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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. k C:F(Vcu 197 Eggs 11) 13?.3 (11/76) P]_,- r7T,. ^.N TO Wo. D78 — C: 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 - 1 - 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 - 2 - 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 .;. r• :. .- �..�� _ .ter-- -...�,..�, a ft 0 0 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