HomeMy WebLinkAboutORANGE, COUNTY OF (7)A-2009-007
AGREEMENT
BETWEEN COUNTY OF ORANGE AND CITY OF SANTA ANA
TO FUND CAPITAL IMPROVEMENTS FOR SANTA ANA POLICE ATHLETIC
AND ACTIVITIES LEAGUE
This Agreement, hereinafter "Agreement," to fund capital improvements for Santa
Ana Police Athletic and Activities League, hereinafter "SAPAAL," is made and entered by
and between the County of Orange, a political subdivision of the State of California,
hereinafter "COCTNTY," and the City of Santa Ana, hereinafter "CITY," with a place of
business located at 20 Civic Center Plaza, Santa Ana, California 92702. COUNTY and CITY
may also be referred to herein as "party" or collectively as "parties."
RECITALS
WHEREAS, COCTNTY, by Minute Order dated November 18, 2008, a copy of
which is on file with the Clerk of the Board of Supervisors of Orange County and which by
this reference is incorporated herein and made a part of hereof as if fully set forth, has
determined, pursuant to Government Code Section 26227, to expend a portion of its general
funds in the amount of $33,675 [hereinafter "the funds"] for contribution to CITY to be used
for building a basketball court, installing monkey bars, and installing an alarm system and
exterior parking gate, all on the building used by SAPAAL, hereinafter collectively referred
to as "project," to be completed between November 19, 2008 and November 18, 2009.
WHEREAS, said project meets the social needs of the population of Orange County.
THEREFORE, in consideration of the mutual promises, covenants, and conditions
hereinafter set forth, the parties agree as follows:
1. EFFECTIVE PERIOD -TERMINATION DATE
The effective period of this Agreement shall be the period beginning November
19, 2008 and ending November 18, 2009, subject to the provisions of Section I S of this
Agreement. CITY agrees that the funds received under this Agreement shall be disbursed on
or before November 18, 2009, and that any and all funds remaining as of November 19,
2009, which have not been disbursed shall be returned by CITY to COUNTY. No expense
of CITY will be reimbursed by COUNTY if incurred after November 18, 2009.
2. PROJECT PROPOSAL
CITY agrees to comply with all provisions set forth in this Agreement for use of
the funds in a professional, timely and diligent manner. The parties hereto agree that
concerning matters not specifically contained within the body of this Agreement, the
COUNTY's determinations will be final and the COUNTY will control the use of the funds.
CITY agrees that the funds will be used toward building a basketball court,
installing monkey bars, and installing an alarm system and exterior parking gate between
November 19, 2008 and November 18, 2009.
Notwithstanding Section 1 herein, CITY agrees to use any real or personal
property or equipment that is constructed, acquired or improved with the funds for its entire
useful life for the purposes, as described herein, for which the funds were granted to CITY by
COUNTY. CITY agrees to notify COUNTY promptly if it ceases to use such property or
equipment for the purposes described herein at any time before the end of its useful life.
CITY agrees to properly maintain, repair and keep in good working order all such property or
equipment.
CITY warrants that it will obtain and keep in full force and effect, during the term
of this agreement and for the useful life of any real or personal property or equipment
constructed, acquired or improved with the funds, all permits, licenses or other governmental
approvals required for the project and for any services provided in or with property or
equipment constructed, acquired or improved with the funds.
CITY further agrees that lack of compliance constitutes grounds for COUNTY to
pursue the remedies set forth in Section 15 of this Agreement and to reduce the level of
payment that otherwise would be provided under Section 6 of the Agreement. Such
reduction shall occur only as a result of action of the COUNTY Board of Supervisors.
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Before such reduction may be made, COUNTY shall provide CITY with at least ten (10)
days written notice of the proposed reduction and of the time and place where the Board of
Supervisors shall consider the reduction.
3. MODIFICATION OF AGREEMENT TERMS
The parties hereto agree that the terms agreed upon in Section 2 may be modified
so long as the amount of the total grant is not increased or reduced and the basic goals and
objectives of the project are not altered. However, no such modification shall be made
without the prior written approval of the County Executive Officer or his designee.
4. MAXIMUM UTILIZATION AND ACCESS TO RESIDENTS
CITY agrees that its level of operation will be adequate to ensure maximum
utilization by the public of the property, equipment, programs and/or services funded by this
Agreement and that an opportunity to use and enjoy said property, equipment, programs
and/or services shall be granted to all residents of the COUNTY on the same conditions
under which the residents of the target area may use and enjoy it.
5. EVALUATION
CITY agrees and understands that evaluation is an essential condition to this
Agreement and that COUNTY will evaluate CITY in accordance with this Agreement. The
parties hereto agree that at any time, and for any purpose, the County Executive Officer, or
his designee, may call for an Evaluation to be conducted.
6. PAYMENTS BY COUNTY
Upon the effective date of this Agreement, COUNTY agrees to make periodic
payments to CITY upon receipt of invoice(s) from CITY showing actual amounts expended
by CITY for the project, or CITY may invoice County upon receipt of invoice from service
provider for approved project expenses as identified in Section 2. Total payment hereunder
shall be limited to $33,675.
7. CONFLICT OF INTEREST AND GRATUITIES
CITY agrees and understands that COUNTY'S funds shall not be used by CITY
to pay or reimburse any staff person or consultant who is a member or officer of the City
Council or other official governing body of CITY. CITY warrants that no gratuities, in the
form of entertainment, gifts or otherwise, were offered or given by CITY or any agent or
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representative of the CITY with a view toward securing the Agreement or securing favorable
treatment with respect to any determinations concerning the performance of the Agreement.
8. ACCESS AND RECORDS
CITY shall keep true and accurate accounts, records and books in performance of
this Agreement in accordance with .generally accepted accounting principles. Unless
otherwise agreed in writing by the County Executive Officer, or designee, CITY shall
maintain separate accounting records for all funds received from COUNTY under this
Agreement. All accounting records and evidence pertaining to all costs of CITY shall be
kept available at CITY's office or place of business during duration of this Agreement and
thereafter for a period not less than five (5) years. CITY shall make all of its records
available to COUNTY upon request during regular business hours for the purpose of
evaluation or auditing and shall furnish clerical assistance for these purposes to COUNTY as
required. CITY agrees to implement all accounting and/or record-keeping recommendations
made by COUNTY for all funds received from COUNTY under this Agreement. In the event
CITY does not make its books and financial records available to COUNTY, CITY agrees to
pay all necessary and reasonable expenses, including attorney's fees, incurred by COUNTY
in obtaining the records and conducting an audit or evaluation.
9. INDEMNIFICATION AND INSURANCE
CITY agrees to indemnify, defend with counsel approved in writing by
COUNTY, and hold COUNTY, its elected and appointed officials, officers, employees,
agents and those special districts and agencies for which COUNTY'S Board of Supervisors
acts as the governing Board ("COUNTY 1NDEMNITEES") harmless from any claims,
demands or liability of any kind or nature, including but not limited to personal injury or
property damage, arising from or related to the performance provided by CITY pursuant to
this Agreement. If judgment is entered against CITY and COUNTY by a court of competent
jurisdiction because of the concurrent active negligence of COUNTY or COUNTY
iNDEMNITEES, CITY and COUNTY agree that liability will be apportioned as determined
by the court or jury.
CITY certifies that it has insurance coverage or self-insurance that is adequate to
cover all risks associated with the project. If it has insurance covering the project, CITY will
add COUNTY as an additional insured.
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10. INDEPENDENT CONTRACTOR
CITY shall be considered independent contractors and neither their employees
nor subcontractors, agents or anyone else working under or on behalf of CITY or CITY shall
be considered an agent or an employee of COUNTY. Further, neither CITY or CITY's
employees nor subcontractors, agents or anyone else working under or on behalf of CITY or
CITY shall qualify for workers' compensation or other fringe benefits of any kind through
COUNTY.
1 1. ASSIGNMENT OR SUBCONTRACTING
The terms, covenants, and conditions contained herein shall apply to and bind
the heirs, successors, executors, administrators and assigns of the parties. Furthermore,
neither the performance of this Agreement nor any portion thereof may be assigned or sub-
contracted by CITY without the express written consent of COUNTY. Any attempt by CITY
to assign or sub-contract the performance or any portion thereof of this Agreement without
the express written consent of COUNTY shall be invalid and shall constitute a breach of this
Agreement.
12. NON-DISCRIMINATION
CITY shall not unlawfully discriminate in any way with respect to performance
of this Agreement, on the basis of race, religion, gender, sexual orientation, age, national
origin, ancestry, medical condition, or physical or mental disability and/or in violation of any
applicable state or federal law or regulation, including but not limited to the federal Age
Discrimination Act of 1975, Section 504 of the federal Rehabilitation Act of 1973, the
Americans with Disabilities Act, the federal Civil Rights Act of 1964, Title VII of the federal
Civil Rights Act of 1968, California Government Code section 11135 et seq., and the Unruh
Civil Rights Act, as those acts may have been amended.
CITY agrees that in the performance of this Agreement it will comply with all
applicable requirements of California Labor Code Section 1735, California Government
Code Section 12940 et seq., and federal statutes and regulations pertaining to employment
discrimination, and will not engage in nor permit any subcontractor to engage in unlawful
discrimination in employment of persons. This prohibition shall pertain to employment;
upgrading; demotion or transfer; recruitment advertising; layoff or termination; rates of pay
and other forms of compensation; selection for training, including apprenticeship; and any
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other action or inaction pertaining to employment matters. CITY acknowledges that a
violation of this provision shall subject CITY to all the penalties imposed for a violation of
anti-discrimination law or regulation, including but not limited to, Section 1720 et seq. of the
California Labor Code.
13. PROHIBITION AGAINST LOBBYING
CITY shall not use any part of the funds received under this Agreement for the
purpose of lobbying or for other activities intended to influence any legislation or the
outcome of any election.
14. BREACH-SANCTIONS
If, through any cause, CITY fails to fulfill in a timely and proper manner any of
its obligations under this Agreement, or if CITY violates any of the terms and conditions of
this Agreement or any prior Agreement whereby COUNTY funds were received by CITY, or
if CITY reports inaccurately, or if an Audit Report makes disallowances, CITY shall
promptly remedy its acts or omissions or repay COUNTY all amounts spent in violation
thereof. For any such failures or violations, COUNTY shall have the right to:
(a) Discontinue project support until such time as CITY fulfills its
obligation under this Agreement or any prior Agreement between
COUNTY and CITY;
(b) Collect such outstanding amounts as are determined by COUNTY to
be due COUNTY from CITY;
(c) Terminate this Agreement by giving written notice to CITY of such
termination and specifying the effective date thereof.
The remedies for breach set forth in this Agreement do not preclude resort by either Party to
any other remedies provided by law.
15. SOLE AGREEMENT
This Agreement expresses all the understandings of the parties concerning all
matters covered. No addition to or alteration of the terms of this Agreement shall be valid
unless made in the form of a written Amendment to this Agreement formally approved by the
parties hereto. Any addition or alteration of the Agreement may be subject to approval by
the COUNTY Board of Supervisors.
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16. GOVERNING LAW AND VENUE
This Agreement has been negotiated and executed in the State of California and
shall be governed by and construed under the laws of the State of California. In the event of
any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be
a court of competent jurisdiction located in Orange County, California, and the parties hereto
agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil
Procedure Section 394. Furthermore, the parties specifically agree to waive any and all
rights to request that an action be transferred for trial to another County.
17. NOTICES
Where required to be given under this Agreement, notices shall be in writing
and deemed given when transmitted or delivered personally or deposited in the United States
mail, postage prepaid, certified, addressed as follows:
COUNTY: County Executive Office
County of Orange
333 W. Santa Ana Boulevard, 3`d Floor
Santa Ana, CA 92701-4062
Attn: Michelle Aguirre
CITY: Santa Ana Police Athletic & Activity League
60 Civic Center Plaza
Santa Ana, CA 92705
Attn: Tom Serafin
18. AUTHORITY
The Parties to this Agreement represent and warrant that this Agreement has been
duly authorized and executed and constitutes the legally binding obligation of their respective
organization or entity, enforceable in accordance with its terms.
19. EMPLOYEE ELIGIBILITY VERIFICATION
CITY warrants that they fully comply with all Federal and State statutes and
regulations regarding the employment of aliens and others and that all its employees
performing work under this Agreement meet the citizenship or alien status requirement set
forth in Federal statues and regulations. CITY shall obtain, from all employees performing
work hereunder, all verification and other documentation of employment eligibility status
required by Federal or State statutes and regulations including, but not limited to, the
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Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist
and as they may be hereafter amended. CITY shall retain all such documentation for all
covered employees for the period prescribed by the law. CITY shall indemnify, defend with
counsel approved in writing by County, and hold harmless, the County, its agents, officers,
and employees from employer sanctions and any other liability which may be assessed
against the CITY or the County or both in connection with any alleged violation of any
Federal or State statutes or regulations pertaining to the eligibility for employment of any
persons performing work under this Agreement.
20. COMPLIANCE WITH PRIVACY LAWS
CITY warrants that in providing services to their clientele and in performance of
this Agreement, they will comply with all applicable state and federal confidentiality and
privacy laws, including but not limited to the federal Health Insurance Portability and
Accountability Act of 1996 and all amendments.
21. AGREEMENT WITH TERMS AND CONDITIONS
CITY acknowledges that it has read and agrees to all terms and conditions in this
Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement with their
respective signatures..
COUNTY OF ORANGE, a subdivision of the State of
California
DATE: ' ~ By;
TITLE; pHAtRMAN,BOARDOFSUPERVISORS
APPROVED AS TO FORM:
COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
DATE: ~~~~ `L`am
BY:
Deputy
DATE: L - ~- C~~
DATE:
DATE: ~z~3~~' ~
CITY OF SANTA ANA
BY•
ITLE: DAVID N. REAM, City Manager
AT
BY
TITLE: ~1erk of the council
APPROVED AS TO FORM:
BY: ~~C~~~-~CLs-~- i~/mss ~~
Assistant City ttorney
TITLE:
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS
BEEN DELIVERED TO THE CHAIRMAN
OF THE OARD
,f , '~~ ~1 ~,1
Darl e ,T. Bloom
Cler of the Board of Supervisors
9
ORANGE COUNTY BOARD OF SUPERVISORS
MINUTE ORDER
November 18, 2008
SubmittinQAQenc~/D_epartment• County Executive Office
Approve amendment I to agreements with Lien Doan Huong Dao Truong Son for funding of Outdoor Equipment and
Activities Fees, with Hope Community Services, Inc, for funding of Family and Youth Literacy Program and with Rose
Center Foundation for funding of Westminster Rose Center Theater Project; approve agreement with Santa Ana for
basketball court renovations, purchase and installation of monkey bars, installation of alarm system and parking gate of
exterior of Santa Ana Police Athletic Activity League building, Santa Ana ($33,675); and approve amendment to
agreements with YMCA of Orange
Continued on attached page...
The following is action taken by the Board of Supervisors:
APPROVED AS RECOMMENDED ® OTHER ^
Unanimous ^ (1) NGUYEN: Y (2) MOORLACH: N (3) CAMPBELL: Y (4) NORBY: Y (5) BATES: Y
Yote Key.' Y=Yes; N=No; A=Abstain; X=Excused; B.O. =Board Order
Documents accompanying this matter:
^ Resolution(s)
^ Ordinances(s)
~Ontract(s)
Item No. 38
Special Notes:
Copies sent to:
CEO
CEO/Budget -Michelle Aguirre
District 1-Matthew Harper
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I certify that the foregoing is a true and correct copy of the Minute Order
adopt d by the Board of Supervisors, Orange County, State of California.
DA LE 1. BLOOM, Clerk of the Board
By;
ORANGE COUNTY BOARD OF SUPERVISORS
MINUTE ORDER
November 18, 2008
The following is action taken by the Board of Supervisors:
APPROVED AS RECOMMENDED ® OTHER ^
Unanimous ^ (1) NGUYEN: Y (2) MOORLACH: N (3) CAMPBELL: Y (4) NORBY: Y (5) BATES: Y
vote Key.• Y=Yes; N=No; A=Abstain; X=Excused; B.O. =Board Order
County, Garden Grove Downtown Business Association, and Santa Ana to extend the terms of their agreement to
12/31/09 to complete previously approved projects; and authorize Clerk of the Board to execute agreements; and make
related findings -District 1
Item No. 38
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1 certify that the foregoing is a true and correct copy of the Minute Order
adopted by the Board of Supervisors, Orange County, State of California.
D~LE~E J. BLOOM, Clerk of the Board
ay:
Revisions to ASR and/or Exhibits/Attachments
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November 14, 2008
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To: Darlene J. Bloom, Clerk of the Board of Su isors < ~= N ~--'.-,~
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From: Thomas G. Mauk, County Executiv Officer `~
Subject: Revision to ASR 08-002161 for the November 18, 2008 Bo ~' ~ ~
ard Meeting
First District Fund 130 Amendments and Allocations
Revised Recommended Action
Please delete Recommended Action Nos. 5 and 6.
Please revise Recommended Action No. 7 to read:
7. Approve agreement between County of Orange and City of Santa Ana for basketball court
renovations, purchase and installation of monkey bars, and installation of an alarm system and
parking gate on the exterior of the Santa Ana Police Athletic Activity League building, and direct
Clerk of the Board to execute the submitted agreement between the County of Orange and the City
of Santa Ana, which replaces the agreement between County of Orange and the Orange County
Community Foundation.
Please add the following Recommended Actions:
Approve Amendment Number One to Agreement Between County of Orange and The Young
Men's Christian Association of Orange County to Fund New Soccer/Sports Field, and direct Clerk
of the Board to execute the submitted amendment between the County of Orange and the YMCA.
Approve Amendment Number One to Agreement Between County of Orange and Garden Grove
Downtown Business Association to Fund Building of an Entry Arch Gateway to Historic Main
Street, and direct Clerk of the Board to execute the submitted amendment between the County of
Orange and the Garden Grove Downtown Business Association.
Approve Amendment Number One to Agreement Between County of Orange and City of Santa
Ana to Fund Jerome Center Park Project, and direct Clerk of the Board to execute the submitted
amendment between the County of Orange and the City of Santa Ana.
Modifications to the Background Information
Please add the following to the Background Information:
On December 18, 2007, your honorable Board approved Agenda Item No. 51 which allocated
$100,000 in First District Fund 130 monies to the YMCA toward funding of a new soccer/sports
field on the grounds of the new Santa Ana YMCA facility located at 2100 W. Alton Parkway.
The term of the agreement is through December 31, 2008. At this time, First District requests to
extend the term of the agreement through December 31, 2009 to allow for completion of the
soccer/sports field and subsequent reimbursement to the YMCA.
On December 18, 2007, your honorable Board approved Agenda Item No. 51 which allocated
$100,000 in First District Fund 130 monies to the Garden Grove Downtown Business Association
to fund building of an entry arch gateway to historic Main Street in Garden Grove. The term of
the agreement is through December 31, 2008. At this time, First District requests to extend the
term of the agreement through December 31, 2009 to allow for completion of the entry arch and
subsequent reimbursement to the City of Garden Grove.
On October 30, 2007, your honorable Board approved Agenda Item No. 32 which allocated
$100,000 in First District Fund 130 monies to the City of Santa Ana for improvements at Jerome
Center Park. Park Center improvements will bring the facility up to current building, safety
and ADA codes; address inadequate lighting, heating, ventilation and air conditioning issues;
renovation of the electrical system, front entry, kitchen, restroom, and shower locker rooms;
exterior door replacement; renovation of the gymnasium including replacement of the floor,
exterior/interior painting, new flooring and ceiling throughout, re-roofing of the entire building;
and replacement of the playground equipment. The term of this agreement is through
December 31, 2008. At this time, First District requests to extend the term of the agreement
through December 31, 2009 to allow for completion of all work at Jerome Center Park and
subsequent reimbursement to the City of Santa Ana.
Revised Exhibits/Attachments
Please add the following attached amendments/agreements:
Amendment Number One to Agreement Between County of Orange and The Young Men's
Christian Association of Orange County to Fund New Soccer/Sports Field
Amendment Number One to Agreement Between County of Orange and Garden Grove
Downtown Business Association to Fund Building of an Entry Arch Gateway to Historic Main
Street
Amendment Number One to Agreement Between County of Orange and City of Santa Ana to
Fund Jerome Center Park Project
cc: Rob Richardson, County Executive Office
Kathryn Feather, 15C District, Board of Supervisors
Michelle Aguirre, County Executive Office
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MEETING DATE:
AGENDA STAFF REPORT
LEGAL ENTITY TAKING ACTION:
BOARD OF SUPERVISORS DISTRICT(S):
SUBMITTING AGENCY/DEPARTMENT:
DEPARTMENT CONTACT PERSON(S):
11/18/08
Board of Supervisors
Agenda Item
ASR Control 08-002161
County Executive Office (Approved)
Matthew Harper, (714) 834-3110
SUBJECT: First District Fund 130 Amendments and Allocations
CEO CONCUR COUNTY COUNSEL REVIEW
Concur Approved Agreement to Form
Budgeted: Yes Current Year Cost: $400,000 in new
allocations
Staffing Impact: No # of Positions:
Current Fiscal Year Revenue: N/A
Funding Source: General Fund 100%
CLERK OF THE BOARD
Consent Calendar
3 Votes Board Maioritv
Annual Cost: N/A
Sole Source: N/A
Prior Board Action: Agenda Item #95-6/24/08; Agenda Item #51-12/18/07; Agenda Item #32-10/30/07
RECOMMENDED ACTION(S)
Approve Amendment Number One to Agreement Between County of Orange and Lien Doan Huong
Dao Truong Son to Fund Outdoor Equipment and Activities Fees and direct Clerk of the Board to
execute the submitted amendment between the County of Orange and Lien Doan Huong Dao
Truong Son
2. Approve Amendment Number One to Agreement Between County of Orange and Hope Community
Services, Inc. to Fund a Family and Youth Literacy Program and direct Clerk of the Board to
execute the submitted amendment between the County of Orange and Hope Community Services,
Inc.
3. Approve Amendment Number One to Agreement to Fund Westminster Rose Center Theater Project
Between the County of Orange and the Rose Center Foundation, and direct Clerk of the Board to
execute the submitted amendment between the County of Orange and the Rose Center Foundation.
4. Find that the proposed allocations from Fund 130 District Community Priorities and Projects serve
County public interests.
Approve expenditure of $282,000 from Fund 130 toward the purchase of land for development of a
pocket park in the City of Westminster, and direct Clerk of the Board to execute the submitted
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agreement between the County of Orange and the City of Westminster.
6. Approve expenditure of $118,000 from Fund 130 toward development of a Kiosk at the Vietnam
War Memorial in Freedom Park in the City of Westminster, and direct Clerk of the Board to execute
the submitted agreement between the County of Orange and the City of Westminster.
7. Approve expenditure of $33,675 from Fund 130 for basketball court renovations, purchase and
installation of monkey bars, and installation of an alarm system and parking gate on the exterior of
the Santa Ana Police Athletic Activity League building, and direct Clerk of the Board to execute the
submitted agreement between the County of Orange and the City of Santa Ana.
SUMMARY:
Approve Amendment Number One to Agreement between County of Orange and Lien Doan Huong Dao
Truong Son to fund outdoor equipment and activities fees. Approve Amendment Number One to
Agreement between County of Orange and Hope Community Services, Inc. to fund a family and youth
literacy program. Approve Amendment Number One to Agreement to Fund Westminster Rose Center
Theater Project Between the County of Orange and the Rose Center Foundation. Approve allocation of
$282,000 from First District Fund 130 monies to be used toward the purchase of land for development of
a pocket park in the City of Westminster. Approve expenditure of $118,000 from First District Fund 130
monies toward development of a Kiosk at the Vietnam War Memorial in Freedom Park in the City of
Westminster. Approve expenditure of $33,675 from First District Fund 130 monies for a basketball court,
monkey bars, alarm system and parking gate for the Santa Ana Police Athletic and Activities League
building. Delegate authority to Clerk of the Board to execute said amendments and agreements.
BACKGROUND INFORMATION:
On December 18, 2007, your honorable Board approved Agenda Item #51 which allocated First District
Fund 130 monies and approved the two agreements described below.
Lien Doan Huong Dao Truong Son (Boy Scout/Girl Scout Troop 680): $14,000 was approved for
allocation to Troop 680 to allow the troop to purchase outdoor equipment and pay the required fees
associated with outdoor activities no more than three times prior to December 31, 2008.
Hope Community Services, Inc: $5,000 was approved for allocation to Hope Community Services, Inc.
for a family and youth literacy program.
At this time, First District requests approval to amend each of the agreements to modify the insurance
requirements as described below. The County's Risk Management office has reviewed the insurance
requirements included in the original agreements and recommends the requested modifications.
Lien Doan Huong Dao Truong Son (Boy Scout/Girl Scout Troop 680): The original agreement
included a requirement for automobile insurance, sexual misconduct liability insurance, and workers'
compensation insurance. Workers' compensation insurance is only required if the organization has paid
employees. Troop 680 does not have any paid employees; thus, workers' compensation insurance is not
required. In requesting a waiver for the automobile and sexual misconduct liability insurances, Troop 680
provided documentation to Risk Management of the Boy Scouts of America policy related to these two
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topics. After reviewing this documentation and evaluating the level of risk based on the extent of County
involvement, it was determined that neither insurance is required.
Hope Community Services, Inc: The original agreement included a requirement for sexual misconduct
liability insurance, workers' compensation insurance, and loss/damage to property/equipment insurance.
Workers' compensation insurance is only required if the organization has paid employees. Hope
Community Services, Inc. (HCS) does not have any paid employees; thus, workers' compensation
insurance is not required. Loss/damage to property/equipment insurance is only required for property/
equipment of substantial value. In further evaluating this agreement, it was determined that the use of the
funds does not meet the substantial value requirement; thus, the insurance is not required. In requesting a
waiver for the sexual misconduct liability insurances, HCS provided documentation to Risk Management
indicating that there is no one-on-one contact between adults and children during the family and youth
literacy program. After reviewing this documentation and evaluating the level of risk based on the extent
of County involvement, it was determined that the sexual misconduct insurance is not required.
On October 30, 2007, your honorable Board approved Agenda Item #32 including approval of the
Agreement to Fund Westminster Rose Center Theater Project between the County of Orange and the Rose
Center Foundation. The agreement included allocation of $150,000 to the Rose Center Foundation from
First District Fund 130 monies toward the upgrade of elevator equipment, and the purchase of audio
visual equipment and a video projection system for the Westminster Rose Center Theater in Westminster,
California. The term of this agreement is through December 31, 2008.
At this time, First District requests approval of Amendment Number One to the Agreement to Fund
Westminster Rose Center Theater Project between the County of Orange and the Rose Center Foundation.
Approval of this amendment is required to extend the term of the agreement through June 30, 2009 and to
allow for the use of Fund 130 monies for the purchase of theater materials, supplies, equipment including
but not limited to audio/visual equipment, and capital project related items for the Westminster Rose
Center Theater. It was determined after approval of the original agreement on October 30, 2007 that
upgrade of the elevator equipment would not be required after all. There is no change to the original
allocation amount of $150,000.
First District requests approval for allocation of $282,000 in Fund 130 monies to be used toward the
purchase of land for development of a pocket park in the City of Westminster. There is no match required
related to this allocation. These funds will be used to develop a former city water well site in a
neighborhood adjacent to Westminster High School into a pocket park.
First District requests approval for allocation of $118,000 in Fund 130 monies to be used toward
development of a Kiosk at the Vietnam War Memorial at Freedom Park in the City of Westminster. There
is no match requirement related to this allocation.
On December 18, 2007, your honorable Board approved Agenda Item #51 which allocated First District
Fund 130 monies and approved the agreement described below.
Santa Ana Police Athletic and Activities League: $33,675 was approved for allocation to the Orange
County Community Foundation (OCCF) for basketball court renovations, purchase and installation of
monkey bars, and installation of an alarm system and parking gate on the exterior of the Santa Ana Police
Athletic and Activities League building.
The original agreement with OCCF was not fully executed after approved by the Board. After approval
by the Board, it was subsequently determined that the agreement should be with the City of Santa Ana.
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As 'such, the $33,675 has been redirected to an agreement with the City of Santa Ana who will be
responsible for all aspects of the Santa Ana Police Athletic and Activities League projects including
basketball court renovations, purchase and installation of monkey bars, and installation of an alarm
system and parking gate. There is no match requirement associated with this agreement.
FINANCIAL IMPACT:
N/A
STAFFING IMPACT:
N/A
REVIEWING AGENCIES:
County Counsel, County Executive Office, Risk Management, First District
EXHIBIT(S):
Applicable amendments and agreements
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