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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. 2 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 3 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. 4 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 5 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. 6 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 7 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. // // // // // // // // // // // 8 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 'p~ l~',q 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 °k,~ t. ~~#ig~ ~FlFO}Z~ 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 - ~ . ,:-~ :C 7_ I' ; ;,.;, : C J _ . November 14, 2008 ,-.;., ~ _ '. ." r..1 ~ c , -v _ To: Darlene J. Bloom, Clerk of the Board of Su isors < ~= N ~--'.-,~ ~: X, w 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 ~,~ o r A 9~ U ~. - • hJ 09LtFOg~~¢" 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 Page 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 Page 2 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. Page 3 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 Page 4