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HomeMy WebLinkAbout25F - AGMT - CABRILLO PARK TENNIS COURTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 2, 2009 TITLE: CABRILLO PARR TENNIS COURT COOPERATIVE AGREEMENT WITH COUNTY OF ORANGE r ~ •~~ c ~ r;~` ~' CITY MANAGER ~~ECOMMENDED ACTION 1. Authorize the City Manager and Clerk attached agreement with the County substantive changes approved by the for the construction of a tennis court CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s1 Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER of the Council to execute the of Orange, subject to non- City Manager and City Attorney at Cabrillo Park. 2. Approve an appropriation adjustment accepting funds from the County of Orange in the amount of $170,000 into the Parks Capital Projects fund (account no. 161-01-5382) and appropriating the funds to the same fund (account no. 161-274-6631). DISCUSSION In August 2008, staff visited a red clay tennis court in Norco to consider the feasibility of installing one at the Cabrillo Tennis Center in Cabrillo Park. Based on the site visit, it was determined that a clay court would complement the current amenities at the tennis center and increase the available training programs. On December 16, 2008, the Orange County Board of Supervisors approved an agreement with the City for the construction of a red clay tennis court at Cabrillo Tennis Center in the amount of $170,000. Improvements include the construction of the tennis court as well as new fencing. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25F-1 Cabrillo Park Tennis Court Cooperative Agreement with County of Orange March 2, 2009 Page 2 FISCAL IMPACT Funds received in the total amount of $170,000 will be deposited into the Parks Capital Projects fund (account no. 161-01-5382) and appropriated in the same fund (account no. 161-274-6631). APPROVED AS TO FUNDS AND ACCOUNTS: ~ame~s G. Koss ~xe~utive Director Pud is Works Agency !~ 2G-c~~ Gerardo Mouet Executive Director Parks, Recreation, and Community Services Agency Francisco Gutierrez Uy.,~ Executive Director Finance & Management Services Agency 25F-2 ACR~:EMENT BETV4+EEN C~LT~'TY O>E t)R~1t~E ANl7 CITY t•JF' SANTA AIWA EC1R C~NSTI2.~UCTION ~F A TENN7S C{)URT AT ~.'ABRILLC) PARK 't'his Agreement, hereinafter "Agreement," to fund construction of a tennis court at Cabrillo Park. in the City of Santa Ana is made and. entered by and between the County of Orange, a political subdivision of the State of California, hereinafter "COL~~ITY," and the City of Santa Ana, hereina#ter "Cl'hY," ~7ith a place of business located at 2(~ Civic Center Plaza, Santa. Ana, California 02702. COt1NT'Y and Ci°l"~'" may also be referred. to herein as `:part}'" crr collectively as "parties." .RECITALS "1~i'HEREAS, C~tJN~~f`Y, by Minute Order dated I~ecernber 16, 20{}8, a capyr of vwhich is on file with the Clerk of the Board of Supervisors of Orange County and which by this reference is incorporated herein grid r~iade a part af' hereof as i:f tirlly set forth, has determined, pursuant to Government Cade Section 26227, to expend a portion of its general funds in the arnaunt oi: X170,000 (~hereina#ter "the funds"] far contribution to CI`1"I' to be used far ccrnstr•uc;tian of a tennis court at Cabrillo Park, hereinafter collectively referred to as "project.," to be carnpleted bet~~~een I3ecernber 17, 2008 and April 10.20].0. L~'I-IEREAS, said project meets tl~e social needs of the pol~ulaticrn c>f {Jran~;e ~'ounty. T•HEREkt7R>H;, in cansideratian of the mutual promises, covenants, and conditions hereina#rtcr stet Earth, tl~e parties agree as fallo~vs: 25F-3 1. EFFECTIVE PERIOD - TBRMI~ATIO~N DA'f ~.~ YI`l1e effective period of this Agreement shall Ira the period beginning Llecember l 7, 2008 and ending April 30, 2010, subject to the provisions of Section I S of this Agreement. Cl'I'Y agrees that the funds received under this Agreement shall be disbursed on or before. April ~0, 2010, and that any acrd. all funds remaining as of May 1, 20I0, which have not beery d.ist~ursed shall be returned by CITY to COI.T1ti~TY. No expense of CITY will be reimbursed by COUNTY if incurred after April 30, 2010. 2. PRt),IEC`I~ PKOI'{JSAI. CITY agrees to comply with all provisions set forth in this Agreement for use of the funds in a professional, timt'.ly and diligent manner. The parties hereto agree that concerning matters not speciiicaliy cantai.ned within the body of this Agreement, the COtJh"l'Y's deternrinatians urill be #inal and the COt7NTY will control the use of the funds. CITY agrees that the funds will bc; used far construction of a tennis c;aurt at Cabrillo Park in Santa Ana between December 17, 2008 and April. 3C}, 2O30. Notwithstanding Section l herein, CITY agrees to use any real or personal property ar equipment that is constructed, acquired or improved with the :funds :for its entire useful life for the purposes, as described herein, I:or which the funds were granted. to CITY by COIJNT'Y. CITY agrees to notify COI1N"I'Y promptly i' it ceases to use such property or equipment lcrr the purposes described herein at any time before the end of its useful life. CITY agrees to properly main ain, repair and keep in good. working ruder 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 i:ar the useful. life of any real or personal property or equipment constructed, acquired or improved with the funds, all permits, licenses or crthex governmental approvals required for the; prcaject and far any services provided in or with property or equipment constructed, acquired ar improved with the; funds. CITY further agrees that lack of compliance car~st7tutes .rounds far COUNTY to pursue the remedies set far-th in Section ~l S of this Agreement and to reduce the level of payment that otht~rwise would be provided under Section Ei crf the Agreerr-cent. Such reduction shall occur only as a result of action of the C'OUNT`Y Board of Supervisors. I3efore such reduction Wray be made, CC)tJN`1'Y' shall provide CITY with at least ten { ] 0) 25F-4 days written notice of the proposed reduction and of the time and place where the Board of Supervisors shall consider the reduction. ~. MODTI~ IC'.ATTC~N OF AGREEMTN I' 'T'ERMS 'I`he parties hereto agree that the ternts agreed upon in Section 2 may be modified so Tong as the amouzrt of tine fatal grant is not increased or reduced and the basic goals and objectives of the project are not altered. l~awever, no such modification shall be made without the prior written approval of°tho County Fxecutzve Offzcer or his designee. 4. MAXIMI)M T:~"I'I[,IIA'T"ION AND ACCESS '~T'O I2ESIL~E1'~1TS CITY agrees that its level of operation will be adequate to ensure maximum utilization. by the pudic of the property, equipment, programs andlor services funded by this Agreement and that an opportunity to use and enjoy said property, equipment, programs andlor services shall be granted to all residents of the COUNTY on the same conditions under which the residents of tl~e target area may ~zse and enjoy it. 5. EVAI.,t~ATION CITY agrees and understands that evaluation is an essential condition to this Agreement and that COUNTY will evaluate C',ITY in accordance with this Agreement. The parties hereto agree that at any time, and for any purpose, the: County .IJxecutive Officer, or his designee, Wray call for an Evaluation to be conducted, 6. PAY1bII~N`I'S BY COUNTY Upon the; effective date of this Agreement, COLrN1'Y agrees to make periodic paymezxts to CITY upon receipt. of invoice{s) froze CITY showing actual amounts expended by CITE' for the project, or CITY may invoice County upon receipt of invoice from service provider Ii>r approved project expenses as identified in Section 2. Total payment hereunder shall be limited to $170,Ofl{J. 7. C`ON~L~ICT OF INTEIZFST A~ti~T) UI2ATUITIFS CI'I°Y agrees azzd z.zndcrstands that CC~LINTY's funds shall not ~ used by CITY to pay or reimburse any stafT p~;rson or consultant who is a member or officer of the City. Council or other official goverzting body of CITY. CT~C"Y warrants that no gratuities, in the form ©f entertainment, gifts or otherwise, were offered or given by Cl`I"Y or any agent or represc;ntative of the CITY cuith a view toward securing the Agreen~zent or securing favorable treatment with respt,ct to any determinations cazacenzing the pezformance of the Agreement. 3 25F-5 ~. aC'CIwSS 1~NI7 ItI~C,(~ItDS CI"I'Y shall keep true and accurate accounts, records and books in perforznatlce of this Agreement in accordance with generally accepted. accounting principles, Unless otherwise agreed in writing by the County Executive Officer, or designee, CITY shall maintain separate accounting records fcxr all funds received from COUNTY under this Agreezr~ent. All accounting records and evidence pertaining to all costs of CITY shall be kept available at CI~'Y's office or place of business during duration. of this Agreement and thereafter f'or a period not less thazl :live {5} years. CITY shall make all of its records available to COUNTY upon request during regzzlar business hours for the purpose of evaluatis~an or auditizig and shall furnish clerical assistance far these ptuposes to C.~Ot.TNTY as required. CT"I~Y agrees to izllpleczzt all accounting andJor recr.~rcl-keeping recommendations made by COI1N"l`Y for all funds received from COUNTY under this agreement. In the event CITY does not make its books and. financial records available to COUNTY, CITY agrees to pay alI necessary and reasonable expenses, including attorney's fees, incurred by COUNTY in obtaining the records and conducting an audit or evaluation. ~~. INDEMNIFICt~TIt"JN ANL) INSUItaNCI: CI'1"Y agrees to indemnify, defend. with counsel approved in writing by COUNTY, and hold C'(~)UN]'Y, its elected and appointed ot~icials, officers, employees, agents and those special districts and agezzcies for which. C(3UNTY'S Board of Supervisors acts as the governing Board ("COt7~1TY INI~EMNIT.I.,f'sS'") harmless from any claims, demands or liability of any kind or nature, including; but not limited. to personal .injury or property dazllage, arising; froz11 or related to the. perfozzrzance provided by CITY pursuant to this A.greemezzt. If judgment is entered against C:;I"l°1' and COUN I'Y by a court of competent jurisdiction because of the concurrent active negligence of C(_)Ul~?TY or COUN"I'Y INI~E~MN `T`EES, CITY and. Ct~I~~~NTY agree that liability will be apportioned as determined by the court or jury. CITY certi#ies that it has insurance coverage or self=insurance that is adequate to cover all risks associated with. the project, If it has insurance coverizzg the project, t~;ITY will add COt:~ITY as an additiozzal insured. 4 25F-6 1.0. 1NDEPF,1tiIJFNT CC~TITRACrI"f~1~ CITY shall be considered independent contractars and neither their employees nor subcantractors, agents or anyane else working under ar an behalf of CITE' or CITY shall be considered an agent ar an empoyee of C'OI,TNTY. Further, neither CI"I'Y ar CITY's employees nor subcantractars, agents or anyone else warking under or can behalf of GITY or C'I'I"Y shall qualify far workers' campensation or ether fringe benefits of any kind through C'OUNT'Y. 11. ASSIGNI~IENT OR SLFRCO~I'I'RACTINCx The terms, covenants, and cendrtians captained herein shall apply to and bind the heirs, successors, executers, administrators and assigns of the parties, l=~urthermare, neither the perfomance of this A<~;ree~x~ent nor any portion thereof may he assigned ar sub- contracted by CITY without the express written consent of COUNTY. Any attempt by GITY to assign car sub-contract the perfarmance or any portion thereof of this Agreement without the express written consent of GOtJN'I"Y shall be invalid and shall constitute a breach of this Agreement.. 12. NCaN~DISC'Itll'v1INATION CI°l"Y shall not unlawfully discriminate in any wagj with respect to performance of this Agreement, on the basis of race, religion, gender, sexual orientation, age, national origin, ancestry. medical condition, ar physical or mental disability a~adlor in violation of any applicable state; or federal law or .regulation, including but not limited to the federal Age Discrimination Act of 1.975, 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 Goverc~rnent Ce:~de section I l 155 et seq., and the Unnih Civil Riglrts Act, as those acts array have beers ar3~er~ded. CITY agrees that ip the performance of this Agreement it will comply with all applicable requirements of Califon~ia I.:abor Code SeCtiarl 1735, Galifi~ia Craveriunent Code Section 12940 et seq., and federal statutes and regulations pertaining to employment disc.rintination, and will not engage in nor pern~it any subcontractor to engage i.n unlawful discrimination in employment of persons. This prohibition shall. pertain to en7ployent; upgrading; derrretic.~p ar transfer; recruitment advertising; layc~l'1' c>r termination; rates of pay and oiher• Iiais of compensation; selection for training, including apprenticeship; acid. any. 5 25F-7 other action or inaction pertaining to employment matters. CITY acknowledges that a violation of this provision shall subject CI"I"Y 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 Califon7ia Labor Code. 1 ~. PROI;IIF3ITI~N AGATNS`l" I.,OBBYING CITY shall not. use any part of the funds received under this Agreement for the purpose of lobbying or for other activities intended to iz7fluence any legislation or the outcome of any eleLtion. 1 ~. BREACH-SANG'"1'1()NS lf, throzzgh any cause, C;I`I'Y fails to fulfill in a timely and proper manner any of its c7blgations under this Agreement, or if CI"I"Y violates any of the terms and conditions of this Agreement or any prior Agreement whereby COI1N`I"Y funds were received by CI`I`Y, or if CITY' reports ina~:curately°, or if an Audit. 17eport makes disallowanc~;s, CITY shall promptly remedy its acts or omissions or repay C(7I1N7'Y all amounts spent in violation. thereof. For aziy such failures or violations, Ct)lJN"I"Y shall have the right to: {a) Discontinue project support until such time as CI'1"Y fulfills its obligation uzxder this Agreement or any prior Agreement between CC~U;'+ITY and CITY, {h) Collect such outstanding amounts as are detcrnlined by COUNTY to be due C~JUNTY from CTTY, {c} Terminate this Agreement by giving written notice to CITY of such termination and specifying the ciTective date thereof. The remedies for breach sit fczrtl2 irz this Agreement do not preclude resort by either Party to any other remedies provided by law. 15. SOLE A~GREE~IEN'l' '1"his Agrecnient expz°esses all the underst~~ndings of the parties concerning all matters covered. No addition to cx• alteration ol` the terms of this A~;reerzzent shall be valid unless made in the form of a written Amendment to this Agreement formally approved by the parties hereto. Az1y addition or alteration of the Agreement may be subject to approval by the COt.~NTY Board of Supervisi~rs. fi 25F-8 16, GOYERNINC~ LAt~4' AND'VENLJF. 't`his Agreement has been negotiated and executed in the State of California and shall be governed by and construed under ~e Iaws of the State of California. In the event of any legal action to enforce or intc;rpret this Agreement, the sole and exclusive venue shall be a court of competent j urisdiction located in t7range County, California, and the parties hereto agree to and do hereby submit to the jurisdiction ol~such court, notv~=ithstanding Code of Civil Procedure Section 39~. l~urtherznore, the parties specifically agree to waive any and all rights to request that. action. be transferred for trial. iv another County. 17. NOTICES ~7Jhere required to be given under this Agreement., notices shall be in writing and deemed given when. transmitted or delivered. personally or deposited in the united States mail, postage prepaid, certified, addressed as follows: COUNTY: Coruaty Executive Office County of Orange 3 7 W. Santa Anal3oulevard. Ord Floor Santa Ana. CA 927Q 1-4(IEi2 Attn: Michelle Aguirre CI"I'Y: City of Santa Ana. ?0 Civic C"entc,r Plaza I'.C). Box 1988 Santa Ana, CA 9'2'7O? Attn: Jim Ross 1$. Ai_7THORITY The I'artcs to this Agreement represent and. warrant that. this Agreement has been. duly authorized and executed and constitutes the legally binding obligation of their respective organization or entity, enforceable in accordance with its terms. l 9. EMPLOYEE ELIGIBILITY GtI~;IZIFICATION CI"I`Y warrants that they :fully comply with all I~'ederal and State statutes and regulations regarding the employment taf aliens and others and that all its employees performing work under this Agreement meet tine citizenship or alien status requirement set forth in Federal statues and regulations. CITY shall obtain, from all employees performing work hereunder, all verification and other dog umentatio~~ of employment el.igibilit}' status 7 25F-9 required by Federal or State statutes and regulations including, but not limited ta, the Immigration Reform and Control Act of 1986, 8 L.S.C. ,1324 et seti., as they currently exist and as they tray be hereafter amended. CITY shall retain ali such documentation far all covered employees far the period prescribed by the law. CI'I"Y shall indemnify, defend with counsel approved. in writing by County, and bald harmless, the County, its agents, officers, and employees froze employer sanctions and any other liability which may be assessed against the CITY ar the County or both in connection with any alleged violation of any Fedez~l ar State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Agreement. 20. CCI.MPLIANCE WITI-I PRIVACY 1..r1WS CITY warrants that in providing services to their clientele and in perforniance of this Agreement, they will comply with all applicable state and federal confidentiality and privacy laws, including but nvt limited to the federal Health. Insurance Portability and Accountability- Act of 1996 and ail amendments. i . AGREEMENT WITH TERMS ANI3 C"C?NI7l'l'IC3NS CITY acknowledges that it has read and agrees to all terms and conditions in this Agreement. !I J/ 1/ /! I/ /J I/ I/ 1/ 1! 25F-10 IN WITNESS WHEREOF, the parties hereto haue exe~;uted this Agreement with their rC:SpeCtlVe SIgil~tureS. DATE; DATE: I~,-~ DATE..: DA'I"E: COUNTY OF ORANGE, a subdivision of the State of Califaniia I3Y; TITLE: AI'I'ROVED AS "I'O FORM; CC3UNTY COUNSEL ORANGE COUNTY, CAI,IFO.RNIA ~- ~t ~__~ _ + Deputy ~~. CITY DF SANTA ANA TiY: TITLE: ATTEST: I3Y: DATE: TITLE; APPROVED AS TO FOFM: E3 Y: "I"I"I"I~E SIGNET) AND CERTIFIED THAT A COPY OF THIS DOCUMENT I-IAS BEEN I)ELTVET~:ED TO TI~IE CHAIRIt~IA~I~ OF THE I30ARD Darlene J. Blaam _._.._..._~_~ Clerk of the Board of Supervisors 9 25F-11 25F-12