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Home My WebLink About25C - KIWANIS BASKETBALL COURTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 7, 2008 TITLE: AGREEMENT AND APPROPRIATION ADJUSTMENT FOR THE KIWANIS BARRIER-FREE BASKETBALL COURT AT THORNTON PARK ---~..- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2nd 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 Kiwanis Club of Santa Ana for expenditures related to the barrier-free basketball court project at Thornton Park in the amount of $85,000, subject to non-substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment recognizing $95,500 in Kiwanis Club donations and City Employee contributions in the Recreation Special Fees and Donations revenue account (no. 22-01-5798) and appropriate same in the Recreation Special Fees and Donations expenditure account (no. 22-231-6631) for the Kiwanis Barrier-Free Basketball Court at Thornton Park. DISCUSSION On August 20, 1990 City Council approved an agreement with the Kiwanis Club of Santa Ana for the development of a Barrier-Free Park in Thornton Park. Since then, the Kiwanians and the City of Santa Ana have been successful in obtaining donations and grant funding to develop the play ground area, picnic area, amphitheater/fire ring area and overnight camping area. In December 2005, the Kiwanians launched a campaign to raise funds for Phase IIIA of the wheelchair basketball court at Kiwanis Barrier-Free Park in Thornton Park. The improvements include a concrete basketball court with adjustable goals and wheelchair access. The Kiwanians were successful in raising $95,500 through various donations, pledges, County grant funding, City of Santa Ana employee charitable contributions, and in-kind donations. The agreement with the Kiwanians stipulates reimbursement schedules and will enable the City to initiate design work. An additional $100,000 in State Bond funding has become available for this project . ~~~_~ Kiwanis Barrier-Free Agreement and Appropriation Adjustment January 7, 2008 Page 2 ENVIRONMENTAL IMPACT Environmental Exemption has Environmental FISCAL IMPACT Review No. 92-135 has been completed and a Categorical been filed for the project pursuant to the California Quality Act. The appropriation adjustment will enhance the Recreation Special Fees and Donations revenue account (no. 22-01-5798) and expenditure account (no. 22-231-6631) by $95,500. APPROVED AS TO FUNDS AND ACCOUNT: Gerardo Mou t, Francisco Gutierrez, ~~~ Executive D rector Executive Director Parks, Recreation and Finance and Management Services Community Services Agency Agency 25C-2 AGREEMENT RELATING TO CONSTRUCTION OF BARRIER FREE BASKETBALL COURT This agreement is made and entered into this day of , 2008, by and between the City of Santa Ana, a charter city and municipal corporation organized under the Constitution and laws of the State of California ("City") and the Santa Ana Kiwanis Club, hereinafter referred to as "SAKC" with a place of business located in Santa Ana, California. Recitals A. The City has approved the funding for the construction of a barrier free basketball court at Thornton Park. B. The cost for the construction of the barrier free park is in excess of $300,000.00 and the city is relying upon different funding sources for completion of the barrier free basketball court, including funds contributed by the SAKC. C. The SAKC has indicated its desire to contribute the cost of the barrier free basketball court at Thornton Park. NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS: I. SAKC RESPONSIBILITIES A. Upon approval of this agreement by the City Council, the SAKC within thirty (30) days will issue to the City, a check in the amount of $50,000.00 to be earmarked as a contribution to the construction of the barrier free basketball court at Thornton Park. B. Upon approval of this agreement by the City Council, the SAKC will undertake its best efforts to contribute another $35,000 towards the construction costs of the barrier free basketball court at Thornton Park consistent with the terms of the agreement dated October , 2007 between the SAKC and the County of Orange. C. The SAKC will seek a modification to its agreement with the County, to the extent required, if at all, in order to facilitate the purpose of this agreement with the City. II. CITY RESPONSIBILITIES A. In order to facilitate the SAKC's ability to contribute the $35,000 portion to the barrier free basketball court at Thornton Park, the City will provide at its sole Page 1 of 4 25C-3 discretion, invoices to the SAKC from service providers for the basketball court project so that these invoices maybe transmitted to the County. B. The SAKC will submit invoices received from the City to the County consistent with the terms contained in the agreement between the SAKC and the County. III. INDEMNIFICATION Each party agrees to indemnify and hold harmless the other party, its officers, agents, and employees from all liability, claims, losses and demands, including defense costs, whether resulting from court action or otherwise, arising out of the acts or omissions of the indemnifying party, its officers, agents or employees or the condition of property used in the performance of this Agreement. IV. NOTICES All notices, statements, demands, requests, consents, approvals, authorizations, appointments, or designations hereunder by either party to the other shall be in writing and shall be deemed given and served upon the other party, if delivered personally or three (3) days after depositing in the United States mail, postage prepaid, addressed as follows: If to CITY: And City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: Clerk of the Council City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: City Attorney If to SAKC: Santa Ana Kiwanis Club P.O. Box 1256 Santa Ana, CA 92702 Attn: John Karpierz A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been Page 2 of 4 25C-4 given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. V. JURISDICTION This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. VI. ENTIRE AGREEMENT This AGREEMENT sets forth the entire understanding between the parties with respect to SAKC contribution to the funding of the barrier free basketball court at Thornton Park. VII. THIRD PARTY BENEFICIARY Neither party hereto intends that this Agreement shall create rights hereunder in third parties including but not limited to any subcontractors or any member of the public provided services hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in the County of Orange, State of California, on the date and year first above written. /// /// /// /// /// Page 3 of 4 25C-5 The "SAKC" Santa Ana Kiwanis Club By: John Acosta Title: President By: Larry Means Title: Treasurer Page 4 of 4 25C-6 The "City" City of Santa Ana A Charter City By: Attest: By: David N. Ream City Manager Patricia E. Healy Clerk of the Council Approved as to Form: By: Joseph W. Fletcher City Attorney