HomeMy WebLinkAboutC-3461(A) - Grant Contract - Corona del Mar State Beach, Beach Amenity ImprovementC_ M LQI A
Lontract Number L,goo v'� i6
State of California — The Resources Agency
Department of Parks and Recreation
GRANT CONTRACT
Locally Operated Units of the State Park System
GRANTEE: City of Newport Beach
PROJECT TITLE Corona del Mar State Beach, Beach Amenity Improvement
PROJECT NUMBER LOU -02$
PROJECT PERFORMANCE PERIOD is from 07/01/2001 through 06/30/2009
Under the terms and conditions of this Contract, the Grantee agrees to complete the
Project as described in the Project description, and the State of California, acting through
its Director of Parks and Recreation pursuant to the Locally Operated Units of the State
Park System in the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal
Protection Bond Act of 2000, agrees to fund the Project up to the total Project Grant
Amount indicated.
PROJECT DESCRIPTION:
This project would replace the concession stands at Corona del Mar State Beach
with a 3,000 square foot concessionaire food, drink, and rental facility. The new
facility will maximize views, incorporate solar power, and contain open-air eating
and dining areas. This project will also include removal, redesign, and new
construction of shading infrastructure, replacement of interpretive signage to
protect tidepools, and add a permanent 1,900 square foot lifeguard facility to
allow storage of and access to lifeguard vehicles onsite.
AMOUNT ENCUME
DOCUMENT:
$479,000
PRIOR AMOUNT E
CONTRACT:
CERTIFICATE OF FUNDING (FOR STATE USE ONLY)
RED BY THIS PROGRAM FUND
Local Assistance 2000 Bond Fund
UMBERED FOR THIS
TOTAL AMOUNT ENCUMBEREI
$479,000
T.B.A. NO. B.R. NO.
...........................
I hereby certify upon my personal
DATE:
SIGNATURE OF ACCOUNTING OFFICER
Page 1 of 8
that budgeted funds are available for this encumbrance.
ZSJ1 U
DATE
TOTAL PROJECT GRANT AMOUNT NOT TO EXCEED: $479,000
The General and Special Provisions attached are made a part of and incorporated into the
Contract.
CITY OF NEWPORT BEACH STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND
RECREATION
By ,,,� By
Signature of Auth rized Representative
Title Title
Date Date
A�lacr� !8 Zee,-,
By
Title
Date
Page 2 of 8
GRANT CONTRACT
SPECIAL PROVISIONS
General Provisions
A. Definitions
The term "Act" as used herein means the Appropriation for the
Program.
2. The term "Application" as used herein means the individual
Application and its required attachments for grants pursuant to the
enabling legislation and/or Program.
3. The term "Development" as used herein means improvements to
real property by construction of new facilities or renovation or
additions to existing facilities.
4. The term "Grantee" as used herein means the party described as the
Grantee on page 1 of this Contract.
5. The term "Project" as used herein means the Project described on
page 1 of this Contract.
6. The term "State" as used herein means the State of California
Department of Parks and Recreation.
B. Project Execution
Subject to the availability of grant monies in the Act, the State hereby
grants to the Grantee a sum of money (grant monies) not to exceed
the amount stated on page 1, in consideration of, and on condition
that, the sum be expended in carrying out the purposes as set forth in
the Description of Project on page 1, and under the terms and
conditions set forth in this Contract.
The Grantee shall assume any obligation to furnish any additional
funds that may be necessary to complete the Project. Any
modification or alteration in the Project as set forth in the Application
on file with the State must be submitted to the State for approval.
2. The Grantee shall complete the Project in accordance with the time of
Project Performance set forth on page 1, and under the terms and
conditions of this Contract.
Page 3 of 8
3. The Grantee shall comply as lead agency with the California
Environmental Quality Act (Public Resources Code, Section 21000,
et. seq., Title 14, California Code of Regulations, Section 15000 et.
seq.)
4. The Grantee shall comply with all applicable current laws and
regulations affecting Development Projects, including, but not limited
to, legal requirements for construction Contracts, building codes,
health and safety codes, and disabled access laws.
5. Pursuant to Department policy (DAM 1400), the Grantee shall be in
compliance with the Access to Park Guidelines.
6. The Grantee shall use the property acquired or developed with grant
monies under this Contract only for the purposes for which the State
grant monies were requested and no other use of the area shall be
permitted except by specific act of the Legislature.
7. Pursuant to guidelines issued by the Secretary for Resources, all
recipients of funding from the 2000 Bond Act shall post signs
acknowledging the source of the funds. (See Appendix E of the
Procedural Guide)
8. The Grantee shall permit periodic site visits by the State, including a
final inspection upon Project completion by the State, to determine if
Development work is in accordance with the approved Project Scope.
9. Prior to the commencement of any work, the Grantee agrees to
submit any significant deviation from the original Project Scope in
writing to the State for prior approval. Changes in the Project Scope
must be approved in writing by the State and must meet the exact
need described in the original Project Application.
10. If the Project includes Acquisition of real property, the Grantee
agrees to comply with all applicable state and local laws or
ordinances affecting relocation and real property Acquisition.
11. The Grantee shall provide for public access to Project facilities in
accordance with the intent and provisions of the enabling legislation
and/or Program.
12. The Application shall be accompanied by certification from the
Grantee's planning agency that the Project for which the grant is
requested is consistent with the park and recreation element of the
applicable state general plan.
Page 4 of 8
C. The grant process, administration, and audit requirements provided to the
Grantee under this Contract, will be as prescribed in the Procedural Guide
for Locally Operated Units of the State Park System dated September 2001,
Sections III -V.
D. Project Termination
The Grantee may unilaterally rescind this Contract at any time prior to
the commencement of the Project. After Project commencement this
Contract may be rescinded, modified or amended only by mutual
agreement in writing between the Grantee and the State.
2. Failure by the Grantee to comply with the terms of this Contract or
any other Contract under the Act may be cause for suspension of all
obligations of the State hereunder.
3. Failure by the Grantee to comply with the terms of this Contract shall
not be cause for the suspension of all obligations of the State
hereunder if in the judgment of the State such failure was due to no
fault of the Grantee. In such case, any amount required to settle at
minimum cost any irrevocable obligations properly incurred shall be
eligible for reimbursement under this Contract.
4. Because the benefit to be derived by the State, from the full
compliance by the Grantee with the terms of this Contract, is the
preservation, protection and net increase in the quantity and quality of
parks, public recreation facilities 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 by the State by way of grant monies under the
provisions of this Contract, the Grantee agrees that payment by the
Grantee to the State of an amount equal to the amount of the grant
monies disbursed under this Contract by the State would be
inadequate compensation to the State for any breach by the Grantee
of this Contract. The Grantee further agrees therefore, that the
appropriate remedy in the event of a breach by the Grantee of this
Contract shall be the specific performance of this Contract, unless
otherwise agreed to by the State.
5. The Grantee and the State agree that if the Project includes
Development, final payment may not be made until the Project
conforms substantially to this Contract.
Page 5 of 8
E. Hold Harmless
The Grantee shall waive all claims and recourse against the State
including the right to contribution for loss or damage to persons or
property arising from, growing out of or in any way connected with or
incident to this Contract except claims arising from the concurrent or
sole negligence of the State, its officers, agents, and employees.
2. The Grantee shall indemnify, hold harmless and defend the State, its
officers, agents and employees against any and all claims, demands,
damages, costs, expenses or liability costs arising out of the
Acquisition, Development, construction, operation or maintenance of
the property described as the Project which claims, demands or
causes of action arise under Government Code Section 895.2 or
otherwise except for liability arising out of the concurrent or sole
negligence of the State, its officers, agents, or employees.
3. The Grantee agrees that in the event the State is named as
codefendant under the provisions of Government Code Section 895
et. seq., the Grantee shall notify the State of such fact and shall
represent the State in the legal action unless the State undertakes to
represent itself as codefendant in such legal action in which event the
State shall bear its own litigation costs, expenses, and attorney's
fees.
4. The Grantee and the State agree that in the event of judgment
entered against the State and the Grantee because of the concurrent
negligence of the State and the Grantee, their officers, agents, or
employees, an apportionment of liability to pay such judgment shall
be made by a court of competent jurisdiction. Neither party shall
request a jury apportionment.
5. The Grantee shall indemnify, hold harmless and defend the State, its
officers, agents and employees against any and all claims, demands,
costs, expenses or liability costs arising out of legal actions pursuant
to items to which the Grantee has certified. The Grantee
acknowledges that it is solely responsible for compliance with items
to which it has certified.
F. Financial Records
1. The Grantee shall maintain satisfactory financial accounts,
documents and records for the Project and to make them available to
the State for auditing at reasonable times. The Grantee also agrees
Page 6 of 8
to retain such financial accounts, documents and records for three
years following Project termination or completion.
The Grantee and the State agree that during regular office hours
each of the parties hereto and their duly authorized representatives
shall have the right to inspect and make copies of any books, records
or reports of the other party pertaining to this Contract or matters
related thereto. The Grantee shall maintain and make available for
inspection by the State accurate records of all of its costs,
disbursements and receipts with respect to its activities under this
Contract.
2. The Grantee shall use a generally accepted accounting system.
G. Use of Facilities
1. The Grantee agrees that the Grantee shall use the property
developed with grant monies under this Contract only for the
purposes for which the State grant monies were requested and no
other use of the area shall be permitted except by specific act of the
Legislature.
2. The Grantee shall maintain and operate the property developed for
a period commensurate with the type of Project and the proportion
of State grant funds and local funds allocated to the capital costs of
the Project, as determined by the State.
H. Nondiscrimination
1. The Grantee shall not discriminate against any person on the basis
of sex, race, color, national origin, age, religion, ancestry, sexual
orientation, or disability in the use of any property or facility
developed pursuant to this Contract.
2. The Grantee 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 and pursuant to law.
3. All facilities shall be open to members of the public generally,
except as noted under the special provisions of this Project
Contract or under provisions of the enabling legislation and/or
Program.
Page 7 of 8
Application Incorporation
The Application and any subsequent change or addition approved by
the State is hereby incorporated in this Contract as though set forth in
full in this Contract.
J. Severability
2. If any provision of this Contract or the Application thereof is held
invalid, that invalidity shall not affect other provisions or Applications
of the Contract which can be given effect without the invalid provision
or Application, and to this end the provisions of this Contract are
severable.
Page 8 of 8
State of California • The Resourc( jency Gray Davis, Governor
DEPARTMENT OF PARKS AND RECREATION
OFFICE OF ACQUISITION AND REAL PROPERTY SERVICES
ONE CAPITOL MALL, SUITE 500
SACRAMENTO, CA 95814
(916) 445-8785
October 24, 2003
Mr. Dave Kiff
City of Newport Beach
Newport Beach City Hall
3300 Newport Boulevard
Newport Beach, California 92663
Dear Mr. Kiff:
LOCAL ASSISTANCE GRANT CONTRACT: LOU -028
CORONA DEL MAR STATE BEACH
BEACH AMENITY IMPROVEMENT GRANT C2009396
Ruth Coleman, Director
The Department of Parks and Recreation (DPR) is pleased to return to you a fully
executed $479,000 grant contract for the Corona Del Mar Beach Amenity Improvement
Project.
Prior to commencement of the improvement project, please forward to the
Department of Parks and Recreation photos of the "before" condition of the site.
Further, prior to commencement of construction, you must obtain any required
permits (e.g., Fish and Game, and Corps of Engineers, etc.), and provide
documentation to DPR to authenticate these permits.
Finally, submit all project plans to DPR for approval prior to commencement of
work.
Should you have any questions, please feel free to contact me at the telephone
number above, or e-mail me at Istel aparks. ca.gov.
Sincerely,
Elizabeth L. Steller
Senior Land Agent
Enclosure
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
iAN z 6 2003
Agenda Item No. ii
January 28, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Lloyd Dalton, P.E.
949 - 644-3311
Idalton @city.newport- beach.ca.us
SUBJECT: CORONA DEL MAR STATE BEACH IMPROVEMENTS —APPROVAL OF
GRANT CONTRACT NO. 3461
RECOMMENDATIONS:
1. Affirm the Notice of Exemption for this project.
2. Adopt Resolution No. 2003- 6 appointing the City Manager to act as agent
for the City.
3. Approve a Grant Contract with the State Department of Parks and Recreation,
and authorize the Mayor and the City Clerk to execute the contract.
DISCUSSION:
Public facilities at the Corona del Mar State Beach have been built, operated, and
maintained by the City of Newport Beach under an operating agreement with the State
of Califomia. The City of Newport Beach's current 30 -year agreement with the State
expires in the year 2029.
Beach facilities built in 1951, 1960, 1965, and 1970 are antiquated and have
deteriorated in the hostile salt air environment to the extent they should be removed
and rebuilt. These facilities include a building containing two concession stands, a
rental stand, and two men's and two women's restrooms.
Shade and picnic structures, landscaping, parking, traffic circulation, accessibility, and
lighting improvements are also needed at this very popular destination beach. In
addition, the Fire Department desires to build a combination lifeguard substation /first
aid station area for lifeguard use and the Harbor Resources Division has requested
space for storage and interpretive exhibits.
The State's Department of Parks and Recreation has approved this project to receive a
$479,000 grant under the Safe Neighborhood Parks, Clean Water, Clean Air, and
SUBJECT: CORONA DEOW STATE BEACH IMPROVEMENTS — APPROVA* GRANT CONTRACT NO. 3461
January 28, 2003
Page 2
Coastal Protection Bond Act of 2000. The State's Local Assistance Grant Program
procedures requires the City Council to certify by Resolution their approval to accept
the grant and appoint an agent to enter into a grant contract with the Department of
Parks and Recreation. Planning and schematic design work is underway.
Staff recommends the City Manager be appointed to act as agent for the City.
Environmental Review:
As the project consists of reconstructing existing structures and facilities on the same
site with structures and facilities of the same purpose and capacity, the project is
categorically exempt from the requirements of the California Environmental Quality Act.
A Notice of Exemption is attached hereto.
Funding Availability:
Approximately $1.5 million is budgeted for this project; including approximately $1
million of principal and interest from the American Trader Oil Spill settlement and
$479,000 from the State's grant.
Prepared
Lio)fd Dalton,
roject Manager
Attachments: Draft Resolution
Draft Grant Contract
Notice of Exemption
Submitted by:
Gri U/% v
St en G. Badum
Public Works Director
11
RESOLUTION NO. 2003-
11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING THE GRANTEE TO ACCEPT
GRANT FUNDS FOR THE LOCAL ASSISTANCE GRANT
PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN
WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT
OF 2000
WHEREAS, the people of the State of California have enacted the Local Assistance
Grant Program which provides funds to local agencies that operate units of the State Park
System; and
WHEREAS, the California Department of Parks and Recreation has been delegated
the responsibility for the administration of the grant program, setting up the necessary
procedures; and
WHEREAS, said procedures established by the. California Department of Parks and
Recreation require the Grantee's Governing Body to certify by resolution the approval of
the Grantee to accept the Local Assistance Grant award, and
WHEREAS, the Grantee will enter into a Contract with the'State of California;
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Newport
Beach hereby:
1. Approves the acceptance of the grant for Locally Operated Units of the State Park
System from the Local Assistance Grant Program under the Safe Neighborhood
Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000; and
2. Certifies that the Grantee has reviewed, understands, and agrees to the General
Provisions contained in the Contract shown in the Procedural guide; and
5
it •
3. Appoints Homer Bludau, City Manager, as agent to conduct al negotiations, execute
and submit all documents including, but not limited to agreements, payment
requests and so on, which may be necessary for the completion of the project(s).
Adopted this 28th day of January 2003.
I, the undersigned, hereby certify that the foregoing Resolution was duly adopted by the
City Council of the City of Newport Beach following a roll call vote:
Ayes _
Noes
Absent
Mayor
ATTEST:
CITY CLERK
F:\ USERS\PBMShared\ResolWons\ACCEPT GRANT FUNDS.dcc
G
C*Y OF NEWPORT BEAPH
3300 Newport Boulevard - P.O. Box 1768
Newport Beach, CA 92658 -8915
(949) 644 -3200
NOTICE OF EXEMPTION
To:
From: City of Newport Beach
❑ Office of Planning and Research
1400 Tenth Street, Room 121
Planning Department
3300 Newport Boulevard - P.O. Box 1768
Sacramento, CA 95814
Newport Beach; CA 92658 -8915
(Orange County)
County Clerk, County of Orange
Public Services Division
P.O. Box 238
Date received for filing at OPR:
Santa Ana, CA 92702
Name of Project:
e,.~a W,1, lVrA. SYa 8��i, GaCi�fd6rt i i 1 6��
Project Location: /
Specific: CvpW � &a/ $57'4k
ygt 46
Project Location -Ciyty: Project Location -Coun . :
/flew 0-10 &e a* a OHri G
Project Description:
Ke�llXe'C ez9f�r Col7CL°�O/Z �l�lr,°5 ����' -
{ltctlls�JCf
Exempt Status: (check one)
n Ministerial (Sec. 21080(b)(1);15268);
Q Declared Emergency (See. 21080(bx3); 15269(a));
0 Emergency Project (Sec. 21080(b)(4); 15269(b)(c);
[t� Categorical Exemption. State type and section number. 414 F9 Zy IS' Its-Tog
Q Statutory Exemptions. State code number:
0 General Rule (See. 15061(b)(3))
Reasons why ro'ect is exempt: eeo y
m " e
n ` fi cX! E O i
Name of Public Agency Approving Project: e1 of Almq� Koach
Date of Approval:
Name of Person or Agency Carrying Out Project: � d #41A=1 Y14/12; "rk-P t12tr1'
Contact Person: Title: pya Err trrgi r
Signature: Tel.No. W (oQ¢. 0& Date: .Jate, J(v- Z-Wf
19
s
40ontract Number
State of California — The Resources Agency
Department of Parks and Recreation
GRANT CONTRACT
Locally Operated Units of the State Park System
GRANTEE: City of Newport Beach
PROJECT TITLE Corona del Mar State Beach, Beach Amenity Improvement
PROJECT NUMBER LOU -028
PROJECT PERFORMANCE PERIOD Is from 07/01/2001 through 06/30/2009
Under the terms and conditions of this Contract, the Grantee agrees to complete the
Project as described in the Project description, and the State of California, acting through
its Director of Parks and Recreation pursuant to the Locally Operated Units of the State
Park System in the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal
Protection Bond Act of 2000, agrees to fund the Project up to the total Project Grant
Amount indicated.
PROJECT DESCRIPTION:
This project would replace the concession stands at Corona del Mar State Beach
with a 3,000 square foot concessionaire food, drink, and rental facility. The new
facility will maximize views, incorporate solar power, and contain open -air eating
and dining areas. This project will also include removal, redesign, and new
construction of shading infrastructure, replacement of interpretive signage to
protect tidepools, and add a permanent 1,900 square foot lifeguard facility to
allow storage of and access to lifeguard vehicles onsite.
Htt* t** H****}**** NN***}f* NINHHH* R}} * }*}* ** *N ***kIHN}t* *filit*-ktlf titNtf* ff* N! *t }N*HfNN *fffffNlflfH*tH *f*fif*
CERTIFICATE OF FUNDING (FOR STATE USE ONLY)
1 AMOUNT ENCUMBERED BY THIS
I PROGRAM
FUND
Local Assistance
2000 Bond Fund
9,MENT:
PRIOR AMOUNT ENCUMBERED FOR THIS
I CONTRACT NUMBER
CALSTARS VENDOR NO.
CONTRACT:
*
4000000107 -01
I
TOTAL AMOUNT ENCUMBERED TO DATE:
ITEM
CHAPTER j STATUTE
FISCAL YEAR
$479,000
3790- 101 -0005(1)(a)
106 1 2001
01
T.B.A. NO. I B.R. NO.
INDEX
PCA OBJ. EXPEND
I
I
1861
1 64015 i 702 I
i i
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.
I
SIGNATURE OF ACCOUNTING OFFICER
DATE
Page 1 of 8
TOTAL PROJECT GRANT AMOUNT NOT TO EXCEED: $479,000
The General and Special Provisions attached are made a part of and incorporated into the
Contract.
CITY OF NEWPORT BEACH
Signature of Authorized Representative
Title
Date
By
Title
Date
Page 2 of 8
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND
RECREATION
M
Title
Date
•
GRANT CONTRACT
SPECIAL PROVISIONS
General Provisions
A. Definitions
The term "Act' as used herein means the Appropriation for the
Program.
2. The term "Application" as used herein means the individual
Application and its required attachments for grants pursuant to the
enabling legislation and/or Program.
3. The term "Development' as used herein means improvements to
real property by construction of new facilities or renovation or
additions to existing facilities.
4. The term "Grantee" as used herein means the party described as the
Grantee on page 1 of this Contract.
5. The term "Project' as used herein means the Project described on
page 1 of this Contract.
6. The tern "State" as used herein means the State of California
Department of Parks and Recreation.
B. Project Execution
Subject to the availability of grant monies in the Act, the State hereby
grants to the Grantee a sum of money (grant monies) not to exceed
the amount stated on page 1, in consideration of, and on condition
that, the sum be expended in carrying out the purposes as set forth in
the Description of Project on page 1, and under the terms and
conditions set forth in this Contract.
The Grantee shall assume any obligation to furnish any additional
funds that may be necessary to complete the Project. Any
modification or alteration in the Project as set forth in the Application
on file with the State must be submitted to the State for approval.
2. The Grantee shall complete the Project in accordance with the time of
Project Performance set forth on page 1, and under the terms and
conditions of this Contract.
Page 3 of 8
The Grantee shall comply as lead agency with the California
Environmental Quality Act (Public Resources Code, Section 21000,
et. seq., Title 14, California Code of Regulations, Section 15000 et.
seq.)
4. The Grantee shall comply with all applicable current laws and
regulations affecting Development Projects, including, but not limited
to, legal requirements for construction Contracts, building codes,
health and safety codes, and disabled access laws.
5. Pursuant to Department policy (DAM 1400), the Grantee shall be in
compliance with the Access to Park Guidelines.
6. The Grantee shall use the property acquired or developed with grant
monies under this Contract only for the purposes for which the State
grant monies were requested and no other use of the area shall be
permitted except by specific act of the Legislature.
7. Pursuant to guidelines issued by the Secretary for Resources, all
recipients of funding from the 2000 Bond Act shall post signs
acknowledging the source of the funds. (See Appendix E of the
Procedural Guide)
S. The Grantee shall permit periodic site visits by the State, including a
final inspection upon Project completion by the State, to determine if
Development work is in accordance with the approved Project Scope.
9. Prior to the commencement of any work, the Grantee agrees to
submit any significant deviation from the original Project Scope in
writing to the State for prior approval. Changes in the Project Scope
must be approved in writing by the State and must meet the exact
need described in the original Project Application.
10. If the Project includes Acquisition of real property, the Grantee
agrees to comply with all applicable state and local laws or
ordinances affecting relocation and real property Acquisition.
11. The Grantee shall provide for public access to Project facilities in
accordance with the intent and provisions of the enabling legislation
and/or Program.
12. The Application shall be accompanied by certification from the
Grantee's planning agency that the Project for which the grant is
requested is consistent with the park and recreation element of the
applicable state general plan.
Page 4 of 8
'S=
C. The grant process, administration, and audit requirements provided to the
Grantee under this Contract, will be as prescribed in the Procedural Guide
for Locally Operated Units of the State Park System dated September 2001,
Sections III -V.
D. Project Termination
The Grantee may unilaterally rescind this Contract at any time prior to
the commencement of the Project. After Project commencement this
Contract may be rescinded, modified or amended only by mutual
agreement in writing between the Grantee and the State.
2. Failure by the Grantee to comply with the terms of this Contract or
any other Contract under the Act may be cause for suspension of all
obligations of the State hereunder.
3. Failure by the Grantee to comply with the terms of this Contract shall
not be cause for the suspension of all obligations of the State
hereunder if in the judgment of the State such failure was due to no
fault of the Grantee. In such case, any amount required to settle at
minimum cost any irrevocable obligations properly incurred shall be
eligible for reimbursement under this Contract.
4. Because the benefit to be derived by the State, from the full
compliance by the Grantee with the terms of this Contract, is the
preservation, protection and net increase in the quantity and quality of
parks, public recreation facilities 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 by the State by way of grant monies under the
provisions of this Contract, the Grantee agrees that payment by the
Grantee to the State of an amount equal to the amount of the grant
monies disbursed under this Contract by the State would be
inadequate compensation to the State for any breach by the Grantee
of this Contract. The Grantee further agrees therefore, that the
appropriate remedy in the event of a breach by the Grantee of this
Contract shall be the specific performance of this Contract, unless
otherwise agreed to by the State.
5. The Grantee and the State agree that if the Project includes
Development, final payment may not be made until the Project
conforms substantially to this Contract.
Page 5 of 8
E. Hold Harmless
The Grantee shall waive all claims and recourse against the State
including the right to contribution for loss or damage to persons or
property arising from, growing out of or in any way connected with or
incident to this Contract except claims arising from the concurrent or
sole negligence of the State, its officers, agents, and employees.
2. The Grantee shall indemnify, hold harmless and defend the State, its
officers, agents and employees against any and all claims, demands,
damages, costs, expenses or liability costs arising out of the
Acquisition, Development, construction, operation or maintenance of
the property described as the Project which claims, demands or
causes of action arise under Government Code Section 895.2 or
otherwise except for liability arising out of the concurrent or sole
negligence of the State, its officers, agents, or employees.
3. The Grantee agrees that in the event the State is named as
codefendant under the provisions of Government Code Section 895
et. seq., the Grantee shall notify the State of such fact and shall
represent the State in the legal action unless the State undertakes to
represent itself as codefendant in such legal action in which event the
State shall bear its own litigation costs, expenses, and attorney's
fees.
4. The Grantee and the State agree that in the event of judgment
entered against the State and the Grantee because of the concurrent
negligence of the State and the Grantee, their officers, agents, or
employees, an apportionment of liability to pay such judgment shall
be made by a court of competent jurisdiction. Neither party shall
request a jury apportionment.
5. The Grantee shall indemnify, hold harmless and defend the State, its
officers, agents and employees against any and all claims, demands,
costs, expenses or liability costs arising out of legal actions pursuant
to items to which the Grantee has certified. The Grantee
acknowledges that it is solely responsible for compliance with items
to which it has certified.
F. Financial Records
The Grantee shall maintain satisfactory financial accounts,
documents and records for the Project and to make them available to
the State for auditing at reasonable times. The Grantee also agrees
Page 6 of 8
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to retain such financial accounts, documents and records for three
years following Project termination or completion.
The Grantee and the State agree that during regular office hours
each of the parties hereto and their duly authorized representatives
shall have the right to inspect and make copies of any books, records
or reports of the other party pertaining to this Contract or matters
related thereto. The Grantee shall maintain and make available for
inspection by the State accurate records of all of its costs,
disbursements and receipts with respect to its activities under this
Contract.
2. The Grantee shall use a generally accepted accounting system.
G. Use of Facilities
The Grantee agrees that the Grantee shall use the property
developed with grant monies under this Contract only for the
purposes for which the State grant monies were requested and no
other use of the area shall be permitted except by specific act of the
Legislature.
2. The Grantee shall maintain and operate the property developed for
a period commensurate with the type of Project and the proportion
of State grant funds and local funds allocated to the capital costs of
the Project, as determined by the State.
H. Nondiscrimination
The Grantee shall not discriminate against any person on the basis
of sex, race, color, national origin, age, religion, ancestry, sexual
orientation, or disability in the use of any property or facility
developed pursuant to this Contract.
2. The Grantee 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 and pursuant to law.
3. All facilities shall be open to members of the public generally,
except as noted under the special provisions of this Project
Contract or under provisions of the enabling legislation and/or
Program.
Page 7 of 8
12
Application Incorporation
The Application and any subsequent change or addition approved by
the State is hereby incorporated in this Contract as though set forth in
full in this Contract.
J. Severability
2. If any provision of this Contract or the Application thereof is held
invalid, that invalidity shall not affect other provisions or Applications
of the Contract which can be given effect without the invalid provision
or Application, and to this end the provisions of this Contract are
severable.
Page 8 of 8
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RESOLUTION NO. 2003- 6
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING THE GRANTEE TO ACCEPT
GRANT FUNDS FOR THE LOCAL ASSISTANCE GRANT
PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN
WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT
OF 2000
WHEREAS, the people of the State of California have enacted the Local Assistance
Grant Program which provides funds to local agencies that operate units of the State Park
System; and
WHEREAS, the California Department of Parks and Recreation has been delegated
the responsibility for the administration of the grant program, setting up the necessary
procedures; and
WHEREAS, said procedures established by the California Department of Parks and
Recreation require the Grantee's Governing Body to certify by resolution the approval of
the Grantee to accept the Local Assistance Grant award, and
WHEREAS, the Grantee will enter into a Contract with the State of California;
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Newport
Beach hereby:
1. Approves the acceptance of the grant for Locally Operated Units of the State Park
System from the Local Assistance Grant Program under the Safe Neighborhood
Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000; and
2. Certifies that the Grantee has reviewed, understands, and agrees to the General
Provisions contained in the Contract shown in the Procedural guide; and
0
3. Appoints Homer Bludau, City Manager, as agent to conduct all negotiations,
execute and submit all documents including, but not limited to agreements, payment
requests and so on, which may be necessary for the completion of the project(s).
Adopted this 28th day of January 2003.
I, the undersigned, hereby certify that the foregoing Resolution was duly adopted by the
City Council of the City of Newport Beach following a roll call vote:
Ayes Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg
Noes None
Absent None
ATTEST:
4- yxti -P (gm m/
/
DEPUTY CITY CLERK
i •
STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
CITY OF NEWPORT BEACH }
I, Leilani 1. Brown, Deputy City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 2003 -6 was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 28th
day of January, 2003, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affised the
official seal of said City this 29th day of January, 2003.
Deputy City Clerk
Newport Beach, California
�ct�EW�RT
(Seal)
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
WITH ROBBINS JORGENSEN CHRISTOPHER ARCHITECTS
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT, entered into this J`1L�k day of )c c K m6e ,- , 2002, by and
between the CITY OF NEWPORT BEACH, a municipal corporation (hereinafter referred
to as "CITY "), and Robbins Jorgensen Christopher Architects (RJCA), whose address
is 2800 Lafayette, Newport Beach, California, 92663 (hereinafter referred to as
"CONSULTANT'), is made with reference to the following:
RECITALS:
WHEREAS,
A. On September 10, 2002, CITY and CONSULTANT entered into a
professional services agreement, hereinafter referred to as "AGREEMENT", for
architectural services for the Corona del Mar State Beach Improvements project,
hereinafter referred to as "PROJECT; and
B. CITY has requested CONSULTANT to provide additional
professional services not included in AGREEMENT; and
C. CONSULTANT has proposed to provide additional professional
services not included in AGREEMENT; and
D. CITY desires to compensate CONSULTANT for additional
professional services not included in AGREEMENT; and
E. CITY and CONSULTANT mutually desire to amend AGREEMENT.
hereinafter referred to as "AMENDMENT NO. 1 ", as provided herebelow.
NOW, THEREFORE, the parties hereto agree as follows:
C
1. CONSULTANT shall be compensated for services performed
pursuant to AMENDMENT NO. 1 according to "Exhibit A" dated November 8, 2002,
attached hereto.
2. Additional compensation to CONSULTANTIfor services performed
pursuant to this AMENDMENT NO. 1 shall not exceed thirty-one thousand three
hundred thirty and no/100 Dollars ($31,330.00), thus increasing total compensation
for Project to $143,000.
3. Except as expressly modified herein, all other provisions, terms,
and covenants set forth in AGREEMENT shall remain unchanged and shall be in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have executed AMENDMENT
NO. 1 on the date first above written.
CITY OF NEWPORT BEACH,
A municipal corporation „
BY:
APPROVED AS TO FORM: Way&
City of Newport
By:
City A omey
Consultant
BY: 9"
ATTEST:
Print Name k- ry47s4�-44
LaVonne Harkless
City Clerk
f. users \pbMshared \agreementsVy 02 -03\ jcaamendnol -cdm state beach.doc
9
0 9
ROBB INS JORGENSENCHRISTOPHER
Is 8 November 02
Mr. Lloyd Dalton
Design Engineer
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
RE:'CdM State Beach Improvements, #3461
Dear Lloyd,
Exhibit A
NOV 1 9 2002
We have reviewed the additional fee for professional services related to the increase in
scope and cost for the Corona del Mar State Beach Improvements project. The increase
in scope will result in additional building area, therefore additional design and
construction document time will be required. Also additional construction administration
services will be needed. Since the project augmentation will now allow for the
programming, design and construction of Lifeguard facilities in addition to the
concession and restroom facilities funded by the original scope, we will need to add
some additional time to the computer generated massing studies that will be developed
to study the community views,
The construction value, as well as our liability, has been increased by approximately
60 %. In order to meet the requirements of the City, we believe that we can complete the
project, including the additional scope, for $143,000.
Please call me if you have any questions on this revised proposal.
Sincerely,
Rob ins Jorgense hristopher, Inc.
0 Roberta W. Jor _— n, FAIA
President
2600 LAFAYETTE
NEWPORT $EACH,
CALIFORNIA, 91663
>N 949.566 0080
FAR 949 566.0082
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