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02-1212_DANA POINT / SAN CLEMENTE_Memorandum of Understanding0 1b 0 0 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITIES OF SAN JUAN CAPISTRANO, DANA POINT, AND SAN CLEMENTE FOR SHARED COST OF SERVICES PERFORMED BY KORVE ENGINEERING A MEMORANDUM OF UNDERSTANDING (MOU) between the cities of San Juan Capistrano, Dana Point, and San Clemente (CITIES) entered into on �� e6mb 17,- , 2002 for the purposes of payment issues for the personal services agreement with Korve Engineering to provide technical analysis in relation to proposals by Caltrans regarding Los Angeles to San Diego (LOSSAN) rail corridor (Exhibit A, attached). The above CITIES agree to participate in a multi -jurisdictional contract to be managed by a team consisting of the three City Managers or their designees. Payment share has been determined based on a formula that takes into consideration the 50% of total cost to be divided equally between the CITIES with the remaining 50% paid out based on total population of each City. city Population Data/Percent Share % Factor for Total Bill San Juan Capistrano 33,826 Population (27.31%) 30.32% Dana Point 35,110 Population (28.35%) 30.84% San Clemente 54,919 Population (44.34%) 38.84% Upon receipt, the CITIES will review consultant proposals and invoices. Upon approval of proposals and invoices by all parties, the City of San Juan Capistrano will provide payment for said invoices. The City of San Juan Capistrano shall invoice and be reimbursed monthly in arrears by the cities of Dana Point and San Clemente for their share of the total dollar invoiced by Korve Engineering, based on the above agreed upon formula. Invoices shall be issued within a reasonable time frame from approval by CITIES of the cost data from Korve Engineering for the previous month. The cities of Dana Point and San Clemente must reimburse costs to the City of San Juan Capistrano within thirty (30) days of the date of the City of San Juan Capistrano Invoice for which payment is being rendered. Late charges will be assessed to CITIES when payment is not received within thirty one (31) days of the date of the invoice for which the payment is being rendered. The late charge assessed shall be three-quarters of one percent (0.75%) of the payment due and unpaid, plus one Hundred Dollars ($100.00) for late payments made within thirty (30) days after the payments are due. An additional charge of three- quarters of one percent (0.75%) of said payment shall be added for each additional thirty (30) day period that the invoice remains unpaid. Late charges shall be added to the payment due and invoiced to CITIES. ADDITIONAL WORK A City may request from time to time work specific to that City, with no particular benefit to the other cities. Under such circumstances, the requesting City shall be 100% responsible for reimbursement of costs associated with the requested work in accordance with the terms herein. UNDERSTANDING DURATION/AM NDMENTS/T RMINATION Amendments — Any amendment, modification, or variation from the terms of this MOU shall be in writing and shall be effective only upon approval by the City Managers of the participating cities. Duration — This MOU shall remain in effect from the date signed until such time the MOU is terminated. This MOU may be terminated by any of the participating cities, without cause, upon one hundred and eighty (180) days written notice to all other parties. All notices or other communications required or permitted under this MOU shall be in writing, and shall be either personally delivered or sent via United States Mail addressed as follows: 1. Attention: City Manager City of San Juan Capistrano 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 2. Attention: City Manager City of Dana Point 33282 Street of the Golden Lantern Dana Point, CA 92629 3. Attention: City Manager City of San Clemente 100 Avenida Presidio San Clemente, CA 92672 All notices sent pursuant to this MOU shall be deemed received (1) immediately if served by personal delivery, and (2) on the fifth day after deposited in the custody of CITY OF SAN JUAN CAPISTRANO BY: DATED: George Scarborough, City Manager APPROVED AS TO FORM: 9W John Shaw, City Attorney CITY OF DANA POINT M gas C. C D AS TO ATTEST: Margaret M. Monahan, City Clerk DATED: City Manager BY: ATTEST: City Atton ey City Clerk CITY OF SAN CLEMENTE BY: DATED: William O. Talley, City Manager APPROVED AS TO FORM: BY: Jeff Oderman, City Attorney ATTEST: Myrna Erway, City Clerk the U.S. Postal Service if served by mail Cities do covenant that each individual executing this MOU on behalf of each party is the person duly authorized and empowered to execute understandings for such party. The parties hereto have caused this instrument to be executed the day and year first written above. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITIES OF SAN JUAN CAPISTRANO, DANA POINT, AND SAN CLEMENTE,--f-- FOR SHARED COST OF SERVICES PERFORMED BY KORVE ENGINEERING A MEMORANDUM OF UNDERSTANDING (MOU) between the cities of San Juan Capistrano, Dana Point, and San Clemente (CITIES) entered into on , 2002 for the purposes of payment issues for the personal services agreement with Korve Engineering to provide technical analysis in relation to proposals by Caltrans regarding Los Angeles to San Diego (LOSSAN) rail corridor (Exhibit A, attached). The above CITIES agree to participate in a multi -jurisdictional contractto be managed bya team consisting of the three City Managers or their designees. UTILIZATION AND PAYMENT OF FUNDS Payment share has been determined based on a formula that takes into consideration the 50% of total cost to be divided equally between the CITIES with the remaining 50% paid out based on total population of each City. City Population Data/Percent Share % Factor for Total Bill San Juan Capistrano 33,826 Population (27.31%) 30.32% Dana Point 35,110 Population (28.35%) 30.84% San Clemente 54,919 Population (44.34%) 38.84% Upon receipt, the CITIES will review consultant proposals and invoices. Upon approval of proposals and invoices by all parties, the City of San Juan Capistrano will provide payment for said invoices. The City of San Juan Capistrano shall invoice and be reimbursed monthly in arrears by the cities of Dana Point and San Clemente for their share of the total dollar invoiced by Korve Engineering, based on the above agreed upon formula. Invoices -1- JT - 11/20/02 R . r shall be issued within a reasonable time frame from approval by CITIES of the cost data from Korve Engineering for the previous month. The cities of Dana Point and San Clemente must reimburse costs to the City of San Juan Capistrano within thirty (30) days of the date of the City of San Juan Capistrano Invoice for which payment is being rendered. Late charges will be assessed to CITIES when payment is not received within thirty one (31) days of the date of the invoice for which the payment is being rendered The late charge assessed shall be three-quarters of one percent (0.75%) of the payment due and unpaid, plus one Hundred Dollars ($100.00) for late payments made within thirty (30) days after the payments are due. An additional charge of three-quarters of one percent (0.75%) of said payment shall be added for each additional thirty (30) day period that the invoice remains unpaid. Late charges shall be added to the payment due and invoiced to CITIES. ADDITIONAL WORK A City may request from time to time work specific to that City, with no particular benefit to the other cities. Under such circumstances, the requesting City shall be 100% responsible for reimbursement of costs associated with the requested work in accordance with the terms herein. UNDERSTANDING DURATION/AMENDMENTS/TERMINATION Amendments —Any amendment, modification, or variation from the terms of this MOU shall be in writing and shall be effective only upon approval by the City Managers of the participating cities. Duration —This MOU shall remain in effect from the date signed until such time the MOU is -2- JT - 11 /20/02 terminated. This MOU may be terminated by any of the participating cities, without cause, upon one hundred and eighty (180) days written notice to all other parties. All notices or other communications required or permitted under this MOU shall be in writing, and shall be either personally delivered or sent via United States Mail addressed as follows: 1. Attention: City Manager City of San Juan Capistrano 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 2. Attention: City Manager City of Dana Point 33282 Street of the Golden Lantern Dana Point, CA 92629 3. Attention: City Manager City of San Clemente 100 Avenida Presidio San Clemente, CA 92672 All notices sent pursuant to this MOU shall be deemed received (1) immediately if served by personal delivery, and (2) on the fifth day after deposited in the. custody of the U.S. Postal Service if served by mail. AUTHORITY TO EXECUTE UNDERSTANDING Cities do covenant that each individual executing this MOU on behalf of each party is the person duly authorized and empowered to execute understandings for such party. The parties hereto have caused this instrument to be executed the day and year first written above. -3- JT - 11/20/02 0 CITY OF SAN JUAN CAPISTRANO BY: DATED: George Scarborough, City Manager APPROVED AS TO FORM: M John Shaw, City Attorney CITY OF DANA POINT I BY: DATED: Douglas C. Chotkevys, City Manager APPROVED AS TO FORM: M Michelle Vadon, City Attorney CITY OF SAN CLEMENTE ATTEST: BY: DATED: ' ~A V ((6 ✓ William O. Talley, City anager APPROVED AS TO FORM: City Clerk BY: ATTES �'% J ff derm n, City Attorney , Myrna Erway, City Clerk -4- JT - 11/20/02 0 C� MEMORANDUM OF UNDERSTANDING BETWEEN THE CITIES OF SAN JUAN CAPISTRANO, DANA POINT, AND SAN CLEMENTE FOR SHARED COST OF SERVICES PERFORMED BY KORVE ENGINEERING A MEMORANDUM OF UNDERSTANDING (MOU) between the cities of San Juan Capistrano, Dana Point, and San Clemente (CITIES) entered into on AMy 2002 for the purposes of payment issues for the personal services agreement with Korve Engineering to provide technical analysis in relation to proposals by Caltrans regarding Los Angeles to San Diego (LOSSAN) rail corridor (Exhibit A, attached). The above CITIES agree to participate in a multi -jurisdictional contract to be managed by a team consisting of the three City Managers or their designees. UTILIZATION AND PAYMENT OF FUNDS Payment share has been determined based on a formula that takes into consideration the 50% of total cost to be divided equally between the CITIES with the remaining 50% paid out based on total population of each City. City Population Data/Percent Share % Factor for Total Bill San Juan Capistrano 33,826 Population (27.31 %) 30.32% Dana Point 35,110 Population (28.35%) 30.84% San Clemente 54,919 Population (44.34%) 38.84% The Cityof San Juan Capistranowill review consultant proposals and invoices, and provide payment for said invoices. The City of San Juan Capistrano shall be reimbursed monthly in arrears by the cities of Dana Point and San Clemente for their share of the total dollar invoiced by Korve Engineering, based on the above agreed upon formula. Invoices shall be issued within 30 days of availability of the cost data from Korve Engineering for the -1- JT - 10/14/02 ATTACHMENT previous month. The cities of Dana Point and San Clemente must reimburse costs to the City of San Juan Capistrano within thirty (30) days of the date of the invoice for which payment is being rendered. Late charges will be assessed to CITIES when payment is not received within thirty one (31) days of the date of the invoice for which the payment is being rendered The late charge assessed shall be three-quarters of one percent (0.75%) of the payment due and unpaid, plus one Hundred Dollars ($100.00) for late payments made within thirty (30) days after the payments are due. An additional charge of three-quarters of one percent (0.75%) of said payment shall be added for each additional thirty (30) day period that the invoice remains unpaid. Late charges shall be added to the payment due and invoiced to CITIES. A City may request from time to time work specific to that City, with no particular benefit to the other cities. Under such circumstances, the requesting City shall be 100% responsible for reimbursement of costs associated with the requested work in accordance with the terms herein. UNDERSTANDING DURATION/AMENDMENTS/TERMINATION Amendments—Any amendment, modification, orvariation from the terms of this MOU shall be in writing and shall be effective only upon approval by the City Managers of the participating cities. Duration — This MOU shall remain in effect from the date signed until such time the MOU is terminated. This MOU may be terminated by any of the participating cities, without cause, upon one hundred and eighty (180) days written notice to all other parties. -2- JT - 10/14/02 • 0 All notices or other communications required or permitted under this MOU shall be in writing, and shall be either personally delivered or sent via United States Mail addressed as follows: 1. Attention: City Manager City of San Juan Capistrano 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 2. Attention: City Manager City of Dana Point 33282 Street of the Golden Lantern Dana Point, CA 92629 3. Attention: City Manager City of San Clemente 100 Avenida Presidio San Clemente, CA 92672 All notices sent pursuant to this MOU shall be deemed received (1) immediately if served by personal delivery, and (2) on the fifth day after deposited in the custody of the U.S. Postal Service if served by mail. AUTHORITY TO EXECUTE UNDERSTANDING Cities do covenant that each individual executing this MOU on behalf of each party is the person duly authorized and empowered to execute understandings for such party. The parties hereto have caused this instrument to be executed the day and year first written above. -3- JT - 10/14/02 E CITY OF SAN JUAN CAPISTRANO / INE �. APPROVED AS TO FORM: DATED: I s- Lo 2-' BY: ATTEST: John Sh , City A orney tfflll. Monahan, City Clerk CITY OF DANA POINT AM Douglas C. Chotkevys, City Manager APPROVED AS TO FORM: M Michelle Vadon, City Attorney CITY OF SAN CLEMENTE M William O. Talley, City Manager APPROVED AS TO FORM: MN Jeff Oderman, City Attorney DATED: ATTEST: City Clerk DATED: ATTEST: Myrna Erway, City Clerk -4- JT - 10/14/02 15. LICENSE AGREEMENT APPROVED WITH INDER & SANJIV JAIN FOR PLACEMENT OF IMPROVEMENTS WITHIN A STORM DRAIN PUBLIC EASEMENT; MAYOR AUTHORIZED TO EXECUTE THE AGREEMENT; AND, CITY CLERK AUTHORIZED TO FORWARD THE LICENSE AGREEMENT TO THE ORANGE COUNTY RECORDER FOR RECORDATION. (600.30) 16. MEMORANDUM OF UNDERSTANDING APPROVED FOR FUNDING THE SERVICES OF KORVE ENGINEERING BETWEEN THE CITIES OF SAN JUAN CAPISTRANO, DANA POINT AND SAN CLEMENTE; AND, MAYOR AUTHORIZED TO SIGN THE MEMORANDUM OF UNDERSTANDING. (60)/I,30) 17. PERSONAL SERVICES AGREEMENT APPROVED WITH KOkVEENGINEERING FOR DOUBLE TRACKING ASSISTANCE; AND, $25,000 APPROPRIATED FROM THE GENERAL FUND RESERVES TO FUND THE INITIAL PORTION OF THE CITY'S SHARE OF THE ENGINEERING SERVICES TO ACCOUNT 01-62118- 4400, ENGINEERING AND BUILDING ADMINISTRATION. (600.30) PUBLIC HEARINGS: None RECESS AND RECONVENE Council recessed at 7:28 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency, Capistrano Valley Water District, and the San Juan Capistrano Sewer Maintenance District No. 1 meetings and reconvened at 7:30 p.m. ADMINISTRATIVE ITEMS H1. COMMUNITY SERVICES DIRECTOR RENAMING THE MINI PARK TO VETERANS PARK APPROVED, CITY FUNDS ALLOCATED TO ACQUIRE NEW PARK SIGNAGE; AND, DELETION OF THE WORD "VETERANS" FROM THE DESCANSO VETERANS PARK NAME APPROVED. (920.40) Project Description: The City received a requestfrom V.F.W. Commander Les Blair to rename the downtown Mini Park to "Veterans Park." Staff recommends the name change in addition to allocation of City funds to assist with acquiring new park signage. Written Communication: Report dated November 5, 2002, by Al King, Jr., Community Services Director City Council Minutes 5 11-5-02 0 AGENDA ITEM TO: George Scarborough, City Manager 0 FROM: William M. Huber, Director of Engineering and Building 11/5/2002 D16 SUBJECT: Consideration of Approval of M.O.U. between the Cities of San Juan Capistrano, Dana Point and San Clemente for funding the services of Double Tracking Engineering by Korve Engineering. RECOMMENDATION It is Recommended that the City Council approve: 1) The Memorandum of Understanding for funding the services of Korve Engineering between the Cities of San Juan Capistrano, Dana Point and San Clemente; and, 2) Authorize the Mayor to sign the Memorandum of Understanding. A. Summary and Recommendation The South Orange County Rail Working Group (SOCRWG) has identified a need for speciality engineering services related to various rail issues. A separate agenda item has been submitted to engage the consultant services. A Memorandum of Understanding is needed to define the cost sharing responsibilities among the three Cities. The M.O.U. will not become effective until approved by all three Cities. Staff is recommending approval of the M.O.U. between the Cities of San Juan Capistrano, Dana Point, and San Clemente. B. Background The M.O.U. provides the framework for allocating the payment of the services provided by Korve Engineering to the SOCRW G Cities. It was agreed, among the Cities, to allocate the costs for the services fifty percent based on population and fifty percent divided evenly among the three Cities. The math works out as follows: City Population Population Percent Even Split 50% I Population 50% Even S lit Combined Percent San Juan Capistrano 33,826 27,31 33.33 13.66 16.66 30.32 San Clemente 54,919 44.34 33.34 22.17 16.67 38.84 Dana Point 35,110 28.35 33.33 14.17 16.66 30.84 Total j 123,855 100.00 1 100.0011 50.00 1 50.00 100.00 FOR CITY COUNCIL AGENDA.(. 0 0 Agenda Item Page 2 November 5, 2002 The M.O.U. provides that should a City require work specific to that City, that provides no particular benefit to the other Cities, the costs will be borne one hundred percent by that City. The M.O.U. also provides for payment of services within 30 days and assesses late charges of 0.75% of the unpaid balance per month. The M.O.U. has been reviewed by each City. Both Dana Point and San Clemente are anticipating approval of the M.O.U. at their November 5`" and 12'hmeetings respectively. The M.O.U. will not become effective until approved by all three Cities. Staff is therefore recommending City Council approve the M.O.U. and authorize the Mayor to sign the M.O.U. COMMISSION/BOARD REVIEW, RECOMMENDATIONS N/A FINANCIAL CONSIDERATIONS N/A NOTIFICATION N/A ALTERNATE ACTIONS 1. Approve Staff Recommendations. 2. Return to Staff for additional information. 3. Do not approve. Agenda Item Page 3 November 5, 2002 RECOMMENDATION It is Recommended that the City Council approve: 1) The Memorandum of Understanding for funding the services of Korve Engineering between the Cities of San Juan Capistrano, Dana Point and San Clemente; and, 2) Authorize the Mayor to sign the Memorandum of Understanding. Respectfully Submitted, William M. Huber, P.E. Director, Engineering and Building WMH/mn Attachments 1. Memorandum of Understanding MEMORANDUM OF UNDERSTANDING BETWEEN THE CITIES OF SAN JUAN CAPISTRANO, DANA POINT, AND SAN CLEMENTE FOR SHARED COST OF SERVICES PERFORMED BY KORVE ENGINEERING A MEMORANDUM OF UNDERSTANDING (MOU) between the cities of San Juan Capistrano, Dana Point, and San Clemente (CITIES) entered into on 2002 for the purposes of payment issues for the personal services agreement with Korve Engineering to provide technical analysis in relation to proposals by Caltrans regarding Los Angeles to San Diego (LOSSAN) rail corridor (Exhibit A, attached). The above CITIES agree to participate in a multi -jurisdictional contract to be managed by a team consisting of the three City Managers or their designees. UTILIZATION AND PAYMENT OF FUNDS Payment share has been determined based on a formula that takes into consideration the 50% of total cost to be divided equally between the CITIES with the remaining 50% paid out based on total population of each City. Citv Population Data/Percent Share % Factor for Total Bill San Juan Capistrano 33,826 Population (27.31 %) 30.32% Dana Point 35,110 Population (28.35%) 30.84% San Clemente 54,919 Population (44.34%) 38.84% The City of San Juan Capistrano will review consultant proposals and invoices, and provide payment for said invoices. The City of San Juan Capistrano shall be reimbursed monthly in arrears by the cities of Dana Point and San Clemente for their share of the total dollar invoiced by Korve Engineering, based on the above agreed upon formula. Invoices shall be issued within 30 days of availability of the cost data from Korve Engineering for the -1- JT - 10/14/02 ATTACHMENT 0 9 previous month. The cities of Dana Point and San Clemente must reimburse costs to the City of San Juan Capistrano within thirty (30) days of the date of the invoice for which payment is being rendered. Late charges will be assessed to CITIES when payment is not received within thirty one (31) days of the date of the invoice for which the payment is being rendered. The late charge assessed shall be three-quarters of one percent (0.75%) of the payment due and unpaid, plus one Hundred Dollars ($100.00) for late payments made within thirty (30) days after the payments are due. An additional charge of three-quarters of one percent (0.75°/x) of said payment shall be added for each additional thirty (30) day period that the invoice remains unpaid. Late charges shall be added to the payment due and invoiced to CITIES. rT.mKOINOWILepan A City may request from time to time work specific to that City, with no particular benefit to the other cities. Under such circumstances, the requesting City shall be 100% responsible for reimbursement of costs associated with the requested work in accordance with the terms herein. UNDERSTANDING DURATION/AMENDMENTS/TERMI NATION Amendments —Any amendment, modification, or variation from the terms of this MOU shall be in writing and shall be effective only upon approval by the City Managers of the participating cities. Duration — This MOU shall remain in effect from the date signed until such time the MOU is terminated. This MOU may be terminated by any of the participating cities, without cause, upon one hundred and eighty (180) days written notice to all other parties. -2- JT - 10/14/02 E All notices or other communications required or permitted under this MOU shall be in writing, and shall be either personally delivered or sent via United States Mail addressed as follows: 1. Attention: City Manager City of San Juan Capistrano 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 2. Attention: City Manager City of Dana Point 33282 Street of the Golden Lantern Dana Point, CA 92629 3, Attention: City Manager City of San Clemente 100 Avenida Presidio San Clemente, CA 92672 All notices sent pursuant to this MOU shall be deemed received (1) immediately if served by personal delivery, and (2) on the fifth day after deposited in the custody of the U.S. Postal Service if served by mail. AUTHORITY TO EXECUTE UNDERSTANDING Cities do covenant that each individual executing this MOU on behalf of each party is the person duly authorized and empowered to execute understandings for such party. The parties hereto have caused this instrument to be executed the day and year first written above. -3- JT - 10/14/02 CITY OF SARI JUAN CAPISTRANO BY- 3eo.tge Scamorough, City Manager APPROVED AS TO FORM: BY: j j� John Sha ,City Attorney CITY OF DANA POINT DATED: ATTEST: Margaret. M. Monahan, City Clerk BY: DATED: Douglas C. Chotkevys, City Manager APPROVED AS TO FORM: BY: ATTEST: Michelle Vadon, City Attorney City Clerk CITY OF SAN CLEMENTE BY: DATED: William O. Talley, City Manager APPROVED AS TO FORM: w Jeff Oderman, City Attorney ATTEST: Myrna Erway, City Clerk -4- JT - 10/14/02 0 0 Dawn Schanderl To: Michelle Norevillie Subject: Request for original document Bill took an item to council on 11/5/2002 regarding an MOU between the cities of SJC, Dana Point and San Clemente for funding the services of Double Tracking Engineering by Korve Engineering. Bill was given 4 originals to have signed by the other cities and we were to get one original back for our files. Would you please check on the status of the MOU process? Thanks i 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) Ivw w. sanjuancapistrano. org TO: William Huber, Engineering and Building Director FROM: Meg Monahan, City Clerk DATE: November 7, 2002 MEMBERS OF THE CITY COUNCIL DIANE L. RATHGATE COLLENE CAMPBELL 3OHN S. GELFF MA`I7 HART DAVID M. SWERDUN CITY MANAGER GEORGE SCARBOROUGH RE: Memorandum of Understanding between the Cities of San Juan Capistrano, Dana Point, and San Clemente for Shared Cost of Services Performed by Korve Engineering. ma Attached are (4) original, executed MOUs as noted above. Per our conversation on November 5, 2002, 1 understand that you will arrange to have the documents executed by the other cities and return (1) original agreement to my attention to maintain in the City's agreement files. Thank you, San Juan Capistrano: Preserving the Past to Enhance the Future