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PROJECT: Thornton "Barrier Free" Park
First District
URBAN PARKS PROGRAM
FUNDING ASSISTANCE
AGREEMENT
Agreement No. D92-047
"o
This AGREEMENT is made and entered into thisa4t day of January 1993.
BY AND BETWEEN
THE CITY OF SANTA ANA, a municipal corporation,
hereinafter referred to as "CITY",
THE COUNTY OF ORANGE, a subdivision of
the State of California, hereinafter
referred to as "COUNTY".
WITNESSETH
WHEREAS, CITY has entered into an agreement with the Kiwanis Club to construct
Phase I (basketball court and play equipment area) of Thornton "Barrier Free" park; and
WHEREAS, CITY desires to prepare plans and specifications and construct Phase I of
Thornton "Barrier Free" park. CITY shall award a contract to include survey, soils report,
consultant fee, construction and inspection of project, hereinafter referred to as "PROJECT';
and
WHEREAS, CITY represents the cost for development and construction of said
PROJECT is estimated at $350,000; and
WHEREAS, COUNTY finds that completion of PROJECT will provide enhanced use of
the recreational facilities by children with physical handicaps throughout Orange County; and
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I WHEREAS, COUNTY has established a program, which has generally become known as
2 the "Urban Parks Program", to budget funds annually for use towards projects which remedy
3 regional park deficiencies in urbanized areas; and
4 WHEREAS, COUNTY desires to participate in said PROJECT by providing funding
5 assistance in an amount not to exceed $150,000 from Urban Parks Program funds for PROJECT
6 development and construction costs, thereto.
7
8 NOW, THEREFORE THE PARTIES MUTUALLY AGREE AS FOLLOWS:
9
10 1. PROJECT
11 PROJECT shall consist solely of the preparation of plans and specifications, and the
12 construction of Phase I improvements at Thornton Park. Phase I consists of a basketball court
1.3 and a play equipment area. CITY shall award a contract to include survey, soils report,
14 consultant fee, construction and inspection of project within the City of Santa Ana, California,
15 which is more specifically illustrated on the accompanying site plan, entitled Exhibit "A", attached
16 hereto and by this reference, made a part hereof. PROJECT will be available for use by
17 residents countywide.
18
19 2. PERFORMANCE
20 CITY agrees to award a contract for construction of said PROJECT on or about
21 September 20, 1993 and to complete PROJECT within six months of the award of construction
22 contract. The period for completion as set forth herein however, shall be extended by the period
23 that completion is delayed by acts outside the control of CITY.
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1 3. FINANCIAL ASSISTANCE
2 a. Funding assistance in an amount not to exceed $150,000 shall be provided by
3 COUNTY from the Harbors, Beaches and Parks funds. Funding assistance shall be used
4 solely for PROJECT's development and construction costs, including but not limited to,
5 architectural design, engineering plans and specifications, contract labor, materials,
6 machinery, and any other incidental services required as part of this PROJECT. Such
7 costs ($150,000) shall not include any expenses for CITY's staff salaries, fund raising,
8 operation and maintenance of any facilities, equipment and supplies, other administrative
9 expenses or overhead, in accordance with the procedures and requirements set forth
10 below.
11
12 b. In no case shall COUNTY's obligation pursuant to this AGREEMENT exceed
13 $150,000. Should expenditures for the PROJECT be less than $150,000, CITY shall,
14 within thirty (30) days of filing Notice of Completion or cessation of work on PROJECT,
15 whichever occurs first, refund to COUNTY a percentage to be computed by dividing the
16 actual cost by the estimated cost and multiplying the resulting percentage by the
17 COUNTY's contribution. Said reimbursement shall become due and payable upon
18 submission of final accounting report by CITY, in accordance with Paragraph 7.e. below.
19
20 4. ADMINISTRATION
21 CITY shall have the sole responsibility for administering and obtaining all governmental
22 agency approvals for said PROJECT, including, but not limited to the selection of contractors,
23 management of contractors' work, administration of contracts for compliance with the
24 requirements of all applicable local zoning and building codes and other regulations.
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1 5. OPERATIONS AND MAINTENANCE
2 CITY agrees to operate and maintain PROJECT, or cause operation and maintenance
3 thereof through others, as approved by COUNTY's Director of Harbors, Beaches and Parks or
4 his designee, for the benefit of residents countywide, for a minimum of ten (10) years from the
5 date of completion. PROJECT operator shall not discriminate as to fees, hours of use,
6 reservation privileges or any other PROJECT use privileges based upon race, color, religion,
7 political persuasion or residence.
8
9 6. NOTIFICATION OF COMPLETION
10 CITY agrees to provide COUNTY with written notification of the date of completion of
11 said PROJECT. "Completion" or "completed" as used herein shall mean the completion of all
12 construction required under said AGREEMENT. Notice of Completion shall be filed with
13 COUNTY's Director of Harbors, Beaches and Parrs within thirty (30) days after completion of
14 PROJECT.
15
16 7. CITY shall:
17 a. Remain the "lead agency" for services required under this AGREEMENT, within
18 the context of the Environmental Quality Act of'1970 as amended.
19
20 b. Provide staff assistance and all permits necessary for PROJECT at no cost to
21 COUNTY.
22
23 C. Invoice COUNTY for an amount not to exceed $150,000 upon award of contract
24 to accomplish PROJECT development and construction services.
25
26 d. Complete PROJECT by February 28, 1994 as evidenced by contract Notice of
27 Completion, executed by CITY and filed with COUNTY.
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I e. Submit a final accounting report to COUNTY including copies of paid bills,
2 warrants, invoices and other documents substantiating CITY's expenditures for
3 PROJECT construction, within thirty (30) days of filing Notice of Completion as
4 specified in Paragraph 6 above.
5
6 f. Permit COUNTY to review records relating to PROJECT expenditures.
7
8 8. COUNTY shall:
9 Remit funds to CITY, within sixty (60) days of CITY's award of contract for construction
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10 of said PROJECT, and upon receipt and approval of CITY's invoice by COUNT'Y''s Director of
j 11 Harbors, Beaches and Parks, or his designee. Invoice shall be subject to normal processing
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12 requirements of COUNTY's Auditor -Controller.
13
14 9. NOTICES
15 a. NOTICES or other communications which may be required or provided under the
16 terms of this AGREEMENT shall be given as follows:
17
COUNTY: Director of Harbors, Beaches and Parks
18 Environmental Management Agency
P.O. Box 4048
19 Santa Ana, CA 92702-4048
20 CITY: City of Santa Ana
Attn: City Manager
21 20 Civic Center Plaza
P.O. Box 1988
22 Santa Ana, CA 92702
23
INVOICES: Environmental Management Agency
24 Financial Operations
P.O. Box 4048
25 Santa Ana, CA 92702-4048
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I b. All notices shall be deemed effective when in -writing and delivered in -person or
2 deposited in the United States mail, first class, postage prepaid and addressed as above.
3 Any notices, correspondence, reports and/or statements authorized or required by this
4 AGREEMENT, addressed in any other fashion shall be deemed not given. The parties
5 hereto may change the addresses to which notices are to be sent by giving notice of such
6 change to the other party.
7
8 10. TERMINATION
9 a. Either party shall have the right to terminate this AGREEMENT prior to the
10 payment of funds, with cause immediately, or without cause with thirty (30) days written
11 notice. Any such termination shall be effected by delivery to the other party in a manner
12 prescribed in Paragraph 9 above, of a written "Notice of Termination" specifying the
13 extent to which performance of work under this AGREEMENT is terminated, and the
14 date upon which such termination became effective.
15
16 b. In the event AGREEMENT is terminated after funds have been remitted by
17 COUNTY to CITY, CITY or its successor in interest, shall refund all funds contributed
18 by COUNTY, to a total of $150,000, plus compound interest calculated from the date of
19 deposit through the date of refund, at the rate of six percent (6%) per year. Such
20 termination shall be effected by delivery to CITY of a written "Notice of Termination"
21 specifying the extent to which performance of work under this AGREEMENT is
22 terminated, and the date upon which such termination becomes effective.
23
24 11. SURETY
25 CITY agrees that in the event CITY, or its successor or successor in interest, does not
26 complete construction of said PROJECT as specified in Paragraph 2 above, AGREEMENT shall
27 be subject to termination as specified in Paragraph 10.b. above.
28 —6—
1 12. INDEPENDENT CONTRACTOR STATUS
2 This AGREEMENT is by and between COUNTY and CITY and is not intended and
3 shall not be construed so as to create the relationship of agent, servant, employee, partnership,
4 joint venture or association, as between COUNTY and CITY.
5
6 13. INDEMNIFICATION
7 CITY agrees to indemnify, defend and save harmless COUNTY, its agents, officers and
8 employees from and against any and all liability, expense, including defense costs and legal fees,
9 and claims for damages of any nature whatsoever, including, but not limited to bodily injury,
10 death, personal injury or property damage arising from or connected with CITY's construction,
11 operation, or its services provided hereunder, including without limitation, any workers'
12 compensation suits, liability, or expense arising from or connected with services performed on
13 behalf of CITY by any person pursuant to this AGREEMENT.
14
15 14. ASSIGNMENT
16 Any transfer of assignment of CITY interest in PROJECT, or any part or portion
17 thereof, shall first be approved in writing by COUNTY. Failure to obtain COUNTY's required
18 written approval of any proposed transfer or assignment will render this AGREEMENT
19 terminated, as specified in Paragraph 10.b. above.
20
21 15. TERM OF AGREEMENT
22 The term of this AGREEMENT shall commence upon execution by COUNTY's Board
23 of Supervisors and shall terminate on February 28, 1994 or on an earlier date subject to the
24 performance requirements specified herein, or in accordance with the termination provisions of
25 this AGREEMENT described in Paragraph 10 above, provided, however, that CITY's obligations
26 under Paragraph 5 above, shall remain in effect and be enforceable by COUNTY unless all funds
27 paid by COUNTY hereunder to CITY have been refunded to COUNTY.
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1 16. EFFECT OF AGREEMENT
2 This AGREEMENT fully expresses all understanding of the parties and is the total
3 AGREEMENT between the parties as to the subject matter of this AGREEMENT. No addition
4 to or alteration of the terms of this AGREEMENT, whether written or verbal, by the parties,
5 their offices, agents or employees, shall be valid unless in the form of a written amendment to
6 this AGREEMENT, and is formally approved and executed by all parties. CITY's City Manager
7 is authorized to execute any such amendments on behalf of CITY.
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day and year
first hereinabove written.
1
y �0
DATE: "b
Chairman of the Board of
Supervisors of Orange
County, California
Approved a I ' el 'Ontent
CRY Willarr
ATTEST.-
�7
CITY OF SANTA ANA
BY:
'bankl H. Young, M*r
City of Santa Ana
FAIJ a a lklt
_0 'JACI ff 30073n
BY:
Edward J. (Co6M,g)ty Attorney
City of Santa Ana
SIGNED AND CERTIFIED THAT A APPROVED AS TO FORM:
COPY OF THIS DOCUMENT HAS BEEN TERRY ANDRUS, COUNTY COUNSEL
DELIVERED TO THE CHAIRMAN OF ORANGE COUNTY, CALIFORNIA
THE BOARD
ry
Pholis A. Henderson l Deputy
Clerk of the Board of Supervisors
of Orange County, California
GMA:pc DOCS\D92-047
owl 4"I u
I
EXHIBIT A
r � 1
. - R
M County ®f ®range
9ZfPOR��
February 8, 1993
TO: Ron Ono, Park/Landscape Design Manager
City of Santa Ana
FROM: Gregory M. Aardema, Staff Analyst
EMA/HBP/Program Support
SUBJECT: Urban Parks Program Agreement D92-047
Thornton 'Barrier Free" Park
Ron, per our telephone conversation this date, I mailed this package to your attention.
Attached is an original signature copy of the above -described agreement, plus a copy of the minute
order from the County Board of Supervisors for the files of the City of Santa Ana. Call me at
568-4986 if you have any questions.
GMA:pc DOCS\930208A
F850-188(3/84j CR5
BOARD OF SUPERVISORS
ORANGE COUNTY, CALIFORNIA MINUTES January 26, 1993
URBAN PARKS PROGRAM FUNDING ASSISTANCE AGREEMENT NO. D92-047 WITH THE
CITY OF SANTA ANA FOR THORNTON "BARRIER FREE" PARK: Environmental
Management Agency requests approval of an agreement for financial
assistance for the preparation of plans and specifications, and
construction of Phase I improvements of basketball court and play
equipment area at Thornton "Barrier Free" Park,
MOTION: On motion by Supervisor Vasquez, seconded by Supervisor Riley,
the Board authorized execution of Urban Parks Program Funding Assistance
Agreement No. D92-047 with the City of Santa Ana. MOTION UNANIMOUSLY
CARRIED.
Rrb5�IV
E-MA