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HomeMy WebLinkAboutORANGE, COUNTY OF (45)8 9 10 11 12 13 14 15 16 17 18 19 20 W_ 2 23 24 25 26 27 28 29 30 31 32 1 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 1i 2� 31 4 5� 6' 8� 9 10 11 12 131 1.4' 15 i 171 is 19 20 21 22 23 24 25 26� 2'7 28 29 30 31 32 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 -2- lO 11 12 13 14 15 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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. 1 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 -3- 0 2 3 4 5 6 7 6*1 Rd 10 11 12 13 14 15 26 17 la 19 20 21 22 23 24 25 26 27 28 29 3 31 3 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. sir .-4- H