08-0617_ORANGE, COUNTY OF_Agreement Agreement No. D08-041
PROPOSITION 1B
CITY AGREEMENT
This CITY AGREEMENT, Agreement No. D08-041 ("Agreement") is made and entered into this
day of JUN 5 1-7 , 2008, by and between the County of Orange, California, a political
subdivision of the State of California ("County"), and the City of San Juan Capistrano, a municipal
corporation in the State of California ("City"). The County and City shall sometimes be referred to
separately as a"Party" and collectively as the "Parties."
RECITALS
A. Pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security
Bond Act of 2006, codified at Government Code sections 8879.20 et. seq., the County anticipates
receipt of approximately $61.6 million in Local Streets and Roads State bond funds over the next ten
years to be used for the purposes of reducing local traffic congestion and further deterioration,
improving traffic flows, or increasing traffic safety ("Proposition 113"). The County's first
allocation will be for Fiscal Year 2007-08 in the amount of$24,683,910.29. Prior to receiving this
allocation, the County is required to adopt into the County budget projects expected to be funded
with Proposition 1 B funds, and submit a list of these projects to the State Department of Finance for
review. The County shall have three fiscal years to expend its Proposition 1B allocation following
the fiscal year in which the allocation was made by the Controller, and any funds not expended
within that period shall be returned to the Controller for reallocation.
B. The California State Legislature has determined that the improvement and
maintenance of all city streets is of general County interest.
C. The County believes that it is of general County interest to extend aid to the cities
within the County for the general improvement and maintenance of City streets and therefore desires
to extend a portion of the County's Proposition I B allocations to participating cities.
D. The City owns and operates streets in need of traffic congestion and traffic safety
improvements, such as routine roadway maintenance and storm drain improvements, and
acknowledges that it has limited funds by which to address these needs. Therefore, the City is in
support of receiving a portion of the County's Proposition 1 B allocation.
E. Pursuant to Streets & Highways Code section 1686, the Board of Supervisors has
passed Resolution No. 08-016 on March 4, 2008, finding that the purposes of this Agreement are of
general County interest and that County aid shall be extended therefore. This resolution provides for
the basis and conditions upon which allocations will be made from the County Road Fund
(Proposition 1B) for the improvement and maintenance of City streets.
F. On March 4, 2008, the Board of Supervisors approved a list of County and City
Proposition 1B projects to be submitted to the Department of Finance for review and disbursement
of Proposition 1B funds.
Page 1 of 6
Agreement No..D08-041
G. This Agreement sets forth the terms and conditions by which the County will extend
a portion of its Proposition 113 allocation to the City, and the City will follow all State Proposition
1B laws, State regulations, and any and all guidelines or other documents issued by the Department
of Finance, the Controller, or any other State agency that is intended to interpret Proposition 113
("Proposition 113 Requirements").
SECTION I
IT IS MUTUALLY UNDERSTOOD BY THE PARTIES THAT:
A. County shall submit a Proposition 113 project list to the Department of Finance for
review and disbursement of.the County's first Proposition 113 allocation. The City project(s)
approved by the Board of Supervisors for Proposition 1B funding is attached hereto as Exhibit A.
This Agreement allows the disbursement of a portion of the County's Proposition 113 funds to the
City without the requirement of City submitting an invoice requesting Proposition 1 B funds.
B. Upon receipt of this allocation from the State, County will timely issue a portion of
its allocation to City, in the amount shown on Exhibit A, or as limited by the State should the State
pre-determine that any City project or portion of the project is ineligible.
C. City shall abide by all Proposition 113 Requirements, as these requirements may
change from time to time. This includes, but is not limited to, meeting the project delivery and
expenditure deadlines, and using the County's Proposition 113 allocation to reduce City's traffic
congestion and further deterioration, improving traffic flows, or increasing traffic safety.
D. County will conduct a City expenditure assessment at the end of the twelve (12) and
twenty-four (24) month periods in order to verify if City is expending its Proposition 1B allocation
as provided for by Proposition 113 Requirements. City shall report the status of its Proposition 113
project(s) to County on or before June 10, 2009 and June 10, 2010 for FY 2007-08 allocation. The
status report shall include the date of project award, amount of award, percent completion of project,
estimated completion date, the amount of funds that have been expended, and the remaining County
Proposition 1B allocation to be expended. In the event County wishes to conduct a City expenditure
assessment at any time prior to the end of a fiscal year, City shall provide a status report to County
within two (2)weeks of a written request in accordance with Section I.D.
E. County will prepare any necessary amendments to the Proposition 113 project list in
June 2009 and June 2010 based on the status reports of all Proposition 1B participating cities. If one
or more city status reports show an inability to expend the entire Proposition 113 allocation within
the required statutory timeframe, or if the County or State deems any expenditure to be ineligible,
County in its sole discretion will determine whether to reallocate the unexpended city funds to the
City by preparing a revised Proposition 113 project list for the DOF and an amendment to this
Agreement. In no event will County submit a revised project list to the DOF more than once per
fiscal year.
F. City shall expend its Proposition 113 allocation no later than June 30, 2011 per
Proposition 113 Requirements. Fiscal year 07-08 Proposition 113 funds may only be expended after
Page 2 of 6
• • Agreement No.,D08-041
County receives its 1B allocation from the State. Any portion of the city's allocation not expended
by this deadline shall be returned to the County in a timely manner, but no later than August 31,
2011.
G. In the event of an audit, City shall provide County, and the State if necessary, all
project and finance documentation as required within the timeframe specified by the State. City
shall attend all audits involving its Proposition 1B projects as required by State. If the State finds
that any City expenditure is ineligible or is out of compliance with Proposition 1B Requirements,
that expenditure shall be reimbursed to the County no later than 60 days from the State's
determination.
SECTION II
MISCELLANEOUS PROVISIONS:
A. Availability of Funds County's distribution of funds to the City depends entirely on
the County receiving its Proposition 1B allocation from the State. County shall not disburse the
City's allocation until such time that the County receives its Proposition 1B allocation from the
State.
B. Indemnification City shall indemnify, defend with counsel approved in writing by
County, save and hold County and each of its elected officials, officers, directors, agents and
employees harmless from any and all claims, injuries, liabilities, actions, damages, losses or
expenses of every type and description to which they may be subjected arising out of any act or
omission of, its employees, representatives, agents and independent contractors in connection with
the implementation of the actions described in this Agreement. City shall return its Proposition 1B
allocation to the County (or State as appropriate, with written consent from the County) within the
timeframe contemplated under this Agreement should 1) City fail to expend all of its Proposition 1B
allocation within the specified timeframe; 2) the State or County deems any City expenditure to be
ineligible; or 3) the County's Proposition 1B aid to cities be found to be incompatible with
Proposition 1B Requirements.
C. Assignment This Agreement shall be binding upon and inure to the benefit of the
successors and assigns of the Parties. No assignment of City's interest in this Agreement shall be
made without the written consent of the County. Furthermore, City agrees that Proposition 1B
allocations shall not be expended on, given to, shared with, or otherwise provided to any other city,
local agency or other entity not contemplated under this Agreement.
D. Entirety & Amendments This Agreement contains the entire agreement between
the Parties with respect to the matters provided for herein. No alteration or variation of the terms of
this Agreement shall be valid unless made in writing and signed by the Parties; no oral
understanding or agreement not incorporated herein shall be binding on either of the Parties; and no
exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by
County in writing.
Page 3 of 6
Agreement No.,D08-041
E. Severability If any part of this Agreement is held, determined, or adjudicated to be
illegal, void, or unenforceable by a court of competent jurisdiction, the remainder of this Agreement
shall be given effect to the fullest extent reasonably possible.
F. Calendar Days Any reference to the word "day" or "days" herein means calendar
day or calendar days, respectively, unless otherwise expressly provided.
G. Notices Notices or other communications which may be required or provided
under the terms of this Agreement shall be given as follows:
City: Director of Public Works/City Engineer
Public Works Department
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Phone 949-443-6301
Facsimile 949-493-1053
and
County: Director of Public Works
County of Orange
PO Box 4048
Santa Ana, CA 92702-4048
Phone 714-834-2308
Facsimile 714-834-2496
All notices shall be in writing and deemed effective when delivered in person or
deposited in the United States mail, first class, postage prepaid and addressed as above.
Notwithstanding the above, the Parties may also provide notices by facsimile transmittal, and any
such notice so given shall be deemed to have been given upon receipt during normal business hours
or, in the event of receipt after business, on the following business day. Any notices,
correspondence, reports and/or statements authorized or required by this Agreement, addressed in
any other fashion shall be deemed not given.
H. Termination County may terminate this Agreement for any reason provided that
the City has not awarded any project on which its allocation will be expended. After the City has
awarded a project on which its allocation will be expended, County may terminate this Agreement if
the City is in breach of this Agreement. Any such termination shall be accomplished by delivery to
City a Notice of Termination, which notice shall become effective not less than thirty (30) days after
receipt, specifying the reason for the termination, the extent to which funding is terminated, and the
date upon which the termination is effective.
No termination shall become effective if, within thirty (30) days after receipt of a Notice of
Termination, City either cures the default involved or, if not reasonably susceptible to cure within
said thirty (30) day period, City proceeds thereafter to complete the cure in a manner and time line
Page 4 of 6
Agreement No, D08-041
acceptable to County. During this period before the effective termination date, City and County
shall meet to attempt to resolve any dispute.
I. Breach The failure of the City to comply with any of the terms and conditions of
this Agreement or the Proposition 1 B Requirements shall be a material breach of this Agreement.
J. Binding Obligation The Parties to this Agreement represent and warrant that this
Agreement has been duly authorized and executed and constitutes the legally binding obligation of
their respective organization or entity enforceable in accordance with its terms.
K. Governing Law and Venue This Agreement has been negotiated and executed in
the State of California and shall be governed by and construed under the laws of the State of
California. In the event of any legal action to enforce or interpret this Agreement, the sole and
exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and
the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding
Code of Civil Procedure, Section 394.
L. Attorney's Fees In any action or proceeding to enforce or interpret any provision of
this Agreement, or where any provision hereof is validly asserted as a defense, each party shall bear
its own attorney's fees, costs and expenses.
M. Waiver of Jury Trial Each Party acknowledges that it is aware of and has had the
opportunity to seek advice of counsel of its choice with respect to its rights to trial by jury, and each
Party, for itself and its successors, creditors, and assigns, does hereby expressly and knowingly
waive and release all such rights to trial by jury in any action, proceeding or counterclaim brought
by any Party hereto against the other (and/or against its officers, directors, employees, agents, or
subsidiary or affiliated entities) on or with regard to any matters whatsoever arising out of or in any
way connected with this Agreement and/or any other claim of injury or damage.
Page 5 of 6
• • Agreement No.,D08-041
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its Mayor and attested
by its Clerk, and County has caused this Agreement to be executed by the Chairman of the Board of
Supervisors and attested by its Clerk on the dates written opposite their signatures, all thereunto duly
authorized by the City Council and the Board of Supervisors, respectively.
City of San Juan Capistrano,
a municipal corporation
Date: By: afb
Mayor
ATTES APPROVED AS TO FORM:
L{[I By: 61� A Ali Ado)A�b
y CIA City Attorney
County of Orange,
a political subdivision of the State of California
By:
Date: 17 —6P) Chairman, Boar of Superviso s
SIGNED AND CERTIFIED THAT A COPY OF APPROVED AS TO FORM:
THIS DOCUMENT HAS BEEN DELIVERED COUNTY COUNSEL
TO THE CHAIRMAN OF THE BOARD ORANGE COUNTY, CALIFORNIA
Q By:
By: ( De uty
Darlene J. BloomU
Clerk of the Board of Supervisors of
Orange County, California
Page 6 of 6
County of Orange funded Proposition 1B Projects in City of San Juan Capistrano ExhibitA
Fiscal Year 2007-08 Agreement D08-041 ,
Board District Project&Limits Phase Lead Agency Prop.1B allocation
5 Camino Capistrano and Del Obispo Intersection Improvements and Junipero Serra Rd.and Construction City of San Juan Capistrano $500,000
Rancho Viejo Rd.,east of 1-5 off/on ramps
•
01O R A N G E CO N T Y • Bryin SPieple,a�
300 N.Flower Street
C PublicWorks Po 4048
simi Ana,CA 92702-4048
Our Community. Our Commitment.
Tebpnone: (714)834-2300
Fix: (714)8345188
July 28, 2008
ONVN1SIdVD Nvnr NVS
Mr. Nasser Abbaszadeh Jo All,-)
Director of Public Works
City of San Juan Capistrano soot 6 ti In('
32400 Paseo Adelanto
San Juan Capistrano, CA 92675 1NMAVd30 SN80M 0I18nd
Subject: County FY 2007-08 Proposition 1B Program, City Cooperative Agreement D08-041
Dear Mr. Ab �zadeh:
I am pleased to inform you the Orange County Board of Supervisors executed the attached
Proposition 1B (Prop. 1B) City Program Agreement with your city on June 17, 2008. The
attached agreement identifies the requirements and timelines concerning expenditure certification
for your city's participation in the County's Fiscal Year 2007-08 Prop. 1 B Program.
The project(s) funded by this allocation of Prop. 1B funds are listed on the attachment to the
agreement. Of note, expenditures for eligible project work for Fiscal Year 2007-08 funds must
occur between May 16, 2008 and June 30, 2011; funds not expended within this period shall be
returned to the County no later than August 31, 2011.
Pursuant to State guidelines, the County will conduct expenditure assessments in July 2009 and
July 2010 to update the status of your city's efforts to expend these funds. Your city will need to
complete and submit to the County the attached Prop. 1 B Project Expenditure Certification Form
by June 10, 2009 and June 10, 2010, per the approved agreement, to document efforts towards
program participation requirements.
If project direction changes and your city needs to reassign the Prop. 1B allocation to another
eligible project(s), an amendment to the agreement would be required. However, funds must still
be expended within the timeframe and program requirements stipulated by the State.
Staff may direct questions to Mr. Steven Soo, Proposition 16 Program Manager, at (714) 834-
4367.
V4trlrs,
gnacio Ochoa
Director, OC Road & Flood/Chief Engineer
Attachment: Executed County Proposition 1 B City Agreement FY2007-08
Project Expenditure Certification Form
cc: Supervisor Nguyen, 18' District(letter to cities within District 1) Mary Fitzgerald, Auditor Controller
Supervisor Campbell, 3`" District(letter to cities within District 3) Kim Engelby, Accounting
Supervisor Norby, 4t" District(letter to cities within District 4) Ashok Tahilramani, Administration
Supervisor Bates, 5t" District(letter to cities within District 5) Ted Rigoni, OC Roads
Alisa Drakodaidis, Deputy CEO Tresa Oliveri, OCTA
(City Letterhead)
PROPOSITION 113 FY 2007-08
PROJECT EXPENDITURE CERTIFICATION
(AS OF JUNE 10, 2009)
To: County of Orange
OC Public Works Director
PO Box 4048
Santa Ana, CA 92702-4048
The City of San Juan Capistrano certifies that the following projects have been
funded, in part or in whole, in accordance with the State of California Proposition 113
legislative requirements and Orange County City Agreement guidelines.
Project Allocation Amount
1. Camino Capistrano and Del Obispo
Intersection Improvements and Junipero Sena $500,000
Rd. and Rancho Viejo Rd., east of I-5 off/on
ramps
Expenditure to Date $
The city has in its possession copies of bills, auditor warrants and other substantiating
documents that such expenditures have been made. These documents are available for
your inspection upon written request, and will be retained in City's possession as required
per State guidelines.
The city certifies that this report is a true and correct statement of cost and work
performed and that none of these costs were incurred prior to May 16, 2008.
City Clerk Director of Public Works/
City Engineer
Date Date
\\SPHGOFILE2301\Road\Road Program\Prop.42& IB\Prop. 1B\Prop. 1B FY2007-08 Disbursement\10
San Juan Capistrano 1B Cert Form.doc
• �view •
32400 PASEO ADELANTO v / MEMBERS OF THE CITY COUNCIL
SAN JUAN CAPISTRANO,CA 92675 SAM ALLEVATO
(949)493-1171 utOnNAnH THOMAS W.HRIBAR
(949)493-1053 FAX 1
ISInI03MH 1961 MARK NIELSEN
www.sanjuancapistrano.org 1776 JOESOTO
• • DR.LONDRES USO
TRANSMITTAL
TO:
Harry Persaud AICP, PMP "
Manager, Road Program/Special District
O.C. Public Works/Road Division
County of Orange
300 N. Flower, 3rd Floor
Santa Ana, CA 92703-5000
DATE: April 21, 2008 o T e
FROM: Maria Morris, Deputy City Clerk
RE: Proposition 1 B — City Agreement
L
Enclosed are three original agreements. PIE
agreement. If you have questions concemir
Senior Management Analyst (949) 443-066:
Cc: Jill Thomas, Senior Management Analyst
San Juan Capistrano: Preserving the Past to Enhance the Future
" Pnnled on 100%recycled paper
• 4/15/2008
SUPPLEMENTARY REPORT D9
TO: Dave Adams, City Manager
FROM: Nasser Abbaszadeh, Engineering & Building Director
SUBJECT: Consideration of Approving an Agreement to Receive Proposition 1B funds as
Allocated by the County of Orange for CIP No. 111, Camino Capistrano and Del
Obispo Intersection Improvements and CIP No. 404, Junipero Serra and Rancho
Viejo Road Intersection Improvements.
RECOMMENDATION
By motion, approve the attached agreement No. D08-041 to participate in the County of
Orange Proposition 1B funding for CIP No. 111, Camino Capistrano and Del Obispo
Intersection Improvements and CIP No. 404, Junipero Serra and Rancho Viejo Road
Intersection Improvements.
Background
On March 4, 2008, the Orange County Board of Supervisors adopted Resolution No. 08-016,
allocating the County's Proposition 1B (Prop 1B) funds for street improvement projects
throughout Orange County. The County's first allocation of Prop 1B funding will be in the
amount of$24,683,910.29.
Eleven (11) projects from competing cities in the 51h District were awarded Prop 1B funding.
The Orange County Board of Supervisors awarded funding in the amount of $500,000 for two
projects in the City of San Juan Capistrano: CIP No. 111, Camino Capistrano and Del Obispo
Intersection Improvements and CIP No. 404, Junipero Serra Road and Rancho Viejo Road
Intersection Improvements. It should be noted that this Prop 1 B allocation is in addition to the
County's CAP grant funds and the Prop 42 programmed funds the City is to receive in FY
2008-2009, directly from the State.
The attached Prop 1 B Agreement requires the City to commit to the following:
1. Expend (pay to contractors) its Prop 1 B allocation(s) by June 30, 2011 on designated
projects.
2. Provide the County with expenditure assessment at the end of the twelve (12) and
twenty-four (24) month period in order to verify the City is expending its portion of the
Prop 1 B monies as provided for in the Prop 1 B requirements.
3. City shall expend its Prop 1B allocation no later than June 30, 2011, with certification
and return of unexpended funding to the County by August 31, 2011.
The County will distribute Prop 1B allocations to the City upon the County receiving Prop 1B
funding from the State, and approval of the attached agreement by the Board of Supervisors.
Agenda Report • • April 15, 2008
Page 2
Distribution of Prop 1 B allocations will be made to the City in June 2008 (estimated), after the
Department of Finance receives the appropriate paperwork for the eligible projects. It should
also be noted that successful implementation of the Prop 1 B funding is dependent on the
County receiving its programmed Prop 1 B funding from the State for FY 2008-2009. Any delay
or change to the State's Prop 1 B grant program may directly impact the County's Prop 1B
program implementation.
County's tentative schedule to approve the Prop 1 B Agreements with cities is June 2008.
COMMISSIONS/BOARD REVIEW, RECOMMENDATIONS
Not applicable.
FINANCIAL CONSIDERATIONS
There is no city General Fund fiscal impact associated with this action. The County Prop 1B
funds have been awarded on a competitive basis, and are project specific. Approval of
agreement and receipt of these funds does not commit or restrict the City to any particular
design/scope. However, Prop 1 B allocations shall be returned to the County if allocations are
not expended by August 31, 2011.
The receipt of this funding will allow staff to reallocate the existing programmed Capistrano
Circulation Fee Program funding for both CIP No. 111 and No. 404 to other projects within the
City's Traffic Congestion Relief Program as part of the Capital Improvement Program
approvals.
NOTIFICATION
Not applicable.
RECOMMENDATION
By motion, approve the attached agreement No. D08-041 to participate in the County of
Orange Proposition 1B funding for CIP No. 111, Camino Capistrano and Del Obispo
Intersection Improvements and CIP No. 404, Junipero Serra and Rancho Viejo Road
Intersection Improvements.
Respectfully submitted: Prepared by:
NasserAbbaszadeh, P.E. Jill Thomas
Engineering & Building Director Senior Management Analyst
Attachments: 1. Agreement
Agreement No. D08-041
PROPOSITION 111
CITY AGREEMENT
This CITY AGREEMENT, Agreement No. D08-041 ("Agreement") is made and entered into this
day of 2008, by and between the County of Orange, California, a political
subdivision of the State of California ("County"), and the City of San Juan Capistrano, a municipal
corporation in the State of California ("City"). The County and City shall sometimes be referred to
separately as a"Party" and collectively as the"Parties."
RECITALS
A. Pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security
Bond Act of 2006, codified at Government Code sections 8879.20 et. seq., the County anticipates
receipt of approximately $61.6 million in Local Streets and Roads State bond funds over the next ten
years to be used for the purposes of reducing local traffic congestion and further deterioration,
improving traffic flows, or increasing traffic safety ("Proposition 1B"). The County's first
allocation will be for Fiscal Year 2007-08 in the amount of$24,683,910.29. Prior to receiving this
allocation, the County is required to adopt into the County budget projects expected to be funded
with Proposition 1B funds, and submit a list of these projects to the State Department of Finance for
review. The County shall have three fiscal years to expend its Proposition 1B allocation following
the fiscal year in which the allocation was made by the Controller, and any funds not expended
within that period shall be returned to the Controller for reallocation.
B. The California State Legislature has determined that the improvement and
maintenance of all city streets is of general County interest.
C. The County believes that it is of general County interest to extend aid to the cities
within the County for the general improvement and maintenance of City streets and therefore desires
to extend a portion of the County's Proposition 1 B allocations to participating cities.
D. The City owns and operates streets in need of traffic congestion and traffic safety
improvements, such as routine roadway maintenance and storm drain improvements, and
acknowledges that it has limited funds by which to address these needs. Therefore, the City is in
support of receiving a portion of the County's Proposition 1 B allocation.
E. Pursuant to Streets & Highways Code section 1686, the Board of Supervisors has
passed Resolution No. 08-016 on March 4, 2008, finding that the purposes of this Agreement are of
general County interest and that County aid shall be extended therefore. This resolution provides for
the basis and conditions upon which allocations will be made from the County Road Fund
(Proposition 1 B) for the improvement and maintenance of City streets.
F. On March 4, 2008, the Board of Supervisors approved a list of County and City
Proposition 1B projects to be submitted to the Department of Finance for review and disbursement
of Proposition 1B funds.
Page 1 of 6
ATTACHMENT
Agreement No. D08-041
G. This Agreement sets forth the terms and conditions by which the County will extend
a portion of its Proposition 113 allocation to the City, and the City will follow all State Proposition
1B laws, State regulations, and any and all guidelines or other documents issued by the Department
of Finance, the Controller, or any other State agency that is intended to interpret Proposition 1B
("Proposition 1B Requirements").
SECTION I
IT IS MUTUALLY UNDERSTOOD BY THE PARTIES THAT:
A. County shall submit a Proposition 113 project list to the Department of Finance for
review and disbursement of the County's first Proposition 113 allocation. The City project(s)
approved by the Board of Supervisors for Proposition 1B funding is attached hereto as Exhibit A.
This Agreement allows the disbursement of a portion of the County's Proposition 1B funds to the
City without the requirement of City submitting an invoice requesting Proposition 1B funds.
B. Upon receipt of this allocation from the State, County will timely issue a portion of
its allocation to City, in the amount shown on Exhibit A, or as limited by the State should the State
pre-determine that any'City project or portion of the project is ineligible.
C. City shall abide by all Proposition 1B Requirements, as these requirements may
change from time to time. This includes, but is not limited to, meeting the project delivery and
expenditure deadlines, and using the County's Proposition IB allocation to reduce City's traffic
congestion and further deterioration, improving traffic flows, or increasing traffic safety.
D. County will conduct a City expenditure assessment at the end of the twelve (12) and
twenty-four (24) month periods in order to verify if City is expending its Proposition 1B allocation
as provided for by Proposition 113 Requirements. City shall report the status of its Proposition 1B
project(s) to County on or before June 10, 2009 and June 10, 2010 for FY 2007-08 allocation. The
status report shall include the date of project award, amount of award, percent completion of project,
estimated completion date, the amount of funds that have been expended, and the remaining County
Proposition IB allocation to be expended. In the event County wishes to conduct a City expenditure
assessment at any time prior to the end of a fiscal year, City shall provide a status report to County
within two (2) weeks of a written request in accordance with Section I.D.
E. County will prepare any necessary amendments to the Proposition 1B project list in
June 2009 and June 2010 based on the status reports of all Proposition 1B participating cities. If one
or more city status reports show an inability to expend the entire Proposition 1B allocation within
the required statutory timeframe, or if the County or State deems any expenditure to be ineligible,
County in its sole discretion will determine whether to reallocate the unexpended city funds to the
City by preparing a revised Proposition IB project list for the DOF and an amendment to this
Agreement. In no event will County submit a revised project list to the DOF more than once per
fiscal year.
F. City shall expend its Proposition IB allocation no later than June 30, 2011 per
Proposition 113 Requirements. Fiscal year 07-08 Proposition IB funds may only be expended after
Page 2 of 6
Agreement No. D08-041
County receives its 1B allocation from the State. Any portion of the city's allocation not expended
by this deadline shall be returned to the County in a timely manner, but no later than August 31,
2011.
G. In the event of an audit, City shall provide County, and the State if necessary, all
project and finance documentation as required within the timeframe specified by the State. City
shall attend all audits involving its Proposition 113 projects as required by State. If the State finds
that any City expenditure is ineligible or is out of compliance with Proposition 1B Requirements,
that expenditure shall be reimbursed to the County no later than 60 days from the State's
determination.
SECTION 11
MISCELLANEOUS PROVISIONS:
A. Availability of Funds County's distribution of funds to the City depends entirely on
the County receiving its Proposition 113 allocation from the State. County shall not disburse the
City's allocation until such time that the County receives its Proposition 1B allocation from the
State.
B. Indemnification City shall indemnify, defend with counsel approved in writing by
County, save and hold County and each of its elected officials, officers, directors, agents and
employees harmless from any and all claims, injuries, liabilities, actions, damages, losses or
expenses of every type and description to which they may be subjected arising out of any act or
omission of, its employees, representatives, agents and independent contractors in connection with
the implementation of the actions described in this Agreement. City shall return its Proposition 1B
allocation to the County (or State as appropriate, with written consent from the County) within the
timeframe contemplated under this Agreement should 1) City fail to expend all of its Proposition 1B
allocation within the specified timeframe; 2) the State or County deems any City expenditure to be
ineligible; or 3) the County's Proposition 1B aid to cities be found to be incompatible with
Proposition 1B Requirements.
C. Assignment This Agreement shall be binding upon and inure to the benefit of the
successors and assigns of the Parties. No assignment of City's interest in this Agreement shall be
made without the written consent of the County. Furthermore, City agrees that Proposition 1 B
allocations shall not be expended on, given to, shared with, or otherwise provided to any other city,
local agency or other entity not contemplated under this Agreement.
D. Entirety & Amendments This Agreement contains the entire agreement between
the Parties with respect to the matters provided for herein. No alteration or variation of the terms of
this Agreement shall be valid unless made in writing and signed by the Parties; no oral
understanding or agreement not incorporated herein shall be binding on either of the Parties; and no
exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by
County in writing.
Page 3 of 6
Agreement No. D08-041
E. Severability If any part of this Agreement is held, determined, or adjudicated to be
illegal, void, or unenforceable by a court of competent jurisdiction, the remainder of this Agreement
shall be given effect to the fullest extent reasonably possible.
F. Calendar Days Any reference to the word "day" or "days" herein means calendar
day or calendar days,respectively, unless otherwise expressly provided.
G. Notices Notices or other communications which may be required or provided
under the terms of this Agreement shall be given as follows:
City: Director of Public Works/City Engineer
Public Works Department
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Phone 949-443-6301
Facsimile 949-493-1053
and
County: Director of Public Works
County of Orange
PO Box 4048
Santa Ana, CA 92702-4048
Phone 714-834-2308
Facsimile 714-834-2496
All notices shall be in writing and deemed effective when delivered in person or
deposited in the United States mail, first class, postage prepaid and addressed as above.
Notwithstanding the above, the Parties may also provide notices by facsimile transmittal, and any
such notice so given shall be deemed to have been given upon receipt during normal business hours
or, in the event of receipt after business, on the following business day. Any notices,
correspondence, reports and/or statements authorized or required by this Agreement, addressed in
any other fashion shall be deemed not given.
H. Termination County may terminate this Agreement for any reason provided that
the City has not awarded any project on which its allocation will be expended. After the City has
awarded a project on which its allocation will be expended, County may terminate this Agreement if
the City is in breach of this Agreement. Any such termination shall be accomplished by delivery to
City a Notice of Termination, which notice shall become effective not less than thirty(30) days after
receipt, specifying the reason for the termination, the extent to which funding is terminated, and the
date upon which the termination is effective.
No termination shall become effective if, within thirty (30) days after receipt of a Notice of
Termination, City either cures the default involved or, if not reasonably susceptible to cure within
said thirty (30) day period, City proceeds thereafter to complete the cure in a manner and time line
Page 4 of 6
Agreement No. D08-041
acceptable to County. During this period before the effective termination date, City and County
shall meet to attempt to resolve any dispute.
I. Breach The failure of the City to comply with any of the terms and conditions of
this Agreement or the Proposition 1 B Requirements shall be a material breach of this Agreement.
J. Binding Obligation The Parties to this Agreement represent and warrant that this
Agreement has been duly authorized and executed and constitutes the legally binding obligation of
their respective organization or entity enforceable in accordance with its terms.
K. Governing Law and Venue This Agreement has been negotiated and executed in
the State of California and shall be governed by and construed under the laws of the State of
California. In the event of any legal action to enforce or interpret this Agreement, the sole and
exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and
the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding
Code of Civil Procedure, Section 394.
L. Attorney's Fees In any action or proceeding to enforce or interpret any provision of
this Agreement, or where any provision hereof is validly asserted as a defense, each party shall bear
its own attorney's fees, costs and expenses.
M. Waiver of Jury Trial Each Party acknowledges that it is aware of and has had the
opportunity to seek advice of counsel of its choice with respect to its rights to trial by jury, and each
Party, for itself and its successors, creditors, and assigns, does hereby expressly and knowingly
waive and release all such rights to trial by jury in any action, proceeding or counterclaim brought
by any Party hereto against the other (and/or against its officers, directors, employees, agents, or
subsidiary or affiliated entities) on or with regard to any matters whatsoever arising out of or in any
way connected with this Agreement and/or any other claim of injury or damage.
Page 5 of 6
Agreement No. D08-041
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its Mayor and attested
by its Clerk, and County has caused this Agreement to be executed by the,Chairman of the Board of
Supervisors and attested by its Clerk on the dates written opposite their signatures, all thereunto duly
authorized by the City Council and the Board of Supervisors, respectively.
City of San Juan Capistrano,
a municipal corporation
Date: By:
Mayor
ATTEST: APPROVED AS TO FORM:
By:
City Clerk City Attorney
County of Orange,
a political subdivision of the State of California
By:
Date: Chairman, Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY OF APPROVED AS TO FORM:
THIS DOCUMENT HAS BEEN DELIVERED COUNTY COUNSEL
TO THE CHAIRMAN OF THE BOARD ORANGE COUNTY, CALIFORNIA
By:
By: Deputy
Darlene J. Bloom
Clerk of the Board of Supervisors of
Orange County, California
Page 6 of 6
County of Orange funded Proposition 1B Projects in City of San Juan Capistrano Exhibit
Fiscal Year 2007-08 Agreement D08-041
Board District Project&Limits Phase Lead Agency Prop.1B allocation
5 Camino Capistrano and Del Obispo Intersection Improvements and Junipero Serra Rd.and Construction City of San Juan Capistrano $500,000
Rancho Viejo Rd.,east of 1-5 off/on ramps
•
•
• • 4/15/2008
AGENDA REPORT pg
Cps/
TO: Dave Adams, City Manager
FROM: Nasser Abbaszadeh, Engineering & Building Director
SUBJECT: Consideration of Approving an Agreement to Receive Proposition 1B funds as
Allocated by the County of Orange for CIP No. 111, Camino Capistrano and Del
Obispo Intersection Improvements and CIP No. 404, Junipero Serra and Rancho
Viejo Road Intersection Improvements.
RECOMMENDATION
By motion, approve the attached agreement No. D08-xxx to participate in the County of
Orange Proposition 1B funding for CIP No. 111, Camino Capistrano and Del Obispo
Intersection Improvements and CIP No. 404, Junipero Serra and Rancho Viejo Road
Intersection Improvements.
Backaround
On March 4, 2008, the Orange County Board of Supervisors adopted Resolution No. 08-016,
allocating the County's Proposition 1B (Prop 1B) funds for street improvement projects
throughout Orange County. The County's first allocation of Prop 1B funding will be in the
amount of$24,683,910.29.
Eleven (11) projects from competing cities in the 5th District were awarded Prop 1B funding.
The Orange County Board of Supervisors awarded funding in the amount of $500,000 for two
projects in the City of San Juan Capistrano: CIP No. 111, Camino Capistrano and Del Obispo
Intersection Improvements and CIP No. 404, Junipero Serra Road and Rancho Viejo Road
Intersection Improvements. It should be noted that this Prop 1 B allocation is in addition to the
County's CAP grant funds and the Prop 42 programmed funds the City is to receive in FY
2008-2009, directly from the State.
The attached Prop 1 B Agreement requires the City to commit to the following:
1. Expend (pay to contractors) its Prop 1 B allocation(s) by June 30, 2011 on designated
projects.
2. Provide the County with expenditure assessment at the end of the twelve (12) and
twenty-four (24) month period in order to verify the City is expending its portion of the
Prop 1 B monies as provided for in the Prop 1 B requirements.
3. City shall expend its Prop 1B allocation no later than June 30, 2011, with certification
and return of unexpended funding to the County by August 31, 2011.
The County will distribute Prop 1 B allocations to the City upon the County receiving Prop 1 B
funding from the State, and approval of the attached agreement by the Board of Supervisors.
Agenda Report • • April 15, 2008
Page 2
Distribution of Prop 1 B allocations will be made to the City in June 2008 (estimated), after the
Department of Finance receives the appropriate paperwork for the eligible projects. It should
also be noted that successful implementation of the Prop 1B funding is dependent on the
County receiving its programmed Prop 1 B funding from the State for FY 2008-2009. Any delay
or change to the State's Prop 1B grant program may directly impact the County's Prop 1B
program implementation.
County's tentative schedule to approve the Prop 1 B Agreements with cities is June 2008.
COMMISSIONS/BOARD REVIEW, RECOMMENDATIONS
Not applicable.
FINANCIAL CONSIDERATIONS
There is no city General Fund fiscal impact associated with this action. The County Prop 18
funds have been awarded on a competitive basis, and are project specific. Approval of
agreement and receipt of these funds does not commit or restrict the City to any particular
design/scope. However, Prop 1B allocations shall be returned to the County if allocations are
not expended by August 31, 2011.
The receipt of this funding will allow staff to reallocate the existing programmed Capistrano
Circulation Fee Program funding for both CIP No. 111 and No. 404 to other projects within the
City's Traffic Congestion Relief Program as part of the Capital Improvement Program
approvals.
NOTIFICATION
Not applicable.
RECOMMENDATION
By motion, approve the attached agreement No. D08-xxx to participate in the County of
Orange Proposition 1B funding for CIP No. 111, Camino Capistrano and Del Obispo
Intersection Improvements and CIP No. 404, Junipero Serra and Rancho Viejo Road
Intersection Improvements.
Respectfully submitted: Prepared by:
) =Engineering
Abbaszadeh, P.E. Jill Thomas
Engineering & Building Director Senior Management Analyst
Attachments: 1. Agreement
ATTACHMENT 1
Proposition 1 B Agreement
will be distributed
separately Monday,
April 14 , 2008 with a
supplementary report.