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HomeMy WebLinkAbout25F - CHEPA'S LOGAN PARK APR ADJ-AGMTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2008 TITLE: AGREEMENT AND APPROPRIATION ADJUSTMENT FOR COUNTY OF ORANGE CONTRIBUTION TO CHEPA'S (LOGAN) PARK (PROJECT 6351) CI Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute the attached agreement with the County of Orange in the amount of $5,000 for a swing set at Chepa's (Logan) Park, subject to non-substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation Recreation Special Fees and and appropriating same to expenditure account (no. (Logan) Park. DISCUSSION adjustment recognizing $5,000 in the Donations revenue account (no. 22-01-5798) the Recreation Special Fees and Donations 22-231-6631) for a swing set at Chepa's The County Board of Supervisors approved an agreement between the County of Orange and the City of Santa Ana on December 18, 2007 allocating $5,000 to the City of Santa Ana for the purchase of a two-seat swing set at Chepa's (Logan) Park. In addition to the installation of the swing set, the project entails the relocation of the existing playground equipment, an enlargement of the playground area to accommodate the swing set, and the installation of rubberized surfacing to improve handicap accessibility. 25F-1 Agreement and Appropriation Adjustment for County of Orange Contribution to Chepa's Park February 4, 2008 Page 2 FISCAL IMPACT The appropriation adjustment will enhance the Recreation Special Fees and Donations revenue account (no. 22-01-5798) expenditure account (no. 22- 231-6631) by $5,000. APPROVED AS TO FUNDS AND ACCOUNT: Gerardo Moue , Executive Director Parks, Recreation and Community Services Agency Francisco Gutierrez, Executive Director Finance and Management Services1~ Agency 25F-2 AGREEMENT BETWEEN COUNTY OF ORANGE AND CITY OF SANTA ANA TO FUND LOGAN PARK SWING SET This Agreement to fund the purchase of a swing set and construction materials to secure the swing set at Logan Park, Santa Ana, CA (hereinafter "Agreement"), is made and entered into this day of , 2007, by and between the County of Orange, a political subdivision of the State of California, hereinafter referred to as "COUNTY," and the City of Santa Ana, hereinafter referred to as "CITY," with a place of business located at 20 Civic Center Plaza, Santa Ana, California 92702. COUNTY and CITY are sometimes referred to herein as "party" or collectively as "parties." RECITALS WHEREAS, COUNTY, by Minute Order dated December 18, 2007 a copy of which is on file with the Clerk of the Board of Supervisors of Orange County and which by this reference is incorporated herein and made a part of hereof as if fully set forth, has determined, pursuant to Government Code Section 26227, to expend a portion of its general funds in the amount of $5,000 (hereinafter "the funds") for use by CITY between December 19, 2007 and December 31, 2008 toward the purchase of a swing set and construction materials to secure the swing set at Logan Park, Santa Ana, CA, hereinafter referred to as "project." WHEREAS, said project meets the social needs of the population of Orange County. THEREFORE, in consideration of the mutual promises, covenants, and conditions hereinafter set forth, the parties agree as follows: 1. EFFECTIVE PERIOD -TERMINATION DATE The effective period of this Agreement shall be the period beginning December 19, 2007 and ending December 31, 2008 subject to the provisions of Section 14 of this Agreement. CITY agrees that the funds received under this Agreement shall be disbursed or encumbered on or before December 31, 2008 and that any and all funds remaining as of 1 25F-3 January 1, 2009, which have not been disbursed or encumbered shall be returned by CITY to COUNTY. No expense of CITY will be reimbursed by COUNTY if incurred after December 31, 2008. 2. PROJECT PROPOSAL CITY agrees to comply with all provisions set forth in this Agreement for use of the funds in a professional, timely and diligent manner. The parties hereto agree that concerning matters not specifically contained within the body of this Agreement, the COUNTY's determinations will be final and the COUNTY will control the use of the funds. CITY agrees that the funds will be used toward the purchase of a swing set and construction materials to secure the swing set at Logan Park, Santa Ana, CA between December 19, 2007 and December 31, 2008. Notwithstanding Section 1 herein, CITY agrees to use any real or personal property or equipment that is acquired or improved with the funds for its entire useful life for the purposes, as described herein, for which the funds were granted to CITY by COUNTY. CITY agrees to notify COUNTY promptly if it ceases to use such property or equipment for the purposes described herein at any time before the end of its useful life. CITY agrees to properly maintain, repair and keep in good working order all such property or equipment. CITY warrants that it will obtain and keep in full force and effect, during the term of this agreement and for the useful life of any real or personal property or equipment constructed, acquired or improved with the funds, all permits, licenses or other governmental approvals required for the project and for any services provided in or with property or equipment constructed, acquired or improved with the funds. CITY further agrees that lack of compliance constitutes grounds for COUNTY to pursue the remedies set forth in Section 14 of this Agreement and to reduce the level of payment that otherwise would be provided under Section 6 of the Agreement. Such reduction shall occur only as a result of action of the COUNTY Board of Supervisors. Before such reduction may be made, COUNTY shall provide CITY with at least ten (10) days written notice of the proposed reduction and of the time and place where the Board of Supervisors shall consider the reduction. 2 25F-4 3. MODIFICATION OF AGREEMENT TERMS The parties hereto agree that the terms agreed upon in Section 2 may be modified so long as the amount of the total grant is not increased or reduced and the basic goals and objectives of the project are not altered. However, no such modification shall be made without the prior written approval of the County Executive Officer or his designee. 4. MAXIMUM UTILIZATION AND ACCESS TO RESIDENTS CITY agrees that its level of operation will be adequate to ensure maximum utilization by the public of the property, equipment, programs and/or services funded by this Agreement and that an opportunity to use and enjoy said property, equipment, programs and/or services shall be granted to all residents of the COUNTY on the same conditions under which the residents of the target area may use and enjoy it. 5. EVALUATION CITY agrees and understands that evaluation is an essential condition to this Agreement and that COUNTY will evaluate CITY in accordance with this Agreement. The parties hereto agree that at any time, and for any purpose, the County Executive Officer, or his designee, may call for an Evaluation to be conducted. 6. PAYMENTS BY COUNTY Upon the effective date of this Agreement, COUNTY agrees to make periodic payments to CITY upon receipt of invoice(s) from CITY showing actual amounts expended by CITY for the project, or CITY may invoice County upon receipt of invoice from service provider for approved project expenses as identified in Section 2. Total payment hereunder shall be limited to $5,000. 7. CONFLICT OF INTEREST CITY agrees and understands that COUNTY's funds shall not be used by CITY to pay or reimburse any staff person or consultant who is a member or officer of the City Council or other official governing body of CITY. 8. ACCESS AND RECORDS Unless otherwise agreed in writing by the County Executive Officer, or designee, CITY shall maintain separate accounting records for all funds received from COUNTY under this Agreement. All accounting records and evidence pertaining to all costs of CITY shall be kept available at CITY's office or place of business during duration of this Agreement and 3 25F-5 thereafter for a period not less than five (5) years. CITY shall make all of its records available to COUNTY upon request during regular business hours for the purpose of evaluation or auditing and shall furnish clerical assistance for these purposes to COUNTY as required. CITY agrees to implement all accounting and/or record-keeping recommendations made by COUNTY. In the event CITY does not make its books and financial records available to COUNTY, CITY agrees to pay all necessary and reasonable expenses, including attorney's fees, incurred by COUNTY in obtaining the records and conducting an audit or evaluation. 9. INDEMNIFICATION AND INSURANCE CITY agrees to indemnify, defend with counsel approved in writing by COUNTY, and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special districts and agencies for which COUNTY'S Board of Supervisors acts as the governing Board ("COUNTY INDEMNITEES") harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the performance provided by CITY pursuant to this Agreement. If judgment is entered against CITY and COUNTY by a court of competent jurisdiction because of the concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CITY and COUNTY agree that liability will be apportioned as determined by the court or jury. CITY certifies that it has insurance coverage or self-insurance that is adequate to cover all risks associated with the project. If it has insurance covering the project, CITY will add COUNTY as an additional insured. 10. INDEPENDENT CONTRACTOR CITY shall be considered an independent contractor and neither its employees nor subcontractors, agents or anyone else working under or on behalf of CITY shall be considered an agent or an employee of COUNTY. Further, neither CITY's employees nor subcontractors, agents or anyone else working under or on behalf of CITY shall qualify for workers' compensation or other fringe benefits of any kind through COUNTY. 11. ASSIGNMENT OR SUBCONTRACTING The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the parties. Furthermore, 4 25F-6 neither the performance of this Agreement nor any portion thereof may be assigned or sub- contracted by CITY without the express written consent of COUNTY. Any attempt by CITY to assign or sub-contract the performance or any portion thereof of this Agreement without the express written consent of COUNTY shall be invalid and shall constitute a breach of this Agreement. 12. NON-DISCRIMINATION CITY shall not unlawfully discriminate in any way with respect to performance of this Agreement, on the basis of race, religion, gender, sexual orientation, age, national origin, ancestry, medical condition, or physical or mental disability in violation of any applicable State or federal law or regulation, including but not limited to the federal Age Discrimination Act of 1975, Section 504 of the federal Rehabilitation Act of 1973, the Americans with Disabilities Act., the federal Civil Rights Act of 1964, Title VII of the federal Civil Rights Act of 1968, California Government Code section 11135 et seq., and the Unruh Civil Rights Act, as those acts may have been amended. CITY agrees that in the performance of this Agreement it will comply with all applicable requirements of California Labor Code Section 1735, California Government Code Section 12940 et seq., and federal statutes and regulations pertaining to employement discrimination, and will not engage in nor permit any subcontractor to engage in unlawful discrimination in employment of persons. This prohibition shall pertain to employment; upgrading; demotion or transfer; recruitment advertising; layoff or termination; rates of pay and other forms of compensation; selection for training, including apprenticeship; and any other action or inaction pertaining to employment matters. CITY acknowledges that a violation of this provision shall subject CITY to all the penalties imposed for a violation of anti-discrimination law or regulation, including but not limited to, Section 1720 et seq. of the California Labor Code. 13. PROHIBITION AGAINST LOBBYING CITY shall not use any part of the funds received under this Agreement for the purpose of lobbying or for other activities intended to influence any legislation or the outcome of any election. 5 25F-7 14. BREACH-SANCTIONS If, through any cause, CITY fails to fulfill in a timely and proper manner any of its obligations under this Agreement, or if CITY violates any of the terms and conditions of this Agreement or any prior Agreement whereby COUNTY funds were received by CITY, or if CITY reports inaccurately, or if an Audit Report makes disallowances, CITY shall promptly remedy its acts or omissions or repay COUNTY all amounts spent in violation thereof. For any such failures or violations, COUNTY shall have the right to: a. Discontinue project support until such time as CITY fulfills its obligation under this Agreement or any prior Agreement between COUNTY and CITY; b. Collect such outstanding amounts as are determined by COUNTY to be due COUNTY from CITY; c. Terminate this Agreement by giving written notice to CITY of such termination and specifying the effective date thereof. 15. SOLE AGREEMENT This Agreement expresses all the understandings of the parties concerning all matters covered. No addition to or alteration of the terms of this Agreement shall be valid unless made in the form of a written Amendment to this Agreement formally approved by the parties hereto. Any addition or alteration of the Agreement may be subject to approval by the COUNTY Board of Supervisors. 16. GOVERNING LAW AND VENUE This Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for trial to another County. 6 25F-8 17. NOTICES Where required to be given under this Agreement, notices shall be in writing and deemed given when transmitted by e-mail or delivered personally or deposited in the United States mail, postage prepaid, certified, addressed as follows: COUNTY: County Executive Office County of Orange 333 W. Santa Ana Boulevard, 3`d Floor Santa Ana, CA 92701-4062 Attn: Michelle Aguirre CITY: City of Santa Ana Parks, Recreation, and Community Services Agency 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: Gerardo Mouet, Executive Director // // // // // // // // // // // // // // // // // // // // // // // // 7 25F-9 IN WITNESS WHEREOF, the parties hereto certify that they have read and understand all the terms and conditions contained herein and have duly authorized and caused this Agreement to be executed as of the date first above written. DATE: COUNTY OF ORANGE, a subdivision of the State of California BY: TITLE: APPROVED AS TO FORM: COUNTY COUNSEL ORANG'j'E~~COUNTY, CALIFORNIA DATE: /~J < ~ /~ ~ BY: 1-~~'~'~~~''x~~ Deputy CITY OF SANTA ANA DATE: By. TITLE: APPROVED AS TO FORM: ATTEST: BY: BY: TITLE: TITLE: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Darlene J. Bloom Clerk of the Board of Supervisors 25F-10