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CC Resolution 11873RESOLUTION NO.: iia~3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING ~~ THE APPLICATION FOR GRANT FUNDS FOR THE CALIFORNIA CULTURAL AND HISTORICAL ENDOWMENT'S MUSEUM GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002 (PROPOSITION 40) WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and WHEREAS, the California Cultural delegated the responsibility for the establishing necessary procedures; and and Historical Endowment has been administration of this grant program, WHEREAS, said procedures established by the California Cultural and Historical Endowment require a resolution certifying the approval of application(s) by the Applicants governing board before submission of said application(s) to the State; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the Project NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell: 1. Approves the filing of an application for the (name of the project); and 2. Determines Applicant Is eligible to apply for a State grant due to status as a 501 (c) 3non-profit organization, government entity, or Federally Registered tribe; and 3. Certifies that applicant understands the assurances and certification in the application herein, and 4. Certifies applicant organization has long-term control of the property and will provide satisfactory documentation of the long-term control as part of the grant agreement development process; and 5. Certifies that applicant or title holder will have sufficient funds to operate and maintain the project consistent with the land tenure requirements; or will secure the resources to do so; and 6. Certifies the proposed project/organization is free of any legal challenges that could undermine progress on the project; and 7. Gives State permission to publish any provided digital image to its website and to crop or resize the image; and 8. Agrees to acknowledge State's support in any news media, brochures, articles, publications, seminars, exhibits, buildings, displays, products, or other promotion materials about the funded project; and 9. Certifies that it will comply with the provisions of Section 1771.5 of the State Labor Code regarding payment of prevailing wages on Projects awarded Proposition 84 Funds, and 10. Agrees that projects involving construction, renovation, repair, rehabilitation, or ground or visual disturbances must comply with all current laws and regulations which apply to the Project, including, but not limited to, labor codes related to prevailing wage, legal requirements for construction contracts, building codes, environmental laws, health and safety codes, disabled access and historic preservation laws and environmental laws. Grantee will be required to certify that, prior to commencement of construction, all applicable permits and licenses (e.g., state contractor's license) will be obtained; and 11. Agrees to adhere to the Americans with Disabilities Act of 1990 (ADA) and the 2010 ADA Standards for Accessible Design. Title III of the ADA covers places of public accommodation (such as museums, libraries, and educational institutions) and includes a specific section regarding new construction and alterations in public accommodations; and 12. Agrees that projects involving construction, renovation, repair, rehabilitation, or ground or visual disturbances must comply with the National Historic Preservation Act and NAGPRA (Native American Graves Protection and Repatriation Act); and 13. Waives all rights to privacy and confidentiality of the material submitted to State, and 14. Agrees to execute a grant agreement prior to the encumbrance deadline of June 30, 2017, and will caused work on the project to be commenced within a reasonable time after encumbering the funds, so that the project will be complete and the final invoice submitted to the State by May 1, 2019; and 15. Agrees that for all property acquired or developed with Museum Grant funds, applicant will accept, sign, notarize and record a declaration of covenants, conditions and restrictions (deed restrictions) which attaches the conditions of the grant, as set forth in the grant agreement, on the use and enjoyment of the property until the end land tenure date specified in the grant agreement; and 16. Appoints the Senior Museum Specialist, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s). PASSED AND ADOPTED this 1st day of September 2015 by the following roll call vote: AYES: Councilmembers: ribbons, Resnikoff, Kotowski, Baker, Cristina NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: Jeffrey I~f2f(stina, Mayor ATTEST: Wendy ood, City Clerk