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HomeMy WebLinkAboutContracts & Agreements_5-1986_CCv0001.pdf Son of CAWnin-Ths R—We"An"CY MAnTMENT OF PIMS ANn P OCREATW"CALIFORWA PAIFIK AN! i- e-C-MATIONAL. FAMLITIESACT OF 1984 HMIORMAL 10�'-! C A EGIGRY flliiv of RWWW� APPL1Ce`-,,,'NT: A. K. Wiley Public Worai -y FIRCUETT TITIT NUMBERIA&WAYS"ba- PROJECJ PERFORMANCE PERMY MY 1 , 19E) - auly LhAer an Wrmsana conWtons of thk agmemenq the jami"m X"Mys to zne C�E-3,-Vib-ed in the dmakinm and me Smte of CA W. aumq thnugh in Lhavar of ps"'Ic's wid,P-crsacn:;i;rsuar.,vthe California zrl ReemadwO HMOs Act of 198t area to Wnd To om, �,c -'U"te" indficated, PiRO -1 Me rehobilitation, of Va of 0e A. K. Smiley Pun! . �JIEC FOESCRIPTION: Library incluovs the sfismin -tabilization of the in the princils! public roomn niah anchoring of walk- to the roof and the tracing : the parapet adjacent nr:, exits and public pathways to ho extent funds are evai!M",. on,", TotsLvcal Shareal _rrnurn TotisGrxtl. 'The General and Spacipl Provi-rays amched are madu a pan W a�, nr:t-,Frrporaad into the APPLICANT 9TATI OF CALIFORNIA DEPARTMENT OF PARKS AND FMCREAnGN.' Actal n �OoF,7'�; Prus-f,,rvatio-n Officer at Low Januar 2 9 8 ------- CZ�' T1F—,1',CA1`-,',0PJ, OF FUr-,.,D,NG, CONTRACT ALMSER FUND PhFW—Ah;DS� FUND OF 19934 TT H S ST 1,44 A T F- A U441 T5 9A' ACE I STATUITEES I !TEM --,Los CY - ENCUMBRANCE —T -v $ r 0� --my�3vvil -r_ Na we tili.,encumbrance. -F-UNT! -Mcco X/ WWI 5, CALIFORNIA PARK FACILITIES ACT OF 1984 HISTORICAL RESOURCES PRESERVATION CATEGORY Project Agreement Special Provisions General Provisions A. Definitions 1. The term "State"as used herein means the California State Department of Parks and Recreation. 2. The term"Act"as used herein means the California Park& Recreational Facilities Act of 1984. 3. The term"Project"as used herein means the project which is described on page I of this agreement. 4. The term"Applicant"as used herein means the party described as applicant on page I of this agreement. 8. Project Execution I. Subject to the availability of grant moneys in the Act, the State hereby grants to the Applicant a sum of money (grant funds) not to exceed the amount stated on page I in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the Description of Project on page I and under the terms and conditions set forth in this agreement. Applicant agrees to assume any obligation to furnish any additional funds that may be necessary to complete the project. Any proposed modification or alteration in the project as set forth in the application on file with the State must be submitted to the State for prior approval. 2. The Applicant agrees to complete the Project in accordance with the time of project performance set forth on page 1,and under the terms and conditions of this agreement. 3. Development plans and specifications or Force Account Schedule shall be reviewed and approved by the State. 4. The Applicant shall secure completion of the development work in accordance with the approved development plans and specifications or Force Account Schedule. S. The Applicant shall permit periodic site visits by the State to determine if development work is in accordance with the approved plans and specifications or Force Account Schedule, including a final inspection upon Project completion. 6. All significant deviations from the Project shall be submitted to the State for prior approval. C. Project Costs The Grant moneys to be provided Applicant under this agreement may be disbursed as follows: 1. This grant is for the reimbursement of Project costs.The State may disburse advances as necessary. 2. State may disburse an advance of up to 10% of the State grant amount set forth on page I of this agreement upon lull execution of the agreement. 3. State may disburse an advance of up to 90% of the State grant amount set forth on page I of this agreement upon receipt and approval by State of Apoiicant's plans and specifications or Force Account Schedule. Ten Percent may be withheld until the project has been completed and audited by the State. 4. After approval by State of Applicant's plans and specifications or Force Account Schedule and after completion of the Project or any phase or unit thereof,State may disburse to Applicant upon receipt and approval by State of a statement of incurred costs from Applicant the amount of such approved incurred costs shown on such statement,not to exceed the State grant amount set forth on page I of this agreement,or any remaining portion of such grant amount to the extent of such statement. The statements to be submitted by Applicant shall set forth in detail the incurred or estimated cost of work Performed or to be performed on deve400rnent of the Project and whether performance will be by construction contract or by force account. Statements snail not be submitted more 'reouentiv than ninety day periods unless otherwise requested by State. Modifications of the development c)fan and scliedute must be approved by State prior to any aeviation from the State approved pian and schedule unless creviousiv iuthorized by the State. OPR 739;9/351 D. Project Administration t. The Applicant snail promptly submit such reports as the State may request. In any event Applicant shall provide State a report showing total final Project expenditures. 2. Property and facilities developed pursuant to this agreement shall be available for inspection by the State upon request. 3. The Applicant shall use any moneys advanced by the State under the terms of this agreement solely for the Projectherein described. If grant moneys are advanced, the Applicant should place such moneys in a separate interest bearing account,setting up and identifying such account prior to the advance.Interest earned on grant moneys shall be used on the project or paid to the State. If grant moneys are advanced and not expended, the unused portion of the grant"I be returned to the State within 60 days of completion of the Project or end of the Project performance period,whichever is earlier. S. Income tamed by the Applicant from a State-approved use on a grant project shall be used for preservation purposes at the grant project,or,if approved by the State,for preservation purposes within the Applicant's jurisdiction. E. Project Termination I. The Applicant may unilaterally rescind this agreement at any time prior to the commencement of the Project. After Project commencement this agreement may be rescinded,modified or amended by mutual agreement in writing. 2. Failure by the Applicant to comply with the terms of this agreement or any other agreement under the Act may be cause for suspension of ail obligations of the State hereunder. 3. Failure of the Applicant to comply with the terms of this agrement shall not be cause for the suspension of all obligations of the State hereunder if in the judgment of the State such failure was due to no fault of the Applicant.In such case,any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this agreement. 4. Because the benefit to be derived by the State,from the full compliance by the Applicant with the terms of this agreement, is the preservation, protection and development of a specific historical resource available to the people of the State of California and because such benefit exceeds to an immeasurable and unascertainable extent the amountof money furnished by the State by way of grant moneys under the terms of this agreement,the Applicant agrees that payment by the Appli- cant to the State of an amount equal to the amount of the grant moneys disbursed under this agreement by the State would be inadequate compensation to the State for any breach by the Applicant of this agreement.The applicant further agrees therefore, that the appropriate remedy in the event of a breach by the Applicant of this agreement shall be the specific performance of this agreement. F. Hold Harmless 1. Applicant hereby waives all claims and recourse against the State including the right to contribution for loss or damage to persons or property arising from,growing out of or in any way connected with or incident to this agreement except claims arising from the concurrent or sole negligence of State,its officers,agents,and employees. 2. Applicant shall indemnify, hold harmless and defend State, its officers, agents and employees against any and all claims, demands,damages,costs,expenses or liability costs arising out of the acquisition,development,construction,operation or maintenance of the property described as the Project which claims, demands or causes of action arise under State Law or otherwise except for liability arising out of the concurrent or sole negligence of State, its officers,agents,or employees. 3. In the event State is named as codefendant, the Applicant shall notify State of such fact and shall represent State in the legal action unless State undertakes to represent itself as codefendant in such legal action in which event State shall bear its own litigation costs,expenses,and attorney's lees. 4. In the event of judgment entered against State and Applicant because of the concurrent negligence of State and-Applicant. their officers, agents, or employees, an apportionment of liability to pay such uagmenr shall be made by a court of competent jurisdiction.Neither carry shah request a jury apportionment. G. Financial Records I. The Applicant shall maintain satisfactory financial accounts, documents and records for the Project and shall make them available to the State for auditing at reasonable times. Such accounts, documents and records shall be retained by the Applicant for three years following project termination or completion. During regular office hours each of the parties hereto and their duly authorized representatives shall have the right to inspect and make copies of any books,records or reports of the other carry pertaining to this agreement or matters related thereto. Applicant shall maintain and make available For :nspection by State accurate records of ail of its costs, disbursements and receipts with respect to its activities under this agreement. the koofi=t may use any 4enerailv iccerited irccountipi;system. 3 H. Use of Facilities I. The property acquired, developed, rehaoilitated,or restored with grant funds under this agreement shall be used by the Applicant only for the purpose for which the State grant funds were requested and no other use of the property Shail be Permitted except by specific act of the Legislature. 2. The Applicant agrees to maintain and operate the property acquired,developed, rehabilitated,or restored for a period commensurate with the type of project and the proportion of State grant funds allocated to the capital costs of the project. 1. !Nondiscrimination 1. The Applicant shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, or physical handicap in the use of any property or facility acquired, developed, rehabilitated, or restored pursuant to this agreement. 2. The Applicant shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law. 3. All facilities shall be open to members of the public generally,except as noted under the special provisions of this project agreement. J. Preservation Standards i. All work done on the property funded under this agreement shall comply with The Secretary of the Interior's Standards for Historic Preservation Projects(36 CFR 1207). 2. The Applicant agrees to obtain the prior approval of the State Historic Preservation Officer before any future alterations are made to the property acquired,developed,rehabilitated,or restored with grant funds under this agreement. K. Notice of Encumbrance The Applicant agrees to record a!Notice of Encumbrance in the chain of title of the property acquired,developed,rehabilitated, or restored with grant funds under this agreement,such that a subsequent Transferee would have notice of the provisions of this agreement. L. Failure to Preserve Historic Resources Grant funds under this project agreement were awarded to the Applicant based on the historic significance and integrity of the Property for which funds were awarded.The Applicant agrees that any alteration deemed by the State Historic Preservation Officer to unduly reduce the property's historic integrity shall be avoided,according the Sections E-4,H-1,and j-1 &2 above.if the Applicant proposes to cease preserving the historic integrity of the property,or to sell or otherwise dispose of it,and obtains approval for this action by a specific act of the Legislature,then the Applicant agrees to do one of the following: 1. Return to the Historical Resources Preservation Category of the California Park and Recreational Facilities Act of 1984 an amount equal to the amount of the grant or equal to the fair market value of the real property, or portion thereof, acquired,developed,rehabilitated,or restored with the grant,whichever is greater;or 2. Use an amount equal to the amount of the grant or equal to the fair market value of the real property,or portion thereof, acquired, developed, rehabilitated, or restored with the grant, whichever is greater to acquire or develop an historic resource within its jurisdiction and meeting,as verified by the State Historic Preservation Officer, the eligibility require- ments of the Historical Resources Preservation Category of the California Park and Recreational Facilities Act of 1984. The Applicant agrees that any work done on such alternate property shall comply with The Secretary of the interior's Standards for Historic Preservation Project (36 CFR 1207),subject to the prior review and approval of the State Historic Preservation Officer_ RESOLUTION NO. 4021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLA NDS, CALIFORNIA, A 1 PPROVING THE APPLICATIL0N AND THE PROJECT AGREEMENT FOR HISTORIC PRE- SERVATION GRANT FUNDS FOR THE SMILEY LIBRARY SEISMIC RETROFIT PRO ECS' FROM THE CALIFORNIA PARK AND RECREATIONAL FACILITIES ACT OF 1984 WHEREAS, the Legislature under the California Park and Recrea- tional Act of 1984 has authorized the establishment of a Historic Preservation Grant Program, providing matching funds to the political subdivisions of the State for historic preservation projects; and WHEREAS, the California Office of Historic Preservation in the Department of Parks and Recreation is responsible for the adminis- tration of the program within the State , setting up necessary rules and procedures governing application by local agencies under the program; and WHEREAS, said_ adopted procedures establishedbyth.e I Department of Parks and Recreation require, the cipplicant:, to certify by resolu- tion the approval of applications and the availability of local matching funds prior to submission of said applications to the State; NOW, THEREFORE, BE IT RESOLVED that the City' Council of the City of Redlands: 1 . Approves the filing of an application for the Historic Preservation Grant assis-Lince for project; and 2. Appoints W. C. Schindler, Director, Planning and Community Development Department, or his authorized deputy, as agent of the City to coordinate, process, and execute all contracts, agreements, amendments and ancillary documents within the scope of the attached application; and 3. Agrees that all required local matching funds will be pro- vided for the project. ADOPTED, SIGNED AND APPROVED this 18th day of December, 1984. Ze Mayor of the City of Redlands ATTEST: 7j vy "�e r k �E - lerk' 1, Lo/rrie Poyzekr", City Clerk, City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular ;meeting thereof held on the 18th day of December, 1984 , by the following vote: AYES: Councilmembers Johnson, DeMirjyn, Martinez, Larsen; Mayor Beswi-ck OES N -. I None ABSENT: None t y crk