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HomeMy WebLinkAboutORANGE, COUNTY OF (62)I JLC:ar 4/22/77 � , MODIFICATION OF REVENUE SHARING AGREEMENT 9/ THIS AGREEMENT, made and entered into this 1977, by and between the City day of 4 of Cal - I the corporation 0 State 11 _� of Santa Anal a municipal ITY 11 and County Of ifornia, hereinafter referred to as "C Orange, a political division of the State of California, hereinafter referred to as "COUNTY," W I I a I t S� K T H 1zecii:i_ talcs a written i. CITY and COUNTY made and entered into herein called "original agreement" revenue sharing agreement, on February 5, 1974, which is marked Exhibit A and attached hereto and by this reference incorporated herein- 2. Due to unduly high construction bids it became the plans and specifications 05 said necessary to modify original agreement, and in order to effectuate a payout of the encumbered funds it is necessary that said original agreement reflect said changes- funds. 3. Said changes do not require additional WHEREFORE, in consideration of their mutual cOv- contained, and subject enants and agreements hereinafter to the terms and conditions hereof, the parties hereto do hereby agree as follows: I The second recital in said original agreement is hereby modified to read as follows: requested that one WHER EAS, 'BAS, CITY has of said revenue sharing and matching fund projects be the development of additional recreational facilities for Lowell School and that funds shall be used to purchase and install two (2) backstops, benches, irrigation system, turfing, a footbridge concrete walk, special concrete paving (creek), concrete benches (amphitheater), grading, park sign, and chain link fencing. ii Paragraph II of said original agreement is hereby modified by adding an additional paragraph thereto which reads as follows: The development of the recreational facilities for Lowell School shall include the purchase and installation of two (2) backstops, benches, irrigation system, turfing, a footbridge concrete walk, special concrete paving (creek), concrete benches (amphitheater), grading, park sign and chain link fencing. III Except as specifically modified hereby, all of the terms, conditions and covenants of said original agree- ment shall remain in full force and effect, and the parties shall continue to benefit from and be bound thereby. IN WITNESS WHEREOF, the parties hereto have -2- shall continue to benefit from and be bound thereby. IN WITNESS WHEREOF, the parties hereto have ex- ecuted this agreement 1- day and vear first above written. ATTEST: J&-,�-LJ CITY OF SNTA ANA, a munici- pal corp o-ation ATTEST: FLORENCE 1� MALQNE� MAYOR �CLERY �OF COUNCIL APPROVED AS TO FORM: KEITH L. GOW CITY ATTORNEY APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL DEPUTY -3- Z "IT 7 GREEN REVENUE'SITsRING AGREEKCNT 0�f Z THIS AGREEMENT made and entered into thisclay _y 197�1, by and between the, CITY OF SM\1TA JANA, a. chartered municipal corporation, hereinafter referred to as "CITY" and the COUNTY OF OPANGE, a division of the State of California, hereinafter refer- red to as "COU.=L" - W I TN E S S E T H WHEREAS, COUNTY has agreed to share some of its general revenue sharing funds with cities, service areas, and Park and Recrea- tion Districts; and WHEREAS, the CITY has requested that one of these revenue sharing and matching fund projects be the development of additional recreational facilities for Lowell School and that the funds shall be used to purchase and install three (3) backstops, various play- ground equipment, benches, irrigation system an. turfing; and 14HEPXAS, Lowell School is a recreational facility serving a one tbousand foot block radius in the west central area of Santa Pna with an approximate population of.2,400 people; and PrA c 'CITY has adopted. the General Plan Program of the City, page 16, technical workbook 4 Facilities plans/Implementations IT A eby the minimal park requirements are two acres praposaL, wher per one thousand Population; and gg, CITY has further delineated park and recreation lands . and facilities in its General Plan,•page 19, workboo',� 4, existing and proposed: NO+d, THEREFORE. FOR A�� INCON 5iDERATTON OF TI-`M�' 1vJF:L PROMISES, -COVE,,-ANTS AN, D CONDITIONS. HE REIl -FTER SET FORTH. TEE PART IES gERETO AGREE AS FOLLOWS .- 11tScisoal is located at 915 west Richland, Santa Ana, Lowe California_ ii Theparties hereto agree that the cost of develop ent for recrea project site described in tional use of the Revenue Sharing h I above shall be equally divided bet.reen t17ie CITY .. •paragra p 50i., o _ and the C{3�7N'�: Y and the CITY shall pay �f the project cost, - - . - vrith a ceiling price of Twelve Thousand Five Hundred Dollars 50/ of the project cost, and the COUNTY shall•pay . .5aOi lesser or Twelve Thousand Five Hundred -Dollars E$12 or a amount, i€•the CITY'S cost of development after the date of . CITY shall be responsible for the cost the agreement decreases such costs are not to b� of overhead, operation and maintenance; a zeement. Monthly payments by included in this joint funding g the COUNTY. co n�encing rom October based on actual erpenditutes, upon tender of invoices and proper 5,.1973 shall be made documentation accounting and with the )proval of the County Administrative Office. III The CITY'S source of funds for its share of the project cost is derived from its participation in the Federal Revenue Sharing Program. IV For the purpose of this agreement Lowell School shall be com-' pleted no later than June 30, 1975 and all funds received under this contract shall be disbursed or encumbered on or before that date. J. j V CITY shall -maintain proper accounting records and procedures 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 five (5) years from the date of final payment of county revenue sharing funds and shall make said"re- cords 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 specifications shall be approved by the COUNTY prior to advertising for bids. 3 Vil The CITY acknowledges that -.funds being provided by COUNTY wr.e_ funds received by the, County -of Orange pursuant. ta_ the state_sznd_locai Fscal:.�tss2.stance_-Act of_ 1.9.72.-��xblic_ I;aEa 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%1^or more of the costs are paid out ofrevenuefunds, prevailing wages must be paid -in accordance with the Davis -Bacon Act, as amended, 40 U,S,C. 276(a) and 276(a%C711and in compliance with labor standards as specified by the Secretary of I,a'or. CITY further ac•rees that any federal- Xunds whiCE are expended' i.mproperI.y by the, CITY shall be refunded to the COUNTY.T- - Vill 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 be subject to discrimination under, any program or activity funded in whole or in part.with funds made available=under this . =-- __:._ -a•-_: �: ors___ �=se-o�=_ : � ��_._= -_- ---`-- -- - = _ - - - _.. CITY agrees the projects- uiiaer Chas program muses iie' regained far"-publ-ic parks,- recreation= or. -open = _space burposes; along tritlr=tYie- ievel of=vperation and maintenance adequate to insure the maximun utilization of the project by 4 the public for recreation purposes and th-at.the use of the property shall be granted to all residents Of the County on the same conditions that residents of CITY use the . property ' andthatif the property ceases to be used f6rsaid purpose by CITY, CITY shall repay to I COUNTY the sums contributed by the County hereunder, Ili WITNESS IMEREOF the parties hereto have executed this Agreement this day and year first above'1,7-ritten. ATTEST: VALLIAM I- ST JO'4N Clerk of—tile1-6=rd of Supe—risOrs I)er)u' tv APPROVED AS TO FORM: ATTEST: 5 COUNT OF ORANGE P')F ORANGE F SUPERV��ORS BOA I'S :1 , Cha�xman THIS IS A OF THE ORIGI'V.' FILED IN THE OFFICE OF THE CLLRK. CITY OF 5,hNTA ;kNA, a y.,junicipal corporation I RESOLUTION OF THE DOARD OF SUPERVISORS OF _2 •1 ORANGE COUNTY, CALIFORNIA 3 February 5, 1974 + - 4 S On motion of Supervisor Caspers, duly seconded and carried, the G following Resolution was adopted: 7 BE IT RESOLVED that the Chairman of this Board is hereby authorize 8 to, execute the Revenue Sharing Agreement dated February 5, 1974, between 9 the County of Orange and the City of Santa Ana for the developmcnt of to Lowell Park in the sum of $12,500, and the Clerk of this Board is directed 11 to attest to 'same. 22 13 14 : 15 ,o �Y .Y 16 02 00 17 r 18 19 20 AYES: SUPERVISORS RONALD W. CASPERS, RALPH B. CLARK, R. W. BATTIN, DAVID L. BAKER AND RALPH A. DIEDRICH 21 NOES: SUPERVISORS NONE 22 ABSENT: SUPERVISORS NONE 23 24 STATE OF CALIFORNIA ) ) ss. 25 COUNTY OF ORANGE ) 26 I, WILLIAM E. ST JOHN, County Clerk.and ex-officio Clerk of the Board of Supervisors of Orange County, California, hereby certify 27 the above and foregoing Resolution was duly and regularly adopted b­ -tie said Board at a regular meeting thereof held on the 5th day of 26 Ecnruary , 19_7.L , and -paused by a unanimous vot_ of 29 'r IN WITNESS WHEREOF, I have her eunto'8et tiy,h6lid.'.and- seal this 3D T„th day Df February 1t3,74 =� t .� .,' 31 ::.IL?WILLIAM E. ST jb9N County -"Clerk and ex-officio Clerk 32 Resolution No. 74-170 of the:toard of Supervisors of ':im Agreement/Revenue. Sharing Orange County, California Development of Lowell Park `' :'`.• n 2 1 Santa Ana -. c�.'••. �� Deputy MINUTES EXCERPT OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALIFORNIA MEETING DATE: June 6, 1977 COUNCIL MEMBERS PRESENT: Bricken, Ortiz, Yamamoto, Brandt, Ward, Garthe, Evans ACTION TAKEN: CONSENT CALENDAR On the unanimously STAFF RECOMMENDATIONS approved 7:0 motion APPROVED of Councilman Garthe, seconded by Councilman Bricken, Council approved the recommendations of Staff on the following Consent Calendar Items: AGREEMENTS Approved the following agreements and authorized their execution by Mayor and Clerk: ANIMAL SHELTER SERVICES - Between City and County to extend the term of the agreement for one year commencing July 1, 1977, and terminating June 30, 1978. A-77-54 MAJOR DIVERSION PROJECT - Amendment to Agreement between City and County extending Project for three months, subject to project period being extended by LEAA (Law Enforcement Assistance Administration). A-77-57 LOWELL PARK REVENUE SHARING - Modification of Agreement between City and County to permit City to recover its outstanding revenue sharing funds. A-77-58 EDNA PARK REVENUE SHARING - Modification of Agree- ment between City and County to permit City to recover its outstanding revenue sharing funds. A-77-59 SENIOR CENTER TRANSPORTATION SERVICES REVENUE SHARING - 1) Amendment to Agreement between City and County to provide for City administration of transportation services program; 2) between A-77-60 City and Rehabilitation Institute of Orange County (RIO) for the transportation services. A-77-61 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SANTA ANA ) I, FLORENCE I. MALONE, Clerk of the Council of the City of Santa Ana, California, hereby certify the foregoing to be'a full, true and cor- rect copy of the minute entry on record in this office. IN WITNESS WHEREOF, I have hereunto set my hand and seal this loth day of June , 1977 FLORENCE L MALONE FLORENCE I. MALONE ` CLERK OF THE COUNCIL CITY OF SANTA ANA