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HomeMy WebLinkAbout20A - AGREEMENT FRIENDS OF SANTA ANA ZOO FUNDING ASPHALT WALKWAY REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JANUARY 17, 2012 TITLE: APPROVED ? As Recommended AGREEMENT WITH FRIENDS OF SANTA ? As Amended ANA ZOO FOR FUNDING ASPHALT El Ordinance on 1s' Reading ? Ordinance on 2"d Reading WALKWAY IMPROVEMENTS AT THE ? Implementing Resolution SANTA ANA ZOO ? Set Public Hearing For CONTINUED TO ,Llh FILE NUMBER CITY MANAGER 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 renovation of asphalt walkways at the Santa Ana Zoo at Prentice Park in amount not to exceed $75,000, subject to non- substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment to recognize $75,000 in the Recreation Special Fee and Donations - FOSAZ Revenues account (no. 02213002 57381) and appropriate same to the Contract Services account (no. 02213200 62300). DISCUSSION The walkways within the Santa Ana Zoo at Prentice Park allow Zoo visitors to have access to the animal exhibits and park features. These walkways have not been renovated in over 20 years and maintaining accessible walkways is important for the many guests with children in strollers and for people requiring wheelchairs or walkers. In 2007, the Association of Zoos and Aquariums' accreditation team noted that the walkways needed improvements due to tree root damage and uneven surfaces. Temporary fixes have been made but permanent replacement or repairs are needed to maintain a safe and aesthetic environment for the guests. The Friends of Santa Ana Zoo (FOSAZ) launched the "Pavement for Progress" project campaign to raise the funds to reconstruct, pave and seal the public pathways and service roads within the zoo to improve safety, circulation and accessibility. In September 2011, FOSAZ received $75,000 from the McBeth Foundation to renovate the public asphalt walkways throughout the Zoo. This funding agreement will provide the mechanism for FOSAZ to transfer the funds to City, which will be overseeing the asphalt improvements. 20A-1 Agreement with FOSAZ for Asphalt Improvements January 17, 2012 Page 2 FISCAL IMPACT The appropriation adjustment will recognize $75,000 in the Recreation Special Fee and Donations - FOSAZ Revenues account (no. 02213002 57381) and appropriate same to the Contract Services account (no. 02213200 62300). APPROVED AS TO FUNDS AND ACCOUNT: r~ y s AZ'IeA~111111'V44 r\ Ny~ r -A.-D Gerardo Mouet, Francisco Gutierrez, Executive Director Executive Director Parks, Recreation and Community Finance and Management Services Agency Services Agency 20A-2 FUNDING AGREEMENT FOR THE RENOVATION OF ASPHALT WALKWAYS AT THE SANTA ANA ZOO AT PRENTICE PARK This Funding Agreement (the "Agreement"), made and entered into 17'h day of January, 2012, 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 renovate the asphalt walkways (hereinafter "the Project") to provide greater accessibility to the educational programs, classroom areas and animal exhibits at the Zoo; and WHEREAS, the FRIENDS desire to provide funding for the Project, a portion of which is grant funding; and WHEREAS, CITY will oversee and manage the construction of the Project to ensure that the Project 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: 1. Scope of Agreement The purpose of this Agreement is to provide for the funding for the "Pavement for Progress" project to reconstruct, pave and seal public pathways and service roads within the Santa Ana Zoo at Prentice Park (the "Project"). The Project will improve safety and accessibility for physically challenged guests, children, seniors and those requiring mobile assistance to participate in the Zoo's educational activities and exhibit viewing. The FRIENDS have raised funds in grants and contributions for the design and construction of the Project (the "Friends Funds"). 2. CITY Duties A. CITY shall prepare bid documents for the design, and construction of the Project. Said bid documents shall be in conformity with applicable federal, state and local laws and regulations. B. CITY shall manage the solicitation and selection of contractors for all work necessary to complete the Project in accordance with City approved plans and specifications. C. CITY shall manage and oversee the construction of the Project, including inspection and approval of the work. D. The construction of the Project shall be funded through grant funds obtained by FRIENDS. CITY shall provide FRIENDS with a final written report which will include 20A-3 financial information in the format specified by FRIENDS. 3. The FRIENDS Duties A. FRIENDS may provide suggestions regarding the design of walkways constituting the Proj ect. B. FRIENDS shall assist with compliance with grant guidelines to timely obtain grant funds and disburse those funds to CITY. C. FRIENDS shall transfer to City, Friends Funds 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. 4. Time for Performance FRIENDS shall transfer $75,000 of the grant funds to CITY within thirty (30) days following the execution of this agreement by both parties. Said grant funds shall be deposited in a fund to be utilized only for the payment of Project costs. CITY shall complete the Project by April 30, 2012. 5. Ownership and Maintenance The Zoo pathways and service roads shall remain the property of the CITY, and CITY shall maintain responsibilities therefor. 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 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, material 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 20A-4 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 of Interest The following protections against conflict of interest will be upheld: A. CITY and FRIENDS certify that no member, officer, or employee of the 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 any one or more of the 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. 11. 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: 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 26 Civic Center Plaza Santa Ana, CA 92701 ATTN: Executive Director FRIENDS: Friends of the Santa Ana Zoo 1801 E. Chestnut Santa Ana, CA 92701 Attn: 12. Modifications This Agreement may be modified only by written Agreement of all the parties. 13. Signs and Interpretive Aids At commencement of construction of the Project, at least one temporary sign acknowledging FRIENDS' assistance shall be located on or near the Project site. This sign 20A-5 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. FRIENDS and CITY shall cooperate in the design and placement of permanent donor recognition signage for the Project. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA ATTEST: MARIA D. HUIZAR PAUL M. WALTERS Clerk of the Council Interim City Manager APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney By: Laura Sheedy Assistant City Attorney FRIENDS OF THE SANTA ANA ZOO (NAME) (Title) 20A-6