HomeMy WebLinkAboutLOS ANGELES COUNTY 1(a)
City of Santa Ana
Clerk of the Council
AGREEMENT TERMINATION FORM
Please complete this form when the attached agreement and all
amendments (if any) are no longer in effect.
Return form to the Clerk of the Council Office (M -30).
Call 647 -6520 if you have any questions.
The agreement with Los Angeles County
No. N- 2005 -081 was completed on 7117105 and final payment has been made.
(List all amendments. Use space below if needed.)
Department: PRCSA
Phone /6d.:
Signature: ioxy yiAjcl
Date: 7/8114
Revised 0 8-23 -10
G 2009
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COTC Office Use Only
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No. N- 2005 -081 was completed on 7117105 and final payment has been made.
(List all amendments. Use space below if needed.)
Department: PRCSA
Phone /6d.:
Signature: ioxy yiAjcl
Date: 7/8114
Revised 0 8-23 -10
N-2005-081
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AGREEMENT NO. U05-01
FACILITY USE AGREEMENT
This Agreement is made as of this date of July fL, 2005 between LOS ANGELES COUNTY
EDUCATION FOUNDATION, a California corporation, (referred to herein as "Foundation") and
City of Santa Ana, a public agency (referred to herein as "User"). The Foundation is the owner
of Blue Sky Meadow Science Institute (referred to herein as "Facility"), located at 3780 State
Highway 38 in the San Bernardino Mountains near Onyx Summit. User agrees to use Facility
under the terms and conditions set forth herein.
Foundation:
User:
Mailing Address:
Foundation/LACEF
9300 Imperial Hwy, Room 106
Downey, CA 90242-2890
Phone: (562) 940-1602
Fax: (562) 940-1662
Mailing Address:
City of Santa Ana - Parks, Recreation
& Community Services Agency
P. O. Box 1988 - M23
Santa Ana, CA 92702
Phone: (714) 571-4239
Fax: (714) 543-8767 Attn. P. Mitchell
Contact person: Jane C. Buck
Buck_Jane@lacoe.edu
Contact person: Anthony Novella
ANovella@ci.santa-ana.ca.us
1. PURPOSE: User shall use Facility for a family weekend with up to 172 participants.
2. GROUP USE PERIOD: User shall occupy the Facility during the period beginning
approximately 4:00 p.m. on Friday, July 15, 2005 through approximately 11 :00 a.m. on
Sunday, July 17, 2005. All persons affiliated with User Group shall leave the Facility no later
than 12:00 noon on Sunday, July 17, 2005.
3. FEES: For the period specified above, User shall pay the following fees: $6,000.00 for total
minimum occupancy of up to 100 persons plus $55.00 per person in excess of 100. The
total fee for 172 participants shall be $9,960.00.
The guaranteed minimum fee is $6,000.00. Contractor understands and agrees that the
guaranteed minimum fee of $6,000.00 is due and payable to the Foundation in the event
that the actual participant count is less than the minimum occupancy of 100 persons.
4. MAXIMUM NUMBER OF OCCUPANTS: At no time shall the number of persons affiliated
with the User Group exceed 172 persons unless a higher number is approved in advance by
Foundation or its representatives.
5. PAYMENT OF FEES: This Agreement signed by User's authorized signer must be received
by the Foundation no later than July 13, 2005. A non-refundable deposit in the amount of
$6,000.00 must be received by the Foundation no later than July 15, 2005. User's
Purchase Order sent by facsimile transmission to the Foundation at (562) 940-1662 or
check payable to Los Anaeles Countv Education Foundation and delivered to the
Foundation's representative at Blue Sky Meadow will be accepted. In the event that a
natural disaster, weather conditions, or other similar unforeseen event precludes use of the
Facility as scheduled, Foundation and User agree to re-schedule the User group at the
earliest opportunity amenable to both parties, and the Foundation will apply the User deposit
to the Facility rental, as re-scheduled.
Final payment including charges for additional participants in excess of 100 is due and
payable no later than ten (10) working days after the end of the group use period.
This payment will be accompanied by an occupant count prepared and certified by User,
and a statement specifying the number of children who attended at no cost to their families.
Payments shall be made by organization check or certified funds, payable to Los Anoeles
County Education Foundation.
5. GROUP USE FEES - INCLUSIONS AND EXCLUSIONS: Group use fees include camper
lodging in cabins with bunk beds and mattresses; toilet and shower facilities; staff housing in
the Meadow House and trailer; use of the infirmary, kitchen/dining/lodge building, Juniper
lodge, and the outdoor amenities of the Blue Sky Meadow site, except for areas identified as
"off-limits". Group use fees include facility maintenance, daily trash disposal and
replacement of paper goods, and custodial/cleaning services after departure.
User understands and agrees that Group Use fees do not include, nor is User or any
participant in User's groups allowed access to or use of the following buildings: Outdoor
School office building, Hawk House, maintenance building, battery shed, and switching
building.
In the event that the User identifies the need for repairs or facility maintenance, User will
promptly notify the Facility representative.
7. TRANSPORTATION: All transportation arrangements and costs shall be the separate
responsibility of the User. No transportation services shall be provided by Foundation or its
representatives.
8. SERVICES TO BE PROVIDED BY USER: User will be responsible for provision,
supervision and payment for all program services and activities. User certifies that all
services shall be in accordance with User's established policies and procedures for a safe,
educational and healthy experience.
9. GROUP GUIDELINES/SUPERVISION:
a. The User's contact person will receive "Group Guidelines" prior to the arrival date. The
User shall be responsible for ensuring that the guidelines are made known to
participants prior to arrival at Facility.
b. The User agrees to provide supervision for all children served at Facility during the
Group Use period, in accordance with User's established policies and procedures. User
agrees that supervision includes ensuring that the natural resources (living and non-
living) on the property are not harmed or defaced in any way.
c. Prior to arrival, the User will designate and inform the Foundation of the name of a
Group Leader and Alternate. Either the Group Leader or alternate shall be at the site
throughout the Group Use period. The Group Leader shall be age 21 or older.
d. The Group Leader shall have the following written information on each participant in
his/her possession at the Facility during the Group Use period: Name, address,
emergency contact name and number, any known allergies or health conditions, and
signed permission to obtain emergency treatment.
10. ORIENTATION: Upon arrival, the Group Leader and Alternate shall attend an orientation
conducted by Facility representative. The objectives of the orientation are to familiarize
these individuals with safety rules and regulations, fire drill procedures, and boundaries, and
to introduce them to the Blue Sky Meadow ecosystem and the Blue Sky Meadow Science
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Institute's environmental stewardship objectives.
Within four hours of participants' arrival at Facility, the Group Leader or Alternate shall
provide participants with an orientation that includes the information conveyed by Facility
representative; i.e., safety rules and regulations, fire drill procedures, boundaries, the Blue
Sky Meadow ecosystem and the Blue Sky Meadow Science Institute's environmental
stewardship objectives.
11. MEDICAL FACILITIES: Facility has an Infirmary for the storage and dispensing of
medications and for the administering of first aid and emergency medical treatment. The
User shall provide its own first aid and medical personnel and supplies during the Group
Use period, including at least one person currently certified in American Red Cross First Aid
and age-appropriate CPR. Copies of current certifications shall be presented to the
Foundation prior to arrival date. The User's designated person(s) shall be responsible for
attending to any medical needs of participants, including the storing and dispensing of any
medicines needed during the Group Use period. A lockable storage area shall be provided
by Facility for User's use during the Group Use period. Neither Foundation nor its
representatives assume responsibility for medical services nor do they provide medical
personnel or services during Group Use periods.
12. INSURANCE: User certifies that the User has general liability insurance coverage,
"occurrence" form only, including bodily injury and property damage for premises and
operations and contractual liability with a combined single limit not less than $1 M
per occurrence and an annual general aggregate of not less than $2M. Prior to arrival date,
the User shall provide a Certificate of Insurance naming the Los Angeles County Education
Foundation, its agents, employees, representatives and volunteers as Additionally Insured.
User further agrees to provide proof of profeSSional liability coverage for errors and
omissions, with a limit of at least $1 M. User's liability shall not be limited to the availability or
collectibility of insurance coverage. All insurance must be issued by insurance underwriters
admitted by the California Insurance Commission and rated A- or better by Best's Key rating
guide.
13. INDEMNIFICATION:
User shall defend, indemnify and hold the Foundation, its officers, employees, and agents
harmless from and against any and all liability, loss, expense (including reasonable
attorney's fees) or claims for injury or damages arising out of the performance of this
Agreement but only in proportion to and to the extent such liability, loss, expense, attorney's
fees, or claims for injury or damages are caused by or result from the negligent or intentional
acts or omissions of User, its officers, agents or employees.
Foundation shall defend, indemnify and hold User, its officers, employees, and agents
harmless from and against any and all liability, loss, expense (including reasonable
attorney's fees) or claims for injury or damages arising out of the performance of this
Agreement but only in proportion to and to the extent such liability, loss, expense, attorney's
fees, or claims for injury or damages are caused by or result from the negligent or intentional
acts or omissions of the Foundation, its officers, agents or employees.
14. ASSURANCES: User certifies that it does not practice or allow discrimination against any
person on the basis of race, color, religion, national origin, sex, sexual orientation, disability,
or any other classification protected under the State or Federal Constitution. User shall
abide by and conform to any and all applicable laws of the United States and the State of
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California. User shall comply with the regulations and policies of the Foundation pertaining
to the use of Facility.
15. CONSERVATION:
a. Participants shall remain within the boundaries of the area that has been permitted for
Group Use and shall not enter any area identified as off-limits by Facility
representative(s). Off-limits areas include but are not limited to the meadow, except for
established paths.
b. Participants shall dispose of aluminum, glass, paper and batteries in the designated
receptacles for disposal or recycling.
c. Participants shall comply with time limits on showers.
16. FACILITY USE PROVISIONS:
a. Smoking is not permitted on the grounds of the Facility.
b. The possession or use of alcohol, narcotics or illegal substances is prohibited at the
Facility. Should such possession or use occur, the Group Leader shall make immediate
arrangements for transporting the offender(s) from the site at the expense of User or
offender(s).
c. No firearms, ammunition, fireworks, flammable materials, or other hazardous materials
or devices shall be brought onto the grounds of the Facility.
d. No pets shall be brought onto the grounds of Facility. Seeing eye dogs and other
service dogs are not considered pets.
e. No vegetation or trees shall be removed, trimmed or cut unless such removal, trimming
or cutting is in connection with a service project that has the advance written approval of
the Foundation.
f. No hand tools, power tools, gasoline, or kerosene shall be brought onto the grounds of
the facility unless such items are expressly approved by Foundation for use in a service
project that has the advance written approval of the Foundation.
g. Group/participants shall not engage in any activity prohibited by law or likely to disturb
the peace, damage the property, or interfere with operations at the Facility,
h. Participants will sleep only in the buildings assigned by Facility representative and will
not use non-assigned buildings. Tents and camping trailers shall be set up and used by
User only in locations approved by Facility representative.
/. Participants will adhere to fire and safety rules and regulations and remain within
boundaries at all times.
17. CONDITION OF PREMISES: The User agrees to leave the facilities as clean and orderly
upon departure as they were upon arrival. In order to determine the condition of the
facilities, a representative of the User and a Facility representative will conduct a walk-
through inspection upon arrival and immediately prior to departure. Should there be any
damage, graffiti, vandalism, or breakage beyond normal wear and tear, the User shall be
notified in writing at the final walk-through and User agrees to remit charges for such
damage within thirty (30) calendar days of receipt of an invoice detailing repair charges.
The Foundation reserves the right to invoice User for additional damage attributable to User
that is not apparent at the time of the final walk-through.
18. COMMUNICATION: The Facility's phone lines are available for use by the User's
authorized personnel during the Group Use period for incoming and outgoing calls and
faxes and Internet access. The phone number at Blue Sky Meadow is (909) 585-7225.
Cellular phone service is not available at the Facility.
Whenever possible, User and participants should charge calls to a telephone company
charge card or place collect calls. User will be billed for any long distance calls other than
those placed by Facility representatives, and any excess charges for local service during the
Group Use period. User agrees to pay within thirty (30) calendar days of receipt of invoice.
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19. ENTIRE AGREEMENT: This Agreement shall supersede any prior oral and written
understandings or communications between the parties and constitutes the entire
agreement of the parties with respect to the subject matter hereof. This Agreement may not
be amended or modified except in a writing signed by both parties hereto. This Agreement
shall be governed by and construed in accordance with the laws of the State of California
applicable to agreements made and to be performed within the State. Section headings in
this Agreement are for convenience and reference only and shall not be construed to limit,
describe or control the scope of the section.
Each party's authorized signer having affixed his signature hereto, this Agreement is executed
and the parties are bound by its provisions.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date
and year first above written.
ATTEST:
CITY OF SANTA ANA
/ .../],
tl-i12.
DAVID N. RE
City Manager
CaJ~:? ~
6P\PATRICIA E. HEALY
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W. FLETCHER-
City A~~r1 ! .
By: i\l M lr~
Michael Igliotta f
Deputy City Attorney
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( (2 LA'L.
Gerardo Mouet
Executive Director 0 the
Parks Recreation a d Community
Services Agency
LOS ANGELES COUNTY EDUCATION
FOUNDATION
RECOMMENDED FOR APPROVAL:
//~LL ~
Madeline Hall
Director
IF AGREEMENT IS FAXED: The parties agree that this Agreement will be considered signed when the
signature of a party is delivered by facsimile transmission. Signatures transmitted by facsimile shaii have
the same effect as original signatures.
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