HomeMy WebLinkAboutC-1891(A) - Supplemental Agreement; West Coast Highway Improvementsr,i � AMMM
CITY OF NEWPORT BEACH
CALIFORNIA
City [fall
3300 W. Newport Blvd.
Area Code 714
DAIT February 27, 1979
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 1891
Description of Contract Supplemental Agreement which provides for additional
funding for West Coast Highway Improvements.
Authorized by Resolution No. 9439 , adopted on October 10, 1978
Effective date of Contract October 12, 1978
Contract with Orange County Environmental Management Agency
Address P. 0. Box 4048,'
Santa Ana, CA 92701
Amount of Contract see agreement
A-4� Lv,� -
City Clerk
1_
(&�F1013.2.3 (12/76)
MINUTES OF THE BOARD OF SUPERVISORS
OF ORANGE COUNTY, CALIFORNIA
December 5, 1978
IN RE: AGREEMENT PANORAMA STORM CHANNEL INLET
ORANGE COUNTY FLOOD CONTROL DISTRICT CITY OF ORANGE
On motion of Supervisor Clark, duly seconded and unanimously
carried, the Chairman and the Clerk are authorized to sign the Agreement
No. D -78 -138, dated December 5, 1978 between the Orange County Flood
Control District and the City of Orange, providing for cooperative
funding of the Panorama Storm Channel Inlet Construction.
IN RE: AGREEMENT WEST COAST HIGHWAY CITY OF NEWPORT BEACH
On motion of Supervisor Clark, duly seconded and unanimously
carried, the Chairman and the Clerk are authorized to sign Agreement
No. D78 -147, dated December 5, 1978 between the County of Orange and the
City of Newport Beach, providing for reimbursement of additional cost
incurred by the City during the improvement of West Coast Highway
adjacent to County -owned tidelands property in Newport Beach.
IN RE: AMENDMENT TO AGREEMENT CLINTON STREET
CITY OF GARDEN GROVE
On motion of Supervisor Clark, duly seconded and unanimously
carried, the Chairman and the Clerk are authorized to sign the Amencment
to Agreement No. R1075 -547 dated December 5, 1978, between the County
of Orange and the City of Garden Grove which provides for the Count; to
reimburse the City for the cost of the improvement of a portion of
Clinton Street within unincorporated territory.
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197
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P]_,- r7T,. ^.N TO Wo. D78 —
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NEVBPORT E!A.CI I, CALIF. C2662 A G R E E M E N T
THIS AGREEMENT is made and entered into this /o? L day of
0 Cron• , 1978, by and between the CITY OF NEWPORT BEACH, a
municipal corporation, hereinafter referred to as "CITY ", and the COUNTY OF
ORANGE, a political subdivision of the State of California, hereinafter referred
to as "COUNTY ".
WITNESSETH:
WHEREAS, CITY, COUNTY, and COAST COMMUNITY COLLEGE DISTRICT entered
into an agreement, dated August 9, 1977, providing for the improvement of
West Coast Highway adjacent to COUNTY -owned tidelands property in Newport Beach;
and
WHEREAS, CITY, pursuant to the terms of said agreement, has completed
the improvement of West Coast Highway, a State highway, and CITY has submitted
a final accounting of the construction costs which indicates that COUNTY's por-
tion of the final costs is FORTY -FOUR THOUSAND TWO HUNDRED SEVENTY -NINE AND
01 /100 DOLLARS ($44,279.01); and
WHEREAS, said agreement, dated August 9, 1977, provides that COUNTY's
financial participation is limited to THIRTY -SEVEN THOUSAND NINE HUNDRED FIFTY
AND 00 /100 DOLLARS ($37,950.00); and
WHEREAS, CITY desires to be reimbursed for the difference between
COUNTY's final cost and the amount specified in said agreement, which differ-
ence is calculated to be the sum of SIX THOUSAND THREE HUNDRED TWENTY -NINE AND
Ol /100 DOLLARS ($6,329.01); and
WHEREAS, the increased cost to COUNTY is due primarily to the increased
amounts of materials required to complete the improvement, all as required by
State standards; and
WHEREAS, said street improvements serve a general County interest;
NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
I. COUNTY:
A. Shall reimburse CITY, upon CITY's request, the sum of SIX
THOUSAND THREE HUNDRED TWENTY -NINE AND 01 /100 DOLLARS ($6,329.01), which sum is
the difference between the final cost to COUNTY and the maximum amount previously
agreed upon pursuant to the agreement dated August 9, 1977.
II. CITY:
A. Shall submit a certification, signed by CITY's Director of
Public Works and CITY's Director of Finance, that all expenditures applicable
to the improvement of West Coast Highway have been made and that copies of all
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documents, invoices and warrants are on file with the CITY and shall be made
available to COUNTY upon request by COUNTY.
B. Shall invoice COUNTY for COUNTY's construction costs.
III. It is mutually understood and agreed that:
A. The parties recognize that Section 16280 of the California
Government Code is to the effect that State funds shall not be available to any
local agency which provides a cost of living wage or salary increase in the
1978 -79 fiscal year for any individual. The parties recognize significant
State sums have been made, or are anticipated to be made, available for the
County of Orange and various entities governed by the Orange County Board of
Supervisors, hereinafter referred to as COUNTY. It is agreed the COUNTY is not
by this action providing any cost of living wage or salary increase for any
individual. If binding legal authority determines that the provision of funds
pursuant to this action should in any way cause the COUNTY to become ineligible
for State funds, all funds provided hereto shall be immediately returned to
COUNTY, and this action shall be deemed voided to the extent necessary to avoid
such ineligibility.
B. It is the intent of the parties hereto to comply with all ap-
plicable rules regarding the expenditure of State Gas Tax Funds. Eligibility
of any storm drain item will be subject to final audit and determination by the
State Controller's Office. Any future adjustment required by said Controller's
Office shall be made by the City with City funds, including complete refunds
to the County of any County gas tax funds declared by the Controller to have
been expended on ineligible construction.
IN WITNESS WHEREOF, CITY has caused this agreement to be executed by
its Mayor and attested by its Clerk, and COUNTY has caused this agreement to
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be executed by the Chairman of its Board of Supervisors and attested by its
Clerk on the dates written opposite their signature, all thereunto duly author-
ized by the City Council and the Board of Supervisors, respectively.
CITY OF NEWPORT BEACH, a municipal
corporation
Dated: 1978 By -
Mayor
ATTEST:
Jerk of the Council
APPROVED AS TO FORM:
Hugh Coffin, Assistant City Attorney
City =Newport California
By
A!'sis`gnt City Atto 7
ATTEST:
r�
Julie - Alexander
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
Adrian Kuyper, County Counsel
Oran C nty. Cal�ifo�rnQia� n/ �
Deputy 1 0 L - 1 LIS
Dated:
IL#X]
COUNTY OF ORANGE, a political subdivision
of the State of California
By ;ice i
- 3 -
Chairman, Board of Supervisors
Dated:
1978
TOs Public Works Department (Attn: Jobn Waters)
F Ms City Clerk's Office
SIISJECTs Supplemental agreement between the City and
County which provides additional funding for
West Coast Highway street improvements..(CI1891)
Attached are five copies of the above mentioned agreement
which need to be se n} +0,,L �v$oConnty for s zoeution. We
have stamped one copy which seeds to be returned to our
office after szecution.
Thank you.
W
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RESOLUTION NO. 9 43 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A SUPPLEMENTAL AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND THE COUNTY
OF ORANGE WHICH PROVIDES ADDITIONAL FUNDING FOR
WEST COAST HIGHWAY STREET IMPROVEMENTS, CONTRACT
NO. 1891
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain supplemental agreement
between the City of Newport Beach and the County of Orange which
provides additional funding for West Coast Highway street
improvements from Dover Drive to 3,800 feet west; and
WHEREAS, the City Council has reviewed the terms and
conditions of said supplemental agreement and finds them to be
satisfactory and that it would be in the best interest of the
City to authorize the Mayor and City Clerk to execute said
agreement,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that said agreement above described
is hereby approved, and the Mayor and City Clerk are authorized
and directed to execute the same on behalf of the City of
Newport Beach.
ADOPTED this 10th day of October , 1978.
Mayor
ATTEST:
City Clerk
DDO /kb
10/3/78