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RESOLUTION NO.
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RESOLTUION OF THE CITY OF SAN BEIlNAlIDINO AUTHORIZING THE MAYOR TO
EXECUTE A PROJECT AGREEMENT FOR LAND AND WATER CONSERVATION FUND PROJECT
NO. 06-00479, GARDEN IRRIGATION SYSTEM DMLOPMENT BY AND BETWEEN THE CITY
OF SAN BERNAlIDINO AND THE STATE OF CALIPORNIA RESOURCES AGENCY, DEPARTMENT
OF PARKS AND RECREATION.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BEIlNAlIDINO AS FOLLOWS:
SECTION 1. That the City of San Bernardino execute the Project
Agreement attached hereto as Exhibit "A" between the City of San Bernardino
and the State of California, the terms of which provision is made for federal
reimbursement of an amount not to exceed $5,055.00 under provisions of the
Land and Water Conservation Fund Act of 1965 for the development of Project
No. 06-00479, Irrigation System Development, as described below,
Develo~t and implementation of an upgraded irrigation system
at the Patton Farm Community Garden Project. The project includes
the purchase of all materials, supplies, installation costs and
architectural engineering fees necessary for development of the
irrigatIon system, .
is hereby approved in all respects.
SECTION 2. That the Mayor of the City of San Bernardino is hereby
authorized and directed to execute five copies of said Project Agreement.
SECTION 3. That the City Clerk shall certify to the passage of this
Resolutinn by the City, and it shall thereupon take effect.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and ~ommon Council of the City of San Bernardino at a
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, 1976,
meeting thereof, held on the /?
day of
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py the following vote to wit:
AYES:
Councilmen ~~
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NAYS:
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ABSENT :
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The foregoing resolution is hereby approved this ~~ day of
(J~ . 1976.
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Approved as to form:
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FILED
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LVCILLE GOFORTH. Cltx ClIII!(
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City of S'an Bernardino
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o STATE OF CALIFORNIA 0
Department of Parks and Recreation
PROJECT AGREEMENT
Land' and Water Conservation Fund Program
Project Title
Gardens Irrigation System Development
Participant
City of San Bernardino
Project Number
06-00479
Project Period 5-19-76 to 12-31-78
Project Scope:
The City of San Bernardino will develop an irrigation system at Patton Farm
Community Garden project.
Stage Covered by This Agreement
ComDlete
Project Cost:
Total Estimated Direct Project Cost (as shown in
Project Proposal) $ 10.000 (1 )
Surcharge--State Administrative Assessment 1.1 %
of line 1 (subject to adjustment, see paragraph 2,
page 2) $ 110 (2)
Total Project Costs Eligible for Federal Funding $ 10.110 (3)
.Federal Participation--50% of line (3) or 50% of
actual costs whichever is the lesser $ 5.055 (4)
The attached contract terms consisting of
incorporated into this Agreement.
5 pages are made a part of and
t IltREBY . ctRTIFY
IfAllE BEEN COM
UBti'f fllOM
ALL CONDITIONS FOR EXEMPTION
, AND THIS CONTRACT IS
GENERAL SERVICES'
City of
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STATE DEPAR:IMENT OF PARKS AND RECREATION Date
By
Date
AUG 18 197'
'!":1lfy 1M! ffll. e~I' ~
tJ I ,,'1artment of Fin . .
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.. hereby' c ili IhaI. all ""~r:r': Date
pempt!{)n , . . . sr. APlII
live M.nu. ell I2Ilt.1'3'"",. &0...
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CONTRACT TERMS
The State Liaison Officer for the Land and Water Cpnservation Fund and the
City of San Bernardino , 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 surcharge for 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 and will be computed at the Federally
approved surcharge rate in effect at the time the billing is submitted to the
Federal Government but not to exceed 3%.
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 therefor are received by the Liaison Officer from the Bureau
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of Outdoor Recreation.
The following 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 bf 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.
Where applicable, the Participant agrees to comply with the terma and intent
.of the Flood Disaster Protection Act of 1973 (Public Law 93-234) and all
applicable regulations and procedures implementing that Act.
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A. DEF IN IT IONS
1. The term "BOR" as used herein means the Bureau of Outdoor Recreation, United States Department of the Interior.
2. The term "Oirector" as used herein means the Director of the Bureau of Outdoor Recreation, or any representative
lawfully delegated the authority to act for such Director.
3. The term "Liaison Officer" as used herein means the California Director of Parks and Recreation. or other State c ;~;cer
as designated by the Governor from time to time and authorized by the State Legislature.
4. The term "Manual" as used herein means the Bureau of Outdoor Recreation Manual. (Outdoor Recreation
Grants-In-Aid Manual)
5. The term "Project" as used herein means the project or project segment which is the subject of this agreement as
defined in the project proposal.
6. The term "Project Proposal" as used herein means 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.
7. The term "State" as used herein means the State of California and/or its official representative, the Department of
Parks and Recreation.
8. The term "Participant" as used herein shall mean the recipient of the federal funds to be disbursed in accordance with
the terms of this agreement.
9. The term "Federal Funds" as used herein means those monies made available 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 end maintain the approved Project in
accordance with the Manual, the Project Proposal, and the plans and specifications applicable, which documents are on file in the
office of the liaison Officer and made a part hereof. Failure 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, arid/or expen&es of liability due to, or arising out of,
either in whole or in part, whether directly or indirectly, the organimJon, development, construction. operation, or maintenance of
the Project.
3. In the event of default by the Participant which default is not cured by the Participant within thirty (301 days after
receipt of written notice from the liai9Qn Officer, the State may in addition to any other remedies take possession 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 reimbune 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 $10,000 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 the Director or Liaison Officer.
(bl The Participant shall inform all bidders on contracts for construction in excess of $10,000 that Federal Funds
are being used to assist in construction.
(cl 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.
ld) 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 follovving 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 form. of compensation; and selection for training, including apprenticeship. The contractor agrees to post
in conspicuous pla:es, available to employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause.
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"(2) The contractor will, in all solicitations or advertisements 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.
"(3) The contractor will send to each labor union or representative or 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 commitments under Section 202
of Executive Order No. 11246 of September 24, 1965, end .hall post cop in of the notice in conspicuous, '''''ces
available to employees and applicants for employment.
"(41 The contractor will comply with all prOVisions of Executive 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 report. requirsd 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 permit 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 noncompliance 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 contract,or may be declared ineligible for further Government contracts in acccordance with
procedures authorized in Executive 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 otherwise provided by law.
"(7) The contractor will include the prOVisions of Paragraphs (1) through (7) in every subcontract or purchase
order un'" exempted by rules, 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 vandor. The contractor will take such action with respect to any subcontract Or purchase order
as the contracting agency may direct as a means of anforcing such provisions, including sanctions for
noncompliance: Prov;dpd, howflvsr, 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 interntJ of the United States:'
(e) The Participant shall:
(1) comply with the above provisions in construction work carried out by itself;
(2) assist and cooperate actively with the BOR and the Secretary 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 8$ they may require for
the supervision of such compliance; t
(4) enforce the obligation of contractors and subcontractors under such provisions, rules, regulations and
orders;
(5) carry out sanctions and penelties for violation of such obligations imposed upon contractors and
subcontractors by the Secretery of Labor or the BOA pursuant to Part 11, Subpart 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
11, Subpart D, of Executive Order No. 11246 of September 24, 1965.
5. The Participant shall secure completion of the work in accOf"dance with the approved construction plans and
specifications, and shall secure compliance with all applicable Federal,State and locallews and regulations.
6. The Participant shall permit periodic site visits by tha 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 availeble 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 submitted to the Liaison Officer prior to approval.
9. The acquisition cost of real property shall be based upon the appraisel 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.
11. If any tract or parcel of, or interest in, real property subject to being purchased under the provisions of this egreement,
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 heraunder shall ceese as to such parcel, tract or interest.
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C, PROJECT COSTS
Project costs eligible for aliSistance shall be determined upon the basis of the criteria set forth in the Manual.
0, PROJECT AOMINISTRATION
1. The Participant shall promptly submit such reports and in luch form 81 the Liaison Officer may request.
2. Property and facilities acquired or developed pursuant to this agreement shall be available for inspection b, '!:he
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
1. The Participant may upon written notice to the Liaison Officer 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 only by
mutual agreement. A project shall be deemed commenced with 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 agreement may be cause for the
suspension of 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 preservation, 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 Participant of this agreement shall be the specific performance of this agreement.
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 interMt in any such contract or subcontract.
2. No person performing serviCe5 for the Participant in connection with this Project shall have a financial or other personal
interest other than his employment or retention by the Participant, in any contract or subcontract 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 penon has not participated in the acquisition for or on behalf of the Participant.
3. No member of or delegate to Congress shalt 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 ACT
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. 118 k, with the exceptions therein enumerated.
H. FINANCIAL RECOROS
1. The Participant shall maintain satisfactory financial accounts, documents, 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.
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I. USE OF FACILITIES
1. The Participant thaI! not at any time convert any property or facility acquired or developed pursuant to this agreement
to other than a public outdoor recreation use without the prior approval of the Liaison Officer and the Director.
2. The Participant shari maintain all property 10 81 to eppesr attractive and inviting to the public. Sanitation and sanitary
facilities shall be maintained in accordance with applicable State and local public he81th standerd.. Properties shell be kept reasonablv
safe for public U58. Fire preventton, lifeguard and similar activities shall be mtlintained.t levels reasonable to prevent loa of th~ :;ves
of users. Buildings, roads, trails and other structures and improvements shall be kept in reasonable repair throughout their estimated
lifetime so as to prevent undue deterioration. All maintenance and operations shan be In accordance with the standards set forth in
the Manual.
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 flights: Act of 1964, P.L. 88-362 (1964). and of the regulations promulgated pursuant to such Act by the Secretary of the
Interior and contained in 43 CFA 17.
4. The Participant shall not discriminate against any person on the besis of residence except to the exten't that reasonable
differences in admission or other fees may be maintained on the bas:is: of residence and punuant to /8V\I'.
J, MANUAL
The Participant shall comply with the pOlicies and procedures set forth in the Bureau of Outdoor Recreation Manual. Said
Manual is hereby incorporeted into and ma:te a part of this agreement.
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