HomeMy WebLinkAbout20B - AGMT AND AA - FOSAZREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
February 18, 2014
TITLE:
AGREEMENTS WITH FOSAZ AND
GOLDEN OFFICE TRAILERS TO
PURCHASE A USED TRAILER AT
THE SANTA ANA ZOO AT PRENTICE
PARK
s
CIT MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
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❑ As Recommended
❑ As Amended
❑ Ordinance on I" Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Authorize the City Manager and Clerk of the Council to execute an agreement with
Friends of Santa Ana Zoo, subject to non - substantive changes approved by the City
Manager and City Attorney.
2. Authorize the City Manager and Clerk of the Council to execute a Sales Order with
Golden Office Trailers, subject to non - substantive changes approved by the City Manager
and City Attorney.
3. Approve an appropriation adjustment recognizing donation revenue in the amount of
$29,975 in PRCSA Fees and Donations revenue account (no. 02213002 57081) and
appropriating funds to the PRCSA Fees and Donations expenditure account (no.
02213200 66400).
DISCUSSION
The Santa Ana Zoo at Prentice Park is required by the United States Department of Agriculture
and the Association of Zoos and Aquariums to provide veterinary services for the collection of
animals maintained at the Zoo. As part of the comprehensive animal care program, the City
leased a 24'x 63' commercial office trailer from Golden Office Trailers, Inc.
The customized office trailer was installed in 2000 to serve as a veterinary hospital with full
capabilities for surgery, radiographs, examinations, and recovery. In addition to being a
veterinary hospital, the commercial coach serves as office space for the contracted veterinarian
to prepare reports and medical records.
The trailer continues to serve the needs of the animal care program. The Friends of Santa Ana
Zoo has raised funds in grants and contributions in the amount of $29,975, which will be
contributed to the City for the purchase of the office trailer. The purchase of the office trailer will
save the City over $15,541 per year on future lease payments.
20B -1
Agreement with FOSAZ
February 18, 2014
Page 2
FISCAL IMPACT
The appropriation adjustment will recognize donation revenue in the amount of $29,975 in the
PRCSA Fees and Donations revenue account (no. 02213002 57081) and appropriate funds to
the PRCSA Fees and Donations expenditure account (no. 02213200 66400).
Gerardo Mouet,
Executive Director
Parks, Recreation and Community
Services Agency
Exhibit 1: FOSAZ Agreement
Exhibit 2: Golden Trailer Agreement
APPROVED AS TO FUNDS AND ACCOUNT:
Francisco Gutierrez,
Executive Director
Finance and Management Services Agency
20B -2
FUNDING AGREEMENT
FOR THE PURCHASE OF OFFICE TRAILER USED AS VETERINARY HOSPITAL
AT THE SANTA ANA ZOO AT PRENTICE PARK
This Funding Agreement (the "Agreement ") made and entered into this _day of
February 2014, 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 non - profit corporation (the
"FOSAZ ").
RECITALS
A. The FOSAZ, a California non -profit organization, is generating support revenue and
donations for the City to operate and develop the Santa Ana Zoo at Prentice Park ("Zoo").
B. City and the FOSAZ desire to purchase the office trailer currently leased by the City
which is used as the veterinary hospital (hereafter "the Project ") at the Zoo.
C. The City will enter into a separate purchase agreement with Golden Office Trailers,
Inc., the current owner of the office trailer ( "Purchase Documents ").
D. The FOSAZ will provide full funding for the Project.
NOW, THEREFORE, inconsideration 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 funding for the purchase of the currently
leased office trailer that is used as the veterinary hospital at the Santa Ana Zoo at Prentice
Park. The FOSAZ have raised funds in grants and contributions in the amount of Twenty
Nine Thousand Nine Hundred Seventy Five Dollars ($29,975.00) (the "Friends Funds ")
which will be contributed to the City for the purchase of the office trailer. Purchase of
the office trailer will save the City over $15,541.00 per year on future lease payments.
2. City Duties
A. City shall take the lead to purchase the office trailer and implement the Project. Said
purchase shall be in conformity with all applicable federal, state and local laws and
regulations.
B. City shall enter into a purchasing agreement with Golden Office Trailers, Inc. to
finalize and execute the Purchase Documents.
EXHIBIT 1
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C. The Project shall be funded solely through the donation of Friends Funds. City shall
supply the FOSAZ with documentation evidencing the purchase transaction. Any amused
funds upon completion of this purchase transaction shall be returned to the FOSAZ.
3. The FOSAZ Duties
FOSAZ shall provide full funding for the Project upon execution of this Agreement.
4. Time for Performance
All work required pursuant to this Agreement shall commence upon the Parties'
execution of this Agreement.
Ownership and Maintenance
The office trailer /veterinary hospital shall, at all times, be the property of the City, and
the City shall have maintenance responsibilities thereof.
6. 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 frill 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
may be accessed in a timely manner. All financial reports and schedules shall be prepared in
accordance with generally accepted accounting principles and City reporting requirements.
Indemnification
City agrees to save, indemnify, defend and hold harmless, FOSAZ, 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
or resulting to any person, firm or corporation who may be injured or damaged by the City in
the performance of this Agreement.
8. Conflict of Interest
The following protections against conflict of interest will be upheld:
A. City and FOSAZ certify that no member, officer, or employee of the City and /or
FOSAZ or its designees or agents, and no other public official of City and /or FOSAZ
who exercises any functions or responsibilities with respect to the programs or projects
EXHIBIT 1
covered by this Agreement, shall have any interest, direct or indirect in this Agreement,
or in its proceeds during his /her tenure or for at least one (1) year thereafter.
B. City and FOSAZ certify that no one who has any financial interest in this Agreement or
receives compensation for services from City or FOSAZ 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 FOSAZ' Board to which
these services are to be provided pursuant to this Agreement.
Governing Law
This Agreement shall be governed by the laws of the State of California with venue in
Orange County.
10. 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: Parks, Recreation and Community Services Agency
26 Civic Center Plaza (M -75)
Santa Ana, CA 92701
ATTN: Executive Director
FOSAZ: Friends of the Santa Ana Zoo
1801 E. Chestnut
Santa Ana, CA 92701
ATTN: Executive Director
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 FOSAZ' assistance shall be located on or near the Project site. This sign
may indicate the percentage and /or dollar amount donated by FOSAZ and its donors.
FOSAZ and City shall cooperate in the design and placement of permanent donor
recognition signage for the Project.
EXHIBIT I
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IN WITNESS WHEREOF, the parties hereto have executed this Funding Agreement the date
and year first above written.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Lisa Storck
Assistant City Attorney
CyIll` 1='r. kW1 .'V: \2M1
David Cavazos
City Manager
FOSAZ
FRIENDS OF TIDE SANTA ANA ZOO
Cathi Decker
Executive Director
EXHIBIT 1
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Golden Office
Trailers, Inc.
CITY OF SANTA ANA
PURCHASING DIV, M-16
B.Q. BOX 1968
SANTA ANA, CA 92702
P.Q. Box 669
Wildomar, GA 92596
P) 951- 678.2177
F) 951 -678 -1990
www.goldenofficetrailers.com
SALES
ORDER
Sales Order Number:
05041064
Sales Order Date:
Jan 16, 2014
Ship By:
Feb 1, 2014
Page:
1
SANTA ANA ZOO VETERINARY
1801 E. CHESTNUT AVENUE
SANTA ANA, CA 92701
1.00!LIC
!SOLD IN "AS IS" CONDITION
(STOCK# 20002
SERIAL# 045402 - 1/045402 -2
SIZE: 24X60-63
:LICENSING FEES
RECEIPT OF A FILLED IN
COPY OF THIS AGREEMENT
IS HERESY
ACKNOWLEDGEMENT BY THE
PURCHASERS
Golden fl a Trailers, Inc.
Subtotal
Sales Tax
Freight
` SAL `4RR RzR T mp
W Exhibit 2 --
-MO CRNERNO MIO NI.M619NEU4 9V 11YNJ OFFICER OFTNSOWANY
BY BY
Dennis Tolton - General Manager 20
PAYMENT IN FULL
545.00.
545.00
27,795.00'..
2,180.00'
0.00
STATE OF CALIFORNIA \)`5(NC
BUSINESS, TRANSPORTATION AND HOUSING AGENCY .to
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT ® "„
DIVISION OF CODES AND STANDARDS qk
REGISTRATION AND TITLING PROGRAM 1%oEU�4o
POWER OF ATTORNEY
SECTION I. DESCRIPTION OF UNIT
This unit is a:
7 Manufactured Home /Mobilehome Commercial Modular E] Floating Home ❑ Truck
Camper
The Decal (License) No, (s) of the unit is: _ C U-31-7 5
l •. 0 1 lA n_ 1 A_
The Trade Name of the unit is:
The Serial No. (s) of the unit is:
SECTION ll. APPOINTMENT OF ATTORNEY -IN -FACT
To the Department of Housing and Community Development, and to whom it may concern:
(PRINT FULL NAME)
fLest)
the
(Middle)
first)
M
Mrso p (Middle)
®
do hereby duly appoint the following named person, a lane Mcf+,
to act Via' my attorney in fact, only to sign papers and documents that may be necessary in order to
secure California registration of or to transfer my interest in the above described unit.
SECTION 111, ASSIGNOR'S CERTIFICATION
I agree to guarantee and save harmless the State of California and the Director of Housing
and Community Development from all responsibility which might accrue from the issuance
of California registration or transfer of such unit.
NOTE:. An attorney in fact cannot make an affidavit or certificate of the truth of facts
unknown to him.
Signed Date
Signed
HC61475A,(rmv 0306)
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Date
Date