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JOINT EXERCISE OF POWERS AGREEMENT
BETWEEN THE CITY OF' SANTA ANA AND
THE COUNTY OF ORANGE FOR THE PURPOSE
OF BUILDING AN EDUCATION CENTER ADDI-
TION TO THE BOWERS MUSEUM
This agreement by and between the CITY OF SANTA ANA,
a chartered municipal corporation hereinafter referred to as
"CITY" and the COUNTY OF ORANGE, a division of the State of
California, hereinafter referred to as "COUNTY" on this
day of . 1974, is entered into
for the following reasons:
A. The CITY is empowered to maintain, operate and pro-
vide buildings and equipment for the Bowers Museum as a depart-
ment of municipal goverrument pursuant to the authority of
Santa Ana Charter Section 903, Santa Ana municipal Code Section
Z-b53 -cmd"ralffornia Government 'Code 'Sections 37541 through
37564 as incorporated by reference in said Municipal Code.
The COUNTY is empowered by California Government Code Section
25351 to construct, furnish and repair buildings including
historical museums, art galleries and art institutes.
B. COUNTY has received general revenue sharing funds
pursuant to the State and Local Piscal Assistance Act of 1972,
Public Law 92-512, which may be expended for ordinary and neces-
sary capital expenditures. (For the purposes of this Agreement,
"capital expenditures" shall mean and be limited to ''fi:Ced assel:s"
as that term -is used and unde3,:,-s1-.00d in accounting for COUNTY
funds.) COUNT'Y has offered to share some of its general revenue
sharing funds with cities wi[,Jhrin lfhc county for the purposes
authorized b� y I aw
C. CITY and COUNTY, pursuant to California Government Code
t. EXHIBIT B
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Section 6500 et seq, wish jointly to exercise their individual
powers to construct and equip buildings for museum, art
gallery and art institute purposes, and to share in.the fund-
ing responsibility, in order to construct and equip an Educa-
tion Center building as part of the Bowers Museum with the
provision that said Education Center as well as the other faci-
lities of the Bowers Museum be operated by CITY in a manner
that insures their availability to all of the citizens of the
county.
Now, therefore, in consideration of the benefits to be
received by each party as a result of their joint action, the
parties hereto agree as follows:
.1. An Education Center shall be constructed adjacent to
-the 'exi-sg Bowers 'Museum located at -2002 'North Main 'Street,
Santa Ana, California. The Education Center shall consist of
two (2) parcels of land with a total of 39,262 square feet and
i a building of approximately 5,000 square feet.
2. The Project to be jointly funded shall include the pur-
chase of two parcels of land, the demolition of all buildings
thereon, conversions of properties for Education Center and park-
ing :dot use, construction of one building for use as an Educa-
tion Center and purchase of the capital equipment which is des-
cribed in that certain four page list entitled "Education Center
Capital Equipment" designated "Exhibit A" attached hereto and by
this reference incorporated herein. The Project does not include
appraisal cost, design overhead or operation and maintenance of
the Education Center, for which CITY agrees to be responsible
entirely. However, CITY agrees that appraisals and preliminary
title documents shall be approved by COUNTY before lands are
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acquired.
3. CITY and COUNTY will share equally in the cost of the
Project described in paragraph-2, above, provided that COUNTY'S
share shall not exceed Two Hundred Twenty -Five Thousand Dollars
($225,000.00) .
4. CITY'S Finance Director shall serve as Fiscal Officer
with respect to the Project. He will maintain accounting re-
cords and other evidence pertaining to cost incurred which re-
cords shall be kept available in the public records of his
office for the period of this Agreement and thereafter for five
(5) years from the date of final payment of COUNTY Revenue
Sharing Funds. He shall make said records available to COUNTY
for any purpose at any time and shall make quarterly progress
-I porme -to -the C—otaarry ;Office.
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5. The Fiscal Officer shall tender invoices and documen-
tation to COUNTY'S Administrative Office. COUNTY will make
monthly payments for actual expenditures upon approval of the
invoices by the Administrative Office.
6. CITY'S source of funds for its share of project costs
($225,000.00) shall be Budget Account Numbers 401-117-621 and
403-117-621. CITY acknowledges that the funds being provided
by COUNTY are funds received by the County of Orange pursuant
to the State and Local Fiscal Assistance Act of 1972, Public
Law 92-512, and that expenditure of the funds must be in accor-
dance with said law and regulations issued by agencies of the
Federal Government. CITY further acknowledges that,when such
funds are used on any construction project for which twenty-
five percent (250) or more of the costs are paid out of revenue
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funds, prevailing wages must be paid in accordance with the
Davis Bacon Act, as amended, 40 U.S.C. 276a-276(a) (7) and in
compliance with labor standards as specified by the Secretary of
Labor. CITY further agrees that Federal funds which are ex-
pended improperly by the CITY shall be refunded to the COUNTY.
7. All funds received under this contract shall be dis-
biarsed or encumbered on or before December 31, 1975.
G. No person shall, on the basis of race, color, national
origin, or sex, be excluded from participation in or be denied
the benefits of, or be subject to discrimination under, any
program or activity funded in whole or in part with funds made
available under this agreement.
9. It is agreed by both parties that the facilities of the
Bowers Musew-a, including those currently in existence and the
Education Center to be constructed and equipped with joint
funding provided by this Agreement shall be maintained and
operated by the CITY in such a manner that they are available
for use by all the citizens of Orange County in the same
manner and to the same extent that they are available to citi-
zens of Santa Aria. In the event that the property or equip--
ment ceases to be used, f or sa.id purpose, CITY' shall repay to
COUNTY the share of joint funding contributed by COUM"'Y here-,
III WITNESS INHEREOP, the arties hereto have executed this
agreement Lhi,,:., day and year first abov-, written.
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