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1976-1214_ORANGE, COUNTY OF_Agreement0 H. G. OSSORNE DIRECTOR C.R.NELSON ASSISTANT DIRECTOR DEVELOPMENT O F RECEIVED JAN 3 2 13 PH '17 GE CITY OF ENVIRONMENTAL MANAGEMENT Ar WcV. -1UAH TELEPHONE! F3{- 2900 DEVELOPMENT DIVISION C A p I S T I` A I AREA CODE 714 400 CIVIC CENTER DRIVE WEST MAILIN9 ADDRESS SANTA ANA, CA. P.C. 4DE IOTS SANTA ANA, CA. 92702 DEC 3 0 1976 FILE R14055 Mr. William Murphy Director of Public Works City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Subject: Agreements Nos. D76-030 and D76-037 Dear Mr. Murphy: Transmitted herewith is one (1) copy each of the fully executed above referenced agreements between the City of San Juan Capistrano and the County of Orange, providing for the installation and maintenance of traffic signals at the intersection of Del Obispo Street and Blue Fin Drive. Also attached is one (1) copy of Board of Supervisors Minute Order authorizing County's execution of the agreements. Very truly yours, K. E. Smith, Chief Cooperative Projects HEM. sr Attachments: 1) Agreements (2) 2) Minute Order MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA December 14, 1976 IN RE: ADMINSTRATION AGREEMENT AHFP PROJECT NO. 794 HARBOR BOULEVARD CITY OF FULLERTON On motion of Supervisor Clark, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign the Arterial Highway Financing Program Project Administration Agreement, dated December 14, 1976, between the County of Orange and the City of Fullerton for construction on Harbor Boulevard between Orangethorpe Avenue and Valencia Driv-, Project No. 794. IN RE: AGREEMENTS INSTALLATION OF TRAFFIC SIGNALS AT INTERSECTION OF DEL OBISPO STREET AND BLUE FIN DRIVE CITY OF SAN JUAN CAPISTRANO On motion of Supervisor Clark, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign the Agreements dated December 14, 1976, between the County of Orange and the City of San Juan Capistrano, providing for the installation and maintenance of a traffic signal at the intersection of Del Obispo Street and Blue Fin Driv. as recommended by the Director of EMA in his letter dated December 14, 191 IN RE: ADMINISTRATION AGREEMENT AHFP PROJECT NO. 703 MANSION AVENUE CITY OF HUNTINGTON BEACH On motion of Supervisor Clark, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign the Arterial Highway Financing Program Project Administration Agreement, dated December 14, 1976, between the County of Orange and the City of Huntington Beach, for construction on Mansion Avenue between 360 feet e of Main Street and Whitesands Drive, Project No. 703. I,C O-I.I L �• ^ Traff�Signal,;and Lighting Mainte ance A G R E E M E N T THIS AGREEMENT, made and entered into this /5�t%v day of 41) 1976, by and between: CITY OF SAN JUAN CAPISTRANO a municipal corporation, hereinafter designated as "CITY", and COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter designated as "COUNTY." W I T N E S S E T H: WHEREAS, CITY and COUNTY have various traffic signal and inter- section lighting installations that are partially in area under jurisdiction of COUNTY and partially in area under jurisdiction of CITY; and WHEREAS, CITY and COUNTY desire to specify the procedure for equitably distributing the maintenance costs for said installations; and WHEREAS, the provisions of Title 1, Division 7, Chapter 5, Article 1, of the California Government Code entitled "Joint Powers Agreements" authorize two or more public agencies to jointly exercise any power common to the contracting parties. NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: I. This agreement shall supersede all previous agreements with respect to maintenance of traffic signals and intersection lighting. II. Routine maintenance work to be performed will include contracting for and/or furnishing of, electrical energies and the necessary repairs or replacements as required to insure a satis- factory service. Installation of additional facilities is not a maintenance function under the provisions of this Agreement. III. The maintenance and operational costs for traffic signal and intersection lighting installations shall be borne by the parties hereto and shall be based on the actual maintenance and operational costs incurred at each installation; CITY's share of said cost at each installation shall be a sum, bearing the same proportion to the total cost of maintenance, as the number of legs �I 016,037 of highways under jurisdiction of CITY as the location involved, bears to the total number of legs of highways at such location; COUNTY's share of said cost at each installation shall be a sum, bearing the same proportion to the total cost of maintenance, as the number of legs of highways under jurisdiction of COUNTY at the location involved, bea_s to the total number of legs of highways at such location. IV. The minimum maintenance cost division at any intersection under the terms of this agreement shall be based upon one half (1/2) of one (1) leg of that intersection. A substantial portion of the traveled way shall lie within the jurisdiction of the agency concerned, wherever the above minimum 111/2 leg" division is a part. V. For purposes of determining the number of highway legs applicable to each jurisdiction, the CITY limits shall be as they exist at the time the maintenance costs are incurred. VI. The traffic signal and highway lighting installations at which the cost of maintenance is shared by CITY and COUNTY, along -with the proportion of costs for each agency, are shown on Exhibit "A", attached hereto and made a part hereof. VII. CITY will furnish, service and/or perform such maintenance work as is specifically delegated to it, and COUNTY will furnish, service and/or perform the work not otherwise assigned to CITY, all as shown on Exhibit "A" attached. VIII. The maintenance responsibilities for all future cooperative installations shall be borne by the COUNTY unless otherwise pro- vided'for in the cooperative agreement for the installation. IX. The agency assuming the maintenance responsibilities in accordance with Section VI, VII, and VIII above will bill the other involved agency, as provided for in this agreement, and will promptly be reimbursed by the billed agency, for the appropriate maintenance costs. Exhibit "A" of this agreement may be amended as required for future traffic signal and highway lighting instal- lations upon the mutual consent of the Assistant Director, Environ- mental Management Agency, Development Division and the CITY Engineer. -2- D76-037 In the event an annexation includes • portion of an existing COUNTY installation, CITY will be responsible for costs as outlined in paragraph III. Should all COUNTY legs of highway at a particular installation be annexed to CITY, then CITY shall assume all maintenance responsibilities on the effective date of the annexation to CITY. CITY shall submit a revised copy of :■ Exhibit "All for approval by the Assistant Director of ENA, I Development Division within thirty (30) days of the effective date of said annexation. %I. It is mutually understood and agreed: (a) That neither COUNTY nor any officer or employee there- of shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this agreement. It is also understood and agreed that, pursuant to Govern- ment Code Section*895.4, CITY shall fully indemnify and hold COUNTY harmless from any liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or juris- diction delegated to CITY under this agreement. (b) That neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or juris- diction not delegated to CITY under this agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Gover.^..;,ert Code Section 310.8), occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction not delegated to CITY under this agreement. -3- - D76-037 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 its Board of Supervisors and attested by its Clerk, all thereunto duly authorized by Minute Order of CITY COUNCIL and the Board of Super•-isors . CITY OF SAN JUAN CAPISTRANO a municipal corporation Dated: j/ - 3 - 7 6 ByDOUGLAS B. ASH, MAYOR A7 -MST: i CM Clerk COUNTY OF ORANGE a political subdivision of the State of Caligforniaa, Chairman, Board of Supervisors ATPT: -,7UNE ALEXANDER Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM ADRIAN KUYPER, COUNTY COUNSEL ORANGE ���COUNTY, (�//CALIFORNIA p" � `�,lt-ei(0 APPROVED AS TO FORM JAMES OKAZAKI, CITY ATTORNEY San Juan Capistrano -4-