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HomeMy WebLinkAboutORANGE, COUNTY OF (57)JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE COUNTY OF ORANGE FOR THE 2 PURPOSE OF BUILDING THE NEWHOPE BRANCH LIBRARY 3 4 Pursuant to Title 1, Dvision 7, Chapter 5 of the Government Code of 5 the State of California (Sections 6500 to 6515), a joint powers agreement 6 is hereby entered into by and between the CITY OF SANTA ANA, a municipal 7 corporation of the State of California, hereinafter referred to as "CITY," 8 and the COUNTY OF ORANGE, a division of the State of California, herein- 9 after referred to as "COUNTY," and is dated for purposes of identification 10 this day of , 1977. 11 WITNESSETH: 12 WHEREAS, CITY is empowered to establish a public library pursuant 13 to California Education Code Section 18900 and is empowered to erect and 14 paintain buildings for municipal purposes pursuant to California Government J W D z 15 Code Section 37352 and is empowered to construct public libraries pursuant OD 0 U LL W 16 to California Government Code Section 39732; and 0 44 1. 0 z 02 z :� -C 17 WHEREAS, COUNTY is empowered to construct public buildings, U 0 18 including libraries, pursuant to California Government Code Section 19 25351; and 20 WHEREAS, the General Revenue Sharing Funds received by COUNTY 21 ursuant to the State and Local Fiscal Assistance Act of 1972 (Public Law 22 92-512) may be expended for ordinary and necessary capital expenditures 23 (for the purposes of this Agreement, "capital expenditures" shall mean 24 and be limited to "fixed assets" as that term is used and understood in ;Z 25 accounting for COUNTY funds), and COUNTY is empowered to use General 2 26 Revenue Sharing Funds for County library purposes; and 27 28 HS:hp 12A.A 7/14/71 1. I WHEREAS, CITY and COUNTY, pursuant to California Government Code Section 6500 et seq., wish to jointly exercise their individual powers to construct and furnish buildings for library purposes and to share in the funding responsibility in order to construct the Newhope Branch Library, with the provision that said Library be operated by CITY in a manner that insures its availability to all residents of the County; and WHEREAS, the proposed library will be situated near unincorporated 11territory and will be convenient to residents of the unincorporated area WHEREAS, the COUNTY has recently closed a library on First and Magnolia Streets, upon opening its Westminster Branch Library, and for certain residents of Fountain Valley, Westminster, and Garden Grove who formerly used the First and Magnolia Library, the proposed Newhope Library will be more convenient than the Westminster Branch; NOW, THEREFORE, IN CONSIDERATION of the mutual promises., covenants, and conditions hereinafter set forth, the parties hereto agree as follows: 1. A library shall be constructed at Newhope and First Streets in 1ISanta Ana. The project shall consist of a building of approximately 1110,000 square feet. 2. The project to be jointly funded shall include construction of the Library. The cost of this project shall be divided between CITY and COUNTY, CITY to pay sixty percent (60%) of the cost, or One Hundred Fifty Thousand Dollars ($150,000), and COUNTY to pay forty percent (40%) of the cost, or One Hundred Thousand Dollars ($100,000), or a lesser amount, if CITY's cost of development after the date of agreement is decreased. In no event shall COUNTY's obligation under this Agreement exceed One Hundred Thousand Dollars ($100,000). The project does not include the cost of acquisition, planning and design services, design overhead, or all other 2. development overhead, operation and maintenance, for which CITY agrees to be responsible entirely. 3. For purposes of this Agreement, the Newhope Branch Library shall be completed no later than June 30, 1978. All funds.received under this contract shall be disbursed or encumbered on or before June 30, 1978. 4. CITY's Finance Director shall serve as Fiscal Officer with II respect to the Project. He shall maintain accounting records, including records of all receipts and disbursements, and other evidence pertaining to costs incurred, which records shall be kept available in the public records of his office for the period of this Agreement and thereafter for five (5) years from the date of final payment of COUNTY Revenue Sharing Funds. He shall make said records available to COUNTY for any purpose at any time. He shall supply quarterly progress reports to the County Administrative Office -Revenue Sharing Office until the date of final payment. 5. The Fiscal Officer shall tender invoices and documentation to COUNTY's Administrative Office -Revenue Sharing Office. COUNTY will make payments for actual expenditures upon approval of the invoices by the II Administrative Office. CITY agrees that plans and specifications shall IT be approved by the County Administrative Office -Revenue Sharing Office, I prior to any payment by COUNTY to CITY concerning this project. 6. The Fiscal Officer having charge of the funds provided by this Agreement shall, pursuant to California Government Code Section 6505.1, have filed an official bond in the amount of $100,000.00---------------: 7. CITY acknowledges that the funds being provided by COUNTY are funds received by COUNTY pursuant to the State and Local Fiscal Assistance l Act of 1972, and that expenditure of these funds must be in accordance 1with said law and regulations issued by agencies of the Federal Governments. 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 J W 0 z' zD 15 :) W 0 U U U W 16 0 Z Z It :3 0 x 17 U 0 18 19 20 21 22 23 24 25 26 27 28 7/(J 4/ 7 CITY further acknowledges that when such funds are used on any construc- tion project for which twenty-five percent (25%) or more of the costs are paid out of Revenue Sharing Funds, prevailing wages must be paid in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a-276(a) (7) and in compliance with labor standards as specified by the Department of Labor. CITY further agrees that if said funds are not expended in compliance with the Federal laws and regulations, CITY shall refund to COUNTY said sums which were improperly expended. 8. No person shall, on the grounds of race, color, national orig or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this contract. 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, as provided in the Civil Rights Act of 1964 or Title VIII, Civil Rights Act of 1968, shall also apply to any su program or activity. 9. If, upon completion of the construction of the project, surpl funds from those contributed under this Agreement remain on hand, said funds shall be returned to the parties hereto in proportion to the contributions made. 10. It is agreed by both parties that the Newhope Branch Library shall be maintained and operated by CITY in such a manner as to be available for use by all the citizens of Orange County in the same manner and to the same extent that it is available to citizens of the CITY. 4. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 J W 0 0 15 U- Z :) , 0 '0 U U - LL y w 16 LL 0 Z D 0 17 U 0 18 19 20 21 22 23 24 25 Yl 26 Cn 27 CITY agrees that said Library must be retained for library and/or community meeting purposes for the anticipated life of the building or 50 years, whichever is longer, along with a level of operation and main- tenance adequate to insure the maximum utilization of the project by the public for library and related purposes. CITY agrees that in the event that the property ceases to be used in the manner or for the purposes established in this Agreement, CITY shall repay to COUNTY the share of joint funding contributed by COUNTY hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written below. Dated: , 1977. ATTEST: JUNE ALEXANDER Clerk of the Board of Supervisors of Orange County, California ADRIAN KUYPER, COUNTY COUNSEL By Howard S�erbin, Deputy COUNTY OF ORANGE, a political subdivision of the State of California By Chairman of its Boar El of Supervisors e., Dated: & 1977. CITY OF SANTA ANA, a municipal corporation ATTEST: City Clerk APPROV S F City Attorney By Mayor 0 �1 i c;, ._•� RESOLUTION OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA March 22, 1977 On motion of Supervisor Anthony, duly seconded and carried, the following Resolution was adopted: WHEREAS, the City of Santa Ana will soon start construction of a needed branch library at Newhope and First Streets, which will provide convenient service to residents of many cities and to residents of unincorporated County areas; and' WHEREAS, the library location is surrounded by lower income residents, and the facility will provide cultural opportunities which would not otherwise be available to that population; and WHEREAS, the City of Santa Ana requires an additional $100,000 to complete this worthy project; NOW, THEREFORE, BE IT RESOLVED that this Board hereby appropriates and transfers $100,000 from the Revenue Sharing Account No. 1221-420- 001-900-ZV to the City of Santa Ana Branch Library Project Account No. 1221-310-615-152-OG. AYES: SUPERVISORS PHILIP L. ANTHONY, RALPH A. DIEDRICH, LAURENCE J. SCHMIT, RALPH B. CLARK, AND THOMAS F. RILEY NOES: SUPERVISORS NONE ABSENT: SUPERVISORS NONE Resolution No. 77-441 Rev. Shar. - City of Santa Ana Newhope Branch Library 1. STATE OF CALIFORNIA ) ss COUNTY OF ORANGE I, JUNE ALEXANDER, Clerk of the Board of Supervisors of Orange County, California, hereby certify that the above and foregoing Resolution was duly and regularly adopted by the said Board at a regular meeting thereof held on the 22nd day of March , 1977 , and passed by a unanimous vote of said Board IN WITNESS WHEREOF, I have hereunto set my hand and seal this 22ndday of March , 1977 i fD. JUNA AL XANDER Clerk of the Board: of Super -visors of Oranc�. CogntX, California 2.