTION 11. RECIPIENT has executed this Fund Transfer Agreement
pursuant to the authorizing resolution, attached as Attachment VI to the -0
Standard Provisions of Grant.
SECTION 12. The grant administrators for the parties shall be for STATE, ' q
the District Director of Transportation for the District in which the Project is �?
located, and for RECIPIENT, its General Manager or Executive Director or qJ
Designee. o-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
by their duly authorized officers. N• �j1
STATE OF CALIFORNIA CITY OF PALM SPRINGS
DEPARTMENT OF TRANSPORTATION
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ATTEST: l\CIT OF PALM SPRINGS, CALIFORNIA
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Agreement No. FTA08A04
Sheet 1 of 12
STANDARD PROVISIONS OF GRANT
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
FUND TRANSFER AGREEMENT
COVERING ALLOCATIONS OF STATE BOND FUNDS
(PROPOSITION 108 OR 116) AND
TRANSIT CAPITAL IMPROVEMENT FUNDS
RECIPIENT has agreed to accept the applicable provisions contained herein,
including all Attachments and Addenda (these 'Provisions"), as a condition of its
acceptance of a grant from these sources. The State of California, acting through
the Department of Transportation,referred to herein as STATE, shall have the
administrative responsibilities described in these Provisions.
ARTICLE I. PROJECT DESCRIPTION
SECTION 1. RECIPIENT agrees to complete the Project, or the identified
Project Phase thereof, as described in the attached Project Description and Scope
of Work for the identified Project or Project Phase. Reference hereinafter to the
Project shall also mean the Project Phase if appropriate.
SECTION 2. RECIPIENT agrees that if STATE funds prove insufficient to
complete the described Project and open it to revenue operation, that payment of
any additional amounts required shall be the sole responsibility of RECIPIENT.
RECIPIENT further agrees that it will secure and provide, without further
STATE assistance under this Fund Transfer Agreement process,such additional
resources as are necessary to pay these additional amounts and expeditiously
complete the Project.
ARTICLE II. SCOPE OF WORK
SECTION 1. RECIPIENT shall be responsible for complete performance
of the work described in the approved Scope of Work document for the Project
corresponding to that commitment of future State funds. All work shall be
accomplished in accordance with the applicable provisions of the Public Utilities
Code and the Streets and Highways Code.
SECTION 2. RECIPIENT acknowledges and agrees that RECIPIENT is
the sole control and manager of the proposed Project and its subsequent
employment for the benefit of the public. RECIPIENT shall be solely responsible
Agreement No. FTAO8A04
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for complying with the funding and use restrictions established by the statutes
from which the funds are derived, the CTC, the State Treasurer, the Internal
Revenue Service, and the terms of this Agreement. RECIPIENT shall indemnify,
defend and hold harmless the STATE, the CTC and the State Treasurer relative
to any misuse by RECIPIENT of State funds,Project property or Project
generated income or other fiscal acts or omissions of RECIPIENT.
SECTION 3. A Schedule of Tasks and a drawdown schedule of Estimated
Progress Payments are included in the Scope of Work document. STATE need
not pay RECIPIENT a cumulative amount greater than the cumulative amount
identified in the Schedule for any time period, or any earlier, than the dates
authorized in the drawdown schedule of payments or the Quarterly Cash
Expenditure document, where applicable.
SECTION 4. The Scope of Work includes an estimated completion date or
dates for each of the Project Phases or items of work identified therein and
RECIPIENT shall conform to those completion dates.
ARTICLE III. PAYMENT
SECTION 1. RECIPIENT agrees to contribute at least the statutorily
required local contribution (other than,state or federal funds) toward the actual
cost of the Project, or the amount specified in the SB2800 (Streets and Highways
Code Section 164.53) commitment of future State funds,whichever is greater,
from funds available to it. RECIPIENT shall contribute its required amount of
the cost of the Project in accordance with a schedule of payments as shown in a
Quarterly Cash Expenditure Plan prepared by RECIPIENT as part of the Scope
of Work document.
SECTION 2. Project Related transportation and subsistence costs of
RECIPIENT and its subcontractors shall not exceed rates authorized to be paid
State employees under current State Department of Personnel Administration
rules.
SECTION 3. Not more frequently than once a month,but at least
quarterly, RECIPIENT will prepare and submit to STATE (directed to the
attention of the appropriate STATE District accounting office responsible for
administration of the Project for STATE) Progress Payment Vouchers for actual
costs incurred consistent with the Scope of Work document. Each such voucher
will report the total expenditures from all sources and will specify the percent of
state reimbursement requested and the fund source. The voucher should also
summarize STATE money requested by category (right of way, construction and
rolling stock) and be accompanied by a report describing the overall work
status and progress on tasks for the applicable Project. If applicable, the first
voucher shall also be accompanied by a report describing any tasks specified in
the Scope of Work document which were accomplished prior to the Effective
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date of this Agreement, for which costs are to be credited toward the required
local contribution described in Article III, Section 1 of these Provisions pursuant
to an executed Agreement for Local Match Fund Credit between RECIPIENT
and STATE. The method of payment for this agreement will be based upon
reimbursement at actual cost.
SECTION 4. Should RECIPIENT have a valid Memorandum of
Understanding (MOU) for "Expedited Payment" on file with STATE
Department of Transportation, Headquarters Accounting office, RECIPIENT
will, not more frequently than as authorized by that MOU, prepare and submit to
STATE an Expedited Payment Invoice for rail bond reimbursements consistent
with that MOU and the Scope of Work document. The original invoice copy for
rail bond reimbursements shall be mailed or faxed to: Department of
Transportation, Division of Accounting,Attention: Bond Fiscal Management
Section, P.O. Box 942874, Sacramento, CA 94274-0001, [FAX# (916) 227-87871.
For expedited Transit Capital Improvement (TCI) fund reimbursements,
RECIPIENT shall,not more frequently than as authorized by the MOU,prepare
and submit to STATE an Expedited Payment Invoice consistent with the MOU
and the Scope of Work document. The original invoice copy for TCI fund
reimbursements shall be mailed or faxed to: Department of Transportation,
Division of Accounting, Attention: Special Program Management Section, P.O.
Box 942874, Sacramento, CA 94274-0001, [FAX# (916) 227-8787].
As set forth in the MOU, all appropriate supporting documentation and
remaining invoice copies are to be contemporaneously submitted to the
appropriate Departmental Project Administrator. A warrant for each invoice will
be issued by the State Controllers Office within 10 calendar days from receipt of
an acceptable invoice. Invoices will be approved for this expedited payment,
provided they are not one-time payments or final payments. One-time payments
and final payments, eligible for expedited pay,will have 10% of the invoice
amount withheld pending approval from the STATE's Project Administrator of
all required documents submitted by RECIPIENT.
SECTION 5. Final payment vouchers must be submitted not later than
one month after the Last Expenditure Date noted on the face sheet of the Fund
Transfer Agreement. Reimbursement will be made only for work performed
after the Effective date of this agreement and prior to the Last Expenditure Date.
As used in this agreement, "Last Expenditure Date" refers to the last date for
RECIPIENT to expend any funds from any of the state funding sources
referenced on the face sheet of the Fund Transfer Agreement.
SECTION 6. Delivery by STATE of any funds provided pursuant to this
Agreement is contingent upon prior budget action by the legislature, fund
allocation by CTC, submittal by RECIPIENT and approval by STATE of all
documentation required by Government Code Section 14085 and, if bonds are
• Agreement No. FTA08A04
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the fund source, subject to the sale of bonds by the State Treasurer. In the event
bond sales are delayed, canceled, or downsized or TCI grant funds are restricted,
limited or otherwise conditioned by acts of Congress, the CTC, the Legislature,
the Internal Revenue Service or the Federal Transit Authority, STATE shall not
be held liable for any resulting damage or penalty. In the event of any such
imposition of additional conditions, delay, cancellation or reduction in STATE
funding, RECIPIENT shall be excused from meeting the time and expenditure
schedule to the extent of such delay, cancellation or reduction and this
Agreement will be amended to reflect the necessary changes in scope or
scheduling of the Project.
SECTION 7. STATE reserves the right to terminate its funding for any
Project upon written notice to RECIPIENT in the event that RECIPIENT fails to
proceed with the work in accordance with the Scope of Work document, the
bonding requirements if applicable, or otherwise violates the conditions of these
Provisions or the allocation such that substantial performance is significantly
endangered. In the event of such termination, RECIPIENT shall be reimbursed
its authorized costs up to the STATE's share of allowable Project costs incurred
prior to the date of termination, provided that all other terms and conditions of
this Agreement have been met. Any such termination shall be accomplished by
delivery to RECIPIENT of a Notice of Termination, which notice shall become
effective not less than 30 days after receipt, specifying the reason for the
termination, the extent to which funding of work under these provisions is
terminated and the date upon which such termination becomes effective, if
beyond 30 days after receipt. During the period before the effective termination
date, RECIPIENT and STATE shall meet to attempt to resolve any dispute.
ARTICLE IV. REPORTS AND RECORDS
SECTION 1. RECIPIENT and its contractors shall establish and maintain
an accounting system and records that properly accumulate and segregate
incurred costs by line item for the Project. RECIPIENT and contractor
accounting systems shall conform to generally accepted accounting principles
(GAAP), enable the determination of incurred costs at interim points of
completion, and provide support for reimbursement payment vouchers or
invoices. All accounting records and other supporting papers of RECIPIENT
and its contractors connected with performance under this Agreement shall be
maintained for a minimum of three years from the date of final payment to
RECIPIENT under these provisions and shall be held open to inspection and
audit by representatives of STATE and the Auditor General of the State and
copies thereof will be furnished upon request. In conducting an audit of the
costs claimed under these provisions, STATE will rely to the maximum extent
possible on any prior audit of RECIPIENT pursuant to the provisions of federal
and state laws. In the absence of such an audit, any acceptable audit work
performed by RECIPIENTS' external and internal auditors and/or federal
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auditors will be relied upon and used by STATE when planning and conducting
additional audits.
SECTION 2. RECIPIENT and its contractors agree to comply with
Federal procedures in accordance with the following:
a. Office of Management and Budget Circular A-87, Cost Principles
for State and Local Governments.
b. 49 CFR, Part 18, Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments.
Any costs for which RECIIPIENT has received payment that are,
determined by subsequent audit to be unallowable under Office of Management
and Budget Circular A-87, are to be repaid to STATE by RECIPIENT. Should
RECIPIENT fail to reimburse moneys due STATE within 30 days of demand, or
within such other period as may be agreed between the parties hereto, STATE is
authorized to withhold future payments due RECIPIENT from any source,
including but not limited to, the State Treasurer, The State Controller and the
CTC.
SECTION 3. For the purpose of determining compliance with Public
Contract Code Section 10115, et seq., and Title 21, California Code of Regulations,
Section 2500 et sue., when applicable, and other matters connected with the
performance of RECIPIENT's contracts with third parties pursuant to
Government Code Section 10532, RECIPIENT, RECIPIENT's Contractor,
subcontractors and STATE shall maintain all books, documents,papers,
accounting records, and other evidence pertaining to the performance of such
contracts, including but not limited to, the costs of administering the various
contracts. All of the above-referenced parties shall make such materials available
at their respective offices at all reasonable times during the contract period and
for three years from the date of final payment under such contract. STATE, the
State Auditor General, the Federal Highway Administration, or any duly
authorized representative of the Federal Government shall have access to any
books, records, and documents that are pertinent to the Agreement for audits,
examinations, excerpts, and transactions and copies thereof shall be furnished if
requested.
RECIPIENT agrees to include this project in the schedule of projects
examined under any single audit that is prepared in accordance with Office of
Management and Budget Circular A-128.
SECTION 4. RECIPIENT will insert clauses to the effect of Sections 1, 2
and 3 above of this Article IV in all of its contracts funded by STATE under these
Provisions.
Agreement No. FTA08A04
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SECTION 5. RECIPIENT and STATE agree to conduct, on a quarterly
basis, on-site reviews of all aspects of the progress of the Project. The first
quarterly review meeting shall take place within 90 days following execution of
this Agreement. RECIPIENT agrees, during each quarterly progress review, to
inform STATE regarding (1) whether the Project is proceeding on schedule and
within budget, (2) any requested changes to the Project Management Plan, (3)
major construction accomplishments during the quarter, (4) any actual or
anticipated problems which could lead to delays in schedule, increased costs or
other difficulties, (5) the status of the Project Budget and, (6) the status of critical
elements of the Project.
Section 6. It will be permissible for RECIPIENT to expend funds as
needed and to move funds between expenditure categories and line items with
maximum flexibility in accordance with revised budgets furnished prior to the
actual expenditures. However, RECIPIENT shall notify and obtain approval
from STATE of any proposed changes in excess of 10 percent in any expenditure
category prior to actual expenditure. For proposed changes in excess of 20
percent in any expenditure category or for a reduction in proposed work or
service levels, STATE approval shall be obtained and STATE will determine
whether the proposed change is significant enough to warrant CTC review.
Should the proposed change require any increase in State funds, the CTC and
STATE must approve that change in advance of funds being expended..
SECTION 7. The quarterly reviews will include consideration of whether
activities are within the scope of the Project and in compliance with State laws,
regulations, administrative requirements, and implementation of the Project
under this Agreement.
SECTION 8. If RECIPIENT and STATE determine at any time during
the performance of the Project, that the Project budget may be exceeded,
RECIPIENT shall take the following steps:
(1) Notify the designated STATE representative of the nature and
projected extent of the overrun and,within a reasonable period
thereafter, identify and quantify potential costs savings or other
measures which will bring the budget into balance,
(2) Schedule the projected overrun for discussion at the next
subsequent Quarterly Review meeting, and
(3) Identify the source of additional RECIPIENT funds which can
be made available to complete Project.
Agreement No. FTA08A04
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(4) If an increase in State funding is potentially necessary
because the initial budget may be exceeded, then, after obtaining
STATE preapproval, RECIPIENT shall prepare a request to
the CTC for an additional allocation of State fwnlds.
ARTICLE V. GENERAL PROVISIONS
SECTION 1. In the performance of work under these provisions,
RECIPIENT, its contractor(s) and all subcontractors shall not unlawfully
discriminate,harass or allow harassment against any employee or applicant for
employment because of sex, race, color, ancestry, religious creed,national origin,
physical disability (including HIV and AIDS) mental disability, medical
condition (cancer), age (40),marital status, and denial of family care leave.
RECIPIENT, its contractor(s) and all subcontractors shall ensure that the
evaluation and treatment of their employees and applicants for employment are
free from such discrimination and harassment. RECIPIENT, its contractor(s)
and all subcontractors shall comply with the provisions of the Fair Employment
and Housing Act (Government Code, Section 12900 et seq.) and the applicable
regulations promulgated thereunder (California Code of Regulations, Title 2,
Section 7285.0 et seq.). The applicable regulations of the Fair Employment and
Housing Commission implementing Government Code, Section 12900 (a-f), set
forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations
are incorporated into this contract by reference and made a part hereof as if set
forth in full. Contractor and its subcontractors shall give written notice of their
obligations under this clause to labor organizations with which they have a
collective bargaining or other agreement. This RECIPIENT shall include the
non-discrimination and compliance provisions of this clause in all subcontracts
to perform work under this Agreement.
SECTION 2. RECIPIENT, its contractor(s) and subcontractors will permit
access to all records of employment, employment advertisements, application
forms, and other pertinent data acid records by the State Fair Employment
Practices and Housing Commission, or any other agency of the State of California
designated by STATE,for the purpose of investigation to ascertain compliance
with Section 1 of this Article V.
SECTION 3. RECIPIENT agrees to insert, in appropriate contracts,
clauses to the effect of Sections 1 and 2 of this Article V and the California Labor
Code requirements that all workers employed on public works will be paid not
less than the general prevailing wage rates predetermined by the Department of
Industrial Relations.
SECTION 4. Should Public Contract Code Sections 10115 et sec . be
applicable to RECIPIENT, RECIPIENT will meet, or make good faith efforts to
meet, the following Minority Business Enterprises/Women Business
• Agreement No. FTA08A04
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Enterprises/Disabled Veterans Business Enterprises goals or REIPICENT'S
applicable goals in the award of every contract for work to be performed under
these Provisions:
Minority Business Enterprises - 15%
Women Business Enterprises - 5%
Disabled Veterans Business Enterprises -3%
RECIPIENT shall have the sole duty and authority under this Agreement
to determine whether good faith efforts were sufficient as outlined in Public
Contract Code Sections 10115 et sec .
SECTION 5. To the extent that RECIPIENT is subject to the provisions of
Government Code Section 4450 et sec.. , RECIPIENT shall submit plans and
specifications for buildings, structures, sidewalks, curbs and related facilities to
the State Department of General Services for approval prior to Construction.
SECTION 6. Neither STATE nor any officer or employee thereof shall be
responsible for any damage or liability occurring by reason of anything done or
omitted to be done by RECIPIENT, its agents and contractors, under, or in
connection with any work, authority, or jurisdiction delegated to RECIPIENT
under this Agreement or as respects environmental clean up obligations or duties
of RECIPIENT relative to a Project. It is also understood and agreed that,
pursuant to Government Code Section 895.4, RECIPIENT shall fully indemnify
and hold STATE harmless from any liability imposed for injury (as defined by
Government Code Section 810.8) or environmental obligations or duties arising
or created by reason of anything done or imposed by operation of law or
assumed by, or omitted to be done by RECIPIENT under or in connection with
any work, authority, or jurisdiction delegated to RECIPIENT under this
Agreement.
SECTION 7. RECIPIENT is obligated,in perpetuity, to continue
operation of the Project dedicated to the public transportation purposes for
which the Project was initially approved. The Project right of way,the Project
facilities constructed or reconstructed on the Project site and/or Project property
purchased (excluding construction easements and excess property whose
proportionate resale proceeds are distributed pursuant to this Agreement) shall
remain dedicated to public transit use in the same proportion and scope and to
the same extent as described in this Agreement and related Bond Fund
Certification documents if applicable. Equipment acquired as part of the Project,
including rail passenger equipment and ferry vessels shall be dedicated to that
passenger use for their full economic life cycle, including any extensions of that
life cycle achieved by reconstruction, rehabilitation or enhancements.
Subsequent fund allocations for this Project,if any, will be identified by phase
and will be described in detail in an Amendment to this document.
• Agreement No. FTA08A04
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SECTION 8. To the extent that RECIPIENT operates and maintains
Intermodal Transfer Stations, RECIPIENT shall: maintain the station and its
appurtenances,including,but not limited to, restroom facilities, in good
condition and repair, and in accordance with high standards of cleanliness; upon
request of the STATE, authorize state-funded bus service to use the station
without any charge to the department in the placement of signs and
informational material designed to alert the public to the availability of the state-
funded bus service. (For the purpose of this section, "state-funded bus service"
means any bus service funded pursuant to Public Utilities Code, Section 99316.)
SECTION 9. RECIPIENT shall,for the purposes of any State bond funded
right of way acquisition which will become a permanent part of the Project (such
acquisitions exclude construction easements,property allocated to matching
funds, and excess property purchased with State funds whose resale proceeds
are returned or credited to STATE), maintain ownership of such Project property
for a minimum of twenty years or until the bonds have matured, whichever
occurs first,before transferring or selling such property, subject to the credits due
STATE as provided in Article V, Section 10 herein below.
SECTION 10. Except as otherwise set forth in this Section 10, STATE, or
any assignee public body acting on behalf of the CTC, shall be entitled to a
refund or credit, at STATE's sole option, equivalent to the proportionate funding
participation by STATE and other NON-RECIPIENT generated public funds
towards Project acquisition or construction in the event that RECIPIENT ceases
to utilize the Project for the intended public transportation purposes or sells or
transfers title to or control over the Project. Such refund or credit to STATE shall
not be required, subject to STATE approval of that intended use, if RECIPIENT
dedicates the proceeds of such sale or transfer exclusively to STATE approved
public transportation purposes which are also subject to this credit due STATE if
subsequently sold or transferred or, in the case of proceeds attributable to NON-
STATE, NON-RECIPIENT funding, such proceeds are returned to the funding
entity or otherwise expended according to the funding agreement with such
entity. STATE shall also be granted an acquisition credit for future purchases or
condemnation of all or portions of the Project by STATE. The refund or credit
due STATE will be measured by the ratio applied to the then fair market value of
the Project property acquired.
SECTION 11. RECIPIENT should be on notice that the Federal Transit
Administration ("FTA", previously "UMTA") does not share in any revenue
stream from projects which it has participated in. However,FTA does require
that it specifically approve private and incidental uses of its funded projects to
assure that they do not adversely impact transit use. In FTA funded projects,
revenues that are derived from these private and incidental uses must be
documented, are subject to audit and are required to be applied to transit
purposes. FTA circular 5010.1A provides program management guidelines.
Agreement No. FTA08A04
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SECTION 12. The Fund Transfer Agreement, these Provisions, the CTC
Resolutions, the Project Description and the Scope of Work document approved
by STATE constitute the entire terms of the grant Fund Transfer Agreement
between the parties for the work to be performed pursuant to this grant and all
subsequent grants awarded to this Project. The Project Description and/or the
Scope of Work document may be modified, altered or revised only by a written
Amendment between RECIPIENT and STATE.
SECTION 13. Additional funding for subsequent Project Phases may be
granted through amendments to this Agreement. A new CTC allocation
resolution will also be required following the submission by RECIPIENT of an
acceptable supplementary Scope of Work document and, when necessary, a
revised Project Description.
ARTICLE VI. BOND PROVISIONS
SECTION 1. If Project funding is being provided in whole or in part
pursuant to the Clean Air and Transportation Improvement Act of 1990 (Prop.
116),the following additional provisions apply to RECIPIENT:
(a) Where RECIPIENT's Project includes a commuter rail project
within the meaning of Prop. 116, RECIPIENT shall coordinate and share with
other public transit operators any rail rights-of-way, common maintenance
services and station facilities used for intercity and commuter rail. Intercity and
commuter rail services shall be coordinated with each other,with other providers
and with freight traffic to provide integrated rail passenger and freight services
with minimal conflict.
(b) RECIPIENT agrees that all passenger rail and water borne ferry
equipment and all facilities acquired or constructed pursuant to this Agreement
shall be accessible to persons with physical disabilities,including wheelchair
users. All passenger vehicles and vessels acquired pursuant to this Agreement
shall be accessible to wheelchair users at all stops,stations and terminals,
whether or not staffed.
(c) RECIPIENT (other than the transit operator identified in
Sections 99633 and 99634 of the Public Utilities Code) shall require that all
intercity and commuter rail cars purchased conform to the California Rail car
specifications developed by STATE as specified in the Clean Air and
Transportation Improvement Act.
Section 2. RECIPIENT shall not loan any portion of bond proceeds
represented by this grant to any private (including nonprofit) person or business.
For this purpose a "loan" includes any arrangement which is the economic
equivalent of a loan, regardless of how it is named.
Agreement No. FTA08A04
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Section 3. Except as provided in this Article Vl, STATE and RECIPIENT
agree that any costs of the Project:acquired or constructed by RECIPIENT
allocable to portions of the Project which are subject to any property interests
held by a nongovernmental person(s) in connection with business activities, such
as easements, leases, or fee interests not generally enjoyed by the public,
(hereafter referred to as Nongovernmentally Used Property or "NUP") shall, for
accounting and bookkeeping purposes,be allocated to funding sources other
than the State bond funds. For purposes of making such allocations, the costs
attributable to NUP involving a sale, easement, lease or similar arrangement shall
be determined on the basis of a fair allocation of value, which may include
determinations based upon square or cubic footage/acreage of the area
encumbered by the lease or easement relative to the total area acquired or
constructed if all such area is of approximately equal value.
NUP will include,but is not limited to,property which is sold (including
sales of air and subsurface rights) and property subject to easements, leases or
similar rights. A rail right of way will not be treated as NUP solely as a result of
a Freight Use Easement retained by the seller of the right of way to RECIPIENT,
provided that the sales agreement appropriately excludes the Freight Use
Easement from the property or rights being acquired. Further,notwithstanding
anything in this Article VI to the contrary, RECIPIENT may allocate grant funds
to the cost of any NUP if(i) neither RECIPIENT nor any other governmental
entity will receive, directly or indirectly, any payments from or on behalf of the
nongovernmental user of the NUP, or (ii) the payment from such user does not
exceed the operation and maintenance costs fairly attributable or allocable to the
nongovernmental use of the NUP.
Section 4. RECIPIENT shall request, in writing, STATE's advance
approval if grant funds are to be allocated to any NUP, except "incidental use"
property described below. If property, the costs of which have previously been
allocated to grant funds, is to become NUP before the State bond funds are fully
paid or redeemed,then RECIPIENT may allocate the costs of such property to
another funding source as provided in Section 3 of this Article VI, or obtain
STATE's approval that the allocation of the costs of such property to the grant
funds may remain. It is anticipated that STATE approval will be granted if,
taking into account the existing and expected uses of the proceeds of the State
bonds, the STATE determines that the continued tax-exempt status of the State
bonds will not be adversely affected and that the use of the property is consistent
with the Project and its described purpose.
For purposes of these Articles VI Section 3 fund source allocations,
RECIPIENT does not have to take into account as NUP those "incidental uses" of
the Project (such as, for example, advertising billboards,vending machines,
telephones, etc.) which meet requirements of federal tax regulations (IRS Notice
87-69 or any successor thereto). In general such Notice requires that the
Agreement No. FTA08A04
Sheet 12 of 12
incidental use not be physically separated from the rest of the Project and not
comprise in the aggregate more than 2-1/2% of the costs of the Project.
Section 5. If RECIPIENT enters into a management contract with a
private party (including AMTRAK) for operation of rail, ferry or other
transportation services in connection with the Project, it will either (a) obtain
approval from Bond Counsel acceptable to STATE that the terms of the
management contract meet the requirements of Internal Revenue Service
Revenue Procedure 82-14 (as supplemented or amended) or any successor
thereto (dealing generally with guidelines for when management contracts may
be deemed not to create a "private use" of bond-financed property) or are
otherwise acceptable; or (b) be prepared to certify upon request of STATE that
the revenues which RECIPIENT (or its manager) will receive directly from the
operation of transportation services in connection with the Project (but not
including any subsidy of the transportation operation from taxes or other outside
fund sources) are for any fiscal year less than the ordinary and necessary
expenses directly attributable to the operation and maintenance of the
transportation system (excluding any overhead or administrative costs of
RECIPIENT). In any year for which option (b) will not be true, RECIPIENT
shall consult Bond Counsel acceptable to the State Treasurer's Office to obtain
approval of the management contract or an opinion that the circumstances
present will not adversely affect the tax-exempt status of the bonds.
Section 6. If RECIPIENT receives any revenues or profits from any NUP
allowed pursuant to this Article DTI (whether approved at this time or hereafter
approved by STATE), RECIPIENT agrees that such revenues or profits shall be
used exclusively for the public transportation services for which the Project was
initially approved, either for capital improvements or operating costs. If
RECIPIENT does not so dedicate the revenues or profits,a proportionate share
shall (unless disapproved by Bond Counsel)be paid to STATE equivalent to
STATE's percentage participation in the Project.
ATTACHMENTS
ATTACHMENT I PROJECT DESCRIPTION
ATTACHMENT II CTC ALLOCATION RESOLUTION
ATTACHMENT III SCOPE OF WORK
ATTACHMENT IV SCOPE OF WORK APPROVAL
ATTACHMENT V CTC RESOLUTION G-91-2
ATTACHMENT VI RECIPIENT RESOLUTION
• AGIEMENT NO. FTA0SA04
ATTACHMENT I
SHEET 1 OF 2
PALM SPRINGS INTERMODAL TRANSPORTATION CENTER
Phase II
Project Description/Level of Service
This project includes the completion of construction of a Rail
Station at milepost 588 . 1 of the Southern Pacific/Yuma main line
within the Coachella Valley. This site is approximately one-half
mile south of Interstate 10 and west of Indian Avenue in the City
of Palm Springs . The site would be accessed via Garnet Station
Road. The City has already obtained approvals from both Amtrak
and the Southern Pacific Transportation Company regarding the
location of the station.
The complete project includes the construction of a 14 x 700 foot
concrete platform with lighting, a surface parking lot and
lighting, a passenger waiting shelter, bus/RV stalls and
associated landscaping. The station is being constructed on 14 . 3
acres of land purchased by the City. The City intends on
developing the project in phases . Phase 1, which is out to bid
and expected to be completed by December 1996, consists of design
and construction of the platform with supportive parking within
the Southern Pacific easement area. Phase II, this funding
request, would include the design and construction of an enclosed
passenger waiting facility with special emphasis on close
interface for shuttle bus passenger interchange, additional site
and parking improvements, landscaping and wind breaks, and
completion of utilities for the site.
The station would serve the existing Amtrak "Sunset Limited. "
The "Sunset Limited" provides transcontinental superliner service
between Los Angeles - New Orleans - Miami three days per week.
With this new station, there is a possibility Amtrak with operate
additional service.
The Riverside County Transportation Commission has proposed the
development of daily passenger rail service within the Coachella
Valley corridor between Los Angeles and Imperial County (Los
Angeles - Coachella Valley - Imperial County Intercity rail
Feasibility Study, December 1991) . Pending a determination of
CalTrans Division of Rail staff, the Palm Springs Station would
not only service Amtrak passengers but passengers for the
proposed Los Angeles - Coachella Valley service.
Based on the existing levels of service operated by Amtrak within
the corridor, it is estimated that the station would be
patronized by approximately 90 intercity rail persons per week.
AGREEMENT NO. FTA08A04
ATTACHMENT I
SHEET 2 OF 2
Palm Springs is the center of the desert' s resort and
recreational activities . Almost 500 of the hotel rooms in the
Coachella Valley are located in Palm Springs . It is expected
that hotel room sales will continue to grow as the desert ' s
tourist industry is marketed on an international basis by the
Palm Springs Desert Resorts Convention and Visitor' s Bureau.
Bureau estimates indicated that two million individuals visit the
Coachella Valley each year .
The permanent population of the City of Palm Springs in 1991 was
42, 050, a 30o increase from 1980 . During the winter peak season,
another 35, 000 people live in the City. By 2000 and 2010, the
City is projected to grow to almost 60, 000 and 75, 000
respectively.
• PAESEOBY
CAUG %�
TRANSPORTATIONCOWM WN
CALIFORNIA TRANSPORTATION COMMISSION
Commission Project Allocation Approval
Mass Transportation Bond and TCI Projects
Resolution No. MFP-96-09
1.1 WHEREAS, the California Transportation Commission (Commission) has adopted an
annual Transit Capital Improvement (TCI) Program for mass transportation capital
purposes, and the electorate enacted both Proposition 108, the Passenger Rail and Clean
Air Bond Act of 1990, and Proposition 116, the Clean Air and Transportation
Improvement Bond Act of 1990 in the June 1990, election authorizing the sale of general
obligation rail bonds for rail transit purposes; and
1.2 WHEREAS, the Palm Springs Intermodal Station Project (the Project), further detailed in
Attachment A, as component phases or in its entirety, appears on the necessary State
capital projects funding list(s) and is entitled to participate in this allocation; and
1.3 WHEREAS, the City of Palm Springs (the Recipient) is committed to providing any
required local matching funds and to fully fund implementation of the Project in
compliance with grant or bond funding requirements or, if Recipient meets that criteria, in
compliance with the conditions of Commission Resolution G-92-14, "Guidelines for the
Deferral of the Commission's Proportional Expenditure of State Funds Policy".
1.4 WHEREAS, the Commission has established a "Hazardous Waste Identification and
Clean-up Policy" (G-91-2) which requires the Recipient(s) to perform, with diligence, the
process of identification and remediation of any hazardous waste in the right-of-way,
easements and properties.
1.1 NOW THEREFORE BE IT RESOLVED, that a total of $631,650 in Transportation
Planning and Development (TP&D) Account funds be allocated from the FY 1995-96
Transit Capital Improvement Program to the Recipient for the Project, as detailed in
Attachment A; and
2.2 BE IT FURTHER RESOLVED, that the transfer of funds for the Project shall be
governed by a fund transfer agreement, and subsequent amendments to the same if
required, executed between the Recipient and the Department of Transportation
(Department); and
2.3 BE IT FURTHER RESOLVED, that the Recipient shall provide the Department with an
updated expenditure plan on a quarterly basis by category including any proposed changes
for the balance of all funded Project allocations commencing with the first quarter; and
CTC Resolution No. MFP-96-09*
�
n r� August 28 , 1996
Page 2
2.4 BE IT FURTHER RESOLVED, that this Commission shall be entitled to a then present
value refund, or credit, at St.ate's option, equivalent to the proportionate funding
participation by the State towards the Project in the event that Recipient, or successor
public entities, fail or cease to utilize the Project property for the intended public passenger
rail purposes or sells or transfers title to the Project. The credit due the Commission in
each instance, will be measured by the ratio of State and other public funding to that
provided from Recipient. That ratio will be applied to the fair market value of the Project
property; and
2.5 BE IT FURTHER RESOLVED, that an allocation for the Project is subject to the
following conditions and assurances:
A. Reimbursements of eligible costs are subject to the terms and conditions of the
executed fund transfer agreement;
B. Pursuant to the Commission's Financial Guidelines,the grant recipient must complete
the work to be reimbursed and the actual reimbursement by June 30, 1999, unless the
Commission authorizes a waiver that extends, if permitted by statute, the period of
availability of the funds.
Attachment
1
RESOLUTION MEP -96-09 ATTACHMENT A
ALLOCATIONS FOR NEW RAIL BOND AND TRANSIT CAPITAL IMPROVEMENT PROJECTS August 48-1996
Agenda Item 2.6A(2)
--------
FUNDINGS: TCl/FCR FUNDS BOND FUNDS NON-STATE FUNDS SUMMARY
SHA TOTAL: 0 108 TOTAL: 0 FED TOTAL: 0 STATE TOTAL: 631,650
TPD TOTAL: 631, 650 116 TOTAL: 0 LOC TOTAL: 631,650 PROD TOTAL: 1,263,300
-------------------------------------------------------------------------------------------------------------------------------
RECIPIENT: CITY OF PALM SPRINGS
Project Title: PALM SPRINGS INTERMODAL STATION PROJECT
CURRENT ALLOCATION St. & Hwy (108) EA Number Plan Yr ALM Resoln Bgt. Act & Chpt. Program Cd
Fund Amount PUC Code (116) PA No Appr Yr ALM Amount Project Type Budget Item No Expend Cat.
TPD 631,650 5127A 0001-BN INTERMODAL 1995 CHAPTER 303 30.20.050
1995-96 0 101-046 LOCAL ASSIST.
This allocation is a FULL allocation of the pgm/app amount District: 08 County: RIVERSIDE Environ Stat: SE
AGREEMENT 140. FTA08A04
ATTACHMENT III
SHEET 1 OF 3
PALM SPRINGS INTERMODAL TRANSPORTATION CENTER
Phase II
Scope of Work
Item Costs Assumption
Capital Improvements :
Administration/Management $75, 000 . 00 6% of construction cost
Design/Engineering 120, 000 . 00 Architect & Civil
Street Improvements 75, 000. 00 Circulation completion
Platform/Shelters 58, 300 . 00
Parking/Development 150, 000 . 00 Auto & Bus
Passenger Building 400, 000 . 00 Enclosed shelter &
restrooms
Utilities 250, 000 . 00 Water, sewer,
electricity and phone
Landscaping/Windbreaks 75, 350 . 00
Contingency 60, 000 . 00 Approximately 5%
Total $1, 263, 650 . 0-0
AGREEMENT NO. FTA0BA04
ATTACHMENT III
SHEET 2 OF 3
PALM SPRINGS INTERMODAL TRANSPORTATION CENTER
PHASE II
PROJECT DEVELOPMENT SCHEDULE
Project Component Start Date Completion Date
Preliminary Design 9/96 11/96
Preliminary Design Approval 11/96 12/96
Final Design & Contract Preparation 12/96 4/97
Final Design Approval 4/97 4/97
State/Local Approval to Award 4/97 6/97
Advertisement & Bid 6/97 8/97
Bonds/Insurance Contract Signed 8/97 9/97
Construction 9/97 4/98
Staff Administration Time 7/96 4/98
Staff Inspection Time 9/97 4/98
Contingency 9/96 4/98
Complete Project 4/98
AGREEMENT NO. FTAOBA04
ATTACHMENT III
SHEET 3 OF 3
PALM SPRINGS INTERMODAL TRANSPORTATION CENTER
Project Financial Plan (PHASE II)
Cash Flow Expenditure
PROJECT Prior Carrert "Itar FY/Qtr FY/Qtr FY/Qtr FY/Qtr FY/Q1r FY/Qtr FY/Qtr Project
SUMMARY Alloutlon Rrqunt 96197 %/97 96/97 96197 97/98 97/99 97199 97/98 Total
1 2 3 4 1, 2 3 4
STATE
TCI 482,350 631,650 15,000 20,000 20,000 20,000 5,000 10,000 341,650 200,000 1,114,000
PRBF
(Prop 109)
AB 973
Prop 116
FCR
State-Local
Partnership
TSM(CMAQ)
ISTEA(STP)
Other(Specify
Source)
LOCAL
Match for TCI 482,350 631,650 15,000 20,000 20,000 20,000 5,000 10,000 341,650 200,000 1,114,000
Match for AB
973 —
Match for Prop
116
Match for TSM
CMAQ
STP
Other(Specify
Source)
FEDERAL
FTA Section 0
FTA Section 3
Demonstration
Other Specify
Source)
TOTAL 964,700 1,263.300 30,000 40,000 40,000 40,000 10,000 20,000 683,300 400,000 2,228,000
OPREEMENT NO. FTAOSA04
ATTACHMENT IV
SHEET 1OFI
Name of Recipient: City of Palm Springs
Name of Project: Palm Springs Intermodal Station
Resolution Number: MFP-96-09
Date of Resolution: August 14, 1996
Amount of Allocation: $631,650
Fund Source: TCI
Expiration Date of Funds: June 30, 2000
SCOPE OF WORK APPROVAL:
The Department of Transportation hereby certifies that the attached "Scope of Work" document has
been submitted by the recipient named above and that its description of tasks to be accomplished with
the allocated funds is complete and in conformance with the allocating resolution specified above.
�zy %�
1 'ct 'vision Chief ate
Planning and Public Transportation
TCI MONEY
SOUR E CHAR E EXP AUTH SPE IAL OESI NAf10N EN UMBRANCE
GENLED SUBAC SBOBNO It WI'ARCELNO OB7ECr AMOUNT M FISCAL DOCUMEM
DI4 L'Na UISI UNIT tV RK ORUCR NO LOCATION BRIDGE NO CR YEAR III NUMBER
3 4 G / G SO 00 9 b N+ 'rT ql 8 3 r` r}
I hereby certify upon my own personal knowledge that SIGN AI ORE OF ACCOUNT FFICEa DATE
budgeted funds are available for the period and purpose of
the ex enditure stated above. c�
ITEM /-Q CHAPrEIt STATUTES 9 FISCAL YEAR
S
108 BOND MONEY
SOUR E CHARGE EXPAUI'H SFECIALDESIGNATION ENCUMBRANCE
GEN LED EUtl AC LT SUB OBNO RWPARCCLNO OBJECT AMOUM QB FISCAL DOCUMENT
DI LNR UISI' UNU W RA RUER NO LOCATION 6RIDGL O CR YEAR NUMBER
I hereby certify upon my own personal knowledge that SIGNATURE )ACC UMW OFF".. UATE
budgeted funds are available for the period and purpose of
the ex enditure stated above.
ITEM HAPFER STATUTES FI AL EAR
116 BOND MONEY
=own
AR E EXPAUTH SPECIALUEEI NATI N ENCUMBRANCE
GENLED SUBAC SUBIOBNO R/WPARCELNO OBIECr AMOUNT Im FISCAL DOCUMENT
UNII \VORK ORDERNO IUCATIDN Blil ENO CR YEAR NUMBER
Iify upon my own personal knowledge that 51GNATUREOF Ac OUNHNG OFFICER DATE
s are available for the period and purpose ofre stated above.CHAPTER SI AIUfEE II"AL YEAR
AMOUNT ENCUMBERED BY THIS DOCUMENT $
PRIOR AMOUNT ENCUMBERED $
TOTAL AMOUNT ENCUMBERED $
Ttftfffit . FTAMAI h-
Amc wEw
E Fta 2 1 1991
cu.�xu
TaaxSIOXTJTI cosr1631(
CAL:FORNiA TRANSPORTATION COMMISSION
R=SOLUTION G-9i-2
Caerminsien Policy Resolution for Hazardous Waste Identification
and Cleanup for Rail eight-of-Way
WHSR=AS, the Commission has programmed funding for rail right-of-way ac:uieiticn
in the 1990 State Transportation Improvement Program and may allocate funds for
rail right-cf-way acquisition tram the Clean Air and Tranamortation Improvement
Act; and
WHEREAS, hazardous wastes, batted upon federal and state statutes and regulations,
Include but are not limited to such categories as heavy metals, ,(e.g. , lead) ,
inorganic (e.g. , excessive mi:ieral levels) and organic compounds (e.g. , petroleum
products) , and can occur on a property's surface and subsurface; and
WHEREAS, rail properties often have hazardous wastes exceeding State of
California and federal hazardous waste standards; and
WH£R£AS, much properties contaminated with hazardous wastes _acuire mitigation
Prior to using them for rail purposes; and
WH£R£AS, hazardous wastes discovered on rail property may significantly impact
Property value, project scheduling and future liability for the grant applicant;
and
WHEREAS, the Commission must be assured that acquisition of rail prooertlea have
been fully reviewed by the grant applicant, and if warranted, the grant applicant
ham temted for hazardous wastes; and
WHEREAS, if hazardous wastes exist, the Commission must be assured that the
hazardous wastes identified has either been cleaned up, or financial
respanslbility for the cleanup has been determined prior to title transter to- the
grant applicant, or eaeemenz has been secured is lieu of purchasing the property,
and the subsurface rights and liability for hazardous wastes remain with the
Property seller; and
WHEREAS, hazardous wastes identified subsequent to title transfer to the grant
applicant will be cleaned uo by the seller or a mechanism to recover cleanup
courts is established and executed As a condition prior to title transfer, and
WH=R=AS, full due diligence is neaeaaary in discovering hazardous waste and is an
essential dement in acquiring rail right-of-way properties by the grant
applicant; and
HOW THEREYCR3 9E IT RESOLVpO, that acquisition of all rail right-of-way
2r00ert1ee will be fully investigated by the grant applicant to determine the
absence/presence of hazardous wastes. Investigations shall be conducted in
accordance to the standards and practices of the local, state and/or federal
regulatory agencies having Jurisdiction and by personnel adequately trained in
hazardous waste investigation; and
AGREEMENT NO. FTAOSA04
ATTAaworr
She., a F a.
BE IT FURTHER RESOLVED, that all properties, discovered with hazardous wastes
which exceed the federal/scats standards, will be cleaned up to the satisfaction
of the responsible local, state and/or federal regulatory agency. The
appropriate regulatory agency shall certify to grant applicant that the cleanup
has been completed; and
BE IT FURTHER RESOLVED, that the grant applicant will certify by formal
resolution to tha .Ccmmisaion ',:hat all raaaonable steps have been completed to
assure full due diligence In the discovery of hazardous waste ham been achieved
during the acquisition of rail right-cf-way and the state is held harmleea !ram
cleanup liability or damages, both present and future; and
BE IT FURTHER RESOLVED, that the grant applicant will certify by formal
resolution that it will not seek further State funding, for cleanup, damages, or
Liability cost amsoclazed with, hazardous wastes on or below acquired property' a
Surface; and
HE IT ?UR.HER RESOLVED, that the grant applicant will certify to the Commission:
0 that all rail right-of-way acquisition properties have been investigated
and have been found clean]
0 or that the cleanup of discovered hazardous waste has been completad prior
to acquisition of the property;
o or that the grant applicant has obtained permanent eaaamcat and the
suceurface rights and liability and full respgneibil±ty to pay for and
remove such hazardous waace remains with the seller in conformance with
applicable State and ?ederal lawn
0 or if hazardous wastes are known to exist prior to acquisition and if the
applicant determines that time is of the essence for acquisition, then and
In that event, an enforceable agreement will be entered Into requiring the
responsible party(ion) to clean all hazardous wastes by a date curtain,
with the option of funds sufficiant for the clean-up costs deposited in
escrow by the seller.
In the event of failure to clean up by the date determined, the recipient of the
grant will make full restitution to the State for its participation. This
resolve does not preclude the recipient from requesting re-allocation not to
exceed the refunded amount after the hazardous waste(s) have been fully removed
from the Subject site; and
9E IT FURTHER 3LSOL'•/ED, that the grant applicant will cart±fy to the cmmmia&ion
that the seller from whom properties have been acquired retain liability for any
hazardous waste investigation and/or cleanup, and damages discovered subsequent
to the transfer of title) and
flE IT FURTHER RESOLVED, the Commission declares all future liability resulting
from hazardous wastes remain with the seller or the grant applicant, not the
state, and the grant applicant has been indemnified by the &;liar for any costs
rasulting from failure to eliminate hazardous wastast and
.� 3E IT ?URTHER RE50LVE7, no ataea funds wiii be made available for any future
\ costs associated with cleanup, damages, or liability coats associated with
hazardous wastes on or below the acquired property' s su'ttata.
AGREEMENT NO. FTAOSA04
RESOLUTION NO. 18`347 i
OF THE CITY COUNCIL' OF THE CITY OF
PALM SPRINGS, CALIFORNIA AUTHORIZING
A LOAN OF $1.150 MILLION FROM THE
WASTEWATER TREATMENT PLANT F11WD FOR
THE CONSTRUCTION OF A TRAIN STATION
WHEREAS, the City has submitted an application to the
California Transportation Commission for a Transit Capital
Improvement Grant ("Grant") to provide for Sot of the cost for the
construction of a train station Within the City) and
WHEREAS, an part of the application the City is required to
commit funds to match the grant? and
WHEREAS, the City's Patching commitment will be in the amount
of 01.15D Million, t0 he leaned from the Wastewater Treatment Plant
fund for this purpose; and
WHEREAS, the construction of a train station is deemed to be
of benefit to the community as a whole,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
city of Palm Springs, as followst
Section 11 A commitment to hereby made to match the
California Transportation Commission Transit
Capital Improvement Grant in the amount of
$1.15D Million.
Section 2: Source of funding said commitment shall be a
loan from the Wastcwater Treatment Plant fund
to the Capital Projects fund with an interest
rate of 5% per annum, payable over 30 years,
with payments co)Imencing one year after
completion of construction of the station and
annually thereafter.
Section 31 The City Manager in hereby authorized to
execute, on behalf of the City, all documents
necessary as part of this project in a form
approved by the City attorney.
ADOPTED this 9til „day of March , 1994.
AYES., Councilmembers Lyons, Hodges, Roller-Spurgin, Schlendorf A Mayor Maeyanov
NOES. None
A09ENTS None
ATTEST? slJ. Sumach CITY OF PALM SPRINGS, CALIFORNIA
5/ Rob Parkins
By
City Clark City Manager
REVIEWED 4 APPROVED a
1 IIERERY CE Tit` THAT TI FOREGOING 1S A TRUE COPY OF
RP.SOLUTIO), ._,Lc T DULYAWPfEI)DYTIIE
CITY COUNCIL OF THIS CITY OF PALAI RPRI 4 IN A 8F,1'NO
T1IEREOFIIELDONT)SH I�AYoi,
DATEDA AL)l EPAR CALI RN1A
TIH5�=DAY OF
00my CITY CLERI
CITY OF PALM 8PII1N
W AGREEMENT NO. FTA08A04
' RESOLUTION NO. _1 •48
OF THE CITY COUNCIL- Or THE CITY OF
, PALM SPRINGS, CALIFORNIA AMENDING -- ~"
THE BUDGET FOR THZ 1993-94 FISCAL
YEAR
'WHEREAS, Resolution 18129, approving the budget for the fiscal
year 1993-94 was adopted on June 23, 19931 and
WHEREAS, the City Manager has reeozenended, and the city
Council desires to approve, certain asendwents to raid budgetl
NOW, THEREFORE, BE IT RESOLVED, that the Director of Finance
is authorised to record inter-fund cash transfers an required in
accordance with this Resolution, and that Resolution 19129,
adopting the budget for the 1993-94 fiscal year is hereby amended
as followst
SECTION 1. ADDITIONS
FUND ACTIVITY ACCOUNT AMOUNT
No. 161 0496 7890 $1.15 Million
caoital
Titlez Projects Land Acquisition Jain Station
Purposet Construction of train station and Land Acquisition.
SECTION 2. SOURCE Lawn from WWTP fund for 30 years at 5% annual
interest. Annual debt service in $72,533.
FUND ACTIVITY ACCOUNT AMOUNT
No. 342 118 fl.15 Million
Wastewater Treat-
Title. munt Plant Notes Receivable
ADOPTED this 9th _day of March 1994
AYESt Councilmembers Lyons, Hodges. Reller-Spurgin. Schlendorf k Mayor Naryanov
NOES: None
ASSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By 1 Sumach S/Rob Parkins
C1 y C er city Manager
REVIEWED i APPROVED
I HEREBY CFIITIFY THAT I FOn1;C01N0 18 A TRUE COPY OF
RESOLUTION Nv.�_„_DULY ADOPTED BY TIIF
CITY COUNCII,OF TNi,CITY PALM SPRITS IN A EEI'NO
TIIF,REOF I IELO ON TIIF UFZ, /�9,
DATED AT�'ALM RPRIN��,y9CALIF RNIA
THI6.�. n' DAYOF. A
D»CITY CLEAN yo
CITY OF PALM 8PRIN ,CALIFORN1A