HomeMy WebLinkAboutA-2003-194
,f,
( PHO,JECT:
City of Santa Ana
Centennial Park
A~ ';<003 - Jq4
AGREEMENT No, 003-047
1
2
AGREEMENT FOR
3
FINANCIAL ASSISTANCE
4
THIS AGREEMENT, for purposes of identification hereby dated the g.tV\
day of
5
J\,\N"t..-
1 2004, is
6
BY AND BETWEEN
The City of Santa Ana, a charter city and
7
municipal corporation, hereinafter referred
8
to as "CITY"
9
AND
The County of Orange, a subdivision of the
10
State of California, hereinafter referred to
11
as "COUNTY".
12
CITY and COUNTY are sometimes referred to as the "parties" and individually as the
13
"party".
14
RECITALS
15
WHEREAS, CITY and COUNTY entered into an AGR8EMENT dated January 14, 1976, and
16
subsequently executed amendments, thereto, dated February 27, 1979 and January 11,
17
1983, respectively, concerning the joint development, maintenance and operation of
18
Centennial Park, hereinafter referred to as the "ORIGINAL AGREEMENT" for the joint
19
development and operation of Centennial Park (the "Park")¡ and
20
WHEREAS, COUNTY through its Harbors, Beaches and Parks Fund 405 completed the
21
development of "Phase If! park improvements in 1979 at a cost of $5 million¡ and
22
WHEREAS, the CITY owns the park land and has operated Centennial Park since ]979
23
with the COUNTY reimbursing the CITY fifty percent (50%) of the net annual operations
24
and maintenance costs, thereof, at a cumulative additional cost of $4.9 million¡ and
25
WHEREAS, due to changing circumstances in the use and operations of the Park,
26
both CITY and COUNTY desire to terminate the Original Agreement and replace it with
1
, t..
"
I.
PROJECT,
City of Santa Ana
Centennial Park
AGREEMEN~ No. 003-047
1
this AGHEEMENT which will provide for phase~out of COUNTY'S annual reimbursement to
2
CITY over a three (3) year period and will immediately permit the CITY greater
3
flexibility in the use and operation of the Park; and
4
WHEREAS, CI~Y and COUNTY propose under this AGRE~MEN~ that COUNTY would
5
contribute a fixed amount of $230,OUO for three years for a cumulative maximum toLal
6
amount of $690,000, which would provide up to $375,000 to defray the Park's operations
7
and maintenance costs, and the remaining would be utilized by CITY for local park
8
development, which shall hereinafter be referred to as "PROJECT", costs.
9
NOW, THEREFORE, CITY and COUNTY do hereby agree to the fallowing terms and
10
conditions for financial assistance to the operations and maintenance of the Park.
11
1, RECITALS
12
The Recitals set forth above are true and correct; are a material part of this
13
lI.GREEMEN'l', and are incorporated herein by this reference,
14
2. TIME
15
Time is of the essence in this AGREEMENT.
16
3. EFFECT OF AGREEMENT
17
This AGREEMENT supercedcs the ORIGINAL AGREEMENT, and the ORIGINAL AGREEMENT shall be
18
terminated and of 00 further force and effect upon full execution of this AGREEMENT.
19
This AGREEMENT fully expresses all understanding of the parties and is the total
20
AGREEMENT between the parties as to the subject matter of this AGREEMENT.
No material
21
addition to or alteration of the Lerms of this AGREEMENT, whether written or verbal,
22
by the parties, their officers, agents or employees, shall be valid unless in the form
23
of a written amendment to this AGREEMENT, and is formally approved and executed by all
24
parties,
25
26
2
.',.
.
PROJECT:
City of Santa Ana
Centennial Park
AGREEMENT No. 003-047
1
4, PARTIES
2
a,
CITY hereby designates its Executive Director of Parks, Recreation and
3
Community Services, or his/her designee, to be the liaison for all mattel.'S in regard
4
to this AGREEMENT, who shall be authori~ed to manage, coordinate and assure proper
5
implementation of services and activities specified herein.
6
b,
COUNTY hereby designates its Director of Resources and Development
7
Management Department/Harbors, Beaches and Parks, or his/her designee, hereinafter
8
referred to as "IIBP Director",
to be the COUNTY'S liaison for all matters in regards
9
to this AGREEMENT, who shall be authorized to manage, coordinate and assure proper
10
implementation of services and activities specified herein.
11
5. PROJECT
12
a,
PROJECT shall consist solely of the improvements described and illustrated
13
more specifically in the accompanying scope of work, site plan, construction values
14
and time schedule entitled Exhibit "A", attached hereto and by this reference, made a
15
part thereof.
16
b,
PROJECT is located within the incorporated territory of CITY.
17
6 . PERFORMANCE
18
a.
It is recognized thal all land and improvements at Centennial Park are and
19
~hall remain the property of the CITY.
The CITY need not obtain any prior approval
20
of the COUNTY for any licenses or leases it may enter into related to the Park,
21
provided that any revenue received by the CITY from such licenses or Jeases shall be
22
considered revenue subject to the provisions of 6.b., below, provided that nothing
23
herein shall be construed to require the CITY to impute any revenue or value for uses
24
unless actual revenue is generated and received.
Additionally, any costs or fees the
25
CITY incurred for joint use of any facilities constructed in Park under such license
26
or leases may be included in opera ling expenses included in 6.b. below,
3
..
.'. I
.'1 PROJECT:
City of Santa Ana
Centennial Park
AGREEMENT No. D03-047
1
b,
CITY shall credit annually all fees, leases and other revenues collected
2
within or from operations and uses allowed within Centennial Park against the total
3
expenses.
In doing so the CITY will include as revenue the amount of $56,087 annually
4
related to the use of the existing fire training facility by the Rancho Santiago
5
Community College District.
6
c,
The CITY shall also provide a statement of uses, programs and attendance at
7
Centennial. Park as well as any other records requested by COUNTY to enable HBP
8
Director to determine the net cost after all revenues and credits are recogni~ed for
9
the operations and maintenance of Centennial Park that would be reimbursable by COUNTY
10
undeL' the terms of this AGREEMENT.
11
d,
CITY shall corrunence PROJECT construction by June 30, 2005, and shall
12
complete said construction on or about June 30, 2006, subject to extension reasonably
13
approved by the HBP Uirector, but not to exceed one year, or to a later date by
14
AMENDMENT to this AGREEMENT.
The period for completion as set forth herein however
15
shall be extended by the period that completion is delayed by acts otherwise outside
16
the control of the CITY.
17
7. ADMINISTRATION
18
a,
CITY shall have the sole responsibility for the ownership, operations and
19
maintenance of Centennial Park. CITY shall at all times during the term of this
20
AGREEMENT keep or cause to be kept true and complete books, records and accounts of
21
all financial expendilures and revenues pertaining to the operations, maintenance and
22
uses in Centennial Park.
All records must be supported by source documents, such as
23
cash register receipts, cash register tapes, purchase invoices, cancelled checks, or
24
other pertinent documents.
25
26
4
"..-
PROJECT,
City of Santa Ana
Centennial Park
AGHEEMENT No. 003-047
1
b,
CITY shall annually invoice for the lesser of:
(1) amounts specified in
2
paragrùph 8 ("Maximum Maintenanc.;e Obligation")below for each corresponding fiscal year
3
lhis AGREEMENT is in effect, or (ii) fifty percent (50%) of CITY'S actual net cost to
4
operate and maintain Centennial Park with all revenues to be netted against costs as
5
described in paragraph 6 ("Performance") above.
All invoices shall be subject to the
6
routine proce~sing requirements of the COUNTY'S Auditor-Controller.
CITY shall permit
7
COUNTY TO review records relating Lo Centennial Park expenditures and revenues.
8
Records shall be retained and made available to COUNTY for review for a minimum of
9
three (3) years after the termination of this AGREEMENT.
The COUNTY shall provide the
10
CITY with reasonable notice of intent to exerci~e such access rights.
11
c,
COUNTY shall remit the Maintenance Amount, plus the difference between that
12
amount and the County Financial Contribution (set forth in Paragraph 8) ("Project
13
Contribution" )
for each
fiscal year below within sixty (60) days upon receipt and
14
approval by the HBP Director, or designee, of CITY'S invoice and documentation
15
required for funding assistance.
The timeline for all such remittances however is
16
subject to the COUNTY'S Auditor-Controller's routine processing requirements.
17
d,
CITY shall upon annual receipL of the Project Contribution deposit such
18
amounts from COUNTY into a separate fund established for purposes of accounting for
19
such cumulative funding.
The title of such fund shall be "Patricia Lane Park
20
Accumulated Capital Outlay Fund" to which said funds shall be deposited.
CI'rY agrees
21
that all deposits and interest received shall be used exclusively for the purposes of
22
developing PROJECT improvements.
23
e,
CITY shall comply with all terms and services required under this AGREEMENT
24
within the context of the Califonlia Environmental Quality Act ("CEQA") of 1970 as
25
amended for PROJECT.
26
5
-'".
.'
"
PRÇJJECT:
City of Santa Ana
Centennial Park
AGREEMENT No. 003-047
1
f.
CITY shall provide management of, and staff assistance for,
PROJECT,
2 including
3 accomplish
4 to COUNTY.
all necessary public agency approvals, licenses and permits and shall
all approvals, licenses and permits in connection with PROJECT at no cost
5
g,
CITY shall complete PROJECT construction on or about June 30, 2006, as
6
specified in ParagrFlph 5 ("PERFORMANCE").
7
8. COUNTY FINANCIAL OBLIGATION
8
d,
In Fiscal Years 03-04, 04-05, 05-06, COUNTY shall annually budget $230,000
9
for:
(A) contribution toward CITY'S net cost ot operating and maintaining Centennial
10
Park
("Maintenance Contribution"),
and (B) local park development ("Project
11
ContributionU)in the below amounts for each corresponding fiscal year, pertaining to
12
costs incurred and revenues attributed to the preceding fiscal year.
Notwithstanding
13
the provisions of Section 6, above, the following amounts shall be the maximum
14
maintenance contribution obligation for each respective fiscal year and will be
15
distributed each year as specified in paragraph 7 ("Administration") above that this
16
AGREEMENT is in effect. The balance between each year's maximum maintenance
17
contribution and $230,000 shall be paid as Project Contribution.
18
Fiscal YQar
Maximum Maintenance Contribution
19
FY 03-04
$150,000
20
FY 04-05
$125,000
21
FY 05-06
$100,000
22
Totals
$3"15,000
23
b,
COUNTY'S HBP DirectoL-, or his/her assigned designee, ~hall have the
24
authority to make adjustments to this AGREEMENT, with the concurrence of the CITY, as
25
deemed necessary in oL-der to advance the purpose of this AGREEMENT, provided that such
26
action does not in the aggregate exceed the total amount of financial assistance
6
,,'
, "
PROJECT:
City of Santa Ana
Centennial Park
AGREEMENT No. D03-047
specified in sub-paragraph "au, above, unless approved by the BoaLd of
2
Supervisors.
3
9, NOTICES
4
a. Notices or other communications which may be required or provided under the
5
terms of this AGREEMENT shall be given as follows:
6
7
8
9
10
11
12
13
14
15
16
17 b.
COUNTY:
CITY:
INVOICES:
Director, Harbors, Beaches and Parks
Resources and Development Management
County of Orange
P. O. Box 4048
Santa Ana, CA 92702-4048
FAX No, 714-834-4744
Department
Executive Director
Parks, Recreation and Community Services
City of Santa Ana
P. O. Box 1988
Santa 1\na, CA 92c/02
FAX No, 714-647-5622
Chief, Purchasing and Contracts
Resources and Development Management
County of Orange
P. O. Box 4048
Santa Anal CA 92702-4048
Department
18
All notices shall be deemed effective when in wriLing and delivered in
peL"~on or deposited in the United States of America mail,
19
and addre~sed as above.
20
first class postage, prepaid
Notwithstanding the above, the COUNTY and CITY may also
provide notices by facsimile transmittal, and any such notices, correspondence,
21
reports and/or statement~ authorized or required by this AGREEMENT, addressed in any
22
other fashion shall be deemed not given.
The parties hereto may change the addresses
23
to which notices are to be sent by giving notices of such change to the other party.
24
10,
INDEMNIFICATION
25
Neither COUNTY nor any officer or employee thereof shall be respon~ible for any damage
26
or liability occurring by reason of anything done or omitted to be done by CITY under
7
16 13,
17
18
19
20
21 III
22 III
23 III
24
25
26
.. I
,
PROJECT:
City of Santa Ana
Centennial Park
AGREEMENT No. D03-047
1
or in
connection with any work, authority, or jurisdiction delegated to CITY under
2
this AGREEMENT.
It is also understood and agreed that pursuant La Government Code
3
Section 895.4, CITY shall fully indemnify, defend and hold COUNTY harmless from any
4
liability imposed for injury (as d~fined by Government Code Section 810.8) by reason
5
of anything done or omitted to be done by CITY under this AGREEMENT.
6
11.
TERM OF AGREEMENT
7
The term of this AGREEMENT shall he for three (3) years beginning Ju]y 1, 2003, or as
8
soon thereafler as it is fully executed by both Parties, and extending through June
9
30, 2006, or such later extension in order for CITY to complete PROJECT construction
10
as provided for in paragraph 6.d ("PerformanceN)o.bove.
11
12.
VENUE
12
The parties hereto agree that this AGREEMENT has been negotiated and executed in the
13
State of California and shall be governed by and construed under the laws of
14
California.
the parties hereto specifically agree to waive any and all
Furthermore,
15
rights to request that an action be transferred [or trial to another county.
EXHIBIT A:
Scope of Work
Construction Values
Project Schedule
Site Map
8
. ",[
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
4
5
6
7
8
9
PROJECT:
City of Santa Ana
Centennial Park
1
AGREEMENT No. U03-047
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the
2
dates opposite their respective signatures:
3
DATE:
DATE:
I\TTEST:
PATRICIA
CLERK OF
A, HEALY
THE COUNCIL
,v~.:,~ .
SIGN, AND CERTIFIED THAT A COP
OF THIS aCUMENT HAS BEEN
DELIVERED THE CHAIRMAN 0
GOARD
. Bloom
Clerk f the Board of Supervis
Of range County, California
COUNTY OF ORANGE, a subdivision
of The State of California
B
eg ctor
s and Development
Management Department
CITY OF Santa Ana, a charter
city and municipal corporation
By:
a~ÛìaA-
David N. Ream City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
CITY ATTORNEY
"'~: (¡~
I ()1 nrt '. ~"77
APPROVF.D AS TO FORM:
BENJAMIN P. DEMAYO, COUNTY
COUNSEL
ORANGE COUNTY, CALIFORNIA
9
.
,
i
PATRICIA LANE PARK
Patricia Lane Park is located on a I-acre site in the northeast area of the city, adjacent to the 1-5
freeway at Patricia Lane and 6th Street. The property is made up of9 residential parcels, acquired by
CalTrans for the widening of the 1-5 freeway. The remaining portion of the property has been
declared surplus by CalTrans and the community requested the city acquire the property for a passive
park site to serve the immediate area. Over 10 community meetings were held with residents to obtain
input on the park design. The city was successful in obtaining a Transportation Enhancement
Activities Grant for acquisition of 8 parcels of the property and to construct a passive park of
landscaping (trees/shrubs/turf), inigation, concrete walk, fencing, park benches, etc. , The
Transportation Enhancement Activities Grant will not pay for any recreational features in the park.
City funds will be used to purchase the 9th parcel (one lot) to construct the playground area. Additional
funds are needed to complete the park with the construct of playground equipment area, the shade
structure and additional park benches,
SCOPE OF WORK
County funding, with additional city funds, will enable the city to complete the new park site with the
installation of the required playground area, including play equipment, sand, rubber surfacing, concrete
curbing, shade shelter and park benches. The scope of work will include grading, irrigation,
landscaping and construction of the above items,
CONSTRUCTION VALUES
ITEM
ESTIMATE
I. Grading
2. Concrete Curbing/walk
3. InigationlLandscape (around play area only)
4. Play Equipment
5. Sand
6, Rubber surfacing
7, Shade Structure
8, Park benches
Total
$ 5,000
$ 20,000
$ 10,000
$150,000
$ 30,000
$ 50,000
$ 50,000
$ 8.000
$323,000
(EXHIBIT A)
.
.
PROJECT SCHEDULE
I, Design/Construction documents
2, Plan checking
3, Bid Process
4. Construction
6 months
3 months
4 months
9 months
Total
22 months
SITE PLAN
See Attachment
.
".,' - .:
.
.
...
//
.'
/
,./'
J f I
I Ijl
If II .Ii
,
~I
~
I' II
: i!i
. -Ð'
:s
.
, ~
,
I
Iff
Jill!
II I f
,
f B
! J
on
¡] :)
jl ) t
I I,
I J "
, II
¡ J III
.
,
.
.
'. If
'" ¡'
It
, ~'
,
ORANGE COUNTY BOARD OF SUPERVISORS
MINUTE ORDER
June 08, 2004
Submininfl Aflencv/Devartment: RESOURCES AND DEVELOPMENT MANAGEMENT DEPARTMENT
Approve agreement D03-047 with Santa Ana for phase-out of County's annual reimbursement to city for operations and
maintenance of Centennial Park. District 1 (4/5 vote)
ThsJollowt.ng Is a.,tion taken by the Board oJ Supervisors:
APPROVED AS RECOMMENDED 0 OTHER 181
APPROVED AS RECOMMENDED, WITH THE UNDERSTANDING THAT THE COST NOT EXCEED $315,000
Unanimous 181 (I) SMITH: Y (2) SILVA: Y (3) CAMPBELL: Y (4) NORBY: Y (5) WILSON: Y
Vote Key: Y~Yes; N=No; A=Abstain; X=Excused; B,Q.=Board Order
Documents accompanying this matter:
0 Resolution(s)
0 Ordinances(s)
0 Contract(s)
Item No, 80
.
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 Cali fomi a.
DARLENE J. BLOOM, Clerk of the Bo
,1
By:
Deputy