R-7000
. .
~'='S.=-~I.J""t2i=ln ---.rl_' I-......t- e r 7QOO(CCS)
::=- "") e:=C!L'f1( :.l. =-=-r:..es
A RESOLU,ION OF THE CITY [QUI';:': 1'-.- OF Ti-j~ CITY [IF SAt--!Tl-t t101-! 1 ,=~
.-4IjT;";ORI Z::t4G THE CIT.( f'"'!C,bAGER Tn E~\ECL.iTE H ':r:'N-:-::;>PCT :.uITH THE
STHTE c.O~:::, T HL : Ot-.l5t=?i...1;4r~;::::: y
"HE PEAS , -the =1.*1,.1 Gt- _3an-r-a Mon lC--:j: 5110 ....-l--Ie STaTe ':=-oas-r-al
~on5ert.-lanCl.".j rid-liE' coopera"ted J.n oe liE .lOP In'~ " progr",.., c-f re~1"ord-rlOIJ 'tor-
the ~,an"ta i1onJ.cd PJ.er, and
,Jf-,'C:REAS, -rhe SanTa Monlea P1er ~e5tora-t-1.()n C:orpor.a-rlon has
recoMMendpd the In+roductlon o~ a vedr-round Se-rl'E'5 OT specl.al e LIen 'ts
-:In "t'-.e Dler 3pd,
"';~EF'E~S .. a con~r::tc+ itdS t'E,=,n Geu-elooed +0 1 ''''10 ief"'f'f' T -l"he ~pe'clal
e'Je~ +-== _.::erl-E"S- +r-jrcluQIl a graCJt In -:-'le :3MOUrl t 0+ ~;::7 000 to tr-.e ':l ty of
3a n + a ~onlca f-rOM +he :'-005 ta 1 Lonse.... I}.::!ncv .cor ~~Ie J:'urc 5-'C1se Ot a -+'2'1t
5DC! re2.ated C"C1ulpr"ler;-t..
~~[iW , T+-IEPE;=-CiRE) THE CITY COUNCIL OF THE CITY OF Shl"JTA nONICA DOES
,-IE~E8Y ~ESOLUE AS ;c 'JLi..-QI,uS '
3ECT: cr~ 1 -:-~'e :=-l.-~) of -=,anta Mar' ~ca 3pproues +ne "t-erMS ana a9r-e~s
to ,"~l conC11-r::..or..a. cO~Ta~ned In +t->e a.CCO""Pdf1Vlng dgreeMent t1e-rw,=,en the
Cl1'"I,/ of Santa r~QnlCd and -"',e State CoasTal '_onset'"' t1d.nct.J to lMpleMent -I-~e
5pec~al event5 serles
;C:':'lCN ~ The e::.. -t!) "Jf ':3an+a Mon1ca agree's to r'?5trlct use of t~e
-=Dec~al el.Jents t",nt to Tt-,e SanTa 00nlCd P1er
SECTION '. 71le .: ~ tv Councl.l aUThorlzes the C.~TV Manager tc:;
e-......:ecu te the accOMpan'.i lng agreeMent w1th the StaTe Coastal Conser .)ancv
for F'.Jnds for the purchase of d specldl events Tefl t and related
equlpMent.
---~ - ---------
-4t:_l +'.) .
=c=~~CN .:::. \=-- : ,?r- !o ~ rtc. i..i.. :.er - -:.-z \.-' ~o -r-,e =-I:}UCI'" )con 0'" -t r-, 1 =
....e=O~ullon ) and ~ieflCe-ror"'r-. dnd 't"-herE-.::n.... -t-er ""r.e 3.;i....,e 'O,hall tre l" ;u:i.l
2c.rce "!rod effecT
'-'tP~qOl!ED .-15 T'J ~C.PM
~ ..... . 0----
;::'ober-+ '1 Ml)er s
[1+V Ht tDrnel)
,.,,1 . """1"tNr::.T GiCNERAL . '-' _......... 1.n.f'Il..... 1""'''-
0 STA-ni AGlENCY ,
.AUF-oRl"J'-' . 0
IlSH DEJ>T OF GlEN 5ER.
0 COHTlIOLU!R
tEEMENT. made and entered mto thIS 25th day of .7AnU~1"'V' .19~. 0
e r>f CalIforma. by and between State of CalifornIa, through Its duly elected or appOInted, 0
nd actmg 0
rGE~Y , "
ICEII ACTING I="OR 5l"AT1: ~U"BI!R
ecut1ve Officer state Coascal Conservancy 4-037-81-31
'ed the St,,~. ard
City of Santa Mon1.ca
'ed the C"""IlCIM \
ETH That the Gmtraclor for and II. coDSlder.ltIon of the covenants, condlt,ons, agreements, and stlpulatlOllS of the State
expressed, does hereby agree to furnIsh to the State servICes and materials, as foHows
"'<e ID be rrndn.d by CootraclDr, amounl tD be pcod Omlraclor, lime fM perj&rMC.RCe or eompletlim. "nd Otloc" pl<J.... ond opectJ1coliom, If ""'!I )
SCOPE OF AGJ!~
Pursuant to Sect~ons 31300-31313 and 31400-31405 et seq. of the public
Re~ources Code, the State CoastE' Conservancy (hereafter called the
COl'. ser';an cy ) hereby grants to the City o~ Santa Mon1.ca (hereafter called the
Grantee} a sum not to exceed twenty-seven thousand dol:3rs ($27,OCOl, subJect
to the terms and conditions of this Agreement. These f~,~s shall be used to
provide a .special events" fac11ity on the Santa Monica Pier (hereafter the ,
"ProJ~ct"l as descr~hed herein and in the Conservancy Staff Recommendation of
JanU8l:Y 17, 1985, which is attached as Exhib~t A and ~nccrpcrated here1.n by
th~s reference. The Grantee shall complete the ProJect in accordance with
Exh1.b~t A and th~s Agreement.
(cont~nued next page} .
~
ISlOllS on the reverse side hereof constitute a part of this agreement
=SS WHEREOF, thIS agreement has been executed by the partIes heret(" upon the date fust above wntten.
STATE Of CAUfORNtA CONTRACTOR
cONTR....cTOR (no ~ 110IAH AllI DCMVII'JUAL. lIT.'" ~ II< ~1'1CN.
"4Al"ND~ nc I Ci tv of Santa MoniCa
UJ.~~ l3Y ~.AI,.JTJ-iQR'UO SlGN~TVREl t
n~p"OV~D AS TO FORM
.
T'I1'I..E
M>DRJ!~
I _ S;otEETS II!ACM BEARING N~ME OF CONJ1:tACTOFil
....MOUNT E:NCUMBf!Pit.eO PROGRAM/C.ATEGORY (Goee: AND T'1Tl.EJ FUND TITLE
'en! 0' General ServIces , 27 ar)O.oo CaD1tal OUt1av 1980 Bond
Use Onlv iJNENCUb'I:3-EREC BALANCE. (OPTIQNA.:L. USE! ,
~ccess/Urban Waterfronts
AO.. INCREASING ~NC.l1MI!RA.NC-e <n", '"
376-301-721 1/82 ~
A.OJ oeCREASING l!NCUMMANC.e: 06...l1l!C1" OF: EXFENDfllJAE rcOOl:t A....O "fiTl.EJ ~
~ Santa Mon1ca Pier - Spec1al Events Tent ,
I hN'1ro CNtify ~""" m~ own penonnl tcn",dedge tMt budg.ted funih <Jre T.a... NO II
",,,,,Ioble for the period ...-<1 pt4rpo$.cJ lhe .<p....dil..... .I"led n!.:x...
~ SIG....",T\JRE OF ACCOU....TII\iGi OFFtCER <:/;,-
I~ /~".: C fr
I ~.by U>' Y 1M' "IJ c<>"dd>oo> for eu",ptltWSef JO<f/o in SI"te Adml";,,I.ah"" ,\fa",,,,l SeCI1Dn 1209 hare
been cr-m"Ckd ,,'1111 c...J II,., dorumer;l.. nempt f'''''''''''''''''''' by In.. D.".,Tlmnol of fma..ce -
CUE
...
..- - - -
. .
C~ty of Santa Mon~ca
Grant No. 84-037-81-31
Page Two
SCOPE OF AGPRRMER'l' ( cont~nued)
spec~f~cally, the Grantee shall purchase a large "special events" tent,
benches for ~nter~or seat~ng, ~nter~or l~ght~ng, stage light~ng and sound
systems (us~ng other funds not included ~n th~s grant I , picnic tables, and park
benches as shown ~n the budget breakdowns below.
The Grantee shall develop the proJect in accordance with the work program,
construct~on plans, and budget subm~tted to and approved by the Execut1ve
Off~cer of the Conserva:1cy {hereafter called the "Exec1Jt~ve Off~cer"~.
Cons~stent w~th the List of Assurances (Exh1b~t Cl subm~tted wi~h the
appl~cat~on, the Grantee shall prov1de any funds needed beyond the approved
grant amount to complete the proJect as approved by the Conservancy.
PROJEC'r BUDGET
'I'.en~
60' x 80 I canvass, Lnstalled $10,850
Tent Sea_t1n9
60 x S' benches @ $150 each 9,000
Inter10r L19ht1n9 1,,000
$20,850
P1cn~c Tables
6' redwood tables and 2 benches
10 @ $200 each 2,000
Park Benches
6' bencr.es w1th arms
20 @ $125 each 2,500
$ 4,500
Sub-total 25,350
(6.5% TaxI 1,650
TOTAL $27,000
. .
City of Santa Mon1ca
Grant No. 84-037-81-31
Page Three
SIGNAGB
The Grantee shall, in add~t~on to the other ProJect components descr~bed
herein, erect S1gnS visihle from the nearest public roadway direct1ng the
publ1c to the ProJect. In addJ.tion, the Gran~ee shall put up plaques,
acknowledging Conservancy assistance; such plaques shall be prov1ded by the
conservancy to the Grantee for this purpose. Plans show long the deslogn,
placement, and wordJ.ng of such S1gnS shall be SubllU tted to the Execut1 ve
Officer for reV1ew and wrlotten approval. Flonal reimbursement may be w1thheld
by the Conservancy pending placement of the s1gns and plaques lon the manner
approved by the Exacutl.ve Offl.cer.
PROJEC'r ~Olf
Upon complet~on of the Project, the Grantee shall supply the Conservancy wloth
evidence of such complet1on by sUhm1tt1ng a f:Lnal report Wh1Ch includes: (1)
an 1nspect1on report by t~e Grantee's Publ1c Works D1rector certifY1ng
complet1on of the ProJect; and (2) a f1nal "Request for Reimbursement of
Expendl.tures" form (Exh1.bl.t B). .
CO!ID1"1""1C~S P~EH'J' ro COHsnlDC'l'IOR OR PAYNEN'r
No ccnstructJ.on or disbursement of funds under th1S Agreement shall be made,
except as specif~ed below, unt1l the follow~ng cond1tions have been met:
(1) A Resolution has been adopted by the Grantee: authoriz~ng execut~on and
approv1.ng terms and cond~t~ons of th~s Asreement, including spec1.f1.cally
all cond1tJ.ons contained in the attached L~st of Assurances" (Exhih1t C,
incorporated here1n by reference); agreeJ.ng to restr1ct use of the special
events tent to the Santa Mon~ca P~er; and, accept1ng the grant funds prov1ded
for under th1.s Agreement.
(2 } The Execut1ve Off1cer has approved 1.n wr~t~ng the f1nal detailed plans
descr1h~ng the number, desJ.gn, placement, and word~ng of 1nformat~onal s1gnS
and S1gnS cred~t1ng the Conservancy for its fund1ng aS5~stance.'
. .
C1ty of Santa Mon1ca
Grant No. 84-037-B1-31
Page Four
COS'J' AND PATriD1'l'
Upon determ1nat1on by the Execut1ve Off1cer that all "Cond1.tions Precedent to
Payment" have been fully met, the Conservancy agrees to pay the Grantee, 1n
accordance w1th the f1nal, approved b'J.dget, a tJtal amcunt not to exceed
twenty-seven thousand dollars($27,00O).
Payments shall be made on the baS1s of costs incurred, less ten percent (10%).
payment of all amounts prev10usly withheld shall be made upon satisfactory
complet1.on of the project and s~ssion of a f1nal Request for Reimbursement
form (Exh1.b1t B).
The Grante~ shall re~~est payment no more frequently than monthly by fl.11ng
w1.th the Conservancy completed "Request for Reimbursement" forms which conta1n
the name and address of the Grantee, the si~at~re of an off1.cl.al authorized by
the Grantee to S1.gn such invo1ces, the date of the submittal, the amount of the
invo1.ce, the perl.od dur1ng which the work was actually done, and an item1zed
descr1.pt1on of all work done for wh1ch payment is requestec.
Additionally, the invoice seall be accompan1.ed by any supporting invoices or
other source documents from subcontractors h1.red by the Grantee to complete any
portl.on of the proJect func'!d under th1.s Agreement, and shall be accompan1ed by
wr1tten substantiat1.on of completion of the port1on of the project for Wh1Ch
payment is requested.
EIl'El'IDI'rOllE OF FUNDS AND ~OB OF fillW.D!fG MIOBG IIUOGE'r I'rPS
The Grantee shall expend funds in th~ manner described l.n the final budget
approved by the Executive Off~cer. The alloca~1on of the Conservancy's total
grant among various items as shown, may vary by as much as ten percent (10%)
w1.thout approval by the Execut1ve Off1.cer. Any dl.fference in the allocat1on
among budget 1tems of over ten percent must be approved in Wr1.t1ng by t~e
Execut1ve Off1.cer.
The Conservancy may w1t~hold payment for changes 1n part1.cular budget 1tems
wh1ch exceed the amount allocated 1.n the approved budget by more than tern
percent and Wh1Ch have not receLved t~e appro7al reqU1red above. The total
amount of th15 grant may not be 1ncreased except by amendment to th1S
Agr!"ement, and any increase 1.n the fL~~d1ng for any part1cular budget 1tem shall
mean a decrease 1n the fund1ng for one or more .:;>ther budget 1 terns unless there
15 an amendment to thlS A~reement.
e .
C~ty of Santa Monica
Grant No. 84-037-81-31
Page FJ.ve
'l'ERM OF AG~ .
The term of th~s Agreement shall run from the above wrJ.tten effect~ve date of
th~s Agreement and shall continue through June 30, 1990, the "terminatJ.on
date", unless otherwise terminated or amended. The Grantee agrees to complete
constructJ.on of the ProJect by J~~e 30, 1965 (.completion catel.
Pr~or to L~e term1nation date. e~ther party may terminate this Agreement for
any reason by providJ.ng the other party with seven (7) days notJ.ce in wrJ.tJ.ng.
In the event of ter~nation by the Conservancy, prJ.or~o the te~natJ.on date,
the Grantee agrees to take all reasonable measures to prevent further costs to
the Conservancy under th~s Agreement, and the Conservancy shall be responsJ.ble
for any reasonable and non-cancellable ob12gat2on incurred by the Grantee in
the performance of this Agreement until the date of the not~ce to terminate,
but only up to the unpa2d balance of fund2ng authorJ.=ed in thJ.s Agreement.
In the event that the Grantee te~nates this Agreement durJ.ng the Term of
Agreement as defined above. or fails to complete the ProJect as descr~bed ~n
the "SCOP1: OF AGFk~1.", the Grantee shall be liable for repayment to the
Conservancy of all amounts paid by the Conservancy under this Agreement. The
Conservancy may, at its sole discretion, consider extenuat~ng c~rcumstances and
not reqU2re repayment for work partially completed. .
OP~~ AND ;tUl narRAJ.~CB ~
-
The Grantee agrees to operate and mainta~n the ProJect as a public ~specJ.al
events" fac~lJ.ty and as a puhl~c access facility throughout the term of th~s
Agreement. The Grantee agrees to assume all operatJ.ons and nainte~ance costs
of the Project.
For purposes of th~s Agreement, "operat~ons costs" are def2ned as d~rect
charges incurred for mater~al and labor needed to operate the project as
planned and descrJ.bed in Exhib~t A of th~s Agreement and necessary to produce
gross revenues, ut1.lities. and insurance.
"MaJ.ntenance costs" are def1.ned for purposes of th1.s Agreement as ord~nary
repaJ.rs and replacements of a recurr~ng nature necessary to prolong th2 life of
capJ.tal assets l.nvolved in the product~on of gross revenues from the Project as
constructed ~n accordance w~th plans and spec~f~cat1.ons approved by the
Executive Off~cer. "MaJ.ntenance costs" also ~nclude the cost of ensurJ.ng that
sUffJ.cient funds will be avaJ.lable over t~me to re~lace or reconstruct port1.ons
of the ProJect includ~ng pJ.l~ngs or other bas~c structures.
~
C1ty of Santa Monica ~ . I
Grant No. 84-037-81-3
Page Six
COST ARD ~J "-rKNAl{CZ (cont1nuedl I
The Grantee shall refra1n from develop1ng or otherwise using the Grantee's -.,
property 1n the vic1nlty of the proJect in such a way as to interfere w1th or
inconven1ence the operat1on of the ProJect or the publ1c's use of the s1te for
access. The Grantee st.all repa1r and ma1nta1~ any and all 1mprovements wh1ch
are lccated at ~~e ProJect S1te and the Conservancy shall not be liable for
any cost of such maintenance, management, or operat1on. The Grantee may be
excused from its obl1gations for operat1on and ma1ntenance of the Project
dur1ng the term of this Agreement only upon the wr1tten approval of the
Execut1ve Officer.
T.TJI.~TT.T'l'Y
The Grantee wa1ves all cla1ms and recourse aga1nst the conservancy, including
the right to contribution for any 1055 or d~m~ge aris1ng from, growing out of,
or 1n any way connected w1th of inc1dent to th1S Agreement, except claims
ar1s1ng from the concurr~nt or sole negligence of the Conservancy, its
off.1.cers, agents, ane emploYEes.
The Grantee shall indemnify, hold harntless, and defend the Conservancy, 1ts
officers, agents, and employees, against any and all claims, demands, daI!lages,
costs, expenses, or l.1.ab111~Y ar1S1ng out of the eX1stence or fa11ure of this
grant proJect includ1ng, but not lim1ted to, the acqu1sit1on of property and .
the desi'jIl, constr'ct1on, operation, or maintenance of improvements.
If the CJnservancy .1.5 named as a co-defendent with the Grantee pursuant to
Government Code Section 895 et seq., the Grantee shall represent the
conservancy unless the conservancy elects to represent itself. If the
Conservancy undertakes its own defense, it shall bear its own 11t1gat1on costs,
expenses, and attorney's fees.
-
AI1D:::TSIACC:001I'1'IRG/<tECORDS
The Grantee shall ma1nta1n sat1sfactory f1nanc1al accounts, documents, and
records for the ProJect, and shdll make them ava1lable to the Conservancy staff
for aud1ting and 1nspect1on at reasonable t.1.mes and intervals. Such accounts,
documents, and records shall be reta1ned by the Grantee for three years
following the date of f1nal payment under this Agreement, and shall be subJect ~
to exam1nation and aud1t of the Aud1tor General dur1ng th1s period. The "1
\'!'
Grantee ~y use any generally acceptel accounting system, provided such '"
system meets m1nimum req~rements establ1shed by the state of Cal1fornia. .
>-
.
.'
.
C~ty of Santa Mon~ca_ ,
Grant No. 84-037-81-31
Pa'1e Seven
I
I
~ .Ct?~RAT:tclR OF RntTRl~, 10 'nIIS AG~
The three attachments to this Agreement entitled "List of Assurances" (Exhibit
C), "lndemnif~cat~on and Standard Prov~s~ons" (Exhibit D), and
"NondiSCr1m1nation Clause" (Exhib..t E), descr..be add~t~onal rights and
respons~bil~ties of the Conservancy and the Grantee arising out of th..s
Agreemen~. Each of these Exh..b1-s is an inte'1ral part of thiS Agreement, and
ea~h 15 1~corporated herein by t.~~s reference.
OXIRDINA'fOR
All act~ons and approvals req~red to be taken by the conservancy under this
Agreement shall be taken by the Executive Off1cer of the Conservancy or hiS
des~'J11ee . Ga~l Odom is designated the Conservancy's project coord~nator for
any problems or questions which may arise concerning the implementation of th~s ~
Agreement.
RESOLUTIOII1
The s~gnature of the Executive Officer of the Conservancy under this Agreement . ~
cert~f1es that at its January 17, 1985 ;r.eeting, the State Coastal Conservancy
approved a grunt of twenty-seven thousand dollars ($27,000) to the Grantee for
the development of t~e project de3cribed in the attached C~nservancy Staff
Recommendat1on. Exhi~~~ A, above.
Th1S Agreement shall be deemed execu~ed and effective upon the receipt in the
off~ces of the Conservancy of the A~reement which has been signed on the first
page by an authorized representat~ve of the Grantee, and which ~s accompan~ed
by a resolution adopted by the City Counc~l of the C~ty of Santa Monica
agree~ng to accept the grant funds author~zed herein, and to abide by the terms
a~d condit~ons of th~s Agreement.
Th~s Agreement ~s deemed to be entered ~nto ~n the County of Alameda.
9jlir _.~.- --- - -
--
e . .
1 The Contractor agrees to mdemmfy, defend and save hannless the State, its ofBcen, agents
and employees from any and all claims and losses accruing or resultmg to any and all contractors,
subcontractors, rnatenahnen, laborers and any other person, firm or corporation furnishmg or
supply\ng work, ser."lces, matenals or supplies in connect,on with the perfonnance of thIS contract,
and from any and aU clauns and losses accruJ.Dg or resulung to any person, Snn or corporation
who may be inJured >r damaged by the (''olltractor 1n the performance of tlus contract.
2.. The Contractor, and the agents and employees of Contractor, in the performance of thIS
agreement, shall act in an mdependent capaCIty and not as officers or employees or agents of
State of CalifornIa.
,
3. The State may terminatr thIS agreement and be relIeved of the pay-1ent of any consideratIOn
to Contractor should Contractor fall to perform the ~venants herem contained at the time and
in the manner herem proVIded In the event of such termmabon the State may proceed with the
work in any manner deemed proper by the State. The cost to the State shall be deducted from
any sum due the Contractor under th1s ;!greement, and the balance, if any, shall be paid the
Contractor upon demand
4. Without the written consent of the State, this agreement is not 8SSlgIIable by Contractor
eIther in whole or m part.
5 Tune is the essence of this agreement. .-
, .
6. No alteraholl or vanation of the tenns of thIs con~ct .lull be vahd unless made in ",,"hng
ar.d signed by the parties hereto, and no oral understandmg or agreement nol incorporated herem,
sl- JI be bmdmg on any of the partIes hereto.
7. The consideration to be paId Contractor, as provided herein, shall be in compensation for
all of Contractor's expenses in~llTed In the perfonnance hereof, mcluding travel llJId per diem,
unless otherwise expressly so provided
,
--
e ~
Adopted and approved this 9th day of April, 1985.
/JL/-;" ): ~
V/ ( ~
/ Mayor
I hereby certIfy that the foregoing Resolution No. 7000(CCS)
was duly adopted by the CIty CouncIl of the City of Santa Monica
at a meeting thereof held on April 9, 1985 by the following
CouncIl vote:
Ayes: Councilmembers: Conn, Edwards, Epstein, Jennings,
Katz, Zane and Mayor Reed
Noes: Councllmembers: None
AbstaIn: Councilmembers: None
Absent: Councllmembers: None
ATTEST:'
t:L~
CIty Clerk
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