HomeMy WebLinkAboutA-2008-258
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D:PM1A ~~~~ A-2008-258
S6uY~~r,.,,yarii Amendment No. 2 to Agreement No.D99-12
P 1 ~ ~°°~
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AMENDMENT NO. 2
AGREEMENT TO FUND NUTRIENT, FECAL COLIFORM AND TOXICS TOTAL MAXIMUM DAILY LOAD MDL)
STUDIES IN THE NEWPORT BAY WATERSHED
THIS AMENDMENT, for purposes of identification numbered Amendment No. 2 to
Agreement No. D99-128, is made and entered into this ~~ day of ~~~,~~._~"`" 2008, by
and between the County of Orange ("COUNTY"), the Orange County Flood .Control District
("DISTRICT"), the City of Costa Mesa ("COSTA MESA"), the City of Irvine ("IRVINE"),
the City of Laguna Hills ("LAGUNA HILLS"), the City of Laguna Woods ("LAGUNA WOODS"),
the City of Lake Forest ("LAKE FOREST"), the City of Newport Beach ("NEWPORT BEACH"),
the City of Orange ("ORANGE"), the City of Santa Ana ("SANTA ANA"), the City of Tustin
("TUSTIN"), the Irvine Ranch Water District ("IRWD"), The Irvine Company ("TiC"), the
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.California Department ;of Transportation ("CAL.TRANS"), Tustin Legacy .Community Partners
!i ~ ~ ,
it ("TLCP") , Lennar Homes' of.~:~alifornia, Inc`. ("LENNAR") , and Orange County,- Great Park _.
(Corporation ("GPC"). The seventeen entities are hereinafter sometimes jointly
~~referred to as the "PARTIES" and individually as "PARTY". The cities are hereinafter
(sometimes jointly referred to as the "CITIES". Thirteen entities (all entities except
(for CALTRANS, TLCP, LENNAR, and GPC) are sometimes jointly referred to as the
"ORIGINAL PARTIES."
WITNESSETH
WHEREAS, the ORIGINAL PARTIES entered into Agreement No. D99-128 on
,,September 18, 2003, referred to hereinafter as "AGREEMENT", to provide funding for the
Nutrient, Fecal Coliform and Toxics Total Maximum Daily Load (TMDL) studies in the
Newport Bay Watershed; and,
WHEREAS, the PARTIES approved Amendment 1 to Agreement No. D99-128 on July
5, 2006, which amended Section 3 (Funding), Section 4 (Program Budgets and Costs),
Section 5 (Payments), Section 10 (No Third Party Beneficiaries), Section 16 (Notices),
Exhibit A, and Exhibit C of the AGREEMENT in their entirety and added CALTRANS, TLCP,
LENNAR, and GPC as AGREEMENT participants; and,
WHEREAS, according to Section 6 of the AGREEMENT, the AGREEMENT may be
amended in writing only with the unanimous written approval of the PARTIES; and,
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Amendment No. 2 to Agreement No.D99-12
1 ~~ WHEREAS, the PARTIES desire to extend the term of the AGREEMENT for two
2 (2) years to be consistent with the end of the current phase of the Nitrogen and
3 Selenium Management Program and to recognize prior payments for services made directly
by CALTRANS and IRWD, for work plan development and Bay algae studies respectively, as
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credits in the 2008-09 program budget.
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NOW, THEREFORE, in consideration of the foregoing, it is agreed by and
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between the PARTIES hereto that the AGREEMENT shall be amended as follows:
7 Section 1. Each and all of the provisions of the AGREEMENT remains in
8 full force and effect, except that alI references to Resources .and Development
9 Management Department or RDMD shall be amended to OC Public Works and Section 2 and
10 Section 4 are amended in their entirety, as follows:
11 Section 2. Section 2 of the AGREEMENT, entitled "TERM";,shall be amended
to read in full as follows: The term of this AGREEMENT is extended for a.two-year
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period, commencing on July 1, 2008 and continuing to and including June 30, 2010,
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unless sooner terminated as provided in Section 8.
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Section 4. Section 4 of the AGREEMENT, entitled "PROGRAM BUDGET AND COSTS"
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shall be amended to read in full as follows:' The COUNTY shall submit a scope of work
16 and a budget for the following fiscal year to each of the PARTIES by February 15 of
17 each year. The budget shall contain an explanation of any recommended program
18 changes, an estimate of all planned expenditures and an estimate of the payment
19 required from each PARTY for the following fiscal year. For the State of California
20 budgeting requirements, CALTRANS' contribution shall-not exceed $150,000 or five
percent (5.0%) of"the total budget costs, whichever is less, for each fiscal year
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during the term of the AGREEMENT. If CALTRANS contribution would be greater than
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$150,000 for a given fiscal year, the amount over $150,000 ("EXCESS AMOUNT") shall be
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cost-shared as described in Section 2 of AMENDMENT 1, with the exception that for such
24 EXCESS AMOUNT, the ORIGINAL COST ALLOCATION shall be ninety-three percent (930) and
25 CALTRANS contribution shall be zero percent (0s).
26 The PARTIES shall be permitted to review and approve the program scope of
work and budget for the forthcoming year. Criteria for approval shall be affirmative
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Amendment No. 2 to Agreement No.D99-12
1 written responses from all of the PARTIES. The COUNTY and DISTRICT will constitute
2 one approving .PARTY.
3 The tasks and expenditures for each fiscal year will be presented and
calculated as .shown in Exhibit C, which is attached hereto and made a part hereof.
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All tasks and.expenditures will be updated each fiscal year as part of the budget
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approval process.:. Therefore, Exhibit C as attached is a form to be completed.-every
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year. The COUNTY: shall be entitled to charge to the program all costs for direct
7 labor, materials, equipment and outside contract services for costs associated with
8 carrying out'the.approved scope of work. Recoverable costs will also include an
9 overhead charge calculated by the County Auditor-Controller which includes OC Public
10 Works overhead.and:County-wide cost allocation plan.
11 - CALTRANS: and IRWD will receive credits of"$75,000 and $6,932". 88'
respectively_in t}ie fiscal year 2008-09 program budget for prior payments for services.
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related to the AGREEMENT.
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IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the
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day and year first.above'written:
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Amendment No. 2 to Agreement No.D99-12
1 COUNTY OF ORANGE,
a political subdivision of the State of
2 Californ'a
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Date: -'~~7~(~(~ By:
4 Bryan S e gle, e t r, OC Public Works
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APPROVED AS TO FORM:
7 COUNTY COUNSEL
$ By: ~~~ ~i2 ~ ~,2~.d2~ ~~C
9 Punam P. Prahalad, Deputy
Date:
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Amendment No. 2 to Agreement No.D99-12E
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Date: ~~~`~ ~ / ~ ~j~D
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(APPROVED AS TO FORM:
(ATTEST:
Cit Clerk
CITY OF COSTA MESA
Mayor
/~7~ ~'~e~./
City Attorney of Costa Mesa
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CITY OF IRVINE
Date: ~1I!`]~Og
APPROVED AS TO FORM:
ATTEST:
By: ~~ `j`ai a y~
MAYOR OF THE CITY OF IRVINE
~ _
CIT~ERK OF THE CITY OF IRVINE C
OF THE CITY OF IRVINE
~ L~
Amendment No. 2 to Agreement No.D99-12
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Date: ~ (Y
IATTEST:
Peg o Ci*V Clerk
CITY OF LAGUNA HILLS
APPROVED AS TO FORM:
Gregory E. Si n' City Attorney
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Amendment No. 2 to Agreement No.D99-
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CITY OF LAGIINA WOODS
Date: / "l~ -C/ O By: -~
M or
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APPROVED AS TO FORM:
ATTEST:
City Clerk ( City t ney of Laguna Woods
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Amendment No. 2 to Agreement No.D99-128
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CITY OF LAKE FOREST
Date: o~~z0%9 By:
r Ma r
APPROVED AS TO FORM:
ATTEST:
City Attorney of Lake Forest
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Amendment No. 2 to Agreement No.D99-12
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Il Date: ~~-~' ~~
IAPPRCVED AS TO c^ORM.:
FATTEST:
~ `'~YN~IA. C~-
City Clerk
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By;
o~
City Attorney of Newport Heach
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Amendment No. 2 to Agreement No.D9
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ATTEST:
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CITY O& ORANGE
By
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Amendment No. 2 to Agreement No.D99-12
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Date:
APPROVED AS TO FORM:
ATTEST:
.._ f~' 'L~2t2
City Clerk
A-2008-258
CITY OF SANTA ANA
EY~ aA~~~„Q
City Manager V
~f GtL"'_ a
Ci y Attorney of S to Ana
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Amendment No. 2 to Agreement No.D99-12
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Date: August 5, 2008
APPROVED AS TO FORM:
ATTEST:
CITY OF TVSTIN
ca~~/ Attorney of Tus n
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Amendment No. 2 to Agreement No.D99-12
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IRVINE RANCH WATER DISTRICT
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3 Date: a9 MMl ~~9 By: ~KwC ~~
~ Paul D. Jones II
4 General Manager
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APPROVED AS TO FORM:
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Date: t7 27~~/ """"~
8 By:
Jo Arneson
9 D'strict Counsel
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Amendment No. 2 to Agreement No.D99-
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CALIFORNIA DEPARTMENT OF TRANSPORTATION
Date:_ 2~~- ~ ~i' By:
Na
Date: gY;
Name:
Title:
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Amendment No. 2 to Agreement No.D99-12£
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TVSTIN LEGACY COMMUNITY PARTNERS, LLC
a Delaware limited liability company
Date: °,J (uA2. Z~ , ~/J.~~ By: ~~_~[~~~~_
Ken Nishikawa
VP Shea Properties,
Director of Engineering
Tustin Legacy Community Partners, LLC
Date: By;
Name:
Title:
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Amendment No. 2 to Agreement No.D99-12
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Lennar Homes o£ California,
a Developer Member of Heritage Fields E1 Toro,
Limited Liability Company
Date: Ju1V B, 2006 By: ~f/!
me: James Werkmeiste
Title: Environmental Affairs Manager
Date: July 8, 2008 By:
Na e: n Jochi
Title: ' president
vl~/-
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Amendment No. 2 to Agreement No.D99-12
GREAT PARK CORPORATION,
1 a California non-profit organization
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3 Date: _--
~r~ By~
'--- ~i EL
Name: ~ ~ Z~
4 Title: D- Chief Executive Officer
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BY'
Date : Name:
7 Title:
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MEMORANDUM
MEMORANDUM so' t)
pctxic:tio¢x 1yt
To: Agreement File 2008-258 June 2, 2009
--------. tate:
prom Rose Ann Trujillo, Sr. Deputy_ Clerk
Subject: AGREEMENT A-2008-258. COUNTY OF ORANGE, ORANGE COUNTY
FLOOD CONTROL DISTRICT, AND VARIOUS AGENCIES- AMENDMENT NO.
2, NO. D99-128
On May 4, 2009 the Public Works Department submitted the fully executed copies of the
above contract. NOTE: The first page of the returned contract was returned with a written
date of March 29, 2009 and Page 14 of the signature pages — with Irvine Ranch Water
District is dated the same date.
The original executed date for the City of Santa Ana is September 2, 2008.
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