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HomeMy WebLinkAbout25L - TIERRA DE LAS PAMPAS CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: REQUEST FOR COUNCIL ACTION OCTOBER 6, 2008 TITLE: APPROVED AGREEMENT AND APPROPRIATION ADJUSTMENT RECOGNIZING FRIENDS OF THE SANTA ANA ZOO'S CONTRIBUTIONS TO TIERRA DE LAS PAMPAS EXHIBIT AT THE SANTA ANA ZOO AT PRENTICE PARK o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For Q..Jhtz.. CITY MANAGER CONTINUED TO - FILE NUMBER RECOMMENDED ACTION 1. Authorize the City Manager and Clerk of the Council to execute the attached funding agreement with the Friends of Santa Ana Zoo for the development of the Tierra de las Pampas Exhibit at the Santa Ana Zoo at Prentice Park, subject to non-substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment recognizing $500,213 in donations from the Friends of the Santa Ana Zoo and various other contributions in the Recreation Special Fees and Donations revenue account (no. 22-01-various) and appropriating same to the Recreation Special Fees and Donations expenditure account (no. 22-231-6631) for the Tierra de las Pampas Exhibit Area Project at the Santa Ana Zoo at Prentice Park. DISCUSSION The \\Tierra de las Pampas" project is a grasslands exhibit area that will be developed at the Santa Ana Zoo at Prentice Park. The project will add a new anteater exhibit area to the permanent exhibits of the Santa Ana Zoo at Prentice Park, and begin development of two new multi-species exhibit areas for the rheas and guanacos. The Friends of the Santa Ana Zoo (FOSAZ) launched an aggressive fundraising campaign for the Tierra de las Pampas project in 2006. Through its efforts, FOSAZ was recently awarded a $200,000 grant from the Weingart Foundation that has been designated for the project. Including the Weingart grant, FOSAZ has been successful in obtaining $443,937 in grants and donations, and plans to continue its fundraising endeavors. 25L-1 Agreement and Appropriation Adjustment for the Tierra de las Pampas Project October 6, 2008 Page 2 The money raised by FOSAZ will be leveraged with grant funding received by the City of Santa Ana and $56,276 in contributions from various other sources, including the Santa Ana Chapter of the University of California, Irvine Alumni Association, Disney, the County of Orange and employee charitable contributions, to complete the Tierra de las Pampas exhibit. FISCAL IMPACT The appropriation adjustment will enhance the Recreation Special Fees and Donations revenue account (no. 22-01-various) and the Recreation Special Fees and Donations expenditure account (no. 22-231-6631) for the Tierra de las Pampas project by $500,213. ~:::f: 11~ Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNTS: ~~~\.~l) \\~~~ Francisco Gutierrez ~ Executive Director Finance and Management Services Agency 25L-2 FUNDING AGREEMENT FOR THE DEVELOPMENT OF THE TIERRA DE LAS PAMPAS EXHIBIT AT THE SANTA ANA ZOO AT PRENTICE PARK This Funding Agreement (the "Agreement"), made and entered into 6th day of October 2008, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the state of California, (the "CITY"), and the Friends of the Santa Ana Zoo, a California nonprofit corporation, (the "FRIENDS"). RECITALS WHEREAS, the FRIENDS, a California non-profit organization, is generating support revenues and donations for the CITY to operate and develop the Santa Ana Zoo at Prentice Park; and WHEREAS, CITY and FRIENDS desire to develop the "Tierra de las Pampas" grasslands exhibit (hereinafter "the Project") at the Zoo; and WHEREAS, the FRIENDS desire to provide certain funding for the Project, a portion of which is grant funding; and WHEREAS, CITY will also provide certain funding and will oversee and manage the design and inspection to ensure that the Project complements the Santa Ana Zoo master plan and meets all governmental codes and requirements. NOW, THEREFORE, in consideration of mutual promises, covenants and agreements herein set forth, the parties do hereby agree as follows: I. Scope of Agreement The purpose of this Agreement is to provide for the funding of the Tierra de las Pampas exhibit within the Santa Ana Zoo at Prentice Park (the "Project"). The FRIENDS have raised funds in grants and contributions of which $243,937.00 remains to be contributed to the CITY for the design and construction of the Project (the "Friends Funds"). The Weingart Foundation has pledged an additional $200,000 to the FRIENDS which funds have been designated for the Project upon completion of conditions. 2. CITY Duties A. CITY shall prepare plans and specifications for the design, and installation of the Project. Said plans and specifications shall be in conformity with all applicable federal, state and local laws and regulations. B. CITY shall manage the solicitation and selection of project proposals from qualified firms and contractors for all work necessary to the design and/or installation 25L-3 of the Project in accordance with City approved plans and specifications. C. CITY shall manage and oversee all phases of the installation of the Project, using staff to inspect and approve all phases of the project. D. The construction of the Project shall be funded from a variety of funds, including the City and Friends Funds. CITY shall supply the FRIENDS with quarterly written progress reports which will include financial information in the format specified by FRIENDS. 3. The FRIENDS Duties A. FRIENDS shall provide guidance and input pertaining to the design, plans, specifications and installation of improvements constituting the Project. B. FRIENDS shall assist with compliance with Weingart Foundation Grant guidelines to timely obtain grant funds and disburse those funds to CITY. C. FRIENDS shall transfer to City, Friends Funds (excluding the Weingart Foundation grant) including grants and contributions which have been collected on behalf of the City for the Project. Said transfer to the City shall occur prior to the City award of a construction contract. D. FRIENDS shall continue to fundraise on behalf of the Project, and to transfer grants and contributions to City as they are raised by the FRIENDS. 4. Time for Performance All work required pursuant to this Agreement shall commence upon the CITY's approval of the Project, including executing a construction contract and construction start date and required permits obtained prior to December 31, 2008. 5. Ownership and Maintenance The Tierra de las Pampas exhibit shall be the property of the CITY, and CITY shall have maintenance responsibilities thereof. 6. Preparation and Ownership of Documents It is hereby understood that any and all documents pertaining to the Project design and construction, including applicable "as-built" drawings, will be created in accordance with the highest professional quality. All development documents and drawings shall remain the property of the CITY. 7. Financial Requirements The CITY shall account for all funds requested by and released pursuant to this 25L-4 Agreement and the disbursement thereof. The CITY shall maintain a full set of books on a double entry basis in accordance with generally accepted accounting principles, procedures, and regulations as deemed necessary by the CITY. Such records shall be maintained by qualified personnel and in a timely manner. All financial reports and schedules shall be prepared in accordance with generally accepted accounting principles and CITY reporting requirements. 8. Indemnification CITY agrees to save, indemnify, defend and hold harmless, FRIENDS, its board members, directors, officers, agents and employees from any and all claims, demands, losses, liens, expenses (including reasonable attorney's fees) or liability, including but not limited to claims of damage of property or injury to or death of persons accruing or resulting to any and all contractors, subcontractors, materials men, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Agreement by the CITY and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the CITY in the performance of this Agreement. 9. Conflict ofInterest The following protections against conflict of interest will be upheld: A. CITY and FRIENDS certify that no member, officer, or employee ofthe CITY and/or FRIENDS or its designees or agents, and no other public official of CITY and/or FRIENDS who exercises any functions or responsibilities with respect to the programs or projects covered by this Agreement, shall have any interest, direct or indirect in this Agreement, or in its proceeds during his/her tenure or for one year thereafter. B. CITY and FRIENDS certify that no one who has any financial interest in this Agreement or receives compensation for services from CITY or FRIENDS is related by blood or marriage within the third degree to the Mayor or anyone or more ofthe members of the City Council, City Manager, or the head of the department and/or Friends' Board to which these services are to be provided pursuant to this Agreement. 10. Governing Law This Agreement shall be governed by the laws of the State of California. II. Notices If either party shall desire or be required to give notice to the other, such notice shall be given in writing, by prepaid U.S. certified or registered postage, addressed to recipient as follows: 25L-5 CITY: City of Santa Ana Clerk of the Council 20 Civic Center Plaza (M-30) Santa Ana, CA 92701 With a copy to: Recreation and Community Services Agency 888 Santa Ana Boulevard, Suite 200 Santa Ana, CA 92701 A TTN: Executive Director FRIENDS: Friends of the Santa Ana Zoo 1801 E. Chestnut Santa Ana, CA 92701 Attn: Catherine Decker, Executive Director 12. Modifications This Agreement may be modified only by written Agreement of all the parties. 13. Signs and Interpretive Aids At the beginning of construction of the Project, at least one temporary sign acknowledging FRIENDS' assistance shall be located on or near the project site, to the extent feasible. This sign may indicate the percentage and dollar amount financed by FRIENDS and non-Friends funds. Project signs shall remain installed until the completion of the Project. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY Clerk of the Council DA VID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney FRIENDS OF THE SANTA ANA ZOO CA THERINE DECKER President 25L-6