SANTA CRUZ COUNTYBOARD OF SUPERVISORS INDEX SHEET

Creation Date:

Source Code:

Agenda Date:

I NVENUM:

9/18/13

CAOXX

9/24/13

68341

Resolution(s):

Ordinance(s):

Contract(s): CT33841.01

Continue Date(s):Index: --Letter of CAO dated September 17, 2013

--ADM-29 Contract No CT33841-01 w/Santa Cruz County Veterans Memorial BuildingBoard of Trustees

Item: 15. APPROVED independent contractor agreement in the not-to-exceed amount of$75,000 with the Santa Cruz County Veteran's Memorial Building Board of Trusteesfor the management, operation, and use of the Santa Cruz Veterans MemorialBuilding and approved related actions, as recommended by the CountyAdministrative Officer

004 ,

County of Santa CruzCOUNTY ADMINISTRATIVE OFFICE

701 OCEAN STREET, SUITE 520, SANTA CRUZ, CA 95060-4073

(831)454-2100 FAX: (831)454-3420 TOO: (831)454-2123

SUSAN MAURIELLO, J.D., COUNTY ADMINISTRATIVE OFFICER

September 17,2013

APPRO VED Ai~~mi September 24, 2013BOA.I';~ Stld ERVISORS

DATE -. r;t. 13coi/i' F s.n A CRUZSl S,\: .\íA LRIE LLO~~. c ''&T¡lBOM£) _. ~~'

BOARD OF SUPERVISORSCounty of Santa Cruz701 Ocean StreetSanta Cruz, CA 95060

Veterans Memorial Building Board of Trustees Contract

Dear Members of the Board:

Since 1984, the County has contracted with the Santa Cruz Veterans Memorial Building Boardof Trustees, a California non-profit corporation, for the operation of the Santa Cruz VeteransMemorial Building (VMB) located on Front St. in Santa Cruz. The contract is administered bythe Department of Parks, Open Space, and Cultural Services. As your Board knows, thebuilding was ordered closed on January 21, 2010, immediately after staff received informationthat the building was structurally weak and subject to collapse in an earthquake.

On March 23,2010 your Board received a status report on the closure of the Veteran's MemorialBuilding due to potential life safety issues with its structure. At that time it was reported that theCounty presented written termination of the existing agreement to the Veterans MemorialBuilding Board of Trustees (VBOT), pursuant to Section 13.0.1 of the contract. The terminationwas effective April 2, 2010. The Veterans groups who had occupied the VMB were temporarilymoved to space at 1040 Emeline in order to continue their work on behalf of the veterans in thecommunity during the closure period.

Structural improvements on the Veterans Memorial Building are nearing completion andexpected this fall. The County wil once again contract with the Santa Cruz Veterans MemorialBuilding Board of Trustees for the management, operation and use of the VMB.

Staff is proposing that a new independent contractor agreement be executed with the VBOT forthe period of September 24,2013 through June 30, 2014 at the not to exceed amount of$75,000.Funding in the amount of$36,252 was included in the fiscal year 2013-14 budget and unusedfunding from fiscal year 2012-13 in the amount of $40,975 has been carried forward to supportthe VBOT in this transition year only.

SERVING THE COMMUNITY - WORKING FOR THE FUTURE 11

0042

Board of SupervisorsAgenda: September 24,2013

Page 2

It is anticipated that the rental income from the VMB wil nearly fully support the ongoingexpenses of the management, operation and use of the building in future fiscal years. A copy ofthe Independent Contractor Agreement, Statement of Work / Special Conditions and Budget isattached for your review.

It is therefore recommended that your Board take the following actions:

1. Approve the independent contractor agreement with the Veterans Memorial BuildingBoard of Trustees for the management, operation and use of the Santa Cruz VeteransMemorial Building located at 846 Front Street in Santa Cruz, CA for FY 13-14;

2. Authorize the Assistant Director of Public Works, Parks Division sign the agreement onbehalf of the County; and

3. Request the Auditor to release the one-time cash advance in the amount of$18,750 forrelated transition expenses as outlined in paragraph 2 of the attached contract.

Very truly yours,

~~a~SUSAN A. MAURIELLOCounty Administrative Officer

cc: Department of Public Works, Parks DivisionCounty Counsel

-15 SERVING THE COMMUNITY - WORKING FOR THE FUTURE

TO: Bo Qf 5u vlco Aâlnls omAuit Coll

AGREMEN TY (Ch On)

0043

COUNT OF SAA CRUZREQUES FOR APPROVAL OF AGREEMENT

~: Department of Public Works, Parks Divisio~.~)/ i l,/ ($/ IBY: (/ / ~W-tA. ::~ ~ (k~ (Sl) (1/ 3 / (DI)

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1. Said a9 Isbe th Count.t0f Santa Cruz, Dept. of Public '.Jorks, Parks Divi~Ag)~ Santa Cruz County Veterans Memorial Building Board of Trustees (N~~)

for the management, operation and use of the Veterans Hemorial Building,2. TI ¡a wm pr "located at 846 Front Street, Santa Cruz, CA, by Veterans and the public.

"3. Peofth~tlsfr September 10, 2013 to June 30, 2014

4. An~ Cot Is $ not-to-exceed $ 75,000 0 Axed 0 Mothy Ra OAnnu Ra tí No to Excontract includes rebudgeted FY 12-13 funding in the amount of $40,975Re:

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Contract No. CT33841 0044

INDEPENDENT CONTRACTOR AGREEMENT(Non-Profit)

This Agreement is entered into this 24 day of September, 2013, by and between the COUNTY OFSANTA CRUZ, hereinafter called COUNTY, and Santa Cruz County Veterans Memorial Building Board ofTrustees hereinafter called CONTRACTOR. The parties agree as follows:

1. DUTIES. CONTRCTOR agrees to exercise special skil to accomplish the followingresults: management, operation and use of the Santa Cru County Veterans Memorial Building (SCCVM)at 846 Front Street for the County of Santa Cru Deparent of Public Works / Parks Division consistent withthe attched Statement of Work / Special Conditions, which by this reference is incorporated into thisAgreement.

2. COMPENSATION. In consideration for CONTRACTOR accomplishing said result,COUNTY agrees to pay CONTRACTOR as follows: Payment not to exceed $75,000 processed for paymentquarterly after receipt of invoice, and approval of COUNTY per approved budget.

CONTRACTOR may receive a one-time cash advance of up to one quarer of the total contract amount forexpenses necessar under this agreement. Prior to granting an advance CONTRACTOR must submit awritten request detailing the need for an advance, including an expenditue and revenue report form providedby the COUNTY and evidence that the contract activities canot be effectively caried out without theadvance. Such evidence shall consist of a curent balance sheet, cash flow or profit and loss statement or otherdocumentation which adequately supports the request. Advances must be approved in writing by COUNTY.CONTRACTOR shall not use an advance to provide working capital for expenses other than those in theapproved budget.

In consideration of services rendered, COUNTY shall pay CONTRACTOR on the basis of appropriatequarerly claims submitted to Deparent of Public Works / Parks Division in accordance with budget,incorporated herein by reference. Requests for payment shall be submitted on expenditue and revenue reportforms provided by the COUNTY for any payments made under this agreement.

A request for final contract payment shall be provided to COUNTY no later than July 15 each year.CONTRACT must account for all revenues, expenditues or any advance as part of this final fiscal yearreport. All unused funds, including the unused portions of revenues or any advance or interest on any advanceshall be returned to COUNTY at that time and shall be placed in the trst fund for the maintenance,operations and improvements to the SCCVM.

It is the intent of the paries that payment for the management, operation and use of the Santa Cruz CountyVeteras Memorial Building wil, over time, reduce the County's costs for operation of the SCCVM. Thiswill occur over a period of years beyond the term of this agreement. This will be possible as a result ofrevenues generated under this agreement and any extension thereof. This transition will be phased in tomaximize the use of the facility, minimize the need for COUNTY contributions over time and to ensure thesuccess of the paries in their efforts to fulfill their obligations hereunder.

3. TERM. The term of this Contrct shall be: July 1,2013 though June 30, 2014.

4. EARY TERMATION. Either part hereto may terminate this Contrct at any time bygiving thir (30) days written notice to the other part.

-i ~VISED 9/10

1

0045

5. INEMNICATION FOR DAMAGES, TAXS AN CONTRIUTIONS.CONTRACTOR shall exonerate, indemnify, defend, and hold hanless COUNTY (which for the purpose ofSections 5 and 6 of this document shall include, without limitation, its offcers, agents, employees andvolunteers) from and against:

A. Any and all claims, demands, losses, damages, defense costs, other legal costs, or liability ofany kind or natue which COUNTY may sustain or incur or which may be imposed upon it at any time forinjury to or death of persons, or damage to propert as a result of, arising out of, or in any manner connectedwith the CONTRACTOR'S performance under the terms of this Contract, excepting any liability arsing outof the sole negligence of the COUNTY. Such indemnification includes any damage to the person(s), orpropert(ies) of CONTRACTOR and third persons.

B. Any and all Federal, State and Local taes, charges, fees, or contributions required to be paidwith respect to CONTRACTOR and CONTRACTOR'S officers, employees and àgents engaged in theperformance of this Contract (including, without limitation, unemployment insurance, social security andpayroll ta witholding).

6. INSURCE. CONTRACTOR, at its sole cost and expense, for the full term of thisContract (and any extensions thereof), shall obtain and maintain, at minimum, compliance with all of thefollowing insurance coverage(s) and requirements. Such insurance coverage shall be primar coverage asrespects COUNTY and any insurance or self-insurance maintained by COUNTY shall be considered inexcess of CONTRACTOR'S insurance coverage and shall not contrbute to it. If CONTRACTOR normallycaries insurance in an amount greater than the minimum amount required by the COUNTY for this Contract,that greater amount shall become the minimum required amount of insurance for purposes of this Contract.Therefore, CONTRACTOR hereby acknowledges and agrees that any and all insurances caried by it shall bedeemed liability coverage for any and all actions it performs in connection with this Contract.

If CONTRACTOR utilizes one or more subcontractors in the performance of this Contract,CONTRACTOR shall obtain and maintain Independent Contractor's Insurance as to each subcontractor orotherwise provide evidence of insurance coverage from each subcontractor equivalent to that required ofCONTRACTOR in this contract, unless CONTRACTOR and COUNTY both intial here _ /

A. Types of Insurance and Minimum Limits

(i ) Worker's Compensation in the minimum statutorily required coverage amounts. This

insurance coverage shall be required unless the CONTRCTOR has no employees and certifies to this fact byinitialing here

(2) Automobile Liability Insurance for each of CONTRACTOR'S vehicles used in theperformance of this Contrct, including owned, non-owned (e.g. owned by CONTRACTOR'S employees),leased or hired vehicles, in the minimum amount of $500,000 combined single limit per occurrence for bodilyinjur and propert damage. This insurace coverage is required unless the CONTRACTOR does not drive avehicle in conjunction with any part of the performance of this Contract and CONTRACTOR and COUNTYboth certify to this fact by initialing here _ / _'

(3) Comprehensive or Commercial General Liability Insurance coverage in the minimum

amount of $1,000,000 combined single limit, including coverage for: (a) bodily injur, (b) personal injur, (c)broad form propert damage, (d) contractual liability, and (e) cross-liability.

(4) Professional Liability Insurance in the minimum amount of $

combined single limit, if, and only if, this Subparagraph is initialed by CONTRCTOR and COUN

REVISED 9/10 2 15

0046/-B. Other Insurance Provisions

(l) If any insurance coverage required in this Contract is provided on a "Claims Made"

rather than "Occurence" form, CONTRACTOR agrees to maintain the required coverage for a period ofthee (3) years after the expiration of this Contract (hereinafter "post Contract coverage") and any extensionsthereof. CONTRACTOR may maintain the required post Contract coverage by renewal or purchase of prioracts or tail coverage. This provision is contingent upon post Contract coverage being both available andreasonably affordable in relation to the coverage provided during the term of this Contract. For purposes ofinterpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term ofthis Contract in order to purchase prior acts or tail coverage for post Contract coverage shall be deemed to bereasonable.

(2) All required Automobile and Comprehensive or Commercial General LiabilityInsurance shall be endorsed to contain the following clause:

"The County of Santa Cru,. its offcials, employees, agents and volunteers are added as anadditional insured as respects the operations and activities of, and on behalf of, the named insured'sperformance under its/his/her/their contract with the County of Santa CruZ."

(3) If any insurance policy of CONTRACTOR required by this document includeslanguage conditioning the insurer's legal obligation to defend of indemnify COUNTY on the performance ofany act(s) by the named insured, then said insurance policy, by endorsement, shall also name the County ofSanta Cruz as a named insured. Notwithstanding the foregoing, both the CONTRACTOR and its insurersagree that by naming the County of Santa Cru as a named insured, the COUNTY may at its sole direction,but is not obligated to, perform any act required by the named insured under said insurance policies.

(4) CONTRACTOR shall do all things required to be performed by it pursuant to itsinsurance policies including but not limited to paying within five (5) work days, all deductibles and self-insured retentions (SIR) required to be paid under any insurance policy that may provide defense or indemnitycoverage to COUNTY or any additional insured.

(5) All required insurance policies shall be endorsed to contain the following clause:

"This insurance shall not be canceled until after thirt (30) days prior written notice has been given to:

Santa Cruz CountyDepartment of Public Works / Parks DivisionAttn: Betsey Lynberg979 17th AvenueSanta Cruz, CA 95062.

(6) CONTRACTOR agrees to provide its insurance broker(s) with a full copy ofthese insurance provisions and provide COUNTY on or before the effective date of this Contract withCertificates of Insurance for all required coverages. All Certificates of Insurance shall be delivered orsent to:

Santa Cruz CountyDepartment of Public Works / Parks DivisionAttn: Betsey Lynberg97917th AvenueSanta Cruz, CA 95062

e.~ED9/10 3

7. EQUAL EMPLOYMNT OPPORTUNITY.performance of this Contract, CONTRACTOR agrees as follows:

0047During and in relation to the

A. The CONTRACTOR shall not discnminate against any employee or applicant foremployment because of race, color, religion, national ongin, ancestr, physical or mental disability,medical condition (cancer related), marital status, sexual orientation, age (over 18), veteran status, gender,pregnancy, or any other non-merit factor unrelated to job duties. Such action shall include, but not belimited to, the following: recruitment, advertising, layoff or termination, rates of payor other forms ofcompensation, selection for training (including apprenticeship), employment, upgrading, demotion, ortransfer. The CONTRACTOR agrees to post in conspicuous places, available to employees andapplicants for employment, notice setting fort the provisions of this non-discnmination clause.

B. If this Contract provides compensation in excess of $50,000 to CONTRACTOR and if

CONTRACTOR employees fifteen (15) or more employees, the following requirements shall apply:

(1) The CONTRACTOR shall, in all solicitations or advertisements for employeesplaced by or on behalf of the CONTRACTOR, state that all qualified applicants wil receive considerationfor employment without regard to race, color, religion, national ongin, ancestr, physical or mentaldisability, medical condition (cancer related), marital status, sexual orientation, age (over 18), veteranstatus, gender, pregnancy, or any other non-ment factor unrelated to job duties. Such action shall include,but not be limited to, the following: recruitment; advertising, layoff or termination, rates of payor otherforms of compensation, selection for training (including apprenticeship), employment, upgrading,demotion, or transfer. In addition, the CONTRACTOR shall make a good faith effort to considerMinoritylWomen/isabled Owned Business Enterprises in CONTRACTOR'S solicitation of goods andservices. Definitions for MinoritylWomen/isabled Business Enterprises are available from theCOUNTY General Services Purchasing Division.

(2) In the event of the CONTRCTOR'S non-compliance with the non-discrimination clauses of this Contract or with any of the said rules, regulations, or orders saidCONTRACTOR may be declared ineligible for further contracts with the COUNTY.

(3) The CONTRACTOR shall cause the foregoing provisions of subparagraphs7B(1) and 7B(2) to be inserted in all subcontracts for any work covered under this Contract by asubcontractor compensated more than $50,000 and employing more than fifteen (15) employees, providedthat the foregoing provisions shall not apply to contracts or subcontracts for stadard commercial suppliesor raw materials.

8. INEPENDENT CONTRACTOR STATUS. CONTRACTOR and COUNTY havereviewed and considered the principal test and secondar factors below and agree that CONTRACTOR isan independent contractor and not an employee of COUNTY. CONTRACTOR is responsible for allinsurance (workers compensation, unemployment, etc.) and all payroll related taes. CONTRACTOR isnot entitled to any employee benefits. COUNTY agrees that CONTRACTOR shall have the nght tocontrol the maner and means of accomplishing the result contracted for herein.

PRICIPAL TEST: The CONTRACTOR rather than COUNTY has the right to control themaner and means of accomplishing the result contracted for.

SECONDARY FACTORS: (a) The extent of control which, by agreement, COUNTY mayexercise over the details of the work is slight rather than substantial; (b) CONTRACTOR is engaged in adistinct occupation or business; (c) In the locality, the work to be done by CONTRACTOR is usuallydone by a specialist without supervision, rather than under the direction of an employer; (d) The skillrequired in the paricular occupation is substatial rather than slight; (e) The CONTRACTOR rather than

REVISED 9/1 0 4t4- )5

0048

the COUN supplies the instrmentalities, tools and work place; (f) The length of time for whichCONTRACTOR is engaged is of limited duration rather than indefinite; (g) The method of payment ofCONTRACTOR is by the job rather than by the time; (h) The work is par of a special or permissiveactivity, program, or project, rather than par of the regular business of COUNTY; (i) CONTRACTORand COUNTY believe they are creating an independent contractor relationship rather than an employer-employee relationship; and G) The COUNTY conducts public business.

It is recognized that it is not necessar that all secondar factors support creation of an

independent contractor relationship, but rather that overall there are significant secondar factors thatindicate that CONTRACTOR is an independent contrctor.

By their signatures on this Contract, each of the undersigned certifies that it is his or herconsidered judgment that the CONTRACTOR engaged under this Contract is in fact an independentcontractor.

9. NONASSIGNMNT. CONTRACTOR shall not assign the Contract without the priorwritten consent of the COUNTY.

10. ACKNOWLEDGMENT. CONTRACTOR shall acknowledge in all reports andliterature that the Santa Cru County Board of Supervisors has provided funding to the CONTRACTOR.

11. RETENTION AN AUDIT OF RECORDS. CONTRACTOR shall retain recordspertinent to this Contract for a period of not less than five (5) years after final payment under thisContract or until a final audit report is accepted by COUNTY, whichever occurs first. CONTRACTORhereby agrees to be subject to the examination and audit by the Santa Cruz County Auditor-Controller,the Auditor General of the State of California, or the designee of either for a period of five (5) years aferfinal payment under this Contract.

12. PRESENT A nON OF CLAIS. Presentation and processing of any or all claimsarising out of or related to this Contract shall be made in accordance with the provisions contained inChapter 1.05 of the Santa Cru County Code, which by this reference is incorporated herein.

13. ATTACHMENTS. This Contract includes the following attachments:

Statement of Work / Special Conditions / Exhibit ABudget

14. LIVG WAGE. This Contract is covered under Living Wage provisions if this section isinitialed by COUNTY

If Item # 14 above is initialed by the COUN, then this Contract is subject to the provisions ofSanta Cru County Code Chapter 2.122, which requires payment of a living wage to covered employees (perCounty Code Chapter 2.122.050, non-profit contractors are exempt from the living wage rate requirement ofthis chapter, but are not exempt from, and must adhere to, the "non-wage" related requirements of CountyCode Chapter 2.122.100,2.122.130, and 2.122.140, as well as all other applicable portions of County CodeChapter 2.122). Non-compliance with these Living Wage provisions durng the term of the Contract wil beconsidered a material breach, and may result in termination of the Contract and/or pursuit of other legal oradministrative remedies.

CONTRACTOR agrees to comply with Santa Cruz County Code section 2.122.140, if applicable.

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0049

15. NON-PROFIT CONTRACTOR MISCELLANOUS REQUIMENTS. Thefollowing requirements shall be met, in addition to any other requirements ofthis Contract:

A. WEB LINKS - If a non-profit CONTRACTOR has an organzational web site, itshall be a requirement of ths Contract to provide links to the HelpSCC(ww.helpscc.org), Santa Cru County Governent (ww.co.santa-cru.ca.us), andWorkforce Santa Cru County (ww.workforcescc.com) web sites.

16. MONITORIG PROGRA FOR 50l(c)(3) NONPROFIT AGENCIES. Each of thefollowing requirements shall be met, in addition to any other requirements of this Contract.

A. Within 180 days of the end of each of the CONTRACTOR'S fiscal years occurg during

the term of this Contract, the CONTRACTOR shall provide the Contract Administrator withtwo copies of Financial Statements relating to the entirety of the CONTRACTOR'Soperations. Financial statements normally include: (l) a Statement of Financial Position orBalance Sheet; (2) a Statement of Activities or Statement of Revenues and Expenses; (3) aCash Flow Statement; and (4) a Statement of Functional Expenses. The ContractAdministrator wil forward one copy of the financial statements to the Auditor-Controller.

(1) For the puroses of this paragraph, "CONTRACTOR'S fiscal year" shall be that periodthe CONTRACTOR utilizes for its anual budget cycle.

(2) The Contract Administrator with concurrence of the County Auditor-Controller mayagree to extend the deadline for the Financial Statements required by this paragraph.

B. In the sole discretion of the County, the requirements of this paragraph may be exemptedwhere the Contrct Administrator and the County Auditor-Controller ascertin that suchreporting is not essential, and both certify to its inapplicability by initialing here(Aud); _ (CA).

C. The CONTRACTOR shall make a good faith effort to provide the Contrct Administratorwith timely notice of any event or circumstance that materially impairs theCONTRACTOR'S financial position or substatially interferes with the CONTRACTOR'Sability to offer the services it has agreed to provide as set forth in this Contract. The ContractAdministrator shall notify the Auditor-Controller of any impairent upon being notified bythe contractor.

D. For audit authority of the Auditor-Controller refer to the paragraph on "Retention and Auditof Records."

17. MISCELLANOUS. This written Contract, along with any attachments, is the full andcomplete integration of the parties' agreement forming the basis for this Contract. The paries agree that thiswritten Contract supersedes any previous written or oral agreements between the paries, and anymodifications to this Contract must be made in a written document signed by all paries. Any arbitration,mediation, or litigation arising out of this Contrct shall occur only in the County of Santa Cru,notwithstading the fact that one of the contracting parties may reside outside of the County of Santa Cruz.

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IS

IN WITNSS WHREOF, the parties hereto have set their hands the day and year first above written.

1. Santa Cruz County Veterans MemorialBuilding Board of TrusteesB~""CZ~~GNE 7

A/..a.'! ,4. Ilea,. e 'JPRl

Company Name: sec: VJ-BB'Di

Address: fJÐ. 3D)' 130'3

S Q.'" le C~v 7-. C-t\ 95Ò6 JTelephone: (83Ò 33i.-7°7'

00503. COUNTY OF SANTA CRUZ

By: f---~obr- VA¿ c;\~\.bl-PRl

Fax:

Email: lt h.eClIt-E'j ~ G f'iQ.i / , CbM

2. APPROVED AS TO INSURCE: ~. APPROVED As:i;dRM:

~1Cc'-~ounselDISTRIUTION:

. Deparent of Public Works, Parks Division

. Auditor-Controller

. Risk Management

. Santa Cruz County Veterans Memorial Building Board of Trustees

M?VISED 9/10is 7

STATEMENT OF WORK / SPECIA CONDITIONS0051

Facilty Information

The Santa Cruz County Veterans Memorial Building (SCCVM) located at 846 Front Street, Santa Cruz, CA,APN 005-052-25, and is registered as an Historical Building. The facility has two stories above ground and abasement. The approximate square footage is 6,864 for basementlunker, 7,254 for first floor / Auditoriumand 5,024 for the second floor / mezzine for a total of 19,142 square feet. The Santa Cru VeteransMemorial Building was formally dedicated in 1932 as a memorial to "honor those who served during time ofwar."

Operational PurposeThe SCCVM is operated and maintained for the pricipal purose of veterans' affairs and provision ofadministrative and clerical office space for COUNTY personnel employed to administer veterans' benefitsprograms. The SCCVMB is also defined as a community recreation and cultual center serving publicfunctions that are deemed appropriate under the SCCVM Facility Rules and Regulations, COUNTYordinances, and State and City of Santa Cruz rules and regulations. Recreation and cultural affairs are not tointerfere with the principal purose of serving veterans and scheduled veteran's events.

Physical Limitations of Statement of Work / Special ConditionsThe terms, conditions and performance of this Statement of Work / Special Conditions shall be limited asfollows:

. This Statement of Work / Special Conditions shall extend to but not beyond the propert boundariesof APN 005-052-25; and

. This Statement of Work / Special Conditions shall include all three levels of the SCCVM and allsuch levels shall be subject to this Statement of Work / Special Conditions except for the areasoccupied by the COUNTY.

Occupancy LevelsMaximum occupancy shall be determined by the Fire Marshall. COUN shall supply maximum occupancylevels to the CONTRACTOR. During all business hours and in conjunction with any rental use of thepremises the occupancy shall not exceed the maximum determined by the Fire Marshall. At all times theCONTRACTOR shall monitor and document the occupancy leveL. Information regarding the occupancy shallbe given to any Law Enforcement Officer or Fire Inspector on demand.

County as Owner and TrusteeCOUNTY is the owner and the Trustee of the SCCVMB and is responsible for the SCCVMB and has thefinal authority over decisions, policies and regulations made regarding the operation, maintenance, use,budget, capital outlays, and related decisions regarding the SCCVMB. Nothing in this Statement of Work /Special Conditions shall limit the authority of the COUNTY. CONTRACTOR shall permit COUNTY andits agents to enter the into and upon the premises of the SCCVM at all reasonable times which shall bedefiped as normal business hours, except in the case of an emergency which shall be defined as anytime.

Fixed Assets

All fixed assets, as defmed by COUNTY procedures and policies, purchased under this Statement of Work /Special Conditions shall become the propert of the COUNTY.

RevenuesAll revenues generated under this Statement of Work / Special Conditions though the rental of the SCCVMshall be used to pay for the reasonable costs of operating, managing, carg for and maintaining the SCCVMBper the approved anual budget. Revenues which are generated in excess of CONTRACTOR'S approved andeligible expenses and costs shall be remitted to COUNTY and placed in a trst fud for future management,REVISED 9/13 1

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care, maintenance and improvements made to the SCCVM. The paries agree to meet to discuss the use ofthe trst funds for recommended projects or improvements and shall attempt to reach agreement on such

recommendations.

Recommendations should be controlled by established COUNTY priorities for the SCCVM. Final discretionon how to spend the trst funds for the operation, maintenance, care and maintenance of the SCCVM shallrest with the Santa Cruz County Board of Supervisors, who shall consider the recommendations of theCONTRACTOR and the County Administrative Offcer in determining how to expend such funds. In theevent that the CONTRACTOR ceases to exist, or the agreement with the COUNTY is terminated, the SantaCruz County Board of Supervisors agrees trst funds shall be used only for the management, care,maintenance and improvements made to the SCCVM.

Accounts, Records and AuditsCONTRACTOR shall establish a separate identifiable bank account for all funds provided to theCONTRACTOR by COUNTY and all revenues generated by CONTRACTOR though the rental of theSCCVMB in any manner and any interest eared or advances paid by the COUNTY. No other monies shallbe deposited or comingled with this account. All funds deposited shall become revenues generated, no mattertheir source. CONTRACTOR shall not have the nght to pledge or withdraw the revenues generated under thisStatement of Work / Special Conditions in any maner except for approved budgeted expenses for theoperation, care and maintenance of the building, unless approved by COUNTY in writing. Funds may onlybe used for operational expenses associated with the SCCVM.

Refundable deposits acquired as a result of rental agreements and/or grant funding or other revenues to bedirected to programatic expenses shall be kept in an account separate from operational expenses andrevenues as defined above.

CONTRACTOR must make and maintain books and records in a form which conforms to generally acceptedaccounting principles, detailing all costs and expenditures paid or incurred, and income or revenues receivedor eared from activities engaged in connection with this Statement of Work / Special Conditions.

In the event that CONTRACTOR fails to provide adequate records per sections 11 and 16 of the Independentcontractor Agreement, COUNTY shall perform or cause to be performed an audit of the books and records ofthe CONTRACTOR at the CONTRACTOR's expense.

CONTRACTOR agrees to accept responsibility for receiving, replying to and/or complying with any auditexceptions by appropriate independent, County, State or Federal audit agencies occuring as a result of itsperformance of the agreement. CONTRACTOR shall be solely responsible for payment of those costs andexpenses which are disallowed by appropriate independent, County, State or Federal audit agencies, as aresult of audits conducted by those agencies.

Superior Court Order Number 96129 and amendmentsThe terms and conditions and the performance of services and use of the SCCVMB under this Statement ofWork / Special Conditions shall be in compliance with and Superior Cour Order number 96129 datedJanuar 29, 1990 and amendments to that order dated August 1, 1994, included by reference and incorporatedherein.

Additional Responsibilties of the PartesAdditional Responsibilities of the paries to this Statement of Work / Special Conditions are as follows:

A. Disputes. CONTRACTOR shall act to mediate disputes between veterans organizationsconcerning the use of the SCCVM or alleged non-compliance with the rules and regulationsadopted or approved by the Board of Supervisors for the management, operations and use of the

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SCCVM in accordace with procedures established by the CONTRACTOR and which mayinclude provisions for decisions to be made by third par arbitrators.

B. United Veterans CounciL. CONTRACTOR shall allow the United Veterans Council (UVC) toappoint a non-voting member to the CONTRACTOR's Board of Directors to inform theCONTRACTOR of the needs and requirements of the UVC. In addition, the UVC may nominateprospective board members to the CONTRACTOR's Board of Directors.

C. Veterans Service Offcer. CONTRACTOR shall allow the County Veterans Service Officer to sitas a non-voting member on the CONTRACTOR's Board of Directors. CONTRACTOR shallallow COUNTY the full use and enjoyment of its offces in the SCCVM for Veterans ServicesOfficers and related staff and shall not interfere with COUNTY's use of these facilities.COUNTY shall also be permitted unrestricted access to rest room facilities.

Compliance with Applicable Laws and Associated RequirementsCONTRACTOR shall comply with all applicable laws, ordinances, codes and requirements of the Federal,

State, County and City of Santa Cruz governents and shall obtain any and all necessar permits, licenses,approvals and inspections that are required in caning out any activities under this Statement of Work /Special Conditions.

CONTRACTOR shall insure that all persons, organizations, and agencies that make application to use theSCCVM comply with all applicable laws, ordinances, codes and requirements ofthe Federal, State, Countyand City of Santa Cru governents and with all licensing and permitting conditions prior to issuance of a useagreement with the CONTRACTOR. Such a use permit wil include an Assumption of Liability, Waiver andIndemnity statement (see Exhibit A).

The SCCVM is owned by COUNTY and has been designated as a non-smoking facility. CONTRACTORshall be responsible and shall ensure that all SCCVMB users comply with the COUNTY non-smokingordinance.

The SCCVM is a registered historical building and is subject to all applicable Federal, State, and Countylaws and guidelines regarding any alterations to historical buildings. CONTRACTOR shall be responsible forenforcing these rules and regulations.

CONTRACTOR shall allow the Fire Marshall or other COUNTY inspectors to conduct annual inspections forbuilding and fire safety. CONTRACTOR shall be responsible to correct any non-structural deficienciesidentified in the inspection report(s) and to enforce any fire and building safety related management issues.

CONTRACTOR shall inorm all persons, organizations, and agencies caring out events at the SCCVM ofthe applicability of the City of Santa Cruz admissions ta and CONTRACTOR shall be responsible forverification that such taes were collected where required by the City of Santa Cru ordinance.

The County Health Officer requires that the SCCVMB kitchen facilities, located in the lower level (bunker)are limited in use to the preparation of food for consumption by veterans only. The kitchen facilities canotbe used for the consumption of food by the public unless the food has been prepared in an off-site facility andonly served at the facility, unless the kitchen is subsequently upgraded and issued a commercial use permit.All food preparation activities shall be in compliance with the California Health and Safety Code and Countyand City of Santa Cru ordinances. Kitchen use shall be controlled exclusively by the CONTRACTOR whoshall be responsible for compliance with Superior Court Order 96129, all applicable laws, rules andregulations.

REVISED 9/13 3

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0054

Except as identified in Superior Court Order 96129, facility use must comply with the State of CaliforniaAlcohol Beverage Control regulations. Users of the SCCVM by third parties who may rent the facility fromthe CONTRACTOR and wish to serve alcohol must obtain the applicable permit. Under the applicablepermit and regulations only those alcoholic beverages with an alcohol content of less than twelve percent(12%) or less shall be allowed to be served or consumed in the SCCYM (wine, champagne and beer areacceptable). Intoxicated individuals shall not be allowed to remain on the premises. CONTRACTOR shallbe responsible for enforcing these rules and regulations.

Any live entertinent or other amplified sound must not be in excess of that permitted by the City of Santa

Cru, County of Santa Cruz and State regulations. An applicable permit must be obtained for amplifiedsound for users of the SCCVM who rent the facility from the VBOT. CONTRACTOR shall be responsiblefor enforcing these rules and regulations.

Events and activities scheduled at the SCCVMB shall not contribute to littering of or loitering in areasadjacent to the SCCVM. CONTRACTOR shall be responsible for enforcing these rules and regulations.

The SCCVMshall be used only in a maner which is fully consistent with state and local building codes.COUNTY and CONTRACTOR shall be responsible for enforcing these rules and regulations.

Overnight sleeping is prohibited in the SCCVM. CONTRCTOR shall be responsible for enforcing thisrule.

Scheduling and Use of FacilityThe primar use of the SCCVMB is for veterans affairs. THE SCCVM is also used as a communityrecreation and cultual center. Recreation and cultual activities are not to intedere with the primar use ofserving veterans and scheduled veterans' events. CONTRACTOR shall establish reasonable rules andregulations, approved by COUNTY in writing, that wil ensure the safe and orderly use of the SCCVM andmay regulate, prohibit or cancel, with no refund of fees, any activities which are ilegal hazdous, endangerthe propert or are contrar to or disallowed by Federal, State, County and City of Santa Cru codes orordinances.

CONTRACTOR is solely responsible for the scheduling and coordinating the use of the SCCVM, inaccordance with Superior Court Order 96129, which shall include all thee levels of the facility exceptCOUNTY offices located on the first floor.

CONTRACTOR shall establish days and hours of operation for the SCCVM.

CONTRACTOR shall provide scheduled priority use of the facility to Santa Cru County veterans'organizations, per the established rules and regulations.

CONTRACTOR shall allow COUNTY schedule priority use of the facility for offcial County businesswithout charge after Santa Cruz County veterans' organizations, per the established rules and regulations.

CONTRACTOR shall set rates for the use ofthe SCCVMB. Rate schedules wil be approved by the Board ofSupervisors and incorporated into the Unified Fee Schedule, as adopted by the COUNTY. Rate changesshould be submitted to COUNTY by October 15 and/or March 15 for inclusion in the Unified Fee Schedule.CONTRACTOR shall insure that no other persons, organizations or agencies cause a fee to be charged orcollect a fee for the use of the SCCYM, unless accomplished pursuant to an approved agreement withCOUNTY.

REVISED 9/13- 4

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0055

CONTRACTOR shall not make, or allow any persons, organizations or agencies to make, any alterations,additions or improvements to the strctual, electrical, plumbing, and/or heating and ventilation systems

without a prior written approval by COUNTY.

CONTRACTOR may subcontract the scheduling and maintenance of the building with the prior approval ofthe County.

Fiscal ResponsibiltiesCONTRACTOR agrees to provide staff and bear the costs of appropriate staffing for the care, maintenanceand management of the SCCVM. Stang must provide for the building security and its safe andcomfortble use by veterans and the public.

CONTRACTOR shall pay for the following services as identified in the approved budget:Janitorial services and supplies for all of the SCCVM, including maintaining the restrooms in such a manneras to comply with COUNTY Health codes. COUNTY offices shall be excluded from this provision.Utilities (gas, water, electricity, internet, telephone and refuse disposal). COUNTY offices shall be excludedfrom this provision. COUNTY shall be responsible for developing an appropriate formula to separate theutility costs for the operations of the COUNTY and CONTRACTOR and provide for the proper accounting oftheir respective utility costs. The formula should tae into consideration square footage as well as typicalhours of operations and use by COUNTY, CONTRCTOR and or CONTRACTOR's renters.

CONTRACTOR shall provide for building securty, including but not limited to routine inspections ofthebuilding security alar system to provide uninterrpted alar service. CONTRACTOR shall be responsiblefor the costs associated with the uninterrpted alar service including alar response, maintenance andservice.

CONTRACTOR shall provide adequate building security for persons, organizations, agencies and events dueto the rental ofthe facility. CONTRACTOR shall include such costs in the terms and conditions of the rentalagreement. CONTRACTOR shall make reasonable efforts to comply with City of Santa Cruz requests forsecurity.

CONTRACTOR shall be responsible to payor cause to be paid by third par users any occupancy ta,admissions ta or similar taes required by the City of Santa Cruz for the use of the SCCVMB as well as alllicense and permit fees associated with the use of the SCCVM.

CONTRACTOR shall payor cause to be paid any fines, penalties or interest for non-payment of allresponsible costs. Such costs cannot be paid by funds generated under this agreement.

Maintenance, Repair, Fixed Assets and InspectionsCONTRACTOR shall perform and bear the costs of all minor and/or routine maintenance and repair of theSCCVMB required for the daily operation of the facility and shall tae actions recommended by theCOUNTY Director of General Services concerning the upkeep of the facility,

COUNTY and CONTRACTOR shall bear the costs of major maintenance and repair for the normal andcustomar degradation and failure of the facility and its infrastrcture, all upgrades, remodels and ADAimplementation, except for work performed by COUNTY on strctural improvements which necessitated theclosure of the building in Januar, 2010. Major maintenance may include roofleaks, strctual problems,plumbing and electrical within walls, HV AC systems and related building equipment. Scheduling of majorrepair work shall be done in as effcient a maner as is reasonably possible given COUNTY budgetaconstraints and the availability of resources in the maintenance trst fud. COUNTY shall coordinate allmajor maintenance repair and improvements. COUNTY shall inform CONTRACTOR at least five days in

REVISED 9/13 5~

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advance, except in emergencies, of the scheduling of repairs or maintenance that may interfere with theCONTRACTOR's management, operation and other scheduled uses of the facility.

COUNTY shall bear the cost of an elevator service agreement for the routine inspection, service andmaintenance of the elevator within the facility.

CONTRACTOR shall bear the costs of non-routine service, minor and major repairs to the facility (includingelevator) caused by or though the negligence of the CONTRACTOR or by persons, organiztions or agenciesauthorized to use the facility by the CONTRACTOR.

CONTRACTOR shall require all individuals and organizations using the facility to identify in wrting theirrespective assets and personal propert being used or stored within the building within sixt (60) days afterthe execution of this agreement or occupancy ofthe facility, whichever comes last. All other fixed assets arethe propert of COUN.

CONTRACTOR shall provide written notification to the paries if any fixed assets and/or personal itemsidentified in the inventory set forth above are unecessar to the proper functioning of the facility and directthat such items shall be removed from the facility.

CONTRACTOR shall insure that veterans' memorabilia, including ceremonial weapons, are properly storedand secure from public use or access. Ceremonial guns stored in the facility must be stored in an appropriategun safe.

CONTRACTOR shall complete an anual inventory of the fixed a.ssets located in the facility in a mannerprescribed by COUNTY and submit a copy to the COUNTY.

CONTRACTOR shall account for COUNTY assets which are lost or stolen, destroyed or become inoperative.Disposal of COUNTY assets shall be done in accordance with COUNTY guidelines.

COUNTY and CONTRACTOR shall conduct ajoint inspection of the facility prior to occupancy by veteransorganizations to verify the overall condition of the facility and identify any maintenance issues. COUNTYshall provide CONTRACTOR with a copy of the waranty for work performed on structural improvementswhich necessitated the closure of the building in Januar, 2010.

COUNTY and CONTRACTOR shall complete an anual inspection of the facility to determine the overallcondition of the facility. COUNTY shall provide CONTRACTOR with a written report within thir (30)days of inspection that shall specify any necessar corrective action(s) to be taken by CONTRACTOR.

Hazrdous MaterialsCONTRACTOR shall not cause or permit any toxic or hazdous material, as defined or regulated by the Cityof Santa Cru, COUNTY, State and/or Federal governental entities to be brought upon, kept, used, defusedin or about the SCCVMB by CONTRACTOR, its agents, employees, facility users (including veteransorganizations), contractors, subcontractors, renters, licen~ees, sublicensees and/or concessionaires.CONTRACTOR shall be responsible for the cleanup of hazdous materials only if caused byCONTRACTOR, its agents, employees, facility users (including veterans organizations), contractors,subcontrctors, renters, licensees, sublicensees and/or concessionaires.

In the event that a hazdous or toxic material spils, migrates, flows or percolates on or under the premises of

the SCCVM while under the management of the CONTRCTOR, but not caused by CONTRACTOR, itsagents, employees, facility users (including veterans organizations), contractors, subcontractors, renters,licensees, sublicensees and/or concessionaires, CONTRACTOR agrees to tae all investigatory and/orremedial action required or ordered for the clean-up of hazdous or toxic materials. CONTRACTOR shall

REVISED 9/13 6

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work with COUNTY to submit to COUNTY Environmental Health Deparent an acceptable work planoutlining the proposed method of abating all existing hazdous or toxic materials.

All abatement work must be assessed and conducted by California certified abatement contractor( s), asapproved by COUNTY safety engineer.

CONTRACTOR agrees to indemnify and hold hanless COUNTY from any and all claims, liabilities andcauses of actions, based on a hazdous or toxic materials event as set fort herein. .

Reports and MonitoringCONTRACTOR shall supply COUNTY with the following reports:

1. Aricles of Incorporation as properly recorded by the State of Californa.

2. Anual evidence of continued 501 (c)3 status as recorded by the State of Californa and/or theFederal governent, including tax identification number.

3. Copy of any by-laws changes or amendments within thirt (30) days of approval by theBoard of Directors and/or the State of California.

4. Quarerly financial reports showing balance sheet, income and expenses, list of thrd paryusers, and ban statements for operational account as defined under "Accounts, Records andAudits" above, to be submitted within thirt (30) days ofthe end of the quarer (Januar 1 -

through March 31, April 1 through June 30, July 1 though September 30, October 1 -December 31).

CONTRACTOR agrees that during the term of ths agreement in addition to the inspection and/oraudit of CONTRACTOR's financial records, COUNTY may conduct periodic monitoring ofCONTRACTOR's responsibilities, site activities, performance and records under this agreement andCONTRACTOR shall fully cooperate with all reasonable requests of COUNTY regardingmonitoring.

Other ProvisionsNo monies, property or services received by the CONTRACTOR under this agreement shall be usedin the performance of any parisan political activity, or to fuher the election or defeat of anycandidate for public office. This provision shall not limit the rental of the SCCVMB for politicalevents coordinated by persons, organzations, groups, or agencies other than the CONTRACTOR.

There shall be no religious worship, instruction or proselytization as par of or in connection with theCONTRACTOR'S performance of ths agreement. This provision shall not limit the rental of theSCCVMB for religious events coordinated by persons, organzations, groups, or agencies other thanthe CONTRACTOR nor the use of religious rites by veterans for their meetings or ceremonialgatherigs.

CONTRACTOR and its employees, and members including offcers of its governng body shallavoid any actual, apparent, or potential conficts of interest pertaining to services provided under thsagreement.

DestructionIf, durng the term hereof, the SCCVMB is totally or parially destroyed from any casualty insuredagainst by CONTRACTOR, rendering the SCCVMB totaly or parially inaccessible or unusable, allinsurance proceeds payable for destruction ofthe structue shall be paid to the COUNTY, and

REVISED 9/13 7

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COUNTY shall use the insurance proceeds to restore the SCCVMB to substatially the samecondition as they were in immediately before such destruction to the maximum extent feasible. Ifexisting law or regulations do not permit such restoration, either pary may terminate this Agreementimediately by giving wrtten notice to the other par. If the cost of restoration exceeds the amountof insurance proceeds received by COUNTY, or if the SCCVMB are totally or parially destroyedfrom any casualty not insured against by CONTRACTOR, then COUNTY can elect to termnate thisagreement by giving written notice to the CONTRACTOR within thirt (30) days after determningthat the cost of such restoration will exceed any insurance proceeds, or that destruction was causedby an unnsured casualty; provided, however, withn thirt (30) days afer receiving COUNTY'snotice to terminate CONTRACTOR can elect to pay COUNTY at the time CONTRACTOR notifiesCOUNTY of its election, the cost of restoration of the SCCVMB over and above the amount of anyinsurance proceeds.

CONTRACTOR waives the provisions of the California Civil Code Section 1932(2) and CaliforniaCivil Code Section 1933 (4) with respect to the destrction of the SCCVMB.

CondemnationIf the entire SCCVMB, or so much thereof as in COUNTY's reasonable judgment as to make thebalance not adequate for the conduct of business by CONTRACTOR, shall be taken under the powerof eminent domain, this Agreement shall automatically terminate as of the date on which thecondemning authority takes possession thereof.

Any award for any taking of all or any part of the SCCVMB under the power of eminent domainshall be the sole propert of COUNTY. Nothng contained herein, however, shall be deemed topreclude CONTRACTOR from obtaining, or to give COUNTY any interest in, any award toCONTRACTOR for loss or damage to trade fixtues and removable personal property.

AbandonmentCONTRACTOR shall not vacate or abandon the SCCVMB at any time during the term hereof. IfCONTRACTOR shall abandon, vacate, or surender the SCCVMB, or be disposed by process oflaw, or otherwise, CONTRACTOR shall be in default hereunder. Any personal property belongingto CONTRACTOR and left on the premises of the SCCVMB shall be deemed to be abandoned;provided however, at the option of COUNTY, such property may be removed and stored in anypublic warehouse or elsewhere at the cost of and for the account of CONTRACTOR.

Surrender of Premises: Holding OverOn expiration of the term of this Agreement, CONTRACTOR shall surender to COUNTY theSCCVMB and all of CONTRACTOR's improvements in good condition, ordinar wear and tearexcepted. CONTRACTOR shall perform all restoration made necessar by the removal of its tradefixtues and personal propert within two (2) days of the expiration of the term of this Agreement.The failure of CONTRACTOR to comply with the provisions of this paragraph shall be deemed anabandonment of ths Agreement, and COUNTY shall have the rights given to it upon abandonmentas provided herein.

Breach of ContractIn the event that CONTRACTOR fails to perform any of the provisions ofthis agreement or fails tomake progress so as to endanger the performance of ths agreement in accordace with its terms, orbreaches any provision of ths agreement, and in either ofthese circumstaces does not cure suchREVISED 9/13 8

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failure with a period of fourteen (14) days after receipt of written notice from COUNTY specifyingsuch failure, County may by written notice of default terminate the whole or par of ths agreement.

TerminationThs agreement shall commence on the date it is approved by the Board of Supervisors and shallcontinue in full force and effect thereafer until CONTRACTOR's satisfactory completion of taksand goals described herein; or uness or until terminated in accordance with the early terminationprovision of the Agreement; or until terminated in whole or in par for any of the followingcircumstaces:

1. Termnation for Convenience. Either COUNTY or CONTRACTOR may request atermination for convenience, upon thrt day advance wrtten notice thereof to the other, orcanceled immediately upon wrtten mutual consent.

2. Termination for Cause. The COUNTY, upon wrtten notice to CONTRACTOR, mayimmediately terminate this agreement or any separable par performance under thisagreement, should CONTRACTOR fail to perform properly any of its obligations hereunder.

WaiverNo failure of either pary to exercise any right provided for herein shall be deemed to be a waiver ofany right hereunder.

SeverabiltyIn the event anyone or more of the provisions of this agreement or any exhibits or attchments toths agreement are found to be invalid or otherwise unenforceable, the enforcement of the remainingprovisions shall be unmpaired.

REVISED 9/13 9

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ASSUMPTION OF LIABILITY, WAIVER and INDEMNITY I EXHIBIT A I

1. ASSUMTION OF LIAILITY

Permittee, whether individual, group, or entity, is solely responsible for any and a111iabilities topersons or propert resulting from use of the Santa Cru County Veterans Memorial Building,including damage to any County propert or structures. Permttee wil indemnify, defend and hold

harless the County of Santa Cru, its elected and appointed Boards, Commissions, Officers,

Agents, and Employees from any claims, suits, losses or damages for injur to persons or propertyarising from or connected to ths use of the Park Facility.

2. AGREEMENT TO ABIDE BY TERMS AND CONDITIONS

Permittee, whether individual, group, or entity, represents that he/she/it has read these Terms andConditions, agrees to make them known to persons attending the fuction or activity, and agrees thatno violation of such shall be allowed to occur on the premises or facilities. Permittee understadsthat permssion to use of the Park Facility is contingent upon compliance with these Terms andConditions and that permssion may be revoked at any time upon failure of persons attending thefuction or activity to fully comply with these Terms and Conditions.

3. PERMITTEE, OR REPRESENTATIV, TO BE PRESENT

Permittee, or the group or entity individual named in the Permit, wil be present during the entireperiod of use of the facility.

The undersigned states: The information I have provided to the Santa Cru County VeteransMemorial Building Board of Trustees is true and correct; If this Permit is issued to a group or entity,I am the authorized representative of the group or entity, and I am empowered to make thisagreement on its behalf; I have received a copy of the Terms and Conditions and Assumption,Waiver, and Indemnty documents, and have read and understad them. Both individually and onbehalf of the group or entity, I agree to them, and wil comply with them as well as all laws andordinances of the County of Santa Cruz, the State of California, and the United States.

Signature of Permittee Date

Print Name Name of Organization

Signatue of SCCV.MBOT Representative Date

~ISED 9/13 1015

006'BUDGET FY 13-14 (July 1,2013 through June 30, 2014)

Santa Cruz County Veterans Memorial Building Board of Trustees

Expenses and Rental Income are estimated amounts. County fuding of $36,252 is appropriatedamount for FY 13-14. Roll-over FY 12-13 fuding is one-time funding only designed to assist withthe transition year. County and rental income fuding may be used for the following expensecategories uness wrtten approval is obtained from the COUNTY. Expenses may shift fromcategory to category based on organzational need and additional rental income may used to offsetunexpected expenditues in the listed categories.

J\riticipatedRevenuesCounty Budget AppropriationCOLA approved on Last DayRoll-over of 12-13 funds (one time funding only)SUBTOTAL COUNTY FUNDING

Less remainder of accrued alarm expense

34,9991,253

40,97577,227-2,227

30,000105,000

Rental Income (estimated for transition year only)TOTAL REVENUES

Anticipated ExpendituresMoving Expenses (one time expense only)Remainder of 1040 expenses (utilities, storage, alarm through move date, one time expense only)

14,473500

Wages, Building ManagerUI/FICA/Workers compJanitorial servicesOther building maintenance servicesUtilities

GasWaterRefuse disposalElectricityInternet access for VBOT and/or building managerTelephone for VBOT and/or building managerTelephone lines for security / fire alarm services

Security Alarm ContractBuilding suppliesLiability and/or other insurance required by COUNTYAccounting / PayrollContract / Professional Services

Legal services

Board Expenses

Computer / software for VBOT Building ManagerInternet / Computer SupportLicenses and permitsEquipment and FurnishingsOffice Supplies

Postage / ShippingEquipment Rental

TOTAL EXPENSES

42,0007,3002,7001,000

18,000

2,0001,0003,0003,5001,5001,5001,2751,0001,000

3771,1251,000

450300

105,000

REVISED 9113 11

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