EL Dorado County Grand Jury 2018-2019 Dorado Count

Additional Recommendations 21

These recommendations are not explicitly linked to specific findings.

• R8
  County shall pay to Association such sums as have been or may be appropriated by the 18 State Department of Food and Agriculture to County from the Fairs and Expositions Fund of the 19 State of California for the purpose of said fair and fairgrounds. County is not obligated to provide 20 general fund monies for any activity contemplated by this Agreement. 21
• R9
  Claims of any type made against Association shall be deemed to be claims against County. Association agrees that upon receipt of any document which purports to be a claim, it will forthwith 23 forward such documents to the office of the clerk of the Board of Supervisors. 24
• R10
  County agrees to defend and indemnify Association, its officers and employees against 25 any claims made against such persons for personal injuries or property damage resulting from the ATTACHMENT A 1 for Association which will reimburse County for its costs of such general liability risks of loss as 2 arise from operation of the County Fair. By March 1 each year, County shall notify Association in 3 writing of the amount of this charge. County shall compute and determine the amount of this charge 4 using the same computational methods as it employs to develop and budget similar internal charges 5 for the other departments of County Government. Association shall pay this charge in October of 6 each year, or in the month immediately following adoption of County's final budget. 7
• R11
  It is understood that at this time vehicles used by Association in connection with official 8 duties are registered with the Department of Motor Vehicles in the name of Association. County 9 agrees that it shall defend and indemnify Association, its officers and employees resulting from 10 injuries to persons and property as the result of the negligence of willful misconduct of such persons. Property damage to Association vehicles, whether caused by third persons or otherwise, shall 12 be the sole responsibility of Association. By mutual agreement with County, Association may 13 transfer title to such vehicles to County for management within County's fleet management program. In that event only, Association shall remit to County the mileage based internal charges applicable 15 to the County departments. Fleet managed vehicles are replaced or repaired at County expense when 16 depreciated or damaged. 17
• R12
  The buildings, tenant improvements and all other fixed assets on the fairgrounds are 18 property of County, and shall be financially protected against sudden and accidental loss or damage 19 to the same extent as County insures or self-insures against these same risks of loss to other County 20 owned properties and assets. As part of its annual budget, the Board of Supervisors shall determine a direct service charge 22 for Association that will reimburse County for its costs of such risk of property losses. By March 23 1 each year, County shall notify Association in writing of the amount of this charge. County shall 24 compute and determine the amount of this charge using the same computational methods as it 25 employs to develop and budget similar internal charges for the other departments of County ATTACHMENT A 1 appropriate to the operations and management of the fairgrounds as are properly required of County 2 departments. At least once annually association officer shall meet with County officers to review 3 these policies and procedures. 4
• R14
  In connection with any fair functions or fair sponsored function, Association shall require 5 all concessionaires and sublessees to provide appropriate insurance and indemnity agreements to 6 indemnify County and Association from any and all liability or loss due to negligent acts or willful 7 misconduct of the concessionaires or sublessees. Risk Management shall provide to Association an 8 annual schedule of all required insurance parameters with respect to type of coverage. County 9 Counsel will provide the required indemnity language. 10
• R15
  Association will accurately make and keep all records substantially in agreement with 11 the accounting and procedures as illustrated in the FAIRS ADMINISTRATION MANUAL, issued 12 by the Department of Food and Agriculture, Division of Fairs and Expositions, of all its transactions 13 as an agent hereunder, and will, among other things, require and procure serially numbered receipts 14 for any and all money received and detailed itemized invoices or other supporting documents for any 15 and all money disbursed or expended by Association in connection with its executive management 16 and control of said fair and fairgrounds. Association hereby agrees that all books, records and 17 documents pertaining to said management and control shall be subject to examination by the State 18 Department of Food and Agriculture and that all such books, records and documents shall be 19 preserved by Association and remain public records. 20
• R16
  Association shall retain and use all monies received by it from the conducting of said 21 fair, and from the use, possession and management of said fair, and from the use, possession and 22 management of fairgrounds, and shall pay therefrom all expenses incurred in connection with both. Association shall carry out all provisions of law relating to county fairs. In accordance with 24 Government Code section 25906, Association agrees that an annual budget shall be submitted by it 25 to and approved by the Department of Food and Agriculture after approval by the County Board of ATTACHMENT A 1
• R17
  Association agrees to file with the clerk of the Board of Supervisors of County, and with 2 the Department of Food and Agriculture, a certified copy of the minutes of each meeting of the 3 Board of Directors of Association within twenty (20) business days after each meeting. 4
• R18
  Association agrees to include and maintain within the text of its governing by-laws 5 provision for the establishment and reservation of County directorships, upon its governing board 6 of directors, which shall be five (5) in number. 7
• R19
  County agrees that, in the matter of selecting its nominees for service on Association's 8 governing board, it will follow the criteria contained within Association's current by-laws wherein 9 the qualification of directors is set forth. 10
• R20
  It is mutually agreed that County hereby delegates to Association the matter of hiring, 11 terms of employment, discharge and all other personnel matters and shall be employees of 12 Association. Such employees of Association shall not be members of the classified service of 13 County and shall not be listed in the County Authorized Personnel Allocation Resolution. However, 14 such employees shall be treated as County employees for the purpose of membership in CALPERS 15 retirement programs as allowed by law. County agrees to provide, and Association agrees to pay for, 16 the following employee benefits: 17 A. Workers' Compensation as required by statutes of the State of California, through 18 County's Workers' Compensation Program. B. The same health benefits as provided to County employees, through County's 20 program, pursuant to the currently in force Memorandum of Understanding with the recognized 21 employee organization representing the General, Professional and Supervisory Bargaining Units, 22 excluding any benefits under the county's retiree health defined contribution plan. C. Unemployment Insurance as required by statutes of the State of California. D. Payment of payroll taxes due for participation in the Medicare portion of Social 25 Security as required by federal law. ATTACHMENT A 1 F. County's Employee Assistance Program as provided to County employees 2 pursuant to the currently in force Memorandum of Understanding with the recognized employee 3 organization representing the General, Professional and Supervisory Bargaining Units. As part of its annual budget, the Board of Supervisors shall determine a direct service charge 5 for Association which will reimburse County for its costs of such workers' compensation risks of 6 loss as arise on account of Association's employees. By March 1 each year, County shall notify 7 Association in writing of the amount of this charge. County shall compute and determine the amount 8 of this charge using the same computational methods as it employs to develop and budget similar 9 internal charges for the other departments of County government. Association shall pay this charge 10 in October of each year, or in the month immediately following adoption of County's final budget. The Board of Supervisors shall from time to time establish the rates per pay period for the 12 cost of County sponsored health benefits. Association agrees to pay County at this established rate, 13 each pay period, for health benefits on the same basis as a County department. As part of its annual budget, the Board of Supervisors shall determine a direct service charge 15 for Association which will reimburse County for its costs to provide the life insurance, long term 16 disability insurance and employee assistance programs specified above. County shall compute and 17 determine the amount of this charge using the same computational methods as it employs to develop 18 and budget similar internal charges for the other departments of County government. Association 19 shall pay this charge to County quarterly each year. It is agreed that as to employees, the type and level of employee benefits, other than those 21 required by law, may be established by the Association board of directors. 22
• R21
  As part of its annual budget, the Board of Supervisors shall determine a direct service 23 charge for Association which will reimburse County for its costs for PERS retirement by May 1 of 24 each year. County shall notify Association of the PERS cost for the following fiscal year. 25
• R22
  That Association agrees that all routine contracts which it executes, including but not ATTACHMENT A 1 any funds allocated by an executive order of the State Department of Food and Agriculture pursuant 2 to section 19630 of the Business and Professions Code, which provides regulations for the 3 expenditure of state monies in support of capital improvement projects at fairs, the regular County 4 procedure with respect to purchases and contracts must be followed. 5
• R24
  It is mutually agreed that the solicitation, selection, supervision and any other б employment related matters of the County Fair employees shall be the sole responsibility of 7 Association, following such rules, agreements and policies established by Association. Remuneration for employees shall be set by Association. 9
• R25
  The criteria for the establishment of the number and categories of employees and degrees 10 of remuneration shall be in strict accord with the then current state approved Association budget, 11 wherein authorized personnel requirements are outlined. The criterion for job descriptions of all 12 Association employees shall be in accord with those outlined by the State Personnel Board, which 13 recognizes the special category of "Fairgrounds Employees" within the state's system. 14
• R26
  This Agreement shall be without force or effect unless it is approved by the State 15 Department of Food and Agriculture. 16
• R27
  Association agrees to provide County with a complete cash audit of its operations under 17 this Agreement if during the term of this Agreement, the State of California fails to perform such an 18 audit. 19
• R28
  The El Dorado County Fair Association Board of Directors shall annually, on or before 20 March 1, and in conjunction with its budget review, submit to County in writing a general briefing 21 and program review including a five (5) year plan projection. 22
• R29
  That County Counsel be designed as legal advisor on an "as needed" basis for the Board 23 of Directors, and only to the extent that County Counsel determines there is no conflict of interest 24 between County and Association. 25
• R30
  If any provision of this Agreement, or part thereof, is for any reason held to be invalid, ATTACHMENT A 1 the Association for the same purposes, the term of which was January 1, 2005 through June 30, 2