By reason of the order, the time of completion will be adjusted as follows: No Time Adjustment
Department of Public Works
361 Kings Village Road
Scotts Valley, Ca. 95066
Or, return via email to the following address: [email protected] Owner: City of Scotts Valley
Approved By: _____________________________ Date:
Steve Jesberg, PE
Title: Public Works Director/City Engineer
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, including home and field office expenses, and all will accept as full payment therefor the prices shown above.
Accepted By: _____________________________ Date:
Name
Title:
DONATION AGREEMENT BETWEEN
THE CITY OF SCOTTS VALLEY AND
THE COMMUNITY ADVOCATES OF SCOTTS VALLEY
This Donation Agreement is entered into by and between the City of Scotts Valley (“City”) and the Community Advocates of Scotts Valley (“Advocates”) on this 1st day of November, 2023.
RECITALS
WHEREAS, the City of Scotts Valley is in the process of replacing the play equipment in the Tot Lot located in Skypark; and
WHEREAS, due to budget constraints, the Tot Lot project only included a small area of poured in place rubberized matting for the play surface with the rest of the surfacing being engineered wood chips; and
WHEREAS, the contactor for the project provided a quotation to replace the engineered wood chips in the project with rubber matting at an additional $66,385.09 that is unfunded in the City’s budget; and
WHEREAS, the Community Advocates of Scotts Valley, a California 501(c)(3) corporation, has offered to donate $$66,385.09 for the purpose of covering this additional costs for the rubber matting; and
WHEREAS, the City desires to accept the Donation subject to the terms of this Agreement and issue a contract change order to the contractor for the additional work.
NOW, THEREFORE, in consideration of the recitals and the mutual promises contained herein, the City and the Advocates agree as follows:
AGREEMENT
1. Timing of Donation. Within 15 days of execution of this Agreement, the Advocates shall make the Donation to the City. The Donation shall be made out to the City of Scotts Valley and submitted to the Administrative Services Department.
2. Use of the Donation. The Donation shall only be used exclusively for the additional rubber matting at the Tot Lot at Skypark. In the event the City does not proceed with the work and add the additional rubber matting as part of the finished project, the Donation shall be returned to the Advocates.
3. Binding on Successors: This Agreement is binding on the heirs, successors and assigns of the parties hereto.
4. Entire Agreement: This Agreement contains the entire understanding between the parties with respect to the subject matter herein. There are no representations,
agreements or understandings. Whether oral or written, between or among the parties relating to the subject matter of this Agreement which are not fully expressed herein.
The drafting and negotiation of this Agreement have been participated in by each of the parties and/or their counsel, and for all purposes this Agreement shall be deemed to have been drafted jointly by all parties.
5. Waiver: Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this agreement.
6. Severability: If any term or portion of this Agreement shall be held by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, the remaining provisions of this Agreement shall continue in full force and effect.
IN WITNESS WHEREOF, this Agreement is executed by the CITY and by the ADVOCATES on this November 1, 2023, at Scotts Valley, California.
ADVOCATES: CITY:
Community Advocates of Scotts Valley City of Scotts Valley _______________________________ ___________________________ By: _______________________ By: Mali LaGoe, City Manager Its: _______________________