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HomeMy WebLinkAboutTC Res 1975-03-17 (3) RESOLUTION NOD 709 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON APPROVING AND PROVIDING FOR THE EXECUTION OF A PROJECT AGREEMENT FOR lAND AND WATER CONSERVATION FUND PROJECT NO. 06-00378, RICHARDSON BAY LINEAL PARK DEVELOPMENT, BY AND BETWEEN THE CITY OF TIBURON AND THE STATE OF CALIFORNIA, RESOURCES AGENCY, DEPARTMENT OF PARKS AND RECREATION WHEREAS: The City Council of the City of Tiburon does hereby resolve as follows: Section I. The Project Agreement attached hereto as Exhibit A between the City of Tiburon and the State of California, the terms of which provision is made for federal reimbursement of an amount not to exceed $20,400 under pro- visions of the Land and Water Conservation Fund Act of 1965 for the development of Project No. 06-00378, Richardson Bay Lineal Park Development, as described below: This is the first phase of a multi-phase planned program to bring the waterfront path of Richardson Bay Lineal Park into maximum utility in accord with the City of Tiburon's Master Plan. This project proposes the grading, paving, and landscaping of a separated pedestrian/bicycle path in the park area from McCart Court to the pumping station across from Rock Hill Drive; NOW, THEREFORE, BE IT RESOLVED that the above description of Project No. 06-00378 is hereby approved in all respects. Section 2. The City Manager/City Clerk, Robert L. Kleinert, of the City of Tiburon, is hereby authorized and directed to execute five (5) copies of said Project Agreement. Section 3. The City Clerk shall certify to the passage of this resolution by the City of Tiburon and it shall thereupon take effect. PASSED AND ADOPTED at an adjourned regular meeting of the City Council of the City of Tiburon held on March 17, 1975, by the following vote: AYES: COUNCILMEN: Aramburu, Ellman, Littman, Tayer NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Ross (n \ .// , "I,~~ Tiburon ATTEST: R.&f~r~ Draft Date: 3/12/75 ST!\T[ CF C/\I_lr:O;~rJI/\ DC' P ~1 r t rn:.: Il t c f [) cl r k s cl n cI f ~ c c r C~ <I t i 0 i1 PRO..JECT r'.l1;~UJ\EijT-"LUCIIL P!\f\TI CI PhllT Lund cJncJ \/0 lc r COil sc rvCJ t i on rune] P j-og J" elm Project Title Richardson Bay Lineal Park Development "icipant City of Tiburon Project Period 2-3-75 to 10-1-78 Project tJoo 06-00378 Period Covered by Agreement 2-3-75 to 10-1-78 Proj ect Scope: This is the first phase of a multi-phase planned program to bring the waterfront path of Richardson Bay Lineal Park into maximum utility in accord with the City of Tiburon's Master Plan. This project proposes the grading, paving, and landscaping of a separated pedestrian/bicycle path in the park.area from McCart Court to the pumping station across from Rock Hill Drive. Stage Covered by This Agreement Complete ject Cost: Totai - ~. . . Direct Project Cost ' - - . Project i.:.stiffia"i:,:;u \a.::> SiI (,kJn ill Proposal) $ 40,000 (1) Surcharge--State Administrative Assessment 2 % of 1 i ne (1) ..-. L 800 ~ Total Project Costs Eligible for Federal Funding 40.800 Federal Participation--SO% of 1 i ne (3) or 50% of actual costs \'/h i chcve r i s the 1 esse r $ . 20,400 (4-) The attached contract terms consisting of 8 this Agreement. pages are made a part of and incorporated into B Mayor .~ <" STATE DEPARTHENT OF PARKS AND RECREATION Title By By March 17, 1975 1!IJ1!{fid~ Robert . 1einert City Manager/City Clerk . Date Date Ti t 1 c Date March 17, 1975 CONTRACT TERMS The State Liaison Officer for the Land and Water Conservation Fund and the City of Tiburon , hereinafter referred to as the Participant, mutually agree to perform this agreement in accordance with the Land and Water Conservation Fund Act of 1965, 78 Stat. 897 (1964). The State of California hereby promises, in consideration of the promises made by the Participant herein, to accept appropriated Federal Funds for the purposes of the Project and disburse the same to reimburse the Participant 50 percent of the eligible Project cost not to exceed 50 percent of the direct Project cost shown in this agreement; except for a 2 percent surcharge of administrative costs to be applied to the total estimated direct Project costs as shown above. The surcharge is to be deducted from the reimbursements received from the Federal Government applicable to this Project. It is understood by the parties hereto that this agreement shall not obligate State of California funds for the Project costs described herein. The Participant hereby promises, in consideration of the promises made by the Liaison Officer herein, to execute the Project stage described herein, in accordance with the terms of this agreement.' Any disbursement hereunder shall not be made unless and until funds therefore are received by the Liaison Officer from the Bureau of Outdoor Recreation. The fol~owing special Project terms and conditions were added to this agreement before it was signed by the parties hereto and any deviations from or changes in the Project shall be accomplished only through written consent of the parties concerned: The Participant will permanently display in a conspicuous place a bronze plaque which acknowledges Land and Water Conservation Fund assistance. The plaque will be furnished by the State Department of Parks and Recreation subsequent to review and approval of plans and specifications. The plaque will be displayed in the area assisted by federal funds prior to final payment. The Participant agrees to comply with the terms and intent of the Uniform Relo- cation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970) and,. the applicable regulations and procedures of the Department of the Interior implementing such Act, and Chapter 16, of Div. 7, Title 1 of the Gov. Code, State of California. Reference to .$10,000 in B.4.(a), (b), and (c) of the General Provisions is changed to $2,500. The Participant agrees to comply with the terms and intent of the Flood Disaster Protection Act of 1973 (Public Law 93-234) and all applicable regulations and procedures implementing that Act. -2- LOP G-2/228 A. DEFINITIONS 1. The term "BORII as used herein means the Bureau of Outdoor Recreation, United States Department of the Interior. 2. The term "Director" as used herein means the Director of the Bureau of Outdoor Recreation, or any representative lawfully delegated the authority to act for such Oi rector. 3. The term "liaison Officer" as used herein means the California Director of Parks and Recreation, or other State officer as designated by the Governor from time to time and authorized by the State legislature. 4. Manua I . The term "Hanual" as used herein means the Bureau of Outdoor Recreation (Outdoor Recreation Grants-In-Aid Hanual) 5. The term J1Guidel' as used herein means "Procedural Guide, Part I--Appl j- cat i on Procedures and Part II--Fi sea I Proceduresl' issued by the Department of Parks and Recreation. 6. The term IIProject" as used herein means the project or project segment which is the subject of this agreement as defined in the project proposal. 7. The term "Project Proposal" as used herein mear:as the form and all supplemental attachments used to describe and estimate the cost of a planning, acquisition, or development project filed with the liaison Officer in support of an application for federal financial assistance. 8. The term "Statell as used herein means the State of California and/or its official representative, the Department of Parks and Recreation. 9. The term "Participant'l as used herein shall mean the recipient of the federal funds to be disbursed in accordance with the terms of this agreement. 10. The term "Federal Fundsll as used herein means those monies made avai lable by the United States of America as matching money for projects under the land and Water Conservation Fund Act of 1965, 78 Stat. 897 (1964). B. PROJECT EXECUTION 1. The Participant shall at no cost to the State execute, complete, operate and maintain the approved Project in accordance with the Manual, the Guide, the Project Proposal, and the plans and specifications applicable, which documents are on fi Ie ir:a the office of the liaison Officer and made a part hereof. Fai lure to render satisfactory progress or to complete this or any other project which is the subject of Federal assistance under this program to the satisfaction of the Director or liaison Officer may be cause for the suspension of all obligations of the United States and the State under this agreement. 2. The Participant shall indemnify the State of California and its officers, agents and employees against and hold the same free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liabi lity due to, or arising out of, either in whole or in part, whether directly or indirectly, the organization, development, construction, operation, or maintenance of the Project. -3- LP 3. In the event of default by the Participant which default is not cured by the Participant within thirty (30) days after receipt of written notice from the Liaison Officer, the State may in addition to any other remedies take posses- sion of the Project and construct, operate or maintain the Project as the State may deem necessary to fulfill requirements of the Federal Government, and the Participant agrees to reimburse the state for any costs or expenses incurred by the State thereby. 4. Construction contracted for by the Participant shall meet the following requirements: (a) Contracts for construction in excess of $lO,OOO shall be awarded through a process of competitive bidding. Copies of all bids and a copy of the contract shall be retained for inspection by tne Director or Liaison Officer. (b) The Participant shall inform all bidders on contracts for con- struction in excess of $10,000 that Federal Funds are being used to assist in construction. (c) Written change orders to contracts for construction in excess of $10,000 shall be issued for all necessary changes in the facility. Such orders shall be made a part of the project file and shall be kept available for audit. Cd) The Participant agrees to comply with the Civil Rights Act of 1964 and Executive Order No. 11246 and shall incorporate, or cause to be incorporated, into all construction contracts the following provisions: "During the performance of this contract, the contractor agrees as follows: "(1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, religion, sex, or national origin. 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. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. "(2) The contractor will, in all solicitations or advertise- ments for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, religion, sex, or national origin. -4- LP "(3) The contractor will send to each labor union or repre- sentative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's comnit- menta under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in con- spicuous places available to employees and applicants for employment. n (4) The contractor will comply with all provisions of Execu- tive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. " ( 5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permdt access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. " ( 6 ) In the event of the contractor 's non,compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the con- tractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Execu- tive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as other- wise provided by law. U(7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by ru1es, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or pur- chase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncom- pliance: ProVided, however, That in the event the contractor becomes involved in, or is threatened with, litigation with a '. subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United states to enter into such litigation to protect the interests of the United States." -5- LP (e) The Participant shall: (l) comply with the above provisions in construction work carried out by itself; (2) assist and cooperate actively with the BOR and the Secre- tary of Labor in obtaining the compliance of contractors and subcontractors with the above contract provisions and with the rules, regulations, and relevant orders of the Secretary of Labor; (3) obtain and furnish to the BOR and to the Secretary of Labor such information as they may require for the super- vision of such compliance; (4) enforce the obligation of contractors and subcontractors under such provisions, rules, regulations and orders; (5) carry out sanctions and penalties for violation of such obligations imposed upon contractors and subcontractors by the Secretary of Labor or the BaR pursuant to Part II, Sub- part D, of Executive Order No. 11246 of September 24, 1965; and (6) refrain from entering into any contract with a contractor debarred from Government contracts under Part ll, Subpart D, of Executive Order No. ll246 of September 24, 1965. 5. The Participant shall secure completion of the work in accordance with the approved construction plans and specifications, and shall secure compliance with all applicable Federal, State and local laws and regulations. 6. The Participant shall permit periodic site visits by the Liaison Officer and/or Director to ensure work progress in accordance with the approved Project, including a final inspection upon Project completion. 7. In the event funds should not be available for future stages of the Project, the Participant shall bring the Project to a point of usefulness agreed upon by the State and BOR. 8. All significant deviations from the Project proposal shall be sub- mitted to the Liaison Officer prior to approval. 9. The ~cquisition cost of real property shall be based upon the appraisal of a competent appraiser. The reports of such appraisers shall be available for inspection by the Liaison Officer upon request. 10. Development plans and specifications shall be available for review by the Liaison Officer upon request. lI. If any tract or parcel of, or interest in, real property subject to being purchased under the provisions of this agreement, but not identified herein, is found by the Director for any reason not to be suitable for Federal assistance, all obligations of the United States hereunder shall cease as to such parcel, tract or interest. -6- IP C. PROJECT COSTS Disallowances. The Participant agrees to make immediate monetary restitution for any disallowances of costs or expenditures on unauthorized activities which are disclosed through audit or inspection by representatives of the Liaison Officer or the Bureau of Outdoor Recreation. Project costs eligible for assistance shall be determined upon the basis of the criteria set forth in the Manual and Guide. D. PROJECT ADMINISTRATION 1. The Participant shall promptly submit such reports and in such form as the Liaison Officer may request. 2. Property and facilities acquired or developed pursuant to this agreement shall be available for inspection by the Director and the Liaison Officer. 3. Interest earned on funds granted pursuant to this agreement shall not be available for expenditure by the Participant but shall be disposed of according to instructions issued by the Director. E. PROJECT TERMINATION l. The Participant may upon written notice to the Liaison Officer unilater- ally rescind this agreement at any time prior to the commencement of the Project. After Project commencement, this agreement may be rescinded, modified, or amended only by mutual agreement.<' A project shall be deemed commenced when the Participant makes any expenditure or incurs any obligation with respect to the Project. 2. Failure by the Participant to comply with the terms of this agreement or any similar a~reement may be cause for the suspension ~f all obligations of the United States or the State hereunder. 3. Failure by the Participant to comply with the terms of this agreement shall not be cause for the suspension of all obligations of the United States or State hereunder if, in the judgment of the Director, such failure was due to no fault of the Participant. In such case, any amount required to settle at minimum costs any irrevocable obligations properly incurred shall be eligible for assistance under this agreement. 4. Because the benefit to be derived by the United states from the full compliance by the Participant with the terms of this agreement is the preserva- tion, protection, and the net increase in the quantity and quality of public outdoor recreation facilities and resources which are available to the people of the State and of the United States, and because such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the United States by way of assistance under the terms of this agreement, the Participant agrees that payment by the Participant to the United States of an amount equal to the amount of assistance extended under this agreement by the United States would be inadequate compensation to the United States for any breach by the Participant of this agreement. The Participant further agrees, therefore, that the appropriate remedy in the event of a breach by the Partici- pant of this agreement shall be the specific performance of this agreement. -7- 10 F . CONFLICT OF INTEREST 1. No official or employee of the State or Participant who is authorized in his official capacity to negotiate, make, accept, or approve, or to take part in such decisions regarding a contract or subcontract in connection with this Project shall have any financial or other personal interest in any such contract or subcontract. 2. No person performing services for the Participant in connection with this Project shall have a fin~cial or other personal interest other than his employment or retention by the Participant, in any contract or subcontr&ct in connection with this Project. No officer or employee of such person retained by the Participant shall have any financial or other personal interest in any real property acquired for this Project unless such interest is openly disclosed upon the public records of the Participant, and such officer, employee or person has not participated in the acquisition for or on behalf of the Participant. 3. No member of or delegate to Congress shall be admitted to any share or part of this agreement, or to any benefit to arise hereupon, unless such benefit shall be in the form of an agreement made with a corporation for its general benefit. 4. The Participant shall be responsible for enforcing the above conflict of interest provisions. G. HATCH Ar:r No officer or employee of the Participant whose principal employment is in connection with any activity which is financed in whole or in part pursuant to this agreement shall take part in any of the political activity prescribed in the Hatch Political Activity Act, 5 U.S.C. ll8 k, with the exceptions therein enumerated. H. FINANCIAL RECORDS 1. The Participant shall maintain satisfactory financial accounts, docu- ments, and records, and shall make them available to the State and/or BOR for auditing at reasonable times. Such accounts, documents, and records shall be retained by the Participant for three years following project termination. 2. The Participant may use any generally accepted accounting system, provided such system meets the minimum requirements set forth in the Manual and the Guide. I. USE OF FACILITIES I. The Participant shall not at any time convert any property or facility acquired or developed pursuant to this agreement ~o other than a public outdoor recreation use without the prior approval of the Liaison Officer and the Director. 2. The Participant shall maintain all property so as to appear attractive and inviting to the public. Sanitation and sanitary facilities shall be main- tained in accordance with applicable State and local public health standards. Properties shall be kept reasonably safe for public use. Fire prevention, -8- lifeguard and similar activities shall be maintained at levels reasonable to prevent loss of the lives of users. Buildings, roads, trails and other struc- tures and improvements shall be kept in reasonable repair throughout their estimated lifetime so as to prevent undue deterioration. All maintenance and operations shall be in accordance wi~~ the standards set forth in the Manual and the Guide. 3. The Participant shall not discriminate against any person on the basis of race, color, or national origin in the use of any property or facility acquired or developed pursuant to this agreement, and shall comply with the terms and intent of Title VI of the Civil Rights Act of 1964, P.L. 88-352 (1964), and of the regulations promulgated pursuant to such Act by the Secretary of the Interior and contained in 43 CFR l7. 4. The Participant shall not discriminate against any person on the basis of residence. J . MANUAL The ParticipAnt shall comply with the policies and procedures set forth in the Bureau of Outdoor Recreation Manual and the Guide. Said Manuals are hereby incorporated into and made a part of this agreement 7 and are on file with the parties hereto. -9-