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HomeMy WebLinkAboutORANGE, COUNTY OF (44)AGREEMENT 6 ("?mumuscx -I ) REVENUE SHARING AGREEMENT THIS AGREEMENT -made and entered into thiQ0-/_d-y of 197, by and between the CITY OF SANTA ANA, a chartered municipal corporation, hereinafter referred to as "CITY" and the COUNTY OF ORANGE, a division of the State of California, hereinafter refer- red to as "COUNTY". W I T N F, S S E T 11 T%MEREAS, COUNTY has agreed to share some of its general revenue sharing funds with cities, service areas and Parks and Recreation Districts; and 11MERBAS, the CITY has requested that.one of these revenue sharing and matching fund projects be the further development of Prentice Park Zoo and that the funds shall be used to purchase and install additional cages and complete the children's zoo. 1.THEREAS, Prentice Park Soo is a recreational facility serving the entire City of Santa Ana and neighboring cities with an approximate population of 170,000 people in the city; and WHEREAS, CITY has adopted the General Plan Program of the City, page 16, technical workbook 4 Facilities Prins/In,,,YD!ci-iciitati-ons I Proposals, -thereby the minimal park requirements are two acres per one thousand population; and 1'M, P,EAS, CITY has further delineated park and -recreation lands and facilities in its General Plan, page 19, workbook 4, existing and proposed; NOW, THEP-EF'ORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, CO=2 ANTS AND CONDITIONS HEREINAFTER SET FORTH, THE PARTIES HERETO AGREE AS FOLLOWS: ' I Prentice Park Zoo is located at 1700 Fast First Street, Santa -Ana, California_ II The parties hereto agree that the .cost of development for recrea- tional use of the Revenue. Sharing project site described in para- graph I.above shall be equally divided between the CITY and the COUNTY and the -CITY shall pay 50% of the project cost, 'with a " ceiling price of Twenty_Eight Thousand Eight Hundred Dollars t$2a,800?, and the COUNTY shall pay 50% of the project cost, or Twenty Eight Thousant Eight Hundred Dollars ($28,800) or a lesser amount, if the CITY'S cost of development after the date of the agreement decreases, CITY shall be responsible for the cost of overhead, operation and maintenance; such costs are not to be in- cluded in this joint funding agreement. Monthly payments by the Cfli ?Y', based on actual expenditures, shall be made upon t_er_der of 2 invoices -and propar documentation of accounting and with the approval of the County Administrative Office. • III The CITY'S source of funds for its share.of the project cost is -derived from. City of Santa Ana District Fees 49307-232. IV • . For the purpose of this.agreement Prentice Park Zoo shall be ooTpleted no later than June 30, 1975 and all funds.received. under this contract shall be disbursed or encumbered on or before .that date. -C1Tv shall maintain proper accounting records and procedures d.other evidence pertaining to costs incurred which records z all be kept available at the CITY'S office during the agreement period and thereafter for five (5) years from the -date of final payment of county revenue sharing funds and zhall make said records available to the COUNTY for the ,purposes of auditing and that quarterly progress reports ,shall be supplied by the CITY to the County Administrative Office. VI CITY agrees that for development projects planning and design services and all other development overhead shall not be included in this joint funding agreement. The -CITY acknowledges responsi- bility for the design of development projects and agrees that plans and soecifications shall be approved by the COUNTY prior to �adv`rtising for bids. 3 I VII The 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, and that expenditure of -these funds must be in accordance with said law and regulations issued by agencies of the federal government. CITY further acknowledges that when such funds are used on any construction project for which twenty five percent (25%) or more of the costs are paid out of revenue funds, prevailing wages must be paid in accordance with the Davis -Bacon Act, as amended, 40 U.S.C. 276(a) and 276(a)(7), and in compliance with labor standards as specified by the Secretary of Labor. CITY further agrees that any federal funds which are expended improperly by the CITY shall be refunded to the COUNTY. VIII No person shall, on the basis of race, color, national origin, or sex, be'excluded from participation in or be denied the benefits of, or he subject to discrimination under, any program or activity funded in whole or in part with funds made available under this agreement. Ix CITY agrees'the'pr6jects under this program must he retained for public parks, recreation or open space purposes, along with the level of operation and maintenance adequat-_e to insure, the maximum utilization of the project by -4 b the public for recreation purposes and that the use of the property shall be grante-d to all residents of the County on the same conditions that residents of CITY use the property and that if the property ceases to be used for said purpose by CITY, CITY shall repay to COUNTY the sum contributed by the County in this agreement. IN WITI\TESS WHEREOF the parties hereto have executed this Agreement this day and year first above written. ATTEST: WILLIAM E. ST JOHN Clerk of the 5�TaTT-0-'f Supervisors APqP-:ED AS �TO FOPUM: Cj-1 / �' J, " - - ATTEST: CLERI" OF THE COUNCIL 5 COUNTY OF ORANGE BOP.yq OF SUPERVISORS <A� &r C"airman CITY OF SANTA kNA, a municipal corporation Mayor FIGURE G FIGURE G