HomeMy WebLinkAboutC-3078(A) - Urban Parks Program Funding Assistance AgreementCounty ot%range
Uzi o. M Public Facilities & Resources Department
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�LIFOt<N
John W. Sibley, Director
March 7, 1997
Ms. Peggy Ducey
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
Subject: Urban Parks Program D96 -156 for Castaways Park Improvements
Dear Ms. Ducey:
Enclosed for your files is a fully executed original of financial assistance
agreement D96 -156 for Castaways Park improvements. Also enclosed is a copy
of the minutes from the February 25, 1997 Board meeting.
Please contact me at 834 -6784 if you have any questions regarding these
documents.
Very truly yours,
Helen Mackin, Staff Analyst
HBP /Program Support
HMM:ms7O30714O44328
Attachment: Agreement D96 -156
Minute order dated 2/25/97
41? Rat;
LOCATION: MAILING ADDRESS: INFORMATION:
300 N. FLOWER ST. P.O. BOX 4048 (714) 834 -2300
SANTA ANA, CALIFORNIA SANTA ANA, CA 92702 -4048 FAX# 834 -5188
0
0
ORANGE COUNTY BOARD OF SUPERVISORS
MINUTE ORDER
74 ej aawa m&a 4 ffm goama 4 Sovwcmw ew244r�m251M
APPROVED AS RECOMMENDED N OTHER ❑
Unanimous'--' (I) Smith Y (2) Silva NI (3) Spitzer Y (4) Steiner Y (5) Wilson Y
Vote Key: Y= Yes; N =No; A= Abstain; X= Excused; B. 0. =Board Order
Documents accompanying this matter:
Resolution(s)
Ordinances(s)
Contract(s)
Submittingjggncv /Department: Public Facilities & Resources Department
jQpk: Approve Agreement D96 -156 with the City of Newport Beach for asphalt hiking
trail improvements at Castaways Park ($50,000) - District 5
File No. 18053
Item No.
Special Notes:
Copies sent to: (�W
CaUne11OTO/L /
f7u�iroa�,,.i 3��197
c:\uscr\minordmd.doc
I certify that the foregoing is a true and correct copy of the
Minute Order adopted by the Board of Supervisors, Orange
County, State of California.
DARLENE J. BLOOM, Clerk of the Board
By: i v
Depg
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PROJECT: City of Newport Beach
Castaways Park Asphalt
Hiking Trails
(Job No. EH23345)
Agreement No. D96 -156
Fifth District
URBAN PARRS PROGRAM
FUNDING ASSISTANCE
AGREEMENT
This AGREEMENT is made and entered into this day of 1997
BY AND BETWEEN
D
The City of Newport Beach, a municipal
corporation, hereinafter referred to as "CITY,
The County of Orange, a subdivision of the
State of California, hereinafter referred to
"COUNTY."
RECITALS
WHEREAS, CITY has proposed to construct asphalt hiking trails (pedestrian
and bicycle) improvements at Castaways Park, and will award a contract for
construction of said improvements, hereinafter referred to as "PROJECT;" and
WHEREAS, the cost for development and construction of said PROJECT
improvements is estimated at $100,000; and
WHEREAS, CITY has requested funds in an amount not to exceed $50,000, to
assist with financing said PROJECT improvements; and
WHEREAS, COUNTY finds that completion of PROJECT will provide enhanced
recreational facilities for all residents of Orange County; and
WHEREAS, COUNTY has established a program, which has generally become know
as the "Urban Parks Program," to budget funds annually for use towards projects which
remedy regional park deficiencies in urbanized areas; and
WHEREAS, COUNTY desires to participate in said PROJECT by providing fundin
assistance in an amount not to exceed the lesser of actual development /construction
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• Agreement No. D96 -156
costs or $50,000, from Urban Parks Program funds for PROJECT development and
construction costs, thereto.
NOW, THEREFORE THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. PROJECT
a. PROJECT shall consist solely of constructing asphalt hiking trails
(pedestrian and bicycle) that provide access to panoramic view and wildlife sightings
at the Upper Newport Bay, Castaways Park.
b. PROJECT is located within the City of Newport Beach, California,
and is more specifically described and illustrated in the accompanying application
package and site plan, entitled Exhibit "A," attached hereto and by this reference,
made a part thereof.
2.
CITY agrees to award contract(s) for construction of said PROJECT on
before June 30, 1997, and to complete PROJECT by December 31, 1997. The period for
completion as set forth herein however, shall be extended by the period that
completion is delayed by acts otherwise outside the control of CITY.
3. FINANCIAL ASSISTANCE
a. Financial assistance in an amount not to exceed the lesser of
actual construction /development costs or $50,000, shall be provided by COUNTY from
Harbors, Beaches and Parks funds. Funds shall be used solely for PROJECT's
development and construction costs, including, but not limited to architectural
design, engineering plans and specifications, contract labor, construction materials
and machinery or equipment rental. COUNTY's contribution shall not be used for
CITY's staff salaries, fund- raising, on -going operations and maintenance of the
facility, purchase of capital equipment related to administrative and /or maintenance
duties, office supplies, project permit fees or other administrative expenses or
overhead.
b. The Manager of Harbors, Beaches and Parks, hereinafter referred to
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• Agreement No. D96 -156
as MANAGER, or his appointed designee, shall have the authority to make budget
adjustments to the AGREEMENT, with concurrence of CITY, as deemed necessary in order
to advance the purposes of this AGREEMENT, provided that such action does not in the
aggregate, exceed the total amount of financial assistance specified in sub - paragraph
a., above, unless approved by the Board of Supervisors.
4. ADMINISTRATION
CITY shall have the sole responsibility for administering and obtainin
all governmental agency approvals for said PROJECT, including, but not limited to the
selection of contractors, management of contractors' work, administration of contract
for compliance with the requirements of all applicable local zoning and building
and other regulations.
S. OPERATIONS AND MAINTENANCE
CITY agrees to operate and maintain Castaways Park, or cause the
operation and maintenance thereof through others, as approved by MANAGER, for the use
by and benefit of residents countywide, for a minimum of ten (10) years from the date
of PROJECT completion. CITY shall not discriminate as to fees, hours of use,
reservation privileges or any other use privileges based upon residence.
6. CITY shall:
a. remain the "lead agency" for services required under this
AGREEMENT, within the context of the California Environmental Quality Act of 1970 as
amended.
b. provide staff assistance and all permits necessary for PROJECT at
no cost to COUNTY.
C. complete PROJECT by December 31, 1997.
d. invoice COUNTY upon completion of PROJECT, for an amount not to
exceed the lesser of actual development and construction costs or $50,000. All
invoices shall include a Project Cost Summary, complete with documentation of all
PROJECT expenditures, including copies of construction contract(s) awarded pursuant
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• Agreement No. D96 -156
this PROJECT, canceled checks, paid bills and /or invoices. All invoices shall be
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subject to the routine processing requirements of COUNTY's Auditor - Controller.
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e. permit COUNTY to review records relating to PROJECT expenditures.
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Records shall be retained and made available to COUNTY for review for a minimum of
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three (3) years after completion of PROJECT.
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7. COUNTY shall:
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Remit funds to CITY, as specified in Paragraph 3 above, upon completi
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of said PROJECT, and within sixty (60) days of receipt and approval by MANAGER, of
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CITY's invoices(s) substantiating PROJECT expenditures.
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8. NOTICES
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a. Notices or other communications which may be required or provided
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under the terms of this AGREEMENT shall be given as follows:
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COUNTY: Manager of Harbors, Beaches and Parks
13 Public Facilities and Resources Department
County of Orange
14 P.O. Box 4048
Santa Ana, CA 92702 -4048
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CITY: City Manager
16 City of Newport Beach
3300 Newport Blvd.
17 Newport Beach, CA 92663
18 INVOICES: Financial Operations - Business Office
Public Facilities and Resources Department
19 P.O. Box 4048
Santa Ana, CA 92702 -4048
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21 b. All notices shall be deemed effective when in writing and deliver
22 in person or deposited in the United States mail, first class, postage prepaid and
23 addressed as above. Notwithstanding the above, COUNTY and CITY may also provide
24 notices by facsimile transmittal, and any such notice so given shall be deemed to ha'
25 been given upon receipt. Any notices, correspondence, reports and /or statements
26 authorized or required by this AGREEMENT, addressed in any other fashion shall be
27 deemed not given. The parties hereto may change the addresses to which notices are
28 be sent by giving notice of such change to the other party.
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9.
• Agreement No. D96 -156
a. Prior to CITY's commitment of funds such as award of contracts to
expend funds that would be reimbursed by COUNTY pursuant hereto, either party may
terminate this AGREEMENT with or without cause, upon notice to the other party.
b. After CITY has made a commitment of funds to PROJECT, COUNTY may
terminate only if CITY does not proceed with PROJECT in accordance with the
hereof.
C. Notice of termination shall be in writing and shall state the c
for termination, if cause is required, and the date upon which such termination is
effective. Notice shall be served as provided in Paragraph 8, above.
10. FAILURE TO COMPLETE
CITY agrees that in the event it, or its successor in interest, does
not complete construction of said PROJECT as specified in Paragraph 2 above, AGREEM
shall be subject to termination as specified in Paragraph 9 above.
11. INDEPENDENT CONTRACTOR STATUS
This AGREEMENT is by and between COUNTY and CITY and is not intended
and shall not be construed so as to create the relationship of agent, servant,
employee, partnership, joint venture or association, as between COUNTY and CITY.
12.
CITY agrees to indemnify, defend and save harmless COUNTY, its agents,
officers and employees from and against any and all liability, expense, including
defense costs and legal fees, and claims for damages of any nature whatsoever,
including, but not limited to bodily injury, death, personal injury or property damage
arising from or connected with CITY's construction, operation, or services provided
hereunder, including without limitation, any workers' compensation suits, liability,
or expense arising from or connected with services performed on behalf of CITY by any
person pursuant to this AGREEMENT.
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13. ASSIGNMENT
• Agreement No. D96 -156
Any transfer or assignment of CITY's interest in PROJECT, or any part
or portion thereof, shall first be approved in writing by COUNTY, which approval
COUNTY shall not unreasonably withhold. Failure to obtain COUNTY's required written
approval of any proposed transfer or assignment will render this AGREEMENT t
as specified in Paragraph 9 above.
14. WAIVER OF RIGHTS
The failure of COUNTY or CITY to insist upon strict performance of any
of the terms, covenants or conditions of this AGREEMENT shall not be deemed a waiver
of any right or remedy that COUNTY or CITY may have, and shall not be deemed a waiver
of the right to require strict performance of all the terms, covenants and conditions
of the AGREEMENT thereafter, nor a waiver of any remedy for the subsequent breach or
default of any term, covenant or condition of this AGREEMENT.
15. TERM OF AGREEMENT
The term of this AGREEMENT shall commence upon execution by COUNTY's
Board of Supervisors and shall, with the exception of Paragraph 12, terminate on
December 31, 1997, or on a date subject to the performance requirements specified in
Paragraph 2, or in accordance with the termination provisions of this AGREEMENT
described in Paragraph 9 above, provided however, that CITY's obligations under
Paragraph 5 above, shall remain in effect and be enforceable by COUNTY unless all
funds paid by COUNTY hereunder to CITY have been refunded to COUNTY.
16. EFFECT OF AGREEMENT
This AGREEMENT fully expresses all understanding of the parties and is
the total AGREEMENT between the parties as to the subject matter of this AGREEMENT.
No addition to or alteration of the terms of this AGREEMENT, whether written or
verbal, by the parties, their officers, agents or employees, shall be valid unless in
the form of a written amendment to this AGREEMENT, and is formally approved and
executed by all parties.
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0 Agreement No. D96 -156
IN WITNESS WHEREOF, each party hereto has executed this AGREEMENT by a duly
representative as of the date set forth above.
DATE: 02
DATE:
ATTEST:
City Clerk
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
ATTEST.
COUNTY OF ORANGE
BY:
Chairman of the Board of
Supervisors of Orange County,
California
CITY OF NEWPORT BEACH
%°
kPi?-01'r-D AS TO FORV.:
APPROVED AS TO FORM:
LAURENCE N. WATSON
BY:
Darlend J. Bloom
Clerk of the Board of Supervisors
of Orange County, California
HMM:ms6110709523740
Attachment: Exhibit A
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E X H I B I T A
N1OV 0 I IJ96
FLF1'11 DISTRICT
Urban Parks Program Funding Application
Read instructions on reverse side before answering questions.
1. Agency /Jurisdiction:
Newport Beach
2, Project Title:
Castaways Park - Asphalt Hiking Trails
3. Estimated Total Project Cost: $ 4. Amount Requested: $
100,000 50,000
S. Project Location (street address, closed intersection and attach vicinity map):
Dover Drive, between pacific Coast Highway and 16th Street (Attachment 1)
6. Description of Project (be specific - applicant will be bound by this
description; attach additional sheets if necessary):
Construction of a new passive view park with hiking trails that provide access to
panaramic views and wildlife sightings at the Upper Newport Bay. (Attachment 2,
City Council Action and Attachment 3, Park Plan)
7. a. Estimated Project Start Date: 2/97 S. Have development plans been
prepared? Yes
b. Estimated Completed Date: 4/97
9. Date of Availability of Agency's Matching 10. Source of Agency's Matching
Funds: 7/l/96 (approved in FY 96/97 budget) Funds: City park In -Lieu Funds
(Ait-Lachment 4_ AudgPt)
11. a. Use Radius of Project in Miles: Regional County -wide benefit
b. Population served: Residents throughout the region.
12. Agency's Contact (person with day -to -day responsibility for the proposed
project).
Name: Don Webb Title: Director, Public Works Telephone: (714)
644 -3111
13. Agency's Name and Address: 14.
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663 Aut i,e Si tat-re
PLEASF. NO'T'E:
Resolution documenting approval . of proposed
project from requesting Agency's governing
body must be submitted along with funding
application.
IIM;nC404210 8275432
City Manager
Title
10/31/96
Date
For County Use Only:
Request__Rejected_
Date of Action
Amount of Approved_
Date of Agreement:_
Agreement No.
Approved
The Castaways Park project is a passive or view park with a 30 space parking lot. The project
will be constructed in two phases:
Phase I Bluff top (view) park improvements including asphalt trails (pedestrian -
bicycle), low level trail lighting and some landscaping.
Phase 2 Parking lot improvements including the 30 space City lot and major
modifications to the Newport Ilarbor Lutheran Church parking lot.
A preliminary cost estimate is:
Phase 1 $250,000
Phase 2 $350,000
The Phase I estimate can be broken clown as follows:
Clearing and Grading
$ 25,000
Asphalt trails
100,000
Ligbting
Emmet Berkery, P.E.
Landscape
50,000
3345 Newport Boulevard
90,000
Suite 215
Newport Beach, CA 92663
Telephone: (714) 673 -6446
Facsimile: (714) 673 -6899
MEM0ItANI)UM
DATE-:
October 25, 1996
TO:
Peggy Ducey
PROM:
Emmet Berkery
SUBJECT:
Castaways Park
The Castaways Park project is a passive or view park with a 30 space parking lot. The project
will be constructed in two phases:
Phase I Bluff top (view) park improvements including asphalt trails (pedestrian -
bicycle), low level trail lighting and some landscaping.
Phase 2 Parking lot improvements including the 30 space City lot and major
modifications to the Newport Ilarbor Lutheran Church parking lot.
A preliminary cost estimate is:
Phase 1 $250,000
Phase 2 $350,000
The Phase I estimate can be broken clown as follows:
Clearing and Grading
$ 25,000
Asphalt trails
100,000
Ligbting
35,000
Landscape
50,000
Irrigation
90,000
Please remember these figures aic preliminary. Any funding which could be obtained from
outside sources will be most welcome.
cc:
Kevin Murphy lion Webb
LaDonna Kicnitz Bill Palapoff
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•
•
•
DATE:
TO:
FROM:
SUBJECT:
•
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
January 13, 1997
• 1 3Z
Agenda Item io
err
.�W 13097
F,i'°'KUVED
Honorable Mayor and Members of the City Council
Peggy Ducey, Assistant to City Manager
County Urban Park Fund Grant
C���2
BACKGROUND
On November 5th, the Orange County Board of Supervisors approved the City's
grant application for $50,000 from the County of Orange Urban Parks Program to
fund half the cost of the asphalt trails at Castaways Park. Attached is the grant
agreement that must be executed for the City to receive the funds.
The grant agreement includes the following requirements:
• Grant funds can only be used for capital costs, and not on -going personnel or
operational costs.
• The City shall be the lead agency and project manager.
• The City must provide matching funds of at least 50% of the total project cost.
• Grant funds can only be used for the construction of the asphalt trails at
Castaways Park, unless otherwise approved by the County of Orange.
• The City must maintain the park project funded by the grant for a minimum of
10 years.
• The City will indemnify the County from any legal action associated with the
project.
• Upon completion of the project, the City shall invoice the County for 50% of the
project cost, up to a maximum of $50,000.
RECOMMENDATION
Authorize the City Manager to execute the Urban Parks Program Funding
Assistance Agreement.
01/08/97 12:30 PROGRAM PLANNING 4 96443020
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PROJECT: city of Newport Reach
castaways Park Asphalt
Hiking Trails
(Job No. 13823345)
NO.424 P092
Agreement No. D96 -156 is
Fifth District
URBAN PARRS PROGRAM
FUNDING ASSISTANCE
AGREEMENT
This AGREEMENT is made and entered into this day of , 1997
BY AND BETWEEN
The City of Newport Beach, a municipal
corporation, hereinafter referred to as "CITY,
a,,
.
The County of orange, a subdivision of the
State of California, hereinafter referred to a
"COUNTY."
RECITALS is
WMMEAS, CITY has proposed to construct asphalt hiking trails (pedestrian
and bicycle) improvements at Castaways Park, and will award a contract for
construction of said improvements, hereinafter referred to as "PROJECT;" and
wEzREAS, the cost for development and construction of said PROJECT
improvements is estimated at $100,000; and
wnEREPS, CITY has requested funds in an amount not to exceed $50,000, to
assist with financing said PROJECT improvements; and
WBEREAS, COUNTY finds that completion of PROJECT will provide enhanced
recreational facilities for all residents of orange County; and
WRKRzAs, COUNTY has established a program, which has generally become know
as the "Urban Parks Program," to budget funds annually for use towards projects which
remedy regional park deficiencies in urbanized areas; and � i
WEEREAS, COUNTY desires to participate in said PROJECT by providing n
assistance in an amount not to exceed the lesser of actual development /construction
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+1/08/97 12:30 PROGRAM PLANNING 4 96443020
NO.424 P003
i
Agreement No. D96 -156
costs or $50,000, from Urban Parks Program funds for PROJECT development and
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construction costs, thereto.
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I
NOW, THEREFORE THE PARTSRS MUTUALLY AGREE As FOLLOWS:
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1. PROJECT
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a. PROJECT shall consist solely of constructing asphalt hiking trails
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(pedestrian and bicycle) that provide access to panoramic view and wildlife sightings
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at the Upper Newport Bay, Castaways Park.
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b. PROJECT is located within the City of Newport Beach, California,
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and is more specifically described and illustrated in the accompanying application
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package and site plan, entitled Exhibit "A," attached hereto and by this reference,
to
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made a part thereof.
2. PERFORMANCE
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CITY agrees to award contract(s) for construction of said PROJECT on ox
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before June 30, 1997, and t0 complete PROJECT by December 31, 1997. The period for
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completion as set forth herein however, shall be extended by the period that
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completion is delayed by acts otherwise outside the control of CITY.
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3. FINANCIAL ASSISTANCE
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{
a. Financial assistance in an amount not to exceed the lesser of
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actual construction /development costs or $50,000, shall be provided by COUNTY from
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Harbors, Beaches and Parks funds. Funds shall be used solely for PROJECT's
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development and construction costs, including, but not limited to architectural
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design, engineering plans and specifications, contract labor, construction materials
22
and machinery or equipment rental. COUNTY's contribution shall not be used for
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CITY's staff salaries, fund- raising, on -going operations and maintenance of the
24
facility, purchase of capital equipment related to administrative and /or maintenance
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26
duties, office supplies, project permit fees or other administrative expenses or
overhead.
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b. The Manager of Harbors, Beaches and Parks, hereinafter referred to
28
\
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01/08/97 12:30 PROGRAM PLANNING -� 96443020
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NO.424 P024
Agreement No. D96 -156
as MANAGER, or his appointed designee, shall have the authority to make budget .
adjustments to the AGREEMENT, with concurrence of CITY, as deemed necessary in order
to advance the purposes of this AGREEMENT, provided that such action does not in the
aggregate, exceed the total amount of financial assistance specified in sub - paragraph 1.
a., above, unless approved by the Board of Supervisors.
4.
CITY shall have the sole responsibility for administering and obtaininc
all governmental agency approvals for said PROJECT, including, but not limited to the
selection of contractors, management of contractors' work, administration of contracts
for compliance with the requirements of all applicable local zoning and building codes
and other regulations.
5. OPERATIONS AND MAINTENANCE
CITY agrees to operate and maintain Castaways Park, or cause the
operation and maintenance thereof through others, as approved by MANAGER, for the*
by and benefit of residents countywide, for a minimum of ten (10) years from the date
of PROTECT completion. CITY shall not discriminate as to fees, hours of use,
reservation privileges or any other use privileges based upon residence.
6. CITY shall:
a. remain the "lead agency" for services required under this
AGREEMENT, within the context of the California Environmental Quality Act of 1970 as
amended.
b. provide staff assistance and all permits necessary for PROJECT at
no cost to COUNTY.
C. complete PROJECT by December 31, 1997.
d. invoice COUNTY upon completion of PROJECT, for an amount not to
exceed the lesser of actual development and construction costs or $50,000. All
is
invoices shall include a Project Cost Summary, complete with documentation of all
PROJECT expenditures, including copies of construction contract(s) awarded pursuant t
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01/08/97 12:30 PROGRAM PLANNING 4 96443020
•
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NO.424 P005
Agreement No. D96 -156
.
this PROJECT, canceled checks, paid bills and /or invoices. All invoices shall be
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subject to the routine processing requirements of COUNTY's Auditor - Controller.
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e. permit COUNTY to review records relating to PROJECT expenditures.
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Records shall be retained and made available to COUNTY for review for a minimum of
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three (3) years after completion of PROJECT.
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7. COUNTY shall:
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Remit funds to CITY, as specified in Paragraph 3 above, upon completio:
7
of said PROJECT, and within sixty (60) days of receipt and approval by MANAGER, of
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CITY's invoices(s) substantiating PROJECT expenditures.
9
8. NOTICES
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a. Notices or other communications which may be required or provided
it
under the terms of this AGREEMENT shall be given as follows:
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COUNTY: Manager of Harbors, Beaches and Parks
13
Public Facilities and Resources Department
•
County of orange
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P.0_ Box 4048
Santa Ana, CA 92702 -4048
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CITY: City Manager
16
City of Newport Reach
3300 Newport Blvd.
17
Newport Beach, CA 92663
18
INVOICES: Financial Operations - Business office
Public Facilities and Resources Department
19
P.O. Box 4048
Santa Ana, CA 92702 -4048
20
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b. All notices shall be deemed effective when in writing and deliverer
22
in person or deposited in the united States mail, first class, postage prepaid and
23
addressed as above. Notwithstanding the above, COUNTY and CITY may also provide
24
notices by facsimile transmittal, and any such notice so given shall be deemed to have
25
been given upon receipt. Any notices, correspondence, reports and /or statements
•
26
authorized or required by this AGREEMENT, addressed in any other fashion shall be
27
deemed not given. The parties hereto may change the addresses to which notices are tc
28
be sent by giving notice of such change to the other party.
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01/09/97 12:31 PROGRAM PLANNING 4 96443020
• .
NO.424 P006
Agreement No. D96 -156
9. TERMINATION •
1
2 a. Prior to CITY's commitment of funds such as award of contracts to
3 expend funds that would be reimbursed by COUNTY pursuant hereto, either party may
4 terminate this AGREEMENT with or without cause, upon notice to the other party.
5 b. After CITY has made a commitment of funds to PROJECT, COUNTY may
6 terminate only if CITY does not proceed with PROJECT in accordance with the provision:
hereof.
7
8 c. Notice of termination shall be in writing and shall state the caus,
for termination, if cause is required, and the date upon which such termination is
9
effective. Notice shall be served as provided in Paragraph 8, above.
10
10. FAILURE TO CONFf -RTB
11
12 CITY agrees that in the event it, or its successor in interest, does
not complete construction of said PROJECT as specified in Paragraph 2 above, AGREEMEN. "
13 •14 shall be subject to termination as specified in Paragraph 9 above.
11. nMZPENDBNT CONTRACTOR STATUS
15
This AGREEMENT is by and between COUNTY and CITY and is not intended
16
and shall not be construed so as to create the relationship of agent, servant,
17
employee, partnership, joint venture or association, as between COUNTY and CITY.
18 '
12. 1=23WIFIC4TION
19
20 CITY agrees to indemnify, defend and save harmless COUNTY, its agents,
21 officers and employees from and against any and all liability, expense, including
defense costs and legal fees, and claims for damages of any nature whatsoever,
22
23 including, but not limited to bodily injury, death, personal injury or property damage
arising from or connected with CITY's construction, operation, or services provided
24
25 hereunder, including without limitation, any workers' compensation suits, liability,
or expense arising from or connected with services performed on behalf of CITY byy
26
person pursuant to this AGREEMENT.
27
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NO.424 P007
Agreement No. D96 -156
13. ASSIGNMENT
•
1
Any transfer or assignment of CITY's interest in PROJECT, or any part
2
or portion thereof, shall first be approved in writing by COUNTY, which approval
3
COUNTY shall not unreasonably withhold. Failure to obtain COUNTY's required written
4
approval of any proposed transfer or assignment will render this AGREEMENT terminated,
5
as specified in Paragraph 9 above.
6
14. WATVBR OF RIGHTS
7
The failure of COUNTY or CITY to insist upon strict performance of any
8
of the terms, covenants or conditions of this AGREEMENT shall not be deemed a waiver
9
of any right or remedy that COUNTY or CITY may have, and shall not be deemed a waiver
10
11
of the right to require strict performance of all the terms, covenants and conditions
of the AGREEMENT thereafter, nor a waiver of any remedy for the subsequent breach or
12
default of any term, covenant or condition of this AGREEMENT.
13
•
15. TERM 08 AGREEMENT
The term of this AGREEMENT shall commence upon execution by COUNTY's
15
Board of Supervisors and shall, with the exception of Paragraph 12, terminate on
16
December 31, 1997, or on a date subject to the performance requirements specified in .
17
Paragraph 2, or in accordance with the termination provisions of this AGREEMENT
18
described in Paragraph 9 above, provided however, that CITY's obligations under
19
Paragraph 5 above, shall remain in effect and be enforceable by COUNTY unless all
20
funds paid by COUNTY hereunder to CITY have been refunded to COUNTY.
21
16. EFFECT OF AGREEMENT
22
This AGREEMENT fully expresses all understanding of the parties and is
23
the total AGREEMENT between the parties as to the subject matter of this AGREEMENT.
24
No addition to or alteration of the terms of this AGREEMENT, whether written or
25
verbal, by the parties, their officers, agents or employees, shall be valid unless in
•
26
the form of a written amendment to this AGREEMENT, and is formally approved and
27
executed by all parties_
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7 Q
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NO.424 P002
Agreement No. P96 -156
IN WITNESS WHEREOF, each party hereto has executed this AGREEMENT by a duly authorized
representative as of the date set forth above.
COUNTY OF ORANGE
DATE: BY-
Chairman of the Board of
Supervisors of Orange County,
California
CITY OF NEWPORT BEACH
DATE: BY:
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
1-Vra
City Attorney
SIGNED AND CERTIFIED THAT A COPY OF APPROVED AS TO FORK:
THIS DOCUMENT HAS BEEN DELIVERED TO LAURENCE K. WATSON
THE CHAIRMAN OF THE BOARD COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
Darlene J. Bloom
Clerk of the Board of Supervisors
of Orange County, California
HMM:ms6110709523740
Attachment: Exhibit A
BY:
Deputy
•
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