HomeMy WebLinkAboutResolution 43-83 . `TING AGENDA
E g3 ITEM#—.[L..
' Resolution No. 43-83
' A RESOLUTION OF THE CITY COUNCIL OF CITY OF ATASCADERO
APPROVING AND PROVIDING FOR THE EXECUTION OF A PROJECT
AGREEMENT FOR LAND AND WATER CONSERVATION FUND PROJECT NO.
06-01002 , SOUTH ATASCADERO PARK DEVELOPMENT, BY AND BETWEEN
THE CITY OF ATASCADERO AND THE STATE OF CALIFORNIA, RESOURCES
AGENCY, DEPARTMENT OF PARKS AND RECREATION.
The City Council of City of Atascadero resolves as follows :
Section 1. The Project Agreement attached hereto as Exhibit A
between the City of Atascadero and the State of California,
the terms of which provision is made for federal reimbursement
of an amount not to exceed $34 , 403 under provisions of the Land
and Water Conservation Fund Act of 1965 for the development of
Project No. 06-01002 , South Atascadero Park Development Project,
as described below,
South Atascadero Park Development Project - Install overhead .lighting,
backstops, fencing, and dug-out benches for two softball/multi-
purpose fields
' is hereby approved in all respects .
Section 2 . The City Manager of the City of Atascadero is hereby
authorized and directed to execute five copies of said Project
Agreement.
Section 3. The City clerk shall certify to the passage of this
resolution by the City of Atascadero and it shall thereupon take
effect.
' On motion by Councilman Molina and seconded by Councilman
Nelson , the foregoing resolution is hereby adopted in its
entirety on the following vote:
AYES: Councilmen Molina, Nelson, Stover, Wilkins and Mayor Mackey
' NOES: None
ABSENT: None
ADOPTED: September 26, 1983
' MARJOR E R. MACKEY, Mayor,
ATTEST:
PATSY . _ nESTER, Deputy City Clerk
APPROVED A TO FORM:
i v
ALLEN GRIMES, City Attorney
' APPROVED AS TO CONTENT:
' MU Y L. �ARDEN,- City Manager
-2-
t
' STATE OF CALIFORNIA
Department of Parks and Recreation
PROJECT AGREEMENT
Land and Water Conservation Fund Program
Project Title South Atascadero Park Development
Participant City of Atascadero
Project Period 8/31/83 to 6/30/88 Project Number 06-01002
Project Scope: Project will consist of sports and playfields and support
facilities.
•The City agrees to submit plans and specifications for review and
approval to this Department by January 1, 1984.
' Stage Covered by this Agreement Complete
Project Cost:
Total Estimated Direct Project Cost (as shown in $ 68,000 (1)
project proposal)
' Amount of Line (1) subject to surcharge $ 68,000 (2)
Surcharge--State Administrative Assessment 0.8
of Line (2) (subject to adjustment, see
Paragraph 2, Page 4) $ 806 (3)
' Total Project Costs Eligible for Federal Funding
(Line 1 plus Line 3) 68,806 (4)
Federal Participation--up to 50.1 of Line (4), or
up to 50'0 of actual costs, whichever is the
lesser, not to exceed: $ 34,403 (5)
' Continued on are 6 pages numbered 2 through 7 inclusively.
City of Atascadero
ARTICIPAN
By
Title Ci Manager
STATE DEPARTMENT _
OF PARKS AND Date
RECREATION
By By
Date Title
Date
(6/,7g)
' LAND AND WATER CONSERVATION FUND
PROJECT AGREEMENT
I. Definitions
A. The term "NPS" as used herein means the National Park Serivice, United States Department of the Interior.
B. The term"Director"as used herein moons the Director of the National Pork Service,or any representative lawfully delegated the authority to act for such
Director.
C. The tern"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.
D. The term "Manual" as used herein means the National Park Service Manual, formerly the Bureau of Outdoor Recreation Manual (Outdoor Recreation
Grants-in-Aid Manual).
E. 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.
F. 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.
G. The term "State" as used herein means the State of California,and/or its official representative,the Department of Parks and Recreation.
H. The term "Participant"as used herein moons the recipient of the federal funds to be disbursed in accordance with the terms of this agreement.
I. The term"State Funds"as used herein means those moneys made available by the State as matching money for projects under the Land and Water Conservation
Fund Act of 1965,78 Stat.897 (1964)_
' ll. Continuing Assurances
The parties to the project agreement specifically recognize that the Land and Water Conservation Fund assistance
project creates an obligation to maintain the property described in the project agreement consistent with the Land
and Water Conservation Fund Act and the following requirements.
' Further, it is acknowledged intent of the parties hereto that recipients of assistance will use moneys granted
hereunder for the purposes of this program, and that assistance granted from the Fund will result in a net increaser
commensurate at least with the State cost-share, in a participant's outdoor recreation. It is intended by both parties
' hereto that assistance from the Fund will be added to, rather than replace or be substituted for, State and local
outdoor recreation funds.
A. The participant agrees,as recipient of this assistance,that it will meet the following specific requirements and the terms of the project agreement.
B. The participant agrees that the property described in the project agreement and the dated project boundary map made part of that agreement is being acquired
or developed with Land and Water Conservation Fund assistance or is integral so such acquisition or development,and that,without the approval of the Liaison
Officer,the Director,and/or the Secretary of the Interior,it shall not be converted to other than public outdoor recreation use but shall be maintained in public
outdoor recreation in perpetuity or for the term of the lease in the case of loosed property.The Secretary shall approve such conversion only if he finds it
to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions as he deems necessary to assure the
substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location.This replacement land
becomes subject to Section 6(f)(3)protection.The approval of conversion shall be at the sole discretion of the Secretary,or his designee.Prior to the completion
of this project,the participant,the Liaison Officer,and the Director may mutually alter the area described in the project agreement and the dated project
boundary map to provide the most satisfactory public outdoor recreation unit,except that acquired parcels are afforded Section 6(f)(3) protection as Fund
reimbursement is provided.
In the.event the National Park Service provides Land and Water Conservation Fund assistance for the acquisition and/or development of property subject
to reversionary interests with full knowledge of those reversionary interests,conversion of said property to other public outdoor recreation uses as a result
of such reversionary interest being exercised is approved.In receipt of this approval,the participant agrees to notify the State of the conversion as soon as
possibie and to seek approval of replacement property in accord with the conditions set forth in these provisions.The participant further agrees to effectuate
such replacement within a reasonable period of time,acceptable to the State,after the conversion of property takes place.The provisions of this paragraph
are also applicable to:leased properties acquired and/or developed with Fund assistance where such lease is terminated prior to its full term due to the existence
of provisions in such lease known and agreed to by the State;and properties subject to other outstanding rights and interests that may result in a conversion
' when known and agreed to by the State.
C. The participant agrees that the benefit to be derived by the State from the full compikmce by the participant with the terms of this agreement is the preservation,
protection,and the net increase in the quality of public outdoor recreation facilities and resources with aro available to the people of the State and of the
United States,and subh benefit exceeds to on immeasurable and unascertainable extent the amount of money furnished by the State by way of assistance
under the terms of this agreement.The participant agrees that payment by the participant to the State of an amount equal to the amount of assistance extended
under this agreement by the State would be inadequate compensation to the State for any breach by the participant of this agreement.The participant further
agrees,that the appropriate remedy in the event of a breach by the participant of this agreement shall be the specific performance of this agreement.
D. The participant agrees to comply with the policies and procedures set forth in the National Pork Service Grants-nn-And Manual.Provisions of said Manua)are
incorporated into and made a part of the project agreement.
E. The participant ogress that the property and facilities described in the project agreement shall be operated and maintained as prescribed by Manual
requirements.
F. The participant agrees that a permanent record shall be kept in the participant's public property records and available for public inspection to the effect that
the property described in the scope of the project agreement,and the dated project boundary map made part of that agreement,has been acquired or developed
with Land and Water Conservation Fund assistance and that it cannot be converted to other than public outdoor recreation use without the written approval
of the Liaison Officer,the Director,and/or the Secretary of the Interior.
2
G. Nondiscrimination
1. The participant shall comply with Title VI of the Civil Rights Act of 1964 (P.L.88-352) and in accordance with Title VI of that Act,no person in the United
States shall,on the ground of race,religion,color,or national origin,be excluded from participation in,be denied the benefits of,or be otherwise subjected
to discrimination in the use of any property or facility acquired or developed pursuant to the project agreement.The participant shall immediately take
any measures necessary to effectuate this provision.This assurance shall be binding on the participant or any political subdivision or other appropriate
public agency to which Fund assistance or property acquired or developed with Fund assistance has been transferred for public recreation purposes.
2. The participant shall comply with Title VI of the Civil Rights Act of 1964(42 U.S.C.2000d) prohibiting employment discrimination where (1) the primary
purpose of a grant is to provide employment or(2) discriminatory employment practices will result in unequal treatment of persons who are or should '
be benefitting from the grant-aided activity.
3. The participant shall comply with the regulations and guidelines promulgated pursuant to the Civil Rights Act of 1964 by the Secretary of the Interior '
and the National Park Service.
4. The provisions of the first three paragraphs apply to any part of the recredtion system within which the assisted facility or property exists.
5. The participant 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 as set forth in the Manual
Ill. Project Assurances ,
A. Applicable Federal Circulars
The participant shall comply with applicable regulations,policies,guidelines and requirements including Office of Management and Budget Circulars No.A-95
(Evaluation,review,and coordination of federal assistance programs and projects) and A-102 (Uniform administrative requirements for grants-in-aid to state
and local governments) and FMC 74.4 (Cost primciples applicable to grants and contracts with state and local governments) as they relate to the application,
acceptance and use of federal funds for this federally assisted project.
B. Project Proposal
1. The project proposal for State assistance bearing the some project number as the agreement and associated documents is by this reference made a part '
of the agreement.
2. The participant possesses legal authority to apply for the grant,and to finance and construct the proposed facilities.A resolution,motion or similar action
has been duly adopted or passed authorizing the filing of the project proposal,including all understandings and assurances contained therein,and directing
and authorizing the person identified as the official representative of the participant to act in connection with the project proposal and to provide such
additional information as may be required.
3. The participant has the ability and intention to finance the non-state share of the costs for the project.Sufficient funds will be available to assure effective ,
operation and maintenance of the facilities acquired or developed by the project.
C. Project Execution
1. 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 Uoison Officer from the
National Park Service.This item shall not apply when the participant is an agency of the State of California.
2. The Liaison Officer 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 some to reimburse the participant up to 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 twice the federal share of direct eligible project
costs.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.
3. The project period shall begin with the date of approval of the project agreement or the effective date of a waiver of retroactivity and shall terminate '
at the end of the stated or amended project period unless the project is completed or terminated sooner in which event the project period shall end on
the date of completion or termination.For project elements added to a consolidated project,the project period will begin on the date the project element
is approved.
4. The participant will cause work on the project to be commenced within a reasonable time after receipt of notification that funds have been approved '
and assure that the project will be prosecuted to completion with reasonable diligence.
5. The participant will require the facility to be designed to comply with the"American Standard Specifications for Making Buildings and Facilities Accessible '
to,and Usable by,the Physically Handicapped,Number Al 17.1-161,as modified (41 CFR 101-17.703).The State will be responsible for conducting
inspections to insure compliance with these specifications by the contractor.
6. The participant shall secure completion of the work in accordance with approved construction plans and specifications,and shall secure compliance with
all applicable federal,state,local laws and regulations.
7. In the event the project covered by the project agreement,including future stages of the project,cannot be completed in accordance with the plans and
specifications for the project;the participant shall bring the project to a point of recreational usefulness agreed upon by the participant and,the Director
or his designee,and the Liaison Officer. '
3
8. The participant will provide for and maintain competent and adequate architectural engineering supervision and inspection at the construction site to
insure that the completed work conforms with the approved plans and specifications;that it will furnish progress reports and such other information as
the NPS may require.
9. The participant will comply with the terms of Title 11 and Title III,the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(P.L.91-646),94 Stat.1894 (1970),and the applicable regulations and procedures implementing such Act for all real property acquisitions and where
applicable shall assure that the Act has been complied with for property to be developed with assistance under the project agreement.
10. The participant will comply with the provisions of:Executive Order 11988,relating to evaluation of flood hazards;Executive Order 11288,relating to
the prevention,control,and abatement or water pollution,and Executive Order 11990,relating to the protection of wetlands.
1 11. The participant will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973,Public Law
93-234,87 Stat.975,approved December 31,1976.Section 102(a) requires,on and after March 2,1975,the purchase of flood insurance in communities
where such insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition pruposes for use in any
area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards.The
phrase"federal financial assistance"includes any form of loan,grant,guaranty,insurance payment,rebate,subsidy,disaster assistance loan or grant,
' or any other form of direct or indirect federal assistance.
12. The participant will insure that the facilities under its ownership,lease or supervision which shall be utilized in the accomplishment of the project are
not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities,pursuant to 40 CFR, Part 15.20 and that it will notify the State
and NPS of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be utilized in the
project is under consideration for listing by the EPA.The participant agrees to comply with all applicable standards,orders,or regulations issued pursuant
to the Clean Air Act of 1970.The participant further agrees to insert this clause into any contract or subcontract in excess of$100,000.
13. The participant will assist the State and NPS in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 U.S.C.
' 470),Executive Order 11593,and the Archeological and Historic Preservation Act of 1966 (16 U.S.C.4690-1 et seq) by(a) consulting with the State
Historic Preservation Officer on the conduct of investigations,as necessary,to identify properties listed in or eligible for inclusion in the National Register
of Historic Places that are subject to effects (see CFR Part 800.8) by the activity,and notifying the federal grantor agency of the existence of any such
properties,and by(b)complying with all requirements established by the federal grantor agency to avoid or mitigate adverse effects upon such properties.
D. Construction Contracted for by the Participant Shall Meet the Following Requirements:
1. Contracts for construction in excess of$10,000 shall be awarded through a process of competitive bidding involving formal advertising,with adequate
purchase description,sealed bids,and public openings.Copies of all advertisements,bids,and a copy of the contract shall be retained for inspection
by the Director and the State.
2. The participant shall inform all bidden on contracts for construction that federal funds are being used to assist in construction.
3. Written change orders shall be issued for all necessary changes in the facility being constructed under contracts of$10,000 or more.Such change orders
shall be mads a part of the project file and should be kept available for audit.
4. Contracts for construction shall include o provision for compliance with the Copeland"Anti-Kickback"Act(18 U.S.C.874)as supplemented by Department
of Labor regulations (29 CFR,Part 3).
' S. The participant will comply with other procurement standards of OMB Circular A-102,Attachment O,except for provisions related to compliance with
Davis Bacon Act requirements (unless required by a program providing supplemental funding).Should supplemental funding be provided which requires
compliance with Davis Bacon Act requirements,off construction contracts awarded by the grantee and subgrantee in excess of$2,000 shall include a
provision for compliance with such Act (40 U.S.C.2760 to a-7) and as supplemented by Department of Labor regulations (29 CFR,Part 5).
6. The participant shall incorporate,or cause to be incorporated,into all construction contracts exceeding$10,000 (ten-thousand),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,religion,color,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 or national arigin.Such action shall include,but not be limited to,the following:Employment;upgrading;demotion or transfer;
recruitment or recruitment advertising;layorr or termination;rates of pay or other forms of compensation;and selection for training,including apprentice-
ship.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 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,religion,color,sex,or national origin.
"(3) The contractor will send to each labor union or representative 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
comminnents under Section 202 of Executive.Order No.11246 as amended (3 CFR 169 (1974));and shall post copies of notices in conspicuous places
available to employees and applicants for employment.
' "(4) The contractor will comply with all provisions of Executive Order No. 11246,as amended,and 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,as amended,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,the State,
and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
4
"(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 contractor may be declared ineligible for further government contracts
in accordance with procedures authorized in Executive Order No. 11246,as amended,and such other sanctions may be imposed and remedies invoked
as provided in Executive Order No. 11246,as amended,or by rules,regulations,or orders 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 unless exempted by rules,
regulations,or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246,as amended,so that such provisions will be
binding upon each subcontractor or vendor.The contractor will take such action with respect to any subcontract or purchase order as the contracting
agency may direct as a means of enforcing such provisions including sanctions for noncompliance: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.
7. The participant shall (1) comply with the above provisions in construction work carried out by itself, (2) assist and cooperate actively with the Secretary
of the Interior 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 Secretary of the Interior and to the Secretary of Labor
such information as they may require for the supervision of such compliance, (4) enforce the obligation of contractors and subcontractorunder such
provisions, rules, regulations, and orders, (5) carry out sanctions and penalties for violation of such obligations imposed upon contractors and ,
subcontractors by the State,or the Secretary of Labor,or the Secretary of the Interior pursuant to Part 11, Subpart D,of Executive Order No. 11246,
as amended,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,as amended.In addition,the participant agrees that if it fails or refuses to comply with these undertakings,the NPS may take any
or all of the following actions:Cancel,terminate,or suspend in whole or in part this grant;refrain from extending any further assistance to the applicant
under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such
applicant;and refer the case to the Department of Justice for appropriate legal proceedings.
E. Conflict of Interests
1. No official or employee of the participant State,or Federal Government 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 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 in 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
shag be in the form of an agreement made with a corporation for its general benefit.
4. The participant,State,and the Director shall be responsible for enforcing the above conflict of interest provisions.
F. Hatch Act ,
The participant will comply with the provisions of the Hatch Act which provides that no officer or employee of the participant whose principal employment
is in connection with any activity which is financed in whole or in port pursuant to this agreement shag take part in any of the political activity prescribed
in the Hatch Political Activity Act,5 U.S.C. Sec. 11Sk (1964),with the exceptions therein enumerated. '
G. Project Costs
1. Project casts eligible for assistance shall be determined upon the basis of the criteria set forth in the Manual and FMC 74.4.
2. The agreement may include the use of the indirect cost rate currently approved,in accordance with FMC 74-4,for the participant that is a party to this
agreement.
H. Project Administration
1. The participant shall promptly submit such reports and documentation as the Director or Liaison Officer may request. '
2. Any moneys advanced to the participant are"public moneys"and shall be deposited in a bank with FDIC insurance coverage and the balances exceeding
the FDIC coverage shag be collaterally secured as provided for in 12 U.S.C.265.
3. The participant shall use any funds received by way of advance payment from the State under the terms of this agreement solely for the project of project
stage described in the agreement.
4. Properties and facilities acquired or developed with Fund assistance shall be available for inspection by the State or the NPS at such intervals as the
Raison Officer or the Director shall require.
I. Retention and Custodial Requirements for Records
1. Financial records,supporting documents,statistical records,and all other records pertinent to this grant shall be retained for a period of three years;
except the records shall be retained beyond the three-year period if audit findings have not been resolved. '
2. The retention period starts from the date of the find expenditure report for the project or the consolidated project element.
3. State and local governments aro authorized to subsittute microfilm copies in lieu of original records.
4. The Liaison Officer,Secretary of the Interior,and the Comptroller General of the United States,or any of their duly authorized representatives, shall
have access to any books,documents,papers,and records of the participant and their subgrantee:which are pertinent to a specific project for the purpose
5
of making audit,examination, excerpts and transcripts.
J. Project Termination
1. The Liaison Officer of the Director may temporarily suspend State assistance under the project pending corrective action by the participant or pending
a decision to terminate the grant by the NPS or the State.
2. The participant may unilaterally terminate the project or consolidated project element at any time prior to the first payment on the project or consolidated
1 project element.After the initial payment, the project may be terminated,modified, or amended by the participant only by mutual agreement.
3. The Liaison Officer or the Director may terminate the project in whole,or in part,at any time before the date of completion,whenever it is determined
that the grantee has failed to comply with the conditions of the grant.The Liaison Officer or Director will promptly notify the participant in writing of
1 the determination and the reasons for the termination,together with the effective date.Payments made to the participant or recoveries by the State
under projects terminated for cause shall be in accord with the legal rights and liabilities of the parties.
4. The Director,State,or participant,may terminate grants in whole,or in part at any time before the date of completion,when both parties agree that
the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds.The two parties shall agree upon
the termination conditions,including the effective date and,in the case of partial termination conditions,including the effective date and,in the case
of partial termination,the portion after the effective date,and shall cancel as many outstanding obligations as possible.The State may allow full credit
to the participant for the state share of the nonconcellable obligations,properly incurred by the grantee prior to termination.
5. Terminations either for cause or for convenience requires that the project in question be brought to a state of recreational usefulness agreed upon by
' the participant,the Liaison Officer,or the Director,or that all funds provided by the National Park Service be returned.
K. Fund Aclmowledgment
The participant will permanently display in a conspicuous place a bronze plaque which acknowledges Land and Water Conservation Fund assistance.The plaque
1 wiN be provided by the State Department of Parks and Recreation and its installation by the participant wi8 be required upon initial development of the property.
L Hold Harmless
The participant shall indemnify the State of California and its officers,agents and employees against and hold the some free and harmless from any and all
claims,demands,damages,losses,costs,and/or expenses of liability due to,or arising out of,either in whole or in part,whether directly or indirectly,the
orgonizatan,development,construction,operation,or maintenance of the project.
i
1
1
1
1
1
1
1
6