HomeMy WebLinkAboutORANGE, COUNTY OF (14) - 2009INSURANCE NOT REQIIfRED p~/ A-2009-029
'' ~~ WORK MA`I NROCEED ~~ ° `
CLERK OF COUNCIL
DATE. ~R O 6 AGREEMENT
~- ~ BETWEEN COUNTY OF ORANGE AND CITY OF SANTA ANA
FOR CONSTRUCTION OF A TENNIS COURT AT CABRILLO PARK
This Agreement, hereinafter "Agreement," to fund construction of a tennis court at
Cabrillo Park in the City of Santa Ana is made and entered by and between the County of
Orange, a political subdivision of the State of Califomia, hereinafter "COUNTY," 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, COUNTY, by Minute Order dated December 16, 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 $170,000 [hereinafter "the funds"] for contribution to CITY to be
used for construction of a tennis court at Cabrillo Park, hereinafter collectively referred to as
"project," to be completed between December 17, 2008 and Apri130, 2010.
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:
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.{
A-2009-029
AGREEMENT
BETWEEN COUNTY OF ORANGE AND CITY OF SANTA ANA
FOR CONSTRUCTION OF A TENNIS COURT AT CABRILLO PARK
This Agreement, hereinafter "Agreement," to fund construction of a tennis court at
Cabrillo Park in the City of Santa Ana is made and entered by and between the County of
Orange, a political subdivision of the State of California, hereinafter "COUNTY," 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, COUNTY, by Minute Order dated December 16, 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 $170,000 [hereinafter "the funds"] for contribution to CITY to be
used for construction of a tennis court at Cabrillo Park, hereinafter collectively referred to as
"project," to be completed between December 17, 2008 and Apri130, 2010.
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:
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1. EFFECTIVE PERIOD -TERMINATION DATE
The effective period of this Agreement shall be the period beginning December
17, 2008 and ending April 30, 2010, subject to the provisions of Section 15 of this
Agreement. CITY agrees that the funds received under this Agreement shall be disbursed on
or before Apri130, 2010, and that any and all funds remaining as of May 1, 2010, which have
not been disbursed shall be returned by CITY to COUNTY. No expense of CITY will be
reimbursed by COUNTY if incurred after Apri130, 2010.
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 for construction of a tennis court at
Cabrillo Park in Santa Ana between December 17, 2008 and Apri130, 2010.
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.
Before such reduction may be made, COUNTY shall provide CITY with at least ten (10)
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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 $170,000.
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
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.
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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 INDEMNITEES") 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.
11. 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, aid Floor
Santa Ana, CA 92701-4062
Attn: Michelle Aguirre
CITY: City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
Attn: Jim Ross
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
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required by Federal or State statutes and regulations including, but not limited to, the
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.
DATE: '~ • ~ ~'. -
DATE: L ~,- ~ ''
DATE: ~ ~~ D~j
DATE: 3 ,- 6 ~I
DATE: March 5, 2009
COUNTY OF
California
BY:
TITLE:
a subdivision of the State of
BOARD OF SUPERVISORS
APPROVED AS TO FORM:
COUNTY COUNSEL
ORANGECOUNTY, CALIFORNIA
Deputy
CITY OF SANTA ANA
TITLE: ~r~n ~{~Cv~-'E"' ~~t,, ~~.Gl.1~GtP.w
ATTEST:
BY:
TITLE: ~Y P~ ~ ~/ ~4/1~l.Gf,Qi
APPROVED AS TO FORM:
..._,_~
=T
BY: ~~
ose Sandoval
TITL~:' Managing Senior Assistant City Attorney
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS
BEEN DELIVERED TO THE CHAIRMAN
OF THF/1BOARD ,~'~ ~ ~ ; -`~.'
Darldn~ J. Bloom - "
Clerk of the Board of Supervisors
9
b~
ORANGE COUNTY BOARD OF SUPERVISORS
MINUTE ORDER
December 16, 2008
Submitting Agencv/Department.• County Executive Office
Approve allocation and expenditure of First District Fund 130 funds and agreements with Santa Ana for tennis court at
Cabrillo Park ($170,000) and Garden Grove for addition of water features at Atlantis Play Center park ($100,000);
approve transfer of $250,000 from Fund 130 to Fund 406 OC Parks for funding of improvements at Roger Stanton Park
in Midway City; approve amendment 1 to agreement with Westminster for funding of Westminster Senior Center
Project; authorize Clerk of the Board or designee to execute agreements; make related findings; and make related
budget adjustments -District 1
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
Documents accompanying this matter:
^ Resolution(s)
^ Ordinances(s)
(Contract(s)
Item No. 52
Special Notes:
Copies sent to:
CEO
District 1-Kathryn Feather
CEO/Budget -Michelle Aguirre
yl2al ob
I 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.
DAIZ~i+IE J. BLOOM, Clerk of the Board
`~
By: ~ --~. ,~____
Deputy
Modification Memo
AM 10: t 1
December 11, 2008
'~R "UGC CUUN1 y
dO%RU tiF SUr'(~RVISORS
To: Dazlene J. Bloom, Clerk of the Boazd of Supe rs
From: Thomas G. Mauls, County Executive officer
Subject: Revision to ASR OS-002498 for the December 16, 2008 Board Meeting
Agenda Item A~52 -First District Fund 130 Agreement Amendment and
Allocation
Explanation:
Please add the following Recommended Action:
6. Direct the Auditor-Controller to make the following budget adjustments to return $100,000 in
unallocated First District library funds to the County General Fund (4/5 vote):
a. Decrease Fund 100-Agency 036-Org P931-0bject 4801-Subcode 19 by $100,000
b. Increase Fund 100-Agency 100-Balance Sheet Account 9812 by $100,000
Please revise Recommended Action No. 4 to read:
4. Approve transfer of $250,000 from Fund 130 to Fund 406 OC Parks for funding of improvements at
Roger Stanton Pazk in Midway City, and direct the Auditor-Controller to make the following
budget adjustments (4/5 vote):
a. Decrease Fund 130-Agency 130-Org 100-0bject 1900 by $250,000
b. Increase Fund 130-Agency 130-Org 100-Object4804-Subcode 06 by $250,000
c. Increase Fund 406-Agency 406-Org 0900-Object 7811-Subcode 30 by $250,000
d. Increase Fund 406-Agency 406-Org p912-0bject 4200 by $250,000
cc: Members, Board of Supervisors
Ben de Mayo, County Counsel
Rob Richardson, County Executive Office
Kathryn Feather, l" District, Boazd 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):
12/16/08
Board of Supervisors
Agenda Item
ASR Control 08-002498
County Executive Office (Approved)
Kathryn Feather, (714) 834-3110
Andrew Do, (714) 834-3110
SUBJECT: First District Fund 130 Agreement Amendment and Allocation
I;EV I;ONCUR COUNTY COUNSEL REVIEW CLERK OF THE BOARD
Concur Approved Agreement to Form Discussion
3 Votes Board Maori
Budgeted: Yes
Current Year Cost: $520,000
Staffing Impact: No # of Positions:
Current Fiscal Year Revenue: N/A
Funding Source: General Fund 100%
Prior Board Action: #95-6/24/08; #32-10/30/07
Annual Cost: N/A
Sole Source: N/A
RECOMMENDED ACTION(S)
1. Find that the proposed allocations from Fund 130 District Community Priorities and Projects serve
County public interests.
2. Approve expenditure of $170,000 from Fund 130 for construction of a tennis court at Cabrillo Park
in Santa Ana, and direct Clerk of the Board, or designee, to execute the submitted agreement
between the County of Orange and the City of Santa Ana.
3. Approve expenditure of $100,000 for addition of water features at the Atlantis Play Center park in
Garden Grove, and direct Clerk of the Board, or designee, to execute the submitted agreement
between the County of Orange and the City of Garden Grove.
4. Approve transfer of $250,000 from Fund 130 to Fund 406 OC Parks for funding of improvements at
Roger Stanton Park in Midway City.
5. Approve Amendment Number One to Agreement to Fund Westminster Senior Center Project, and
direct Clerk of the Board, or designee, to execute the submitted amendment between the County of
Orange and the City of Westminster.
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SUMMARY:
Approve expenditure of $170,000 from Fund 130 for construction of a tennis court at Cabrillo Park in
Santa Ana, and direct Clerk of the Board, or designee, to execute the submitted agreement between the
County of Orange and the City of Santa Ana. Approve expenditure of $100,000 for addition of water
features at the Atlantis Play Center park in Garden Grove, and direct Clerk of the Boazd, or designee, to
execute the submitted agreement between the County of Orange and the City of Garden Grove. Approve
transfer of $250,000 from Fund 130 to Fund 406 OC Pazks for funding of improvements at Roger Stanton
Pazk in Midway City. Approve Amendment Number One to Agreement to Fund Westminster Senior
Center Project, and direct Clerk of the Boazd, or designee, to execute the submitted amendment between
the County of Orange and the City of Westminster.
BACKGROUND INFORMATION:
Per Boazd direction on June 24, 2008, Fund 130 monies may be allocated for the following:
• Park capital projects on any County or other pazk
• Recreational programs or projects
• Public school recreational programs and projects which aze made available to the public
• Use of any of the Orange County Public Libraries
• Historical society capital projects
Allocations aze subject to the majority approval of the Boazd of Supervisors. Allocation of funds for
purposes other than capital projects on any County or city park are subject to a dollaz for dollaz match up
to a stated limit as set forth by the Supervisor allocating the funds. The dollaz for dollaz match
requirement may be waived upon approval of the majority of the Board of Supervisors.
First District requests approval of the following allocations:
• Allocation of $170,000 to the City of Santa Ana for construction of a tennis court at Cabrillo
Pazk. There is no match requirement associated with this allocation.
• Allocation of $100,000 to the City of Garden Grove for the addition of water features at the
Atlantis Play Center pazk. There is no match requirement associated with this allocation.
• Transfer of $250,000 from Fund 130 to Fund 406 OC Pazks for improvements at Roger
Stanton Park in Midway City. Park improvements include, but aze not limited to, replacement
of landscaping, tree removal and replacement, structural improvements, equipment
replacement, and sidewalk repair/replacement. There is no match requirement associated with
this allocation.
At this time, First District requests approval of Amendment Number One to the Agreement to Fund
Westminster Senior Center Project between the County of Orange and the City of Westminster. On
October 30, 2007, your honorable Board approved Agenda Item #32 including approval of the Agreement
to Fund Westminster Senior Center Project. The agreement included allocation of $40,000 to the City of
Westminster for capital improvements (upgrade of restroom facilities to become ADA complaint) at the
Westminster Senior Center. The term of the agreement is through December 31, 2008. At this time, First
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District requests to extend the term of the agreement through December 31, 2009 to allow for completion
of the restroom facilities upgrade and subsequent reimbursement to the City of Westminster.
FINANCIAL IMPACT:
N/A
STAFFING IMPACT:
N/A
REVIEWING AGENCIES:
County Counsel, County Executive Office, First District
EXHIBIT(S):
Applicable Amendment and Agreements
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