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HomeMy WebLinkAboutA3656 - CALTRANS RAILWAY STATION TRAIN r Agreement No. FTAOSA02 Sheet 1 of 3 Department of Transportation STATE OF CALIFORNIA Rail Station 1st Phase Grant DEPARTMENT OF TRANSPORTATION AGREEMENT #3656 FUND TRANSFER AGREEMENT R18180, 9-15-93 CM Signed, 11-30-94 INITIAL DOCUMENT 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_November 30, 1994 RECIPIENT City of Palm Springs TITLE OF COMPLETE PROJECT Palm Springs Intermodal Transportation Center PHASE OF PROJECT OR COMPLETE PROJECT ❑ CTC ALLOCATION: RESOLUTION NO._ MFP-94-28 FISCAL YEAR 94 95 FUND AUTHORIZATIONS: FUND SOURCE AMOUNT FISCAL YEAR LAST EXPENDITURE DATE TO $482,350 94/95 November 30,1999 TERMINATION DATE OF AGREEMENT November 30, 1999 (In No Event Later Than Twelve [121 Months After Scheduled Project Operations Date) Agreement No. FTA08A02 Sheet 2 of 3 This Agreement, entered into 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-94-28 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 terns 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 terns 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 funds, 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. FTA08A02 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 III, 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. RECIPIENT 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 Standard Provisions of Grant. SECTION 12. The grant administrators for the parties shall be for STATE, the District Director of Transportation for the District in which the Project is located, and for RECIPIENT,its General Manager or Executive Director or Designee. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers. STATE OF CALIFORNIA CITY OF PALM SPRINGS DEPARTMENT OF TRANSPORTATION ` BY 40 BY +iy R. RUTH RO W .4PARKNS CONTRACT OWN City Manager ._,., i„�.u�,,,•�,,-`--=""� 0 Agre ,vent No. FTA08A02 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 for complying with the funding and use restrictions established by the statutes Agree rent No. FTAO8A02 Sheet 2 of 12 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 date of this Agreement, for which costs are to be credited toward the required Agree Went No. FTAO8A02 Sheet 3 of 12 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) 227-8787]. 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 the fund source, subject to the sale of bonds by the State Treasurer. In the event • Agr*ent No. FTA08A02 Sheet 4 of 12 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 auditors will be relied upon and used by STATE when planning and conducting additional audits. • Agretlent No. FTAO8A02 Sheet 5 of 12 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. Office of Management and Budget Circular A-102, Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments. c. 49 CFR,Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Any costs for which RECIPIENT 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 seq., 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. Agretent No. FTA08A02 Sheet 6 of 12 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. (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 Agre�ent No. FTAO8A02 Sheet 7 of 12 the CTC for an additional allocation of State funds. ARTICLE V. GENERAL PROVISIONS SECTION 1. In the performance of work under these provisions, RECIPIENT,its contractor(s) and all subcontractors will not discriminate against any employee or applicant for employment because of race, religious creed, medical condition, color, marital status, ancestry, gender, age, national origin, or physical handicap and actual or perceived sexual orientation (Government Code Section 12940 et seq.). RECIPIENT,its contractor(s) and all subcontractors will take affirmative action to ensure that applicants are employed, and that employees are treated during employment,without regard to their race, religious creed, medical condition, color, marital status, ancestry, gender, age, national origin, or physical handicap and actual or perceived sexual orientation . Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training,including apprenticeship. RECIPIENT, its contractor(s) and all subcontractors shall post in conspicuous places, available to employees and applicants for employment,notice to be provided by STATE setting forth the provisions of this section. SECTION 2. RECIPIENT, its contractor(s) and subcontractors will permit access to all records of employment, employment advertisements, application forms, and other pertinent data and 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 sew be applicable to RECIPIENT, RECIPIENT will meet, or make good faith efforts to meet, the following Minority Business Enterprises/Women Business Enterprises/Disabled Veterans Business Enterprises goals or RECIPIENT'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% Agregent No. FTA08A02 Sheet 8 of 12 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. 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- Agregent No. FTA08A02 Sheet 9 of 12 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. 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 RECIPIENTC and STATE. Agretent No. FTA08A02 Sheet 10 of 12 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. Section 3. Except as provided in this Article VI, 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 • AgrWent No. FTA08A02 Sheet 11 of 12 than the State bond funds. For purposes of snaking 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 G) 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 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 0 Agref ent No. FrA08A02 Sheet 12 of 12 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 VI (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 AGREEMENT NO. FTAO8A02 ATTACHMENT I Sheet 1 of 2 PALM SPRINGS INTER.MODAL TRANSPORTATION CENTER Project Description/Level of Service This project includes the construction of a Rail station at milepost 588 . 1 of the Southern Pacific/Yuma main line within the Coachella Valley. The 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 project includes the construction of a 14 x 700 foot 8 inches above rail concrete platform with lighting, a surface parking lot and lighting, a passenger waiting shelter, bus/RV stalls and associated landscaping. The station will be constructed on 15 acres of land purchased by the City. The City intends on developing the project in phases. Phase I would consist of design and engineering and the construction of the platform with a passenger waiting shelter and supportive parking within the Southern Pacific easement area. Phase II would include the construction of the station and the development of supportive facilities including a car rental agency, bus terminal, and other commercial/retail facilities. 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 will 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 by Caltrans Division of Rail staff, the Palm Springs Station would not only serve Amtrak passengers but passengers for the proposed Los Angeles - Coachella Valley service. AGREEMENT NO. FTA08A02 ATTACHMENT I Sheet 2 of 2 Project Description/Level of service (con't) 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. It is also anticipated that some additional patronage could be generated by stopping the Amtrak San Joaquin feeder buses at the Palm Springs station. Currently, these buses terminate in Indio. 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 indicate 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. AGREEMENT NO. FTA08A02 ATTACI[MENT II ' 1Y1&WDl Sheet 1 of 4 4 -rZ N TaANaPORTAWON COMlttfgpb CALIFORNIA TRANSPORTATION COMMISSION Commission Project Allocation Approval Mass Transportation Bond and TCI Projects Resolution No. MFP-94-28 1.1 WHEREAS, the California Transportation Commission (Commission) has adopted an annual Transit Capital Improvement Program (TCT)plan 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 City of Palm Springs Intermodal Facility ( 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'; and 1.4 WHEREAS, the Commission has established a "Hazardous Waste Identification and Clean-up Policy" (#G-91-2) which requires the Recipient(s) to have performed full due diligence in identifying and remediating any hazardous waste in the right-of-way, easements and properties. 2.1 NOW THEREFORE BE IT RESOLVED that a total of$482,350 in FY 1994-95 Transit Capital Improvement Program, i ransportatio❑ Planning and Development Account funds be allocated to Recipient for the Project, as detailed in Attachment A; and 2.2 NOW TI-TEREFORE BE IT FURT I R 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 Recipient and the Department of Transportation (Department); and 2.3 NOW THEREFORE BE IT FURTHER RESOLVED that Recipient shall provide the Department, for the balance of all funded Project allocations commencing with the fast quarterly review, an updated quarterly expenditure plan by category including any proposed changes; and AGREEMENT NO. FTA08A02 ATTACHMENT II Sheet 2 of 4 Commission Project Allocation Approval Mass Transportation Bond and TCI Projects Resolution No. MFP-94.28 November 30(December 1, 1994 Page 2 2.4 NOW THEREFORE BE IT FURTHER RESOLVED THAT, in any instance of rail bond financing of the Project, the Commission, acting on behalf of the State, by this Resolution intends: A. to cause and approve the issuance of taxable or tax-exempt State general obligation bonds under Proposition;; 108 or 116, as appropriate, to reimburse Recipient for the Project identified in Attachment A; B. to reimburse to Recipient expendituzes that shall not have been paid from the proceeds of any other tax-exempt indebtedness unless such prior indebtedness will be retired with the proceeds of such State monies; C. that this Resolution be a declaration of official intent of the State within the meaning of U.S. Treasury Regulations Section 1.103-17(c) with respect to the Project; D. that this Resolution will be continuously available to the public for inspection during normal business hours at its Commission Office, 1120 N Street, Sacramento, California, commencing not later than two weeks after the adoption of this Resolution; and 2.5 NOW THEREFORE BE IT FURTHER RP SOLVED that, in any instance of rail bond financing, an allocation for the Project is subject to the following conditions and assurances: A. completed bond sales authorized by the State Treasurer; B, completed bond certification from the Department,preferably by the time of Commission allocation action but not later than prior to execution of a fund transfer agreement; C. Recipient certification, delivered to this Commission, preferably by the time of Commission allocation action but not later than prior to execution of a fund transfer as- nt, that it will not adopt new or increased development taxes, fees, exactions or permit fees for the purpose of providing local matching funds; D. Recipient certification, in the form of a formal resolution of its Board delivered to this Commission, that when utilizing state funding for acquisition of property or for capital improvements on the Project, Recipient has exercised all due diligence in the discovery of hazardous wastes; that Recipient will enter into enforceable agreemem(s) with any and all owners of to-be-acquired properties for clean-up of hazardous wastes pursuant to the requirements of Resolution G-91-2 regarding Hazardous Waste Identification and Clean-up for Rail Right-of-Way; E. Recipient certification, in the form of a formal resolution of its Board delivered to this Commission, that when utilizing state-provided and other-than-state funding for acquisition of property or for capital improvements on the Project, Recipient shall agree to indemnify, defend and hold harmless the State,Department and the Commission from clean-up liability or damage, both present and future; and that no additional State funds will be requested for clean-up, damages. or liability associated with hazardous wastes on or below the acquired property; • • AGREEMENT NO. FTA08A02 ATTACHMENT II Sheet 3 of 4 (:ommrsston Project Allocation Approval Mass Transportatiou Bond and TCI Projects Resolution No, MFP-94-28 November 30fDeCeraber 1, 1994 Page 3 F. that in any instance of rail bond financing with Proposition 116 funds, the Proposition 116 Project Application date will be that after which project eligible costs can be incurred, with reimbursement subject to an executed fund transfer agreement; G. that Recipient shall provide the Commission with an "Evaluation of Property Report" by the time of Commission allocation action, in compliance with Commission Policy G-90-17, Rail Right-of-Way Review Policy, to be verified by the Department or its Agent; H. that Recipient shall post on the Project construction site(s) at least one sign, visible to the public, stating that the Project is partially funded with State grant rail passenger Mond funds; I. that Recipient has provided the Cotnrrdssion, after consultation with its staff and prior to the execution of a fund transfer agreement which includes any Proposition 116 bond funding, a satisfactory work plan which includes milestones for specific activities related to completion of the transit integration plan prior to initiation of rail service; and 16 NOW THEREFORE BE IT FURTHER RESOLVED that this Commission shall be entitled to a then present value refund, or credit, at State's option, equivalent to the proportionate funding participation by the State towards property acquisition and project construction in the event that Recipient, or successor public entities, fail or cease to utilize the Project for the intended public passenger rail purposes or sells or transfers title to the Project. The credit for future purchases or condemnation of all or portions of the Project by the State, and the refund or 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 then fair market value of the Project property; and 17 NOW THEREFORE BE IT FURTHER RESOLVED that if the Recipient receives any revenues or profits from any non-govemmental use of property allowed pursuant to bond certification (whether approved at this time or hereafter approved by the State), the 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 the Recipient does not so dedicate the revenues or profits, a proportionate share shall (unless disapproved by State's Bond Counsel) be paid to the State equivalent to the State's percentage participation in the Project. Attachment RESOLUTION MFP -94-2B ATTACHMENT A ALLOCATIONS FOR NEW RAIL BOND AND TRANSIT CAPITAL IMPROVEMENT PROJECTS November 1, 1994 Agenda Item 2.6a(10y _ ______________________-______-___--___________________________________________________________ GS: TCI FCR FUNDS BOND FUC1n5 NON-STATE FUNDS SUMMARY I SHA TOTAL: 0 108 70TAL: 0 FED TOTAL: 0 STATE TOTAL: 482,350 I TPD TOTAL: 482,350 116 TOTAL: 0 LOC TOTAL: 482,350 PROJ TOTAL: 964,700 ____________________________________________________________________________________ RECIPIENT: Project Title: CITY OF PALM SPRINGS INTERMODAL FACILITY CURPENT ALLOCATION St, S Hwy (10B) EA Number Plan Yr ALM Resoln Bgt. Act S Chpt. Program Cd Fund _-Amount- _ PUC Code (1161 PA 140 Appr Yr ALM Amount Project Type Budget Item No Expend Cat. ------- ------ -- ----------------- ----------- ________ _ ___ ___ - TPD 482, 350 5127 INTERMODAL 1994 CHAPTER 239 30 20.020 1993-94 0 125-046 LOCAL ASSIST. Thies allocation is a PARTIAL allocation Of the pgm/app amount District: 08 County: RIVERSIDE Environ StaL: SE _______________________________________________________________________________ r • a c� 3 to z H a V H Z � H O fD a CD C-) rt S by � y 7 a 2 O O H W i-h a H O 1� H N AGREEMENT NO. FTA08AOI ATTACHMENT III SHEET 1 OF 3 PALM SPRINGS INTERMODAL TRANSPORTATION CENTER PHASE I SCOPE OF WORK ITEM COSTS ASSUMPTION Right of Way: Land Acquisition $ 315, 000 . 00 15 acres Rail right-of-way $ 49, 700. 00 Subtotal $ 364,700. 00 Capital Improvements: Administration/Management$ 40, 000. 00 Design/Engineering $ 54, 000. 00 Street Improvements $ 130, 425 . 00 2-lane Platform/Shelters $ 219, 000 . 00 14 x 700 feet Parking/Dev. $ 77 , 000 . 00 20 sp/1st ph + 5 bus/RV Utilities $ 40, 000 . 00 Landscaping $ 5, 000 . 00 Contingency $ 34 , 575 . 00 Subtotal $ 600, 000. 00 Total $ 964, 700. 00 AGREEMENT NO. FTA08A02 ATTACHMENT III Sheet 2 of 3 PALM SPRINGS INTERMODAL TRANSPORTATION CENTER PHASE - I PROJECT DEVELOPMENT SCHEDULE Start Completion Project Component Date Date Preliminary Engr. 1/95 5/95 Prelim. Engr. App. 5/95 7/95 Final Engr. & 7/95 9/95 Contract Prep. Final Engr. App. 9/95 10/95 Advertisement & Bid 10/95 1/96 State/Local 1/96 3/96 Approval to Award Bonds/Insurance 3/96 4/96 Contract Signed Construction 4/96 6/96 Staff Admin. Time 11/94 6/96 Staff Inspec. Time 4/96 6/96 Contingency 1/96 6/96 Complete Project 6/96 AGREEMENT NO. FTA08A02 ATTACHMENT III Sheet 3 of 3 PALM SPRINGS INTERMODAL TRANSPORTATION CENTER Project Financial Plan Cash Flow Expenditure (In Thousands) PROJECT SUMMARY Prior Current FY195 FY195 FY195 P7195 FY196 FYI% Fu[tue Pmjed Allocution Requc Qtr I Qtr 2 Qtr J Qtr 4 Qtr I Qlr 2 Request Total FUNDING SOURCE STATE TO 482,350 110,000 47,500 47,608 17,8% 255,346 4,000 631,690 1,114,000 PRBF(Prop 108)AB 973 Prop 116 FCR Slate-Local Partnership TSM(CMAQ) ISTFA(STP) Other(Specify Source) LOCAL Match for TCI 482,350 110,00o 47,900 47,608 17,896 255,346 4,000 631,650 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 96J,7W 210,0(NI 95,000 95,216 35,792 510,692 8,000 1,263,300 2,228,000 • #GREEMENT NO. FTA08A02 ATTACHMENT IV SHEET IOF1 Name of Recipient: City of Palm Springs Name of Project: Palm Springs Intermodal Transportation Center Resolution Number: MFP-94-28 Date of Resolution: November 30, 1994 Amount of Allocation: $482,350 Fund Source: TCI Expiration Date of Funds: November 30, 1999 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. Digtn'&Division Chief Dat Planning and Public Transportation TCI MONEY bOUIKCLC O to Sp A C L u s CC A C OBJECT AMOUNT DR FISCAL DOCUMENT S OR YEAR NUMBER 0 , I 6£ 721`A of a5t? 9 C� lf7k q `° I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the ex enditure stated above. 108 BOND MONEY CHARGEAUm SPECIAL DESIGNATTOIT— CUMBRANCE ACC ACl`ELRr OBJECT AMOUNr DR FISCAL DOCUMENT DISI I UNH I DISIL Cr YEAR NUMBER JDE I hereby certify upon my own personal knowledge that " " " ° ` " budgeted funds are available for the period and purpose of Cite expenditure stated above. 111.1ulLsSCAYLAII 116 BOND MONEY SOURCECiAMJE LXPAUIH {A (. A IN UMBRANCL U. S ACC S A7T17= OBJECT AMOUNT DR FECAL DOCUMENT S S O CR YEAR NUMBER I hereby certify upon my own personal knowledge that ` " " L.uNUNGOFHL1R DAIL budgeted funds are available for the period and purpose of the expenditure stated above. L S S FIFCALYLA AMOUNT ENCUMBERED BY THIS DOCUMENT $ PRIOR AMOUNT ENCUMBERED $ TOTAL AMOUNT ENCUMBERED $ r AGREEMENT TT 14MENT 02 ®� ATTACIiMENT V Sheet 1 of 2 FEB 2 1 in tALIfSOAN TAAMSPORTATIONcorrlSbloo, CALIFORN:IA TRANSPORTATION COMMISSION RESOLUTION G-91-2 Commission Policy Resolution for Hazardous Waste Identification and Cleanup for Rail Right-of-Way WHEREAS, the Commission has programmed funding for rail right-of-way acquisition in the 1990 State Transportation Improvement Program and may allocate funds for rail right-of-way acquisition from the Clean Air and Transportation Improvement Act; and WHEREAS, hazardous wastes, based 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 mineral 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 WHEREAS, such properties contaminated with hazardous wastes require mitigation prior to using them for rail purposes; and WHEREAS, 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 properties have been fully reviewed by the grant applicant, and if warranted, the grant applicant has tested 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 responsibility for the cleanup has been determined prior to title transfer to the grant applicant, or easement has been secured in 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 up by the seller or a mechanism to recover cleanup costs is established and executed as a condition prior to title transfer; and WHEREAS, full due diligence is necessary in discovering hazardous waste and is an essential element in acquiring rail right-of-way properties by the grant applicant; and NOW THEREFORE BE IT RESOLVED, that acquisition of all rail right-of-way f,zoparties will be fully investigated by the grant applicant to determine the absence/preeence 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 J -z- (.AGREEMENT NO. FTA08A02 ATTACHMENT V Sheet 2 of 2 BE IT FURTHER RESOLVED, that all properties, discovered with hazardous wastes which exceed the federal/state standards, will be cleaned up to the satisfactior, 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 the Commission that all reasonable steps have been completed to assure full due diligence in the discovery of hazardous waste has been achieved during the acqulaltion of rail right-of-way and the state is held harmless from 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 coat associated with hazardous wastes on or below acquired property• . buriace; and BE IT FURTHER RESOLVED, that the grant applicant will certify to the Commission: o 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 completed prior to acquisition of the property; 0 or that the grant applicant has obtained permanent easement and the subsurface rights and liability and full responsibility to pay for and remove such hazardous waste remains with the seller in conformance with applicable State and Federal law; 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(ies) to clean all hazardous wastes by a date certain, with the option of funds sufficient 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 doe■ 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 BE IT FURTHER RESOLVED, that the grant applicant will certify to the Commission 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 BE 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 seller for any coats resulting from failure to eliminate hazardous wastes; and BE IT FURTHER RESOLVED, no state funds will 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 surface. . G .ai y 1tl bS 1/NM F18a P.02/0� t✓ ' RESOLUTION NO. 16341 �� _, __. __..-_a.,..._..__-----•--�---- OF THE CIITY COUNCIi,• OF THE CITY OF PALM SPRINGS, CALIFORNIA AUTHORIZING A LOAN OF $1.150 MILLION FROM THE ------- WASTEWATER TREATMENT PLANT FUND 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, as part of the application the City is required to commit funds to match the grant; and WHEREAS, the City's matching commitment will be in the amount of $1.150 Million, to be loaned 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 01 the City of Palm Springs, as followal section 11 A commitment is hereby made to match the California Transportation Commission Transit Capital Improvement Grant in the amount of $1.150 Million. Section 2: source of funding said commitment shall be a loan from the Wastewater Treatment Plant fund to the Capital Projects fund with an interest rate of 5% per annilm, payable over 30 years, with payments coitmancing one year after completion of construction of the station and annually thereafter. Section 31 The City Manager is hereby authorized to execute, on behalf of the City, all documents neceenary as part of this project in a form approved by the City attorney. ADOPTED this 9th _,day of March 1994. AYES: Councilmembers Lyons, Hedges, Reller-Spurgin, Schlendorf A Mayor MaryenoY NOES: None ABSENTI None ATTHSTI slJ. Sumlch CITY OF PALE( SPRINGS, CALIFORNIA S/ Rob Parkins 0y City Clark City Manager REVIEWED 4 APPROVED I HEREBY OF TI6 TILA'LT} FOREGOING IS A TIIUE COPY OF RESOLUTION ._L_2xF Si 7-„-,DULY ADOPTFII BY TIIE CITY COUNCIL OF T1111 CITY 01^PALAI SPR! 4 M A tSPI,NO THEREOF VELA ON THEY .Il4Y OFE= /7YY DATED/�A��AU1 SPR11 CALIF RN1A 70 T11187""�DAY OF DIM4ffY CITY CLER CITY OF PALM sFRING . RESOLUTION NO. OF THE CITY COUNCIL- OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING THE BUDGET FOR THE 1993-94 FISCAL YEAR WHEREAS, Resolution is 129, approving the budget for the fiscal year 1993-94 was adopted on Juna 23, 19931 and WHEREAS, the City Manager has recommended, and the City Council desires to approve, certain amendments to said budgets NOW, THEREFORE, BE IT RESOLVED, that the Director of Finance is authorized to record inter-fund cash transfers an required in accordance with this Resolution, and that Resolution 18129, adopting the budget for the 1993-94 fiscal year In hereby amended a■ followal SECTION 1. ADDITIONS FUND ACTIVITY ACCOUNT AMOUNT No. 161 0496 7890 $1.15 Million Titles projects Land Acquisition T ain Station Purpose( Construction of train station and Land Acquisition. SECTION 2. SOURCE Loan from WWTP fund for 30 years at 5% annual interest. Annual debt service is $72,533. FUND ACTIVITY ACCOUNT =Killion No. 342 lie astewater Treat- T tle% t Notes Receivable ADOPTED this 9th _day of March 1994. AYES% Councilmembers Lyons, Hodges, Reller-Spurgin, Schlendorf 6 Mayor ldaryanoy NOES! None ABSENTI None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By 5/J. Sumich S/Rob Parkins —CITY— C er City Manager REVIEWED i APPROVED � )HEREBY CF,nTIFY Tl1XT j�U FOREGOING IS A TRUE COPY OF RESOLUTION IIo.��,3 Jr�_DULY ALKAITED BY TIIR CITY COUNCIL OF'f j,,C11'1'OF PALM SPltl��yy5 IN A�g1�EFTJ N-(i/ TID>RROF DUL)ON T IF.Q�__I?AY OFZ?S:-4�'I9 9 THIS DATEDAUNL DAY OF7 CALIF RNIA 0"Wr CITY CLERK - CITYOFPALM SPRIN CA.UFORNLA N