25E - AGMT - JOINT USE AND REIMBURSEMENT FOR WILLARD INTERMEDIATE

Home Browse Search

including by not limited to the Americans With Disabilities Act of 1990(42 U.S.C.§12101 et. seq.) and the California Unruh Act (California Civil Code §51 et.seq.) The California Department of Parks and Recreation (hereinafter "DPR") and/or City shall have the right to inspect all property or facilities developed or constructed with Prop 84 grant funding. District shall make said property available for inspection upon 24-hour notice from DPR or City. District agrees that final payment may not be made until the work required to complete the Facilities, as described in City's Grant Application, is complete. B. Project Termination. Because the benefit to be derived by the City from the full compliance by the District with the terms of this contract, is the preservation, protection and net increase in the quantity and quality of parks, public recreation facilities, opportunities and/or historical resources available to the people of the State of California and because such benefit exceeds to an immeasurable and unascertainable extent, the amount of money furnished through Proposition 84 grant monies under the provisions of this contract, the District agrees that payment by the District to the State and/or City of an amount equal to the amount of the Grant Monies disbursed under this Agreement by the City would be inadequate compensation for any breach by the District of this Agreement. The District further agrees therefore, that in addition to compensatory damages, the appropriate remedy in the event of a breach of this Agreement by the District shall be the specific performance of this contract, unless otherwise agreed to by the City. C. Budget Contingency Clause. For purposes of this Project, if funding for the Facilities is reduced or deleted by the State of California, the City shall have the option to either cancel this contract with no liability occurring to the City, or offer a contract amendment to District to reflect a reduced grant amount provided by the DPR. This reduction shall not require mutual agreement of the parties. D. Financial Records. 1. The District shall maintain satisfactory financial accounts, documents and records for the project and make them available to the DPR and/or City for auditing at reasonable times. The District also agrees to retain such financial accounts, documents and records for five years following project termination or final payment, whichever is later. 2. The District shall keep such records as the DPR and/or City shall prescribe, including records which fully disclose (a) the disposition of the proceeds of Prop 84 funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit. 3. The District agrees that the DPR and/or Ctiy shall have the right to inspect and make copies of any books, records or reports pertaining to this contract or matters related thereto during regular office hours. The District shall maintain and make available for inspection by the DPR and/or City accurate records of all of its costs, disbursements and receipts with respect to its activities under this contract. Such accounts, documents, and records shall be retained by the District for five (5) years following final payment. 4. The District shall use a generally accepted accounting system that clearly records costs incurred on the Facilities and accurately reflects fiscal transactions with necessary controls and safeguards. District shall submit written project status reports within 30 calendar days after the DPR, or City has made such a request. District shall provide the City a report showing total final Project expenditures within sixty (60) days of Project completion. E. Audit. To the extent the District uses California Proposition 84 funds for the Project, the District is subject to audit by the DPR and/or City. Upon request of DPR or City, District shall provide all Project records, including the source documents and cancelled warrants, books, papers, accounts, time sheets, or other records requested by DPR. Additionally, District shall provide an employee having knowledge of the Project and its records to assist DPR's auditor. Construction Reimbursement Agreement - City of Santa Ana/SAUSD - Willard Facilities Page 5 25E-15