25B - AGMT - JOINT USE ROOSEVELT ELEMENTARY

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origin, religion, sexual orientation, disability, medical condition or marital status, and therefore each Party agrees to comply with applicable Federal and California laws including, but not limited to the California Fair Employment Practice Act beginning with Government Code Section 12900 and Labor Code Section 1735. In addition, the District agrees to require like compliance by all its contractor(s) and subcontractor(s) on the Project. 11. Terms Required Based on Proposition 84 Funding. The following terms are made a part of this Agreement, as required by the Parties participation in and use of funds from the Prop. 84 grant program. A. Project Administration. 1. District shall comply with all applicable laws and regulations affecting acquisition and development projects, including but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, 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.) 2. 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. 3. 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 Agreement, 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 Prop. 84 grant monies under the provisions of this Agreement, 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 Agreement, unless otherwise agreed to by the City or unless prohibited by applicable law. C. Budget Contingency Termination or Revision Clause. If Prop. 84 funding for the Facilities is reduced or deleted by the State of California, the City shall immediately provide notice to the District and shall have the option to either terminate this Agreement or provide an alternative funding source. The Joint Use Agreement shall be revised accordingly to reflect the changed amount of funding and a corresponding changed amount of use, subject to the reasonable determination of the Parties. The District shall not be liable to reimburse the City for City-provided and/or Prop. 84 funds that have been expended prior to the notice of termination. 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. Construction Reimbursement Agr - City of Santa Ana/SAUSD - Roosevelt- Walker Facilities 1/31/13 Page 4 25B-34