HomeMy WebLinkAboutC-2400 - Agreement Using Revenue Sharing Funds for Oasis Shuffleboard CourtCITY OF NEWPORT BEACH
P.O. BOX 1.768, NEWPORT BEACH, CA 926633884
OFFICE OF THE CITY CLERK
(714) 640 -2251
Cry F:w "-Q_"
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: October 19, 1983
SUBJECT: Contract No. C -2400
Description of Contract Revenue Sharing Agreement for Oasis
Shuffleboard Court Construction
Effective date of Contract May 10, 19.83
Authorized by Minute Action, approved on
Contract with County of Orange
Address
Amount of Contract See Agreement
Wanda E. Andersen
City Clerk
WEA:lr
attach.
13, 1983
3300 Newport Boulevard, Newport Beach
AGREEMENT j
THIS AGREEMENT, dated for purposes of identification this t'tk day
I I
of _ 1983, by and between the City of Newport Beach, a municipal
corporation hereinafter referred to as "CITY ", and the County of Orange, a sub-
division of the State of California, hereinafter referred to as "COUNTY."
NITNESSETH
`r
:•IHEREAS, COUNTY has agreed to share a portion of its general revenue sharing
funds with CITIES, SERVICE AREAS, and PARK AND RECREATION DISTRICTS; and
WHEREAS, CITY has requested that one of these revenue sharing pro'ects be
the construction of shuffleboard courts at the Oasis Senior Citzens Centers and
WHEREAS, the Oasis Senior Citizens Center is a recreational facility
serving the needs of the senior citizens of Newport Beach; and
14HEREAS, CITY has a local parks ordinance in effect as authorized by or
similar to t %,e Ouimhy Act, whereby developers donate fees or land in ratio to
the standard of 3 acres of park Der 1,000 population; and
14HEREAS, CITY has an adopted element of its General Plan showing park and
recreation lands and facilities, existing and proposed:
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, CONVENANTS
AND CONDITIONS HEREINAFTER SET FORTH, THE PARTIES AGREE AS FOLLOWS:
1. The Oasis Senior Citizens Center is located at 5th and Marouerite in
the City of Newport Beach.
2. The parties agree that the construction project at the Oasis Senior
Citizens Center (hereinafter "Project ") shall include and be limited
to the following items: construction of two shuffleboard courts, benches,
sidewalk, a driveway approach and a service road..
3. The parties agree that the estimated cost of the Project is Seventeen
Thousand and Four Hundred Dollars ($17,400). The parties further agree
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that CITY shall pay during the effective period of this Agreement at
least fifty percent (501) of the total cost of the Project and that
COUNTY shall pay during the effective period of this Agreement either
Eight Thousand and Seven Hundred Dollars ($8,700) for the Project or
fifty percent of the actual total cost of the Project, whichever is the
lesser amount. Payment by COUNTY, based on actual expenditures, shall
be made upon tender by CITY of invoices and documentation to COUNTY
and approval by COUNTY's Administrative Office - Special Programs Office.
4. CITY's source of funds for its share of the Project's construction costs
shall be a donation from Friends of Oasis.
5. The effective period of this Agreement shall be from May 10, 1983
through June 30, 1983. For purposes of this Agreement the Project
shall be completed no later than June 30, 1983. All funds provided
under this Agreement shall be spent or encumbered on or before June 30,
1983. Any interest earned on any COUNTY revenue sharing funds paid
pursuant to this Agreement shall be returned to COUNTY within thirty (30)
days after June 30, 1983.
6. CITY shall maintain accounting records and other evidence pertaining to
costs incurred which records shall be kept available at the CITY's office
during the Agreement Period and thereafter for six (6) years from the
date of final payment of COUNTY revenue sharing funds and shall make
said records available to the COUNTY for any purpose at any time. CITY
shall furnish to COUNTY reasonable clerical assistance upon request of
COUNTY's Auditor or Administrative Office- Special Programs Office. CITY
shall furnish to COUNTY copies of records referred to herein upon request
of COUNTY's Auditor or .Administrative Office - Special Programs Office.
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7. CITY agrees that the cost of acquisition, operation and maintenance,
design overhead, and developmental overhead shall not be included
in COUNTY funding. CITY further agrees and acknowledges responsibility
for the design of development projects and that plans and specifications
shall be approved by the COUNTY prior to reimbursement by the COUNTY.
8. CITY acknowledges that funds being provided by COUNTY are funds received
by the COUNTY OF ORANGE pursuant to the State and Local Fiscal Assistance
Act of 1972, Public Law 92 -512, as amended by the State and Local
Fiscal Assistance Amendments of 1976 and 1980 (31 U.S.C. 1221 et seq),
and the expenditure of these funds must be in accordance with said law
and regulations issued by agencies of the Federal Government. CITY
agrees that if it is subsequently determined that said funds were not
expended in compliance with the federal law and regulations, CITY
will refund COUNTY such sums which were icinronerly ex .pended.
9. CITY further acknowledges that prevailing krrages for the project rust
be paid in accordance with the Davis -Bacon Act as amended, 40 U.S.C.
Sec. 276 (a) - 276 (a) (7), and that labor standards as specified by
the Secretary of Labor must be complied with. CITY insures that the
wage rates and the contract clauses required by 29 C.F.R. Sec, 5.5 and
31 C.F.R. Sec. 51.42 (b) are incorporated in the contract specifications
for the project, copies of which are attached hereto as Exhibit "A ".
10. CITY acknowledges that funds received hereunder may be expended only
in accordance with State and local laws and Procedures that are applicable
to expenditure of its own revenues, including competitive bidding re-
quirements if applicable.
11. CITY shall indemnify, hold harmless and defend COUNTY, its officers and
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employees from any and all claims, demands, loss, liability, injury,
death, suits, or judgments arising out of or alleged to arise out
of or i;n consequence of this Agreement. Transmittal to CITY by COUNTY
of any pleadings served shall be deemed a request to defend.
12. No Persons shall, on the grounds of race, color, national origin, or
sex, be excluded from participation in, be denied the benefits of, or
be subjected to discrimination under any prooram or activity funded
in whole or in part with funds made available under the Agreement.
Any prohibition against discrimination on the basis of age under the
Age Discrimination Act of 1975 or with respect to an otherwise
qualified handicapped individual, as provided in Section 504 of the
Rehabilitation Act of 1973, shall also apply to any such program or
activity. Any prohibition against discrimination on the basis of
religion, or any exemption from such prohibition, asDrovided in the
Civil Rights Act of 1964, or Title VIII of the Civil Rights Act
of 1968, shall also apply to any such program or activity.
13, CITY agrees that the Project must be retained for public recreation
purposes until June 30, 2008, along with a level of operation and
maintenance adequate to insure maximum utilization of the Project by
the Dublic for recreational purposes. CITY further agrees that use
of the Project shall be granted to all residents of COUNTY on the
same conditions that residents of CITY use the Project, and that if the
Project ceases to be used for recreational purposes prior to June 30,
2008, CITY shall repay to COUNTY at such cessation the sums contributed
by COUNTY hereunder.
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of
the date(s) written below:
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
—�une Alexander
Clerk of the Board of Supervisors
of Orange County, California
ADRIAN` �KU'9YP(%ER, COUNTY COUNSEL
By
By
Carol Brown, Deputy
Dated: 3
i, /.!/
APPROVED AS TO FORM:
By
Jity Attorney
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NTY OF ORANGE
irman, Board of Supervis
CITY OF NEWPORT BEACH
a municipal corporation
Li. -
11) al"A"O.m IwR., (U All mac and
hicaned, amplolM .r woraina u um
of the work, or under the Uci latex
flowing Act of 1939 or under the casing
Act of 1949 In the consun lie. or develoW
meth of the project, will be paid uncouth
tivnally and list leis .fen than u e A
eek, And without subsequent deduction or
rebate on any account (except such pAIIUIJ
deductions as are permitted by r,godi Limp
issued by the Secretary of labor under the
Copeland Act (29 CFR Part 3)). the lull
..." due at time al payment computed
.t wqe rates not less than those contained
in the Wage determination deeisdn of file
Secretary of Until Which Is attached here,,
and made a part hereof, regardless of any
contractual rehitimu om which may to .1
bared to e.let between Lill. contractor and
such laborers and dechaNca: and the Wage
determination decision shall be posted by
the contractor at the ahe of the work in A
Prominent place Where it can Ra easily seen
by the workers. For the purpose Of this
claws, contributions made or earls reason.
ably anticipated under section 11b)(2) of the
D.yla Bacm, Ac, on behalf Of laborers or
mechanics are considered wagea paid to
Lich laborers or mechanics, subject to the
Provoniow of 29 CPR 5.50a)UNIv). Ahm for
the yelinget of this clause, regular conlrlbu.
Nola made ar costs Incurred fur more than
a weekly period under plans, foods, Or pro
gfanu, but covering the twrlkulally weekly
period. are deemed W he cnnsuucthch,
made ar Inlcurred during such weekly
period.
(IU The contracting officer .hall olhore.
that any class of laborera or mechddes, in.'
eluding allprolike. and LILOP2ea, which Is
not listed In the wage determination and
Which Is to be employed under life contract.
&hall be, classified or re,)a t ed conform
.h1Y to the wage determination and a report
of the action taken shall be sent by the Ped-
toll agency to the Secretary of Laaur. In
Lilo- event the interested parties cannot
agree Lin the proper clattlfications or recJas.
silliclun11 01 A 1- 1111.1.1 11, of laborers
Add mechanlat Including apprentices and
onuses, in be Iced, the question ...... that,
red Oy the recommend..on OI ilia f.I.
tracking officer shall be relented W the See.
reLary for )",At act" minall h,
Ill) The contracting ofhcor shall
N'herneen the in, 111m.... Wag, fate pre
sinned In tale confer! fur A claw, of label
or mechanies ulichodes A Innge benefit
%hell Is not expressed as An hourly wage
rate and the contract., I. idi, ofd to pay A
alb equo'Wenl of such A lunge'¢null L, a
l luurlY rash COdhalenl theremf to on omab
Ilehcd. In Litt event the nneresl.ed parties
-'111O[ agree dpoll A -In eq.nvalellL Of the
Innge benefit, the gdrsrron ....... dunned by
the rec.mmend-sl"n of file emohWctmg .Ifi-
I,,, shall be referred 10 one Secretary Of
laaor for rle(ermluacens.
Ile) 11 the romr.LOr does not make pay
menu to A loll' or otter third person. he
I., c.wldrr, as par, of Ire N'agP.3 O1 any l,�
barer or mechanic file amount of ArY cuing
w.n.blY anlidpntcd qI providing benefila
under • plan or pl.gnm Of • type 1'xp,e..1y
band In the w.xe delermhrmhou joint.. of
the Secretary Of labor Which Ls A Y.It .1
thei contract: Pmuided, humour, The See,.
tare .1 labor has found. upon file Written
request of the met ...on that life applies.
ble standards of the DAVis BUOn Act have
been met. The Secretary of Labor may 1',�
thrre the contractor L0 get at'Ide in a Sena'
rate account Assets for the meeting or .bll-
gahons under Litt 11.11 or program.
t21 woom.lfmO. The twill¢ in name of
Federal agency) may Withhold or cause to
M withheld from the contractor so much of
file accrued payments Or Wlance, ag Inlay
the considered necessary m pay laborers And
mechanics, Including Apprentices Lid lrain-
eea, employed by file contractor or any Ini
contractor on the ..,it the full amount of
.ages required by the contract. In the event
of failure to pay any laborer or mechanic,
including any apprentice or trainee, em
Exhibit "A"
pluyeJ or working On in& aloe of the work w
der in, United States !louelne Ad .f
1939 or under the floualna Act of 1949 In
Ills construction or development of the pro
)act, all or part Of the waxes required by the
IPOLI.Lt. file (A¢ency) may, after KI'llten
nuUCt to the contractor, grOOxur. applicant,
or owner. Lake such action as may fR nec".
Illy to cause the suspension of any further
th Ymem, advance, or xuarentee of funds
until such violations have ceased.
(3) Payrolls and smile records. (I) Payrolls
aid battle re cords relating theisth, will be
maintained during Um course of the work
and preserved for A period of three years
thereafter for all laborers and mtcic nics
working at the she of the work, ur under
Life United States Housing Act of 1937 .1
under the Mowing Act of 1949. In the con-
_structlun Or develempent of the project.
S... If records Wlll c.nWn the name and Wa
mess If each apch employee, his correct
days loalion. rates of pay (Including rates
Of Nn #ibuliuhs Ur cal anticipated of the
types dt•Irrlbed in .,eu.n Ie U)(2) of 'he
D.l spawn Act', daily and weekly number
m Of hours worked. deductions ade And
AcLUal waxlx Paid. Whenever the Secretary
of Labor ilex found under 29 CPR
5.5(a)(I nlv) that not wagea nl any laborer or
Inc OI any
Illeeloodo Include the a eOf LS
Islam ibb' antid)pelcJ m prnvlducs Mischa
order a plan or program descnbrd "t see
if.,, 1(Ion D(R1 OI Lill Davis flacon Ac L. It,,
Oli aM1Ur shad malntam records Whicll
slot, Ilia( the commitment to provide such
benefit., la eminrCe.1,11. that life plan Or or.
gram Is hint lclahy responsible, and 1list the
plan or pmeram has been rolmnunicaled In
Wlunlg to lfu• laborers or Will r ., affect
ed. and records which allow the culls WOLLJ-
V.Led ur the actual lust Incurred In Vriwid
big ,deb Mmrhra.
(it) The contractor will submit weekly a
copy of all Payrolls to the lwri Le in .gone of
appropriate Federal akencyl if the agency is
A party to the contact, but if the agency is
not such A party the quutractor will submit
the payrolls to the applicant, a....... o
ON'Ller. aY the case may be for L Arounissuc n
to file (Write in liaise of agency). The copy
shall be accompanied by A allotment scalled
by Litt employer or hill agent Indicating that
the payrolls are correct and complete, that
the wage rates contained therein are nut
less than those determined by the Secretary
Of "for, if. that the classification. lia
forth for each laborer or mechanic conform
With the work he performed A submissdn
of a 'Weekly Statement of Compliance"
which Is refuned under tips contract and
file Copeland regulbllpns of the Sterunry
of Labor 129 CPR. Part 3) and Litt filing
With the Initial payroll or any subsequent
Payroll of a espy of any findings by the Sea
retire of Labor under 29 CFR 5.5(a)(1 It ill
shall saliafY Ihis requirement. The prime
contractor shall be responsible for the sub
misIhn. Of copies of UAy,.Ll. OI .11 .,Inc."
tiALL.". The contractor will usage file r
cores required under Lila ).hot standards
,knn, of the Contract available Ion inspet'
Ron by authorized rePrcxennn ven of Litt
(wine Litt name of e.cncy) and Litt Ucynrb
dent of tatty. and will pe Lint such repre
rPhRivex to )melts, etnp).yees during
working hours on the yob. Contractors con
PI.yml; uPp, nl,c, or trainees under am
prayed programs shelf include A ..tall.. on
the fuse weekly certified Payrolls submitted
to the, erdaraMing Agencies that thelr em
Ptoylned le pursuant tO nl approved pro-
gram and shall identify the program.
(4) ADLrenheAs and Irdtlecg - -ID AYyrem
Lilts, Apprentice. will be Permitted In work
at less than the predetermined faf for the
ark they performed Alen In" .re ed.
ployetl Lou individually rexitlefed In a bona
fnl' apPlentlt'eshm pl'Owam rt' watered WiL11
Lill' U.S. 0-doinunl of labor. Employment.
and Triton nay Admitted( ahon, Bureau of A1),
VrentnesiOp and TAndus. Ile with A Sin lc
Apprentceshn Agency relmgntaed by the
Soloed, or if A Verson Is employed in ho,
tlrrtl ul protauomry rnlnluy no it' l
nu Wee m aw:p an uppn'utrrnbgi
mu ho a Ilol tied it ooh, :,11=1rd
n Ili. uxnmr. but Who Oa• brrO rerufied
by' file bureau Of Appreoorl1ill, and -TOIm
1 ol, or A Stale ApprenLI"xioll A.'re,
I w ill".Vprgprl.I, I hl be eligible fur prl bl�
Ibwvy elnmaymnn a+l n apprenUCi. The
allowable nthu Of Riduel ices to journey
man Ill ull croft classificaliuu shall (lot be
Nreatar than the ratio Permitted to the emi.
Intend as to Ills entire Work force under lh,
regulcrcd program. tiny employee Rated on
A payroll at an ep.....I ee wake hale, who la
not A trainee ai defined In subdivision (1I) of
Ibis suhpolagruph ur is nut registered or
olDerwoe ralpl.I,d As styled above, shall
be paid the Wage rate determined by the
Srrrrmry or labor for the rinssifle.tton of
work ht• v,fually performed. 9'he comractor
or to ucomracmr will he required to furnish
to the cuntraetlng officer or A fern resenO-
Lill- of Lill Wage Hour Division of Lill, U.S.
Depanmenl of labor Written evidence of
the registration of his program and apprerr
firm as well as the appropriate ratios and
wage retry Iexpre.Sled In pecrinimies al the
journeyman hourly rates). for Lbe area of
C no'eitermn pf1Ot LU willµ any apn hen Lulea
on the rocirart Work, The Wage rate paid
appneoncex shall be not less than the appro
prate percentage ul tOe lourneynt a rate
canmined hl the apinicablis Wage determine
l ton.
UB Trailers. Except a. provided In 29
CFR 5.15 trauma,, Will not be permitted to
work al Iran than the predetermined rate
for file work lit rfanoed unless they are em.
plowed pursuant to and Individually trills
fired In A Prag,am which has rIclvcd prior
approval. evidenced by formal reriduatlmh
by the U.S. Department of "hen Employ
meat and T,ldning Administration. Rwem
al Apprenticeship And Traluing. The tact.
of tlahleex to Journeymen shall not be
greater than permitted under file plan go.
Proved by the Bureau of Apprenticeship
and 9'raining. Every trance most he paid at
nm. less than Ilia rate specified In the ap
proved program for his live) of progress.
Any employee listed on the payroll at A
trainee rate all. is not registered and par
Urmatulg In A tratnm¢ Ulan approved by the
Bureau Of Apprenticeship and Training
shall he paid not hem than the ware rate do
ol-nno ed by file Secretary of Labor for the
UWouticRIOL, of Work lie ethically per
formed. The CoOfaemf or subcontracts
Will be required in furnish the oontrac Ling _
olfA,r or A nprext'native Of ltd Wage.
Hour 0111.1.11 of the U.S. Uelallmen, of
I -lono, wnlum evidence of the rerliheaton
ces. Ina pand l' oAtilt nLh,,e c r, L'Lant] wage l rates term
mry
B.11rll of o that A, program. In Ahi event the
Buloi Ill poo-M tf A 1p antl Trxtnmg
if,, Jrn li lope. \'al n) a Ie,,bN 1,. ltttd
the r army wall I i looser be applicable
in tolllIIon'ic of 'a Ill less ,.Ills pedIcned
Phil An folded rule Inr Ihr W irk .crinrined
Phil ml ,cl loplrelro, nm L ,IIndved.
Diu Rmlo 1.11111 yemn! opPUr(a mly- The
Inr l laal. Io ll r thil, Vera. list; nets antl lour.
PV *1111 till a thtrt part shall be In rarhiniti-
IIY wllll lin r of111l'_Illplule enl Or L12a111 W,
rincrid. It,I' OI F.set'llall Older 1121tl, LLa
a (51 Cato and l9 CFR Part ici
151 f. nip R Poi with lI lNand RrgOalI
buns V G`H I'arl T. The mfoO.Inr shall
mplI with the Gin Se Regulntio Is nd
CFR ran L of W.• .PI,d ry r Labor
Wlw'Il are hrrtno lei. The ed by ctio, encll
(e. 5. a,Y hods. The runtracmr will
Insert ili shy PRcuntrulx the tigh (5 cum
Lined hl c CFR r d arse through (ii) and
(9) mid
co such other clauses ) the (Write . in
piro name ru Federal agnI. A may by choose
rel,nor ng rticll.11s regntre. and also a elude
ng the any )" 11 he, m Include
Inc." 11hic theyC.i a any r ant her etherlw with it
which they may enter Into.io in a Wllh .
clause requiring tills insertion In any fur.
if 17 Ccolt LrkCL4 that to In turn be made.
191 ..1 Ludt lemnnahro h (6)m may A
ground n( clauses (I) through a may be
grounds for leant wtlmh of the contract,
and for debarment As provided In Z9 CFR
5.6.
CITY OF NEWPORT BEACH
Parks, Beaches & Recreation Department
June 13, 1983
CITY COUNCIL AGENDA
ITEM NO. 1-
TO: Mayor and City Council BY THE CITY COUNCIL
FROM: Parks, Beaches & Recreation Director
CITY OF NEWPORT BEACH
SUBJECT: OASIS SHUFFLEBOARD CONSTRUCTION JUN 13 1983
COUNTY OF ORANGE, REVENUE SHARING AGREEMENT
Recommendation:
Authorize the Mayor and City Clerk to execute the agreement with the
County of Orange utilizing $8,700 in Revenue Sharing for the construction
of the OASIS Center Shuffleboard Courts.
Discussion:
On January 10, 1983, the City Council approved the concept and donation of
the Friends of OASIS and the County of Orange, Revenue Sharing Office, to
provide matching funds for the construction of two shuffleboard courts at
the OASIS Senior Facility. On March 14, 1983, the plans and specifications
for the shuffleboard courts were approved by the City Council, and on
April 11, 1983 the award of a construction contract of $17,400 was approved.
Now knowing the matching amount, the agreement as submitted will provide
sufficient funds to complete the contract at no cost to the City of Newport
Beach.