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10-0525_ORANGE, COUNTY OF_AgreementAgreement No.D09-031 PROPOSITION 42 CITY AID PROGRAM FUNDING AGREEMENT This CITY AID PROGRAM FUNDING AGREEMENT, Agreement No. D09-031 ("Agreement") is made and entered into this day of 5 , 2010, by and between County of Orange, California, a political subdivision of thd State of California ("County"), and 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. WHEREAS, Orange County cities have streets in need of routine roadway maintenance, minor roadway widening (non -capacity enhancing) and storm. damage improvements, but have limited funds to address these needs. B. WHEREAS, pursuant to Streets and Highways Code Section 1686, the California State I..,egislatre has determined that the improvement and maintenance of all city streets is of general county interest. County believes that it is of general interest to the county and all the cities within the county to extend financial aid to the cities for the general improvement and maintenance of city streets in that the improvement of transportation congestion is of benefit to all Orange County residents. C. WHEREAS, County desires to assist Orange County cities with the improvement and maintenance of city streets, and to help improve regional transportation needs within the county. County receives Proposition 42 ("Prop. 42") allocations from the State's Transportation Investment Fund ("TIF") for the purposes of street and highway maintenance, rehabilitation, reconstruction and storm damage repair. D. WHEREAS, With authorization from the State, County has established its Prop. 42 City Aid Program ("CAP"). County will allocate a portion of County's Prop. 42 funds to participating cities for the purposes of routine roadway maintenance, minor roadway widening (non -capacity enhancing) and storm damage improvements within the cities ("CAP Funds"). City's expenditure of CAP Funds is to be in accordance with California Constitution Article XIX B Section 1 and Revenue and Taxation Code Section 7104, and all other applicable State rules, regulations and guidelines ("Prop. 42 Requirements"). E. WHEREAS, City owns and operates streets in need of routine roadway maintenance, minor roadway widening (non capacity enhancing) and storm damage improvements, and acknowledges that it has limited funds by which to address these needs. Therefore, City is in support of receiving CAP Funds. NOW, THEREFORE, in consideration of the foregoing recitals of fact, the mutual covenants and conditions contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows: Page 1 of 6 Agreement No.D09-031 1. Cit Re uest for CAP Funds Prior to disbursement of CAP Funds, City shall provide County with a request for CAP Funds listing the proposed project(s), delineating all costs for project design, construction, and construction management that comply with Prop. 42 Requirements, and referencing Agreement by number. City shall also provide documentation, such as a city council minute order, indicating award of the project(s), the contractor to which the project(s) was awarded, and the amount of award, which award must be greater than the amount of the request (collectively, "CAP Funds Request"). 2. Procedures for the Disbursement of CAP Funds 2.1 After County reviews and confirms eligibility of City's CAP Funds Request, County will disburse CAP Funds to City in accordance with this Section 2 in an amount not to exceed $85,847.00. 2.2 County will disburse CAP Funds to City in the order it receives eligible CAP Funds Requests from all participating cities, i.e., on a "first come, first served" basis. County will disburse CAP Funds to City upon County's receipt of its fiscal year 09110 Prop. 42 allocations from the State. CAP Funds will not be disbursed to City until such time that adequate Prop. 42 funds are made available to County to pay all participating cities which have previously submitted eligible CAP Funds Requests. 2.3 CAP Funds shall be allocated proportionally based on the percentage of City's population compared to the total population of all participating cities as of the latest estimates published by the Demographic Research Unit of the California Department of Finance. 2.4 County's disbursement of CAP Funds is subject to the State's allocation of Prop. 42 funds to County including, but not limited to, allocation delays by the State or changes to Prop. 42 Requirements. 3. City Obligations 3.1 In order to receive CAP Finds, City shall maintain its existing Maintenance of Effort ("MOE") of local funds for street and highway, maintenance, rehabilitation, reconstruction, and storm damage repair. City must annually expend from its general fund for street, road, and highway purposes an amount not less than the annual average of its expenditures from its general fund during the 1996-97, 1997-98, and 1998-99 fiscal years, as reported to the State Controller pursuant to Streets and Highways Code Section 2151. 3.2 City must expend its CAP Funds between July 1, 2009 and June 30, 2011. Any CAP Funds not expended by June 30, 2011 ("Deadline") shall promptly be returned to County, but in no event shall City return CAP Funds later than August 31, 2011. Page 2 of 6 Agreement No.ID09-031. 3.3 If City determines at any time that City cannot expend its CAP Funds by the Deadline, City shall immediately notify County in writing of this determination. City shall then return its remaining CAP Funds within thirty (30) days of said notification. Should City's CAP Funds be returned to County prior to Deadline, County will attempt to reallocate the funds to other County projects. However, if County is unable to do so, the funds will be returned to the State. 3.4 Upon the expenditure of all CAP Funds, City shall promptly submit, but no later than August 31, 2011, an expenditure certification to County, listing the project(s) for which CAP Funds were used and certifying that all expenditures of CAP Funds comply with Prop. 42 Requirements. 3.5 Upon request by County, City shall provide County, within thirty (30) days of the request, all documentation and other information relating to City's expenditure of CAP Funds. 3.6 In the event of an audit by the State, City shall provide State and/or County all documentation requested by the State within the timeframe required by the State. City shall work cooperatively with County during the course of the audit. City shall attend all audits and audit proceedings, as needed. If the State rinds that any City expenditure of CAP Funds is ineligible or does not comply with Prop. 42 Requirements, the amount of the ineligible expenditure shall be immediately reimbursed to County, which will be returned to the State. 4. Miscellaneous Provisions 4.1 Availability of Funds County's obligation is subject to the availability of funds appropriated for this purpose, and nothing herein shall be construed as obligating County to expend or as involving County in any contract or other obligation for future payment of money in excess of appropriations authorized by law. If County's total Prop. 42 allocation from the State falls 10 percent or more below the anticipated eighteen million, three hundred thousand dollars ($15,300,000) yearly allocation, County will adjust the seven million dollar ($7,000,000) total CAP allocation by the same percentage. City's allocation of CAP Funds will likewise be adjusted. There will be no adjustment if County's total. Prop. 42 allocation from the State exceeds County's anticipated allocation amount. 4.2 Indemnification & Hold Harmless City shall indemnify, defend with counsel approved in writing, 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, including attorney's fees and costs, 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. Should a City expenditure of CAP Funds be determined to be ineligible by the State, City is further liable for any interest payments, fines, or other forfeitures that may be assessed by the State. Page 3 of 6 Agreement 1lo.D09-031. Notwithstanding Sections 3,2 and 3.3, City shall return CAP Funds to County within thirty (30) days should 1) the State or County deem any City expenditure of CAP Funds to be ineligible; or 2) the City Aid Program be found to be incompatible with State requirements. 4.3 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 County. Furthermore, City agrees that CAP Funds shall not be expended on, given to, shared with, or otherwise provided to any other city, local agency or other entity that is not contemplated under this Agreement. 4.4 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. 4.5 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. 4.6 Calendar Days Any reference to the word "day" or "days" herein means calendar day or calendar days respectively, unless otherwise expressly provided. 4.7 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 32450 Paseo Adelanto San Juan Capistrano, CA 92675 Phone 949-443-6337 Facsimile 949-493-1.053 and County: Director/Chief Engineer, OC Engineering OC Public Works County of Orange PO Box 4044 Santa Ana, CA 92702-4048 Phone 714-667-3213 Facsimile 714-834-2496 Page 4 of 6 Agreement No.D09-031 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. 4.8 Termination County may terminate this Agreement for any reason provided that City has not awarded any project on which its CAP allocation will be expended. After City has awarded a project on which its CAP allocation will be expended, County may terminate this Agreement if 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 CAP funding is terminated, and the date upon which the termination is effective. 4.9 Breach The failure of City to comply with any of the terms and conditions of this Agreement shall be a material breach of this Agreement. A breach of this Agreement by City may be grounds to not include City in future allocations of City Aid Program, as determined by County. 4.10 Waiver of .bury 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. 4.11 Attorney's pees 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, the Parties shall bear their own attorney's fees, costs and expenses. 4.12 Governing Law & Venue This Agreement has been negotiated and executed in the State of California and shall he governed by and construed under the laws of the State of California. In the event of any Iegal 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. 11 1/ 11 Page 5 of 6 Agreement No.D09-031 IN WITNESS WHEREOF, City has caused this Agreement to be executed by its Mayor and attested by its Cleric, 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 APPROVED AS TO FORM: B�y -ity Attorney � County of Orange, a political subdivision of the State of California Date: 5-9'5 —10 By: Chair an, Board of S p visors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED APPROVED AS TO FORM: TO THE CHAIRMAN OF THE BOARD COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA Dar Clerk of the I Orange By-, At' Bloom Deputy of Supervisors of y, California Page 6 of 6 DATE: 06/05/11 CITY OF SAN JUAN CAPISTRANO SENA" VIA: US Mai( 32400 Paseo Adelanto San Juan Capistrano, California.92675 949 493-1171 FAX: 949 493-1251 ENGINEERING DIVISION TRANSMITTAL Orange County Public Works 300 N. Plower Street Santa Ana, CA 92703 FROM: Nisha Patel (949) 443-6350 PROJECT/DESCRIPTION: Pavement Rehabilitation Improvement Plans Project STATUS SENT FOR YOUR PLEASE NOTI ❑ Preliminary ❑ Comment ❑ Corrections ❑ Reviewed ❑ Review ❑ Revisions ❑ Revised ❑ Approval ❑ Additions ❑ Approved ® Distribution/Use ❑ Omissions ❑ Permitted ❑ Infdrmation/file ❑ Deletions Number of Documents: 1- Project Expenditure Certification Form 2- Last invoice from contractor as back-up information Please note the following comments: Attention: John Powers Per your request, attached is the executed Project Expenditure Certification Form for CAP FY 09/10 Drop. 42 expenditures. On July 5, 2011, we will go before the City Council for approval of the City Clerk to process the recording of Notice of Completion. Once I receive the recorded document, I will forward you a copy for your records. If you have any questions, or need any additional information, please do not hesitate to contact me at (949) 443-6350 or npatel@sanjuancapistrano.org. Sin.cler ly �, V ._ Nisha A. Patel CC: 32400 PASEO ADEL.ANTO SAN JUAN CAPIST@ANO, CA 9267S (949) 493-1171 (949) 493-1053 FAX www.sanjuancapistrano.org MEMBERS OF THE CITY COUNCIL PROJECT EXPENDITURE CERTIFICATION CITY OF SAN JUAN CAPISTRANO To County of Orange: The City of San Juan. Capistrano certifies that the following project(s). have been funded, in part or in whole, in accordance with.the State of California Proposition 42 legislative requirements and Orange County City Aid Program guidelines. 2. 3. 4. 5. 6. Project Cost Pavement Rehabilitation Improvement Plans $2,639,365.60 Total County of Orange CAP FY09/10 Prop. 42 expenditures $85,847 SAM ALL EVATO LAURA EREESE LARRY KRAMER DEREK REQ JOHN TAYLOR 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 all of these costs were incurred between 7-1-09 and 6-30-11. Director of Pu lic Works or City Engineer 0 - Date San Juan Capistrano.- Preserving the Past to Enhance the Future *** C O N T R A C T I N V O I C E *** TO: CITY OF SAN JUAN CAPISTRANO .Invoice No : 1.7.0 32400 PASEO ADELANTO Invoice Date: 04/30/2011 SAN .TUNA CA.PISTRANO CA 92675 Estimate No: 7 Completed Thru: 04/30/1.1 Owner Job NO P. O. S 2 2131.7 I FROM: Copp Contracting Inc P.O. BOX 457 BUENA PARK CA 90621.0457 714-522-7754 CONTRACT: 136.8 SAN JUAN CAPISTRANO-PAVEMENT RBHAB45372 PHASE DESCRIPTION OF WORK ---------CONTRACT VAt.UES---------- . -PREVIOUS COMPLETED- ----THIS INVOICE---- ---TOTAL TO-DATE--- OUANTITY UNIT PRICE $ AMOUNT QUANTITY $ AmOUNT QUANTITY 5AMOUNT QUANTITY $ AMOUNT 001 MOB:LTZATTON (C_P 1.000-L.S. 90000,0000 90000.00 1.000 90000-.00 0.000 0.00 1.000 "49,0000.00 - 003a C>j-D+d1L% 6'HEAABR.OT015: 18518.000 S.Y. 1.3100 24127.56 18392.000 25403.52 0.0au 0.00 19.392.000 2$403.52 00.3b CDLD?41�LL 6'£(F.AD£R 'L" UE 1536.000 S.Y. 1.8900 8573.04 2207.000 4171.-23 0.000, 0.00 2207.000 4271.13 003c C01.1)MSi4. 201HEADER 2"DE, 2911.000 S.Y. 2.5200 7335.72 2595.000 6539..40 0.000 0.00 2595,000 6539.44 0034 COLDMILL PULL WI.DTH,.2"A 3372.000 S.Y. 2_2080 7418.40 3126.000 687"1.20 0.000 0.00 3126.000 6877.20 064 COLDMMILL SPEED RUMP 201.000 S.Y. 8.1090 1626.10 344_000 2802.60 0.004). 0.00 346.000 2802.6V 00'5 CRACK99AL 1/'8" & GREATS 1.000 L.S. 46000.6000 46000-00 1,.0.00 46000.00- 0 000 0.00. 1-000 46000:00 006_ A/C OVEPLAY 12272.900 TONS 68.4700 840263.84 122-8.800 8400413.74 0.000 0-a0 122.68.800 840044,74 007 CONSTRUCT A/C SPEED UM 15.000 EA._ 140:0.:000.0 2'1.400.00 15,000 216do .06 01000 0.00 15.000 21000.40 008 ADJ. CVWD VALVE BOXES 152.000 EA, 375.0000 5. 7000.00 337.00.0 51375..00 9.000 0-00 13?,000 51375.00 009 AD:T.. MANHOLES 97.00fl0 EA: 280.0000' .27160,00 102.00'0 28560-00 0.000 8.00 1.02.000 28560.00 010 ADJ, SURVEY WELL MONUME - 2.000, Eh. 280-..0000 560.00 3.000 560.00 0.000- 0-00 2.000 560:00 011 INSTALL DWS TILE 7,000 EA. 625.0000 4.375.00 2.000 1250.0.0 0.000 0.00 2.000 1250.00 012 R&R 4" PCC CURS RAMP/DW 46.000 EA, 2900.0000 .13"3400,00 43.000 124700,00 4-.000 - 0.00' 43.000 124700.00 013 THERMO 4"SOLID WHITE'LI. 14622,000 'L -P. 0.3100 4532.82 14.522..0'00 4532.82 0.000 0-00 14622.000 4532.82 014 THERMO 4"SOLID Y&LLOWLI. 439.000 L.P. 0.3700 160.21 433.000 160-21 0,000 0.00 433.000 1.60.21 .015 `17HERM0 11"DASH WHITE LI9 3926.000 T_P, 0..3200 1155.32 392.6.000. 1256..32 0.000 0:00 3926.000 1256.32 016 THERMO'DBLE. YSLLCW SOL' 9360.000 L.F, 1.2500 11700.00 9380.OE101172.5--00 26.000 25.100- 9360.000 17,700.00 037 TF1.RRMQ UBLE, YELI.LW DAS 630,000 L.P. 0.8200 5.16.613 680_00€3 557.60 -50.000- 47..00- 630.000 516.60 018 MARKERS/THERM0 LINES 252.£100 L.F. I-0500 264.60 _ 0.000 - 0.00 2.52.00€1 264.60 252.000 264.60 u19 THF .0 8" WHITE LINE LE 2/94.000 L.F. 0-80.00 2235:20 0.000 0.00 2794.000 2,235.2.0 .2794.000 2235.20 02 C. iHFRMO 6" WHITE LINE 80.000 J_ F. 1.0500 .84.00 e0.Ob0` $4.00 - 0.0,0.0 0.00 80.000' 84..00 C21 6-' WRITE LINE 45.1.060 L.F. 0.4700 211.97 - G.. 0Q0 0.00 451.000 211.97 451.000 211..97 02"0- THERMO. MARK! NUS/ARROW 764.000 S.F. 2.3000 1757.20 764:00'0. 2757..20 0.000- 0.00 764.000 1757.20.. 024 THERMO MARKINGSIVORDS .2025.000 S.F. 2.6000 5265;00 2025.000 5265.Q0 0,000 0.00 2025.000 5265.00 025 THERMO 12.'CROSSWALK/LSM 1401-000 L.F., 1.8000 2665.80 1542.000. 2775.66 61.00q- 109.80- 148.1.400 2665.83 028 THERMO BIKE LANE ARROW/ 1-000 EA, 110.0000 110.00 1.000 110.00 0.000 0.-00 1.000 110-00 023 THERMO DOUBLE YELLOW E,I 3812.000 L.F.. 0.7300 2782.76 598.3.000 4367.513 2171-000- 1564..83- 3812..(FOG 2702:76 030 THERMO DOUBLE YELLOW LI 922.000 L.F. 0.7300 665.176, .3360.00.0 2452.80 2448.000- 1787.04 912.000 665.76 034 FIRE HYDRANT MARKERS 3-8.000 SA. 10-.0000 380.00 0.000 0.00 38,.000 3.80.00 38.000 380,00 03.5 HUMP STRIPING 1-000 L.S. 4300.0000 4300-00 1.000 4300.00 0.000 0.00 1.010 4300.00 036 INDUCTIVE LOOP DETECTOR - 41000 EA. 200.0000 800,00 27-000 5400.00 0.000 0.00 27.000 5400.00 037 R & R EXISTING ST. SIGN\ 3.000 EA. 300.GOOO 900..00 3..000 900.00 0.000 - 0--00 3.000 900,00 038 TRAE'F'IC CONTROL - 1.000 L. -S, 40000.0000- -4$000.00 -1.000 45000.130 0.000 0.00 1.040 48000.00 039 CITY NOTIFICATION SIGNS . 1.000- L.S. 3000.0000 3000-00 - 1.000 3000-00 ,0''.000 0.00 1.000 3000.00 040 PROJECT SURVEY - 1.000 L.S. 12000.0000 12000.00 1.000' 1200€3.00 0.000. 0.00 1.000 12000.00 -044 OFF S'PREST STORAGE 1.000 L.S. 2$00.0000 2500.00 1.000 2500.00 0.000 0.00 1.000 2500.60 032. BIKE TRAIL SLURRY SEA14 - 6680.000 S.Y. 2.0600 13760.80 6460.000' 13307.60 0-000 0.00 6460'.090 13 307.617 041 Ht37 Na ti"_'4 CAV"_S AL/SLUli8791.GOD S.Y. 4.7400 61045.9.34 122081.430 578565.98 0.000 0.00 122081.430 578665-96 ^4.? STRIPING/MARK,CRIP,3I_KE 1.000 L.S. 39400.0000 19400.00 0.000 - 0.00 1.000 39400-00- 1.000 -3.9400.00 Total Contract 'Io -Date, 2,038,560-.06 1,952,40? -41 38,944.7.4 1.9O1, 345 .51 *** C O N T R A C T I N V O I C E TO: CITY OF SAN JUAN CAPISTRANO invoice No 1.71.0 324:.00 FASEO ADELANTO Invoice Dame: 04/30/2.011 SAN JUNG CAPISTRANO CA 92675 Estimate No: 7 Completed.Thru: 04/30/11 Owner Joky Na P _ O. S2 21.3171 FROM: Copp Contracting Inc P.O. SOX 457 BUENA PARK CA 90621--0457 714-522-7754 CONTRACT: 1368 SAN JUAN CAP18TRANO-PAVEMENT REHAB#5372 PHASE I?ESCRZFTION OF WORK. --------- CONTRACT VALUES- -PREV£GUS COMPLETED----,rRT..S TNvoTCE---- ---TOTAL TO-DAIe- - QUA.NTITY UNIT PRICE S AMOU14T QUANTITY $ AMOXII T QUANTITY $ A.molFw QUANTITY S AMOM-T Work Completed To-Date: 1,991,345.51 Less Retention: 99,567.29 -------------- 1,891,778.22 Less Previous Billing: 1,855,199.5-5 Current Payment nue $ 36,57_8.6Ei Inv. Date41—VJ1.� heti s�, 'v: GrssDisc.� (/� ` j 1. .. *** CONTRACT TO: CITY OF SAN JUAN CAPIST 2AIdO 32400 PASEO ADEL,ANTO SAN JUNA CF!PIS.TRANO CA 92675 FROM: Capp Contracting Inc P.O. BOX: 457 BUENA PARK CA 90621..-0457 . I N V Q 1 C F ** Invoice No : 1712 Invoice Date: 04/30/201.1 Estimate No: 7 Completed Toru: 04/30/11 Owner Job No : P.O. 5221317 Werk Completed To -Date:- 118,752.04 Less Retention: 5;937.60 -------------- 11.2, 81.4.44 Less Previous PAYMMS 86,912.79. , Current Payment Due: 25, 901.65 22t 7.14-52.2--7754 CONTRACT: 13688 SAN JUAN CAP CHANGE ORDERS ONLY c{s=.••=��_�,•^-=4=___� .=aR ? h5 DESCRiPT10N OF WORK - - - ___ -_---= === ---------CONTRACT VALUES ----------M 4UANTI'ry UNIT PRICE. S AMOUNT -PitSi]'IQUS CL?FAk�1.1:`iEf7- QUANTITY $ AMOUNT ---T1E1S IlV1i0iCE--..._ QUAYTZ9"1.' S'Af✓i0Uk17` ___TOTAL TO -DINTS--- QUA141'I1'w S AMiIUNT �====a"� Cot'1 COR2' CO4`s ::*3ri4 rO�S -'' �? CG„'8 .L'Cli;9 Colo Coll CO22 CO13 COIg C015 0016 ro17 CQl& =9 0020 CG21 R&R P4/C�PATCRESa- _. R..�1Y990�L.5.3509�000a�= nr n 1.000 L..S. .kPP �.S TCO E. WORK ¢;O SPOULDER & SAYRICADE 14.009 EA. t€o:z RING/COVER REVOVE €1' 3.000 EA. Mc.�R SO:( ERC}kAY�G6/RA:S. 3.000 �_ 9_rC ER WELLS 3.000 EA. %(3NScZ€iw"1' 64lfi P£R. JAAIE$ k..009 U.S. i4ISSIAt7 3ISf€.S ACCESS RD 1..0.01! L. -S. REt40VE/1t6PLFLCB C /GUT 5011.000 L.3'. REMOVE/REPLACE II/H APPR 834.000 S.F. SPEED SUtiPS STGNS' 2.000 £A. PLACS(COPACT BASE S3C. 3600.000 L.F. t9 Pi 9C- CHIP TABS 1.000 L.&_ MAN -LEFT TURN - 1-000 EA. ADJ. PULLBOX TO GRPDE 1.0130 EA. GHOC ;T STR'rPI.NG-wHrTH 1.000 -L.S UQUSSaPIAN SIGNS ON PO$ 1.000 8A. EQ{)ESTRSAi: SIGNS EX POS Y.000 EA. SPEED BUMPS IN CONCRt= 1.000 T -S. C'NCES S.YC RD PER INSP 1.000 L.S. A7 SIGN,BAR, ETC NOT 4N PLA 1..000 L:5. 5380.0000 63.43,0.0 575.00.00 335..0000 275.0000 3$09.0000 28399.5300 49.0400 15.8000 110'.00,00220,.00 5.6700 2&73.0000 6750.0000 6.00.0000 5000.0000 4061 0000 200.0060_ 999.0000 � 500,0000 650.0000 3500-00��--=-ip0003500.00 5380.00 - 880.02 525.00 1£}05.00 825.00 1800.00 - -- 26'399.53 2450000 13177.26 21132.00 267,3.04 6750.00 600.00 "Suo0.00 460.00- 209.90 999.40 900.00 650.00 1.000 14.000 3.000 1.D00� 3.000 1.000 2.000 175.060 442.000 . 2.000 3900.00O 1.000 2.010.0 F coo - (�'' (} Q.'Oa0 � 0.000 0.000 5360.00 888.42 525.00 335.00 825.00 1800. 0.0 29539-5370fl1) 8575.0 6383.60 2:20.00 22893:00 2673.00 675{9 :00 600.00 _. Y .. 0.00 0.00 0. OU 0.000 0:00!3 0.000 .11.00 0.000 0.000 0.000 0.000 0..000 0.00.0. 0.000 0.040 0.000 0.000 0.£140 0.000 2 2- _ 1 _.. 1.00n 1.000 1.000 0.00 1.000 0.00 I.000_ O.fFO 19.004 3.006 fj.00 3,.400 0.(19 3.000 0.00 1.00€! 4.01 2.000 0.00 175.(00 0.00 €42000 0.00 2...009 0.00 3900.900 0.00 1.000 - 0•90 1.600 0.00 1.000 23715.89 2.000 &00...0 2.000 .. - 20.0.60' 11039 993.00 1.000 900..00 1.00fl 650.00 1.909 3590;00 53$9.04 888.02 525.00 335.69 .825.44 1800.00 29539.53 8575.00 6983.60 223.00 22893.00 2673.00 6756.00 600.00 23715.89 890.00. 240.04 - 959.00 900.40 650.40 - Total Crancract Fa -Date: 119;523.75 91 48715 , . 27, 264-.89 _ .. .» - 118.752.04 Werk Completed To -Date:- 118,752.04 Less Retention: 5;937.60 -------------- 11.2, 81.4.44 Less Previous PAYMMS 86,912.79. , Current Payment Due: 25, 901.65 22t ** C O N T R A C T I N V 0 I C E �x TO: CITY OF SAN JUAN CAPISTRANO Invoice No 1711 32400 PASEO ADELANTO Invoice nate: June 7, 2011 SAINT JUNA CAPISTRANO CA 92675 Estimate No: 7 Completed Thru: Julie 7, 2011 Owner Job No P.O, 52213171: FROM: Capp Contracting Inc P.O. BOX 457 BUENA PARK CA 90621-0457 71.4-522--7754 CONTRACT: 1368A CAMINO CAPISTRANO PHAS£ DESCRIPTION' OF WORK ---------CONTRACT VALUES ---------- -PREVIOUS COMPLETED- .._THIS INVOICE-"-- ---TOTAL 'TO -DATE --- QUANTITY UNIT PRICE $ AMOUNT QUANTITY $ AMOUNT QUANTITY $ AMOUNT QUANTITY S AMOUNT ---------------- Al^�-MO&ILI2:ATION 1.009 L.S. 28000.0000 28000.00 1.000 28000-00 0.000 0-00 1.000 28000.-.00 A3 COLDMILL 61HI+AD3R 0-3:5/ 5975.000 S.Y. 1.3300. 794.6.75 5861:000 7795:.13 0.000 O.O.D 5861..000 1795.13 133 COLDMILL 61HFi Ap2R 2"DEE 4.536.000 S.Y. 1.8300 83-90,88 4402.00.0 8055-66 - 0.00() 9.00. 4402.000 8055.66 C3 C.:OI,OMILL 20'H ADIR 2":BE 778.000 S.Y_ 5.7.0.00 4045-.60 763-.00Y} 3967.60 0.000 0.00 763.000 3967.60 1)3 COLDMLLL O'06L WIDTH 2" - 79'86.000 S.Y. 1.4400 37.499.49 7724.000 1122.56 0.000 0.00 7724.000 11122.56 E5 CRAC:CS931L lf.E" & GP,EA7 -_.000 L.S- 600:0.0000 800'0.00 1.000 6000.00 0.000 0.00 1.000 8000-00 EA6 2" A/C OVE'RLA'Y 44017.000 'PONS 69.4700 305668.09 4405.880 306074•-40 0.000 0,00 44.05.850 306074.40 F8 ADJ. CVWD VALVE 9QXES .. 45.090 EA 375.00.06 3.66-75 -00 O -000 17625.00 0.000 0.00 47.000 17625..00 G9 ADJ- 3MHDLES 34.000 13A. 280.0000 9520.00 3.5.000 9806.00 0.600 0.00 35-.000 9800.00 Nil SNNTALL DWS TILEBOXES 12.000 EA 625.0000 7500.00. 1.000 625.00 0.00D 0.00 1.000 625.00 T12 R&R 4" PCC CURB RAMP 22.000 Edi 2900.00.00 638.00.00 10.000 29000._00 0..000 0.00 10.000 29000.00 J13 THERM 4" SOLID W141TE - 2382.000 L.F. - 0,31.00 738.42 3125.000 968.75 743.000- 230.33- 2382.000 718.42 K15 THERMO 4" DASH WHITE LI 3354.000.L -F.- 0.9200 1073.28 3278.000 1048-96 76.000. 24.32 3354.000 1073.20 L16 THERMO BSL-. YELL.K SOLI 24.04. QUO L. F. 1.3000 3125.20 0.060 -0.00 2404.000 3125.20 2404.000 3125.20 1137 THERMO DBL, YELLOW DASH: 42:48.000 L.F. _1.0300 4175.44 6012,009_ 61---92.36 1764.000- 1816.-92- 4248.000 .4375.44 018 MARKERS/THMMO TRAFFIC 330.000 L -F. 0.75.00 247.50 258.000 193.50 72-000 54.00 330.000 247,50 019 TH&RM0 8'! WHITE LINE LE: 315.1.000 L.P. 0.7000 2205.70 1092-000 764:�q0 2059.000 1441-30 3-151.0013 2205.7.0 P20 THERMO 6" WHITE LIME 385.000 L,F. 0.5200 200.20 .0.000 0.00 385.000 200.20 -385.000 200.20 On 6" WHITE LINE - 2079.000 L.F_ 0.5200 1081-08 2656.000 1387..12 577.000- 300.04- 2079.000 1081.08 _R22 THERMO MARKIV6;S, ARROW$ 804.000 S.F. 2.3000 1849-.20 343.000 788.9.0 461.009 1060.30 804.000 1849.20 R24 THEKMC MARKL?4S-, WORDS 11.8.9.000 S.F. .2..6000 3.091..40 0:000 0:.00 1169_.000 3091.40 1189.000 3091,.40 825 THERMO 1'2" CROSSWALK/LI 3104.000 L.F. 1.88©00 5587.20 8.98,094 1616-40 22.06.000 1970.80' 3104.0{10 558'7.20 '3'27 THERMO 41 W147TE_ LINE 83.000- L.F. 1.5500 128A., ..0.000 0.06. 83,000 12'8.65 83.080 128.65 C28 THERMO B ME LANE ARRDW/-, 4,000 EA 110.0000 440:00 0.00.0 -0.00 4.000 440.OD 4,.00.0 440.00 V29 THERMO DOUBLE YELLOW..[.„: 1200.000 L. P. 0.7.300 676.0Q' 51.10:000 - 3730.30 3.97.0.1300- 2854:30^: 1200.00a 876.00 V31 THE MO PARKING I,INVS 500.000 L.F. 0.5200 260.00- 0.000 0.00 500.000 260.00 500.000 260.[0 1434 FIRS HYDRANT MARKERS. - 13.000 CA '11.0"000 143.00- 0.000 - C.00l 13.000 ;143.00 13.000 143.00 X36 INE 17C'C'IVE LOOP DETECTOR 116.-000 24 200.0000 23200-00 130.0100 26000.00 0.000 0..00 130.000 26DO0.00 Y37 R&R EXISTING. ST. SIGNS - 2-.000'EA 300.0000 600.00 1:000 30o,00 1.000 300.00 2-,000 600.00 7.}$ TRAFFIC CONTROL - 1.000 L -S. 19006.0000 79030.00 1.000 19000.00 0.000 - 0.00 - 1.000 19000,00 7.39 CITY NOTIFICATION SIGNS 1-000 L.S. 1.000.0000 1.000.00 7.1000 1000:00 0.000 0.00' 1.000 1000,_00 2,4D Mb.IECT SLRVEY 1.00.0 L.B. 4000.cOD0 4000..00 1.000 4000:OD 0.000 0.00 1.000 4000.00. 7,,41- OFF SCR29T STORAGE - 1.000 L.S. 900.0000 9.00.00. 1.040- 900.00 0.000 0.00 1.000 900.00 Total Contract To -Date: 545,275.34 ft 497,950-04 9,037.58 506,987.62 Disc__- � _loot ? iSC. �- �-�,--- *** C O N T R A. C T I N V 0 I C E *** TO: CITY OF SAN JUAN CAPISTRANO Invoice No : 1_711 32400 PAS80 ADELANTO Invoice Date: Ju-ne 71 2011 SAN JUNA CAPISTRANO CA 92675 Estimate No: 7 Completed Thiru : June 7, 2011 Owner Nola No : P . O . S 2 21.3171 FROM. Copp Contracting Inc P.O. BOX 457 BUENA PARK CA 90621-0457 714-522-7754 CONTRACT: 13.GSA CAMINO CAPISTRANO Work Completed 'o -Date: 5()6,987.62 Less Retention: 25,349.38 ------------- 481,638.24 Less Previous PAYMENTS 457,202.08 Current Payment Due: $ 24,436.16 Nisha Patel From: Nisha Patel Sent: Monday, June 06, 2011 3:33 PM To: 'Powers, John' Subject: RE: 2010 Measure M Eligibility Thank you, John. I'll get the certification back you within a couple of days. We will go before the Council for approval of the NOC next month. Thea I will have to wait on a copy of the recorded NOC from the County. I will maize a note to send you a copy. Nisha Patel, P City of San Juan Capistrano (949)443-6350 Public Works Department Mission Statement "To enhance the quality of life and preserve the City's heritage and charm through timely response, effective design, environmental sensitivity, and infrastructure maintenance." From: Powers, John [mailto:John.Powers@ocpw.ocgov,com] Sent: Monday, .June 06, 20113:29 PM To: )Nisha Patel Subject: RE: 2010 Measure M Eligibility No, whenever you get the NOC certified is fine. Just send me a copy for my records. You can send back just the certification for now. Thanks, John Powers From: Nisha Patel [mailto:NPatel@sanjuancapistrano.org Sent: Monday, June 06, 2011 3:28 PM To: Powers, John Subject: RE: 2010 Measure M Eligibility John, Would the NOC meed to be approved by the City and recorded before June 3.1". The work has been completed for a while and we can certify that. if that's not good enough, I can try to get the item on the agenda for June 21". Thank you, (Nisha Patel, P City of San Juan Capistrano (949)443-6350 Public Works Department Mission Statement — "To enhance the quality of life and preserve the City's heritage cod charm through timely response, effective design, environmental sensitivity, and infrastructure maintenance." "To enhance the quality of life and preserve the City's heritage a;jd charm through timely response, effective design, environmental sensitivity, and infrastructure maintenance. From: Kyle Countryman[mailto:kcountryman@urbanxroads.com] Sent: Monday, July 19, 2010 9:14 AM To: Nasser Abbaszadeh Cc: msalazar@octa.net; Paul Rodriguez Subject: 2010 Measure M Eligibility Nasser, A review of Measure M eligibility materials submitted by your agency is currently underway. During the initial documentation inventory, we noticed the following items missing or incomplete. Measure M 0 7 -year CIP Adoption (minute order, resolution or other evidence of council approval) The 7 -year CIP was approved on 7/6/7.0; we will send you copy of the minute order. MOE Certification Form • MOE supporting documents (budget excerpts, fund code info) MOO cert and supporting documents will follow. Renewed Measure M Mitigation fee/program info Please see the attached and let me know if you need additional information. • Planning Strategies related to transit and non -motorized uses Under item 11 of the Checklist, we have indicated that our General Plan/Land Use spell out planning strategies that accommodate transit and non -motorized transportation. Please let us know if you need additional information. • Signal forum participation We have participated in signal forums (there have been only a handful of meetings in the past two years). • Local signal synchronization plan This item is not due until the end of December 2010, A detailed review is underway for documentation that has been submitted. The results of the review will be available shortly. If supplemental information or clarification is needed, it will be requested at that time. Please provide the information listed above as an electronic (scanned or df) file to me via email. Original signed certification forms should also be mailed directly to Monica Salazar at OCTA. Items listed under Renewed Measure M will be required no later than March 30, 2011. Early submittal of available materials is encouraged but not required. Please call me or Paul Rodriguez at 951/682-8420 if you have any questions. Thank you , Kyle countryman Analyst OURBAN IRVINE I CARLSBAD I RIVERSIDE 3685 Main Street, Suite 350 Riverside, CA 92501 nth: (951) 682-8420 x203 www.urbanxroads.com DID YOU KNOW: Orange County Public Works provides road maintenance for the cities of Dana Point, Fountain Valley, Laguna Dills, Laguna Woods, Lake Forest, Mission. Viejo and the Transportation Corridor Agencies (The Toll Road Agency)? D1.1i Y(..)I.)! KNOW: Orange County Public Works provides road maintenance for the cities of Dana Point, Fountain Valley, Laguna Hills, Laguna Woods, Lake Forest, Mission Viejo and the Transportation Corridor Agencies (The Toll Road Agency)? May 7, 2009 OC Public Works Attn: John Powers, Proposition 42 Project Manager PO Box 4048 Santa Ana, CA 92702-4048 FROM: Lindsey Manna , dministrative Coordinator (949) 443-6339 RE: Proposition 42, City Aid Program Funding Agreement Enclosed: (3) Original, executed "Proposition 42 City Aid Program Funding Agreement" between the City of San Juan Capistrano and the County of Orange, California from the Meeting of May 5, 2009. After execution by the County of Orange, please forward (1) executed original agreement to my attention for our records. Please contact Nasser Abbaszadeh, City Engineer at (949) 443-6398, with questions regarding the agreement. Maria Morris, Deputy City Clerk, can assist you regarding the City Council's actions at (949) 443-6309. CC: Nasser Abbaszadeh, City Engineer Maria Morris, Deputy City Clerk Agreement No.D09-031. PROPOSITION 42 CITY AID PROGRAM FUNDING AGREEMENT This CITY AID PROGRAM FUNDING AGREEMENT, Agreement No. D09-031 ("Agreement") is made and entered into this day of 2009, by and between County of Orange, California, a political subdivision of the State of California ("County"), and City of San Tuan 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. WHEREAS, Orange County cities have streets in need of routine roadway maintenance, minor roadway widening (non -capacity enhancing) and storm, damage improvements, but have limited funds to address these needs. B. WHEREAS, pursuant to Streets and Highways Code Section 1686, the California State Legislature has determined that the improvement and maintenance of all city streets is of general county interest. County believes that it is of general interest to the county and all the cities within the county to extend financial aid to the cities for the general improvement and maintenance of city streets in that the improvement of transportation congestion is of benefit to all Orange County residents. C. WHEREAS, County desires to assist Orange County cities with the improvement and maintenance of city streets, and to help improve regional transportation needs within the county. County receives Proposition 42 ("Prop. 42") allocations from the State's Transportation Investment Fund ("TIF") for the purposes of street and highway maintenance, rehabilitation, reconstruction and storm damage repair. D. WHEREAS, With authorization from the State, County has established its Prop. 42 City Aid Program ("CAP"). County will allocate a portion of County's Prop. 42 funds to participating cities for the purposes of routine roadway maintenance, minor roadway widening (non -capacity enhancing) and storm damage improvements within the cities ("CAP Funds"). City's expenditure of CAP Funds is to be in accordance with California Constitution Article XIX B Section 1 and Revenue and Taxation Code Section 7104, and all other applicable State rules, regulations and guidelines ("Prop. 42 Requirements"). E. WHEREAS, City owns and operates streets in need of routine roadway maintenance, minor roadway widening (non capacity enhancing) and storm damage improvements, and acknowledges that it has limited funds by which to address these needs. Therefore, City is in support of receiving CAP Funds. NOW, THEREFORE, in consideration of the foregoing recitals of fact, the mutual covenants and conditions contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows: Page 1 of 6 Agreement No.D09-031. 1. City Request for CAP Funds Prior to disbursement of CAP Funds, City shall provide County with a request for CAP Funds listing the proposed project(s), delineating all costs for project design, construction, and construction management that comply with Prop. 42 Requirements, and referencing Agreement by number. City shall also provide documentation, such as a city council minute order, indicating award of the project(s), the contractor to which the project(s) was awarded, and the amount of award, which award must be greater than the amount of the request (collectively, "CAP Funds Request"). 2. Procedures for the Disbursement of CAP Funds 2.1 After County reviews and confirms eligibility of City's CAP Funds Request, County will disburse CAP Funds to City in accordance with this Section 2 in an amount not to exceed $85,847.00. 2.2 County will disburse CAP Funds to City in the order it receives eligible CAP Funds Requests from all participating cities, i.e., on a "first conte, first served" basis. County will disburse CAP Funds to City upon County's receipt of its fiscal year 09/10 Prop. 42 allocations from the State. CAP Funds will not be disbursed to City until such time that adequate Prop. 42 funds are made available to County to pay all participating cities which have previously submitted eligible CAP Funds Requests. 2.3 CAP Funds shall be allocated proportionally based on the percentage of City's population compared to the total population of all participating cities as of the latest estimates published by the Demographic Research Unit of the California Department of Finance. 2.4 County's disbursement of CAP Funds is subject to the State's allocation of Prop. 42 funds to County including, but not limited to, allocation delays by the State or changes to Prop. 42 Requirements. 3. City Obligations 3.1 In order to receive CAP Funds, City shall maintain its existing Maintenance of Effort ("MOE") of local funds for street and highway, maintenance, rehabilitation, reconstruction, and storm damage repair. City must annually expend from its general fund for street, road, and highway purposes an amount not less than the annual average of its expenditures from its general fund during the 1996-97, 1997-987 and 1998-99 fiscal years, as reported to the State Controller pursuant to Streets and Highways Code Section 2151. 3.2 City must expend its CAP Funds between July 1, 2009 and June 30, 2011. Any CAP Funds not expended by June 30, 2011 ("Deadline") shall promptly be returned to County, but in no event shall City return CAP Funds later than August 31, 2011. Page 2 of 6 Agreement No.D09-031 33 If City determines at any time that City cannot expend its CAP Funds by the Deadline, City shall immediately notify County in writing of this determination. City shall then return its remaining CAP Funds within thirty (30) days of said notification. Should City's CAP Funds be returned to County prior to Deadline, County will attempt to reallocate the funds to other County projects. However, if County is unable to do so, the funds will be returned to the State. 3.4 Upon the expenditure of all CAP Funds, City shall promptly submit, but no later than. August 31, 2011, an expenditure certification to County, listing the project(s) for which CAP Funds were used and certifying that all expenditures of CAI' Funds comply with Prop. 42 Requirements. 3.5 Upon request by County, City shall provide County, within thirty (30) days of the request, all documentation and other information relating to City's expenditure of CAP Funds. 3.6 In the event of an audit by the State, City shall provide State and/or County all documentation requested by the State within the timeframe required by the State. City shall work cooperatively with County during the course of the audit. City shall attend all audits and audit proceedings, as needed. If the State finds that any City expenditure of CAP Funds is ineligible or does not comply with Prop. 42 Requirements, the amount of the ineligible expenditure shall be immediately reimbursed to County, which will be returned to the State. 4. Miscellaneous Provisions 4.1 Availability of Funds County's obligation is subject to the availability of funds appropriated for this purpose, and nothing herein shall be construed as obligating County to expend or as involving County in any contract or other obligation for future payment of money in excess of appropriations authorized by law. If County's total Prop. 42 allocation from the State falls 10 percent or more below the anticipated eighteen million, three hundred thousand dollars ($1.8,300,000) yearly allocation, County will adjust the seven million dollar ($7,000,000) total CAP allocation by the same percentage. City's allocation of CAP Funds will likewise be adjusted. There will be no adjustment if County's total Prop. 42 allocation from the State exceeds County's anticipated allocation amount. 4.2 Indemnification & Hold Harmless City shall indemnify, defend with counsel approved in writing, 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, including attorney's fees and costs, 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. Should a _City expenditure of CAP Funds be determined to be ineligible by the State, City is further liable for any interest payments, fines, or other forfeitures that may be assessed by the State. Page 3 of 6 Agreement No.D09-031 Notwithstanding Sections 3.2 and 3.3, City shall return CAP Funds to County within thirty (30) days should 1) the State or County deem any City expenditure of CAP Funds to be ineligible; or 2) the City Aid Program be found to be incompatible with State requirements. 4.3 Assignmemt 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 County. Furthermore, City agrees that CAP Funds shall not be expended on, given to, shared with, or otherwise provided to any other city, local agency or other entity that is not contemplated under this Agreement. 4.4 Entiret & 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. 4.5 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. 4.6 Calendar Days Any reference to the word "day" or "days" herein means calendar day or calendar days respectively, unless otherwise expressly provided. 4.7 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 32450 Paseo Adelanto San Juan Capistrano, CA 92675 Phone 949-443-6337 Facsimile 949-493-1053 and County: Director/Chief Engineer, OC Engineering OC Public Works County of Orange PO Box 4048 Santa Ana, CA 92702-4048 Phone 714-667-3213 Facsimile 714-834-2496 Page 4 of 6 Agreement No.D09-031 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. 4.8 Termination County may terminate this Agreement for any reason provided that City has not awarded any project on which its CAP allocation will be expended. After City has awarded a project on which its CAP allocation will be expended, County may terminate this Agreement if 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 CAP funding is terminated, and the date upon which the termination is effective. 4.9 Breach . The failure of City to comply with any of the terms and conditions of this Agreement shall be a material breach of this Agreement. A breach of this Agreement by City may be grounds to not include City in future allocations of City Aid Program, as determined by County. 4.10 Waiver of .fury 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. 4.11 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, the Parties shall bear their own attorney's fees, costs and expenses. 4.12 Governing Law & 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. /1 Page 5 of 6 Agreement No.D09-031 N 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. Date: �� ��� Date: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Darlene J. Bloom Clerk of the Board of Supervisors of Orange County, California City of San Juan Capistrano, a municipal corporation By, Mayor APPROVED AS TO FORM: By:.. J � Ity Attorney County of Orange, a political subdivision of the State of California ME Chairman, Board of Supervisors APPROVED AS TO FORM:. COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA am Page 6 of 6 Deputy Page 1 of 1 Christy JAI From: Lindsey Mannan Sent: Wednesday, May 06, 2009 3:30 PM To: Christy Jakl Subject: Prop 42 agreement and minutes Hi Christy, I asked Nasser about the Prop. 42 agreement and minutes and he said the minutes are not necessary and. to go ahead and forward everything to me. He would like the forward the documents. Thank you, Lindsey Mannan City of San ]uan Capistrano Administrative Coordinator 949.443.6339 phone 949.493.1251 fax PublicDass Department Mission St t r t .... "To enhance the quality of life and preserve the City's heritage and charm through timely response, effective design, environmental sensitivity, and infrastructure maintenance," S/&/2009 Today's Date:4/23/2009 CIP No. (if any): Project Manager's Last Name: Abbaszadeh Phone Extension:6398 Council or CRA Meeting Date (if applicable): 5/5/2009 Transmittal Routing (Check All That Apply) ® City Attorney ❑ City Manager �❑ City Clerk Provide (1) executed original contract for each signing party, including the City. If the agreement is to be recorded — only (1) original will be recorded with certified copies going to other parties. Please provide the mailing address of any party to receive an agreement — unless the mailing address is included within the body of the agreement: (Not necessary if information is included in the contract) Names} Street City St Zi OTHER INSTRUCTIONS: Please return to Lindsey. Thank you Agreement No.D09-031 PROPOSITION 42 CITY AID PROGRAM FUNDING AGREEMENT This CITY AID PROGRAM FUNDING AGREEMENT, Agreement No. D09-031 ("Agreement") is made and entered into this day of , 2009, by and between County of Orange, California, a political subdivision of the State of California ("County"), and City of San .Tuan 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.'! s.'} RECITALS A. WHEREAS, Orange County cities have streets in need of routine roadway maintenance, minor roadway widening (non -capacity enhancing) and storm damage improvements, but have limited funds to address these needs. B. WHEREAS, pursuant to Streets and Highways Code Section 1686, the California State Legislature has determined that the improvement and maintenance of all city streets is of general county interest. County believes that it is of general interest to the county and all the cities within the county to extend financial aid to the cities for the general improvement and maintenance of city streets in that the improvement of transportation congestion is of benefit to all Orange County residents. C. WHEREAS, County desires to assist Orange County cities with the improvement and maintenance of city streets, and to help improve regional transportation needs within the county. County receives Proposition 42 ("Prop. 42") allocations from the State's Transportation Investment Fund ("TIF") for the purposes of street and highway maintenance, rehabilitation, reconstruction and storm damage repair. D. WHEREAS, With authorization from the State, County has established its Prop. 42 City Aid Program ("CAP"). County will allocate a portion of County's Prop. 42 funds to participating cities for the purposes of routine roadway maintenance, minor roadway widening (non -capacity enhancing) and storm damage improvements within the cities ("CAP Funds"). City's expenditure of CAP Funds is to be in accordance with California Constitution Article XIX B Section 1 and Revenue and Taxation Code Section 7104, and all other applicable State rules, regulations and guidelines ("Prop. 42 Requirements"). E. WHEREAS, City owns and operates streets in need of routine roadway maintenance, minor roadway widening (non capacity enhancing) and storm damage improvements, and acknowledges that it has limited funds by which to address these needs. Therefore, City is in support of receiving CAP Funds. NOW, THEREFORE, in consideration of the foregoing recitals of fact, the mutual covenants and conditions contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows: Page 1 of 6 Agreement No.D09-031 1. City Request for CAP Funds Prior to disbursement of CAP Funds, City shall provide County with a request for CAP Funds listing the proposed project(s), delineating all costs for project design, construction, and construction management that comply with Prop. 42 Requirements, and referencing Agreement by number. City shall also provide documentation, such as a city council minute order, indicating award of the project(s), the contractor to which the project(s) was awarded, and the amount of award, which award must be greater than the amount of the request (collectively, "CAP Funds Request"). 2. Procedures for the Disbursement of CAP Funds 2.1 After County reviews and confirms eligibility of City's CAP funds Request, County will disburse CAP Funds to City in accordance with this Section 2 in an amount not to exceed $85,847.00. 2.2 County will disburse CAP Funds to City in the order it receives eligible CAP Funds Requests from all participating cities, i.e., on a "first come, first served" basis. County will disburse CAP Funds to City upon County's receipt of its fiscal year 09110 Prop. 42 allocations froze. the State. CAP Funds will not be disbursed to City until such time that adequate Prop. 42 funds are made available to County to pay all participating cities which have previously submitted eligible CAP Funds Requests, 2.3 CAP Funds shall be allocated proportionally based on the percentage of City's population compared to the total population of all participating cities as of the latest estimates published by the Demographic Research Unit of the California Department of Finance. 2.4 County's disbursement of CAP Funds is subject to the State's allocation of Prop. 42 funds to County including, but not limited to, allocation delays by the State or changes to Prop. 42 Requirements. 3. City Obligations 3.1 In order to receive CAP funds, City shall maintain its existing Maintenance of Effort ("MOE") of local funds for street and highway, maintenance, rehabilitation, reconstruction, and storm damage repair. City must annually expend from its general fund for street, road, and highway purposes an amount not less than the annual average of its expenditures from its general fund during the 1996-97, 1997-98, and 1998-99 fiscal years, as reported to the State Controller pursuant to Streets and Highways Code Section 2151. 3.2 City must expend its CAP Funds between July 1, 2009 and June 30, 2011. Any CAP Funds not expended by June 30, 2011 ("Deadline") shall promptly be returned to County, but in no event shall City return CAP Funds later than August 31, 2011. Page 2 of 6 Agreement No.D09-031 3.3 If City deternines at any time that City cannot expend its CAP Funds by the Deadline, City shall immediately notify County in writing of this determination. City shall then return its remaining CAP Funds within thirty (30) days of said notification. Should City's CAP Funds be returned to County prior to Deadline, County will attempt to reallocate the funds to other County projects. However, if County is unable to do so, the funds will be returned to the State. 3.4 Upon the expenditure of all CAP Funds, City shall promptly submit, but no later than August 31, 2011, an expenditure certification to County, listing the project(s) for which CAP Funds were used and certifying that all expenditures of CAP Funds comply with Prop. 42 Requirements. 3.5 Upon request by County, City shall provide County, within thirty (30) days of the request, all documentation and other information relating to City's expenditure of CAP Funds. 3.6 In the event of an audit by the State, City shall provide State and/or County all documentation requested by the State within the timeframe required by the State. City shall work cooperatively with County during the course of the audit. City shall attend. all audits and audit proceedings, as needed. If the State finds that any City expenditure of CAP Funds is ineligible or does not comply with Prop. 42 Requirements, the amount of the ineligible expenditure shall be immediately reimbursed to County, which will be returned to the State. 4. Miscellaneous Provisions 4.1 Availability of Funds County's obligation is subject to the availability of funds appropriated for this purpose, and nothing herein shall be construed as obligating County to expend or as involving County in any contract or other 'obligation for future payment of money in excess of appropriations authorized by law. If County's total Prop. 42 allocation from the State falls 10 percent or more below the anticipated eighteen million, three hundred thousand dollars ($18,300,000) yearly allocation, County will adjust the seven million dollar ($7,000,000) total CAP allocation by the same percentage. City's allocation of CAP Funds will likewise be adjusted. There will be no adjustment if County's total Prop. 42 allocation from the State exceeds County's anticipated allocation amount. 4.2 Indemnification & Hold Harmless City shall indemnify, defend with counsel approved in writing, 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, including attorney's fees and costs, 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. Should a City expenditure of CAP Funds be determined to be ineligible by the State, City is further liable for any interest payments, fines, or other forfeitures that may be assessed by the State. Page 3 of 6 Agreement No.D09-031 Notwithstanding Sections 3.2 and 3.3, City shall return CAP Funds to County within thirty (30) days should 1) the State or County deem any City expenditure of CAP Funds to be ineligible; or 2) the City Aid Program be found to be incompatible with State requirements. 4.3 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 County. Furthermore, City agrees that CAP Funds shall not be expended on, given to, shared with, or otherwise provided to any other city, local agency or other entity that is not contemplated under this Agreement. 4.4 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. 4.5 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. 4.6 Calendars Any reference to the word "day" or "days" herein means calendar day or calendar days respectively, unless otherwise expressly provided. 4.7 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 32450 Paseo Adelanto San Juan Capistrano, CA 92675 Phone 949-443-6337 Facsimile 949-493-1053 and County: Director/Chief Engineer, OC Engineering OC Public Works County of Orange PO Sox 4048 Santa Ana, CA 92702-4048 Phone 71.4-667-3213 Facsimile 714-834-2496 Page 4 of 6 Agreement No.D09-031. 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. 4.8 Termination County may terminate this Agreement for any reason provided that City has not awarded any project on which its CAP allocation will be expended. After City has awarded a project on which its CAP allocation will be expended, County may terminate this Agreement if 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 CAP funding is terminated, and the date upon which the termination is effective. 4.9 Breach The failure of City to comply with any of the terms and conditions of this Agreement shall be a material breach of this Agreement. A breach of this Agreement by City may be grounds to not include City in future allocations of City Aid Program, as determined by County. 4.10 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. 4.11 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, the Parties shall bear their own attorney's fees, costs and expenses. . 4.12 Governin Law & 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. II II Page 5 of 6 Agreement No.D09-031 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. Date: ��� Date: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD EM Darlene J. Bloom Clerk of the Board of Supervisors of Orange County, California City of San Juan Capistrano, a municipal corporation B Y: Mayor APPROVED AS TO FORM: ity Attorney County of Orange, a political subdivision of the State of California Chairman, Board of Supervisors APPROVED AS TO FORM: COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA Page 6 of 6 Deputy. 5515/2009 AGENDA REPORT D11 TO: Dave Adams, City Manager r FROM: Nasser Abbaszadeh, Public Works Director SUBJECT: Consideration of an Agreement to Receive City Aid Program for Fiscal. Year 2009/2010 (County of Orange) RECOMMENDATION: By motion, approve the agreement to participate in the County of Orange Proposition 42 City Aid Program funding for Fiscal Year 200912010. Background: On July 31, 2007, the Orange County Board of Supervisors adopted Resolution No. 07-109, allowing for the sharing of the County's Proposition 42 (Prop. 42) funds with Orange County cities, and approved an allocation of $10M for the City Aid Program (CAP) for Fiscal Year 200812009. The CAP has been formulated to provide Orange County cities with additional funds for city roadway maintenance projects. The grant funding provided the City with $122,323.00 in Fiscal Year 2008/2009 per population based percentage of the County's CAP program. For FY 200912010, the grant fund is $85,847. It should be noted that the County's CAP grant funds are in addition to the Prop. 42 programmed funds that the City is to receive in FY 09-10, directly from the State. The attached Prop. 42 CAP agreement requires the City to commit to the following: 1. Maintain its existing "Maintenance of Effort" and use of local funds for street and highway, maintenance, rehabilitation, reconstruction, and storm damage repair; and, 2. Expend (pay to contractors) its CAP allocation(s) by June 30, 2011, on Prop. 42 eligible projects or return CAP allocations to County; and 3. Provide County with FY 2009/2010 CAP expenditure certification by August 31, 2011. The County will distribute CAP allocations to the City upon the County receiving Prop. 42 funding from the State, and approval of the attached CAP agreement by the Board of Supervisors. Distribution of CAP allocations will be made to the City, on a first come first serve basis, with the submittal of proof of project award documentation and City invoice(s). Agenda Report Paae 2 May 5, 2009 It should also be noted that successful implementation of the CAP is dependent on the County receiving its programmed Prop. 42 funding from the State for FY 200912010. Any delay or change to the State's Prop. 42 grant program may directly impact CAP implementation. The County's tentative schedule to approve the CAP agreements is June 2009. COMMISSIONS/BOARD REVIEW RECOMMENDATIONS: Not applicable. FINANCIAL CONSIDERATIONS: There is no city general fund fiscal impact associated with this action. However, CAP allocations shall be returned to the County if allocations are not expended (paid to contractors) by June 30, 2011. NOTIFICATION: Not applicable. RECOMMENDATION: By motion, approve the agreement to participate in the County of Orange Proposition 42 City Aid Program funding for Fiscal Year 200912010. Respectfully submitted: Nasser Abbaszadeh, PE Public Works Director Attachments: 1. Agreement Agreement No.D09-031 PROPOSITION 42 CITY AID PROGRAM FUNDING AGREEMENT This CITY AID PROGRAM FUNDING AGREEMENT, Agreement No. D09-031 ("Agreement") is made and entered into this day of , 2009, by and between County of Orange, California, a political subdivision of the State of California ("County"), and 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. WHEREAS, Orange County cities have streets in need of routine roadway maintenance, minor roadway widening (non -capacity enhancing) and storm damage improvements, but have limited funds to address these needs. B. WHEREAS, pursuant to Streets and Highways Code Section 1686, the California State Legislature has determined that the improvement and maintenance of all city streets is of general county interest. County believes that it is of general interest to the county and all the cities within the county to extend financial aid to the cities for the general improvement and maintenance of city streets in that the improvement of transportation congestion is of benefit to all Orange County residents. C. WHEREAS, County desires to assist Orange County cities with the improvement and maintenance of city streets, and to help improve regional transportation needs within the county. County receives Proposition 42 ("Prop. 42") allocations from the State's Transportation Investment Fund ("TIF") for the purposes of street and highway maintenance, rehabilitation, reconstruction and storm damage repair. D. WHEREAS, With authorization from the State, County has established its Prop. 42 City Aid Program ("CAP"). County will allocate a portion of County's Prop. 42 funds to participating cities for the purposes of routine roadway maintenance, minor roadway widening (non -capacity enhancing) and storm damage improvements within the cities ("CAP Funds"). City's expenditure of CAP Funds is to be in accordance with California Constitution Article XIX B Section 1 and Revenue and Taxation Code Section 7104, and all other applicable State rules, regulations and guidelines ("Prop. 42 Requirements"). E. WHEREAS, City owns and operates streets in need of routine roadway maintenance, minor roadway widening (non capacity enhancing) and storm damage improvements, and acknowledges that it has limited funds by which to address these needs. Therefore, City is in support of receiving CAP Funds. NOW, THEREFORE, in consideration of the foregoing recitals of fact, the mutual covenants and conditions contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows: Page I of 6 ATTACHMENT 1 Agreement No.D09-031. 1. City Request for CAP Funds Prior to disbursement of CAP Funds, City shall provide County with a request for CAP Funds listing the proposed project(s), delineating all costs for project design, construction, and construction management that comply with Prop. 42 Requirements, and referencing Agreement by number. City shall also provide documentation, such as a city council minute order, indicating award of the project(s), the contractor to which the project(s) was awarded, and the amount of award, which award must be greater than the amount of the request (collectively, "CAP bunds Request"). 2. Procedures for the Disbursement of CAP Funds 2.1 After County reviews and confirms eligibility of City's CAP Funds Request, County will disburse CAP Funds to City in accordance with this Section 2 in an amount not to exceed $85,847.00. 2.2 County will disburse CAP Funds to City in the order it receives eligible CAP Funds Requests from all participating cities, i.e., on a "first come, first served" basis. County will disburse CAP Funds to City upon County's receipt of its fiscal year 09110 Prop. 42 allocations from the State. CAP Funds will not be disbursed to City until such time that adequate Prop. 42 funds are made available to County to pay all participating cities which have previously submitted eligible CAP Funds Requests. 2.3 CAP Funds shall be allocated proportionally based on the percentage of City's population compared to the total population of all participating cities as of the latest estimates published by the Demographic Research Unit of the California Department of Finance. 2.4 County's disbursement of CAP Funds is subject to the State's allocation of Prop. 42 funds to County including, but not limited to, allocation delays by the State or changes to Prop. 42 Requirements. 3. City Obligations 3.1 1n order to receive CAP Funds, City shall maintain its existing Maintenance of Effort ("MOE") of local funds for street and highway, maintenance, rehabilitation, reconstruction, and storm damage repair. City must annually expend from its general fund for street, road, and highway purposes an amount not less than the annual average of its expenditures from its general fund during the 1996-97, 1997-98, and 1998-99 fiscal years, as reported to the State Controller pursuant to Streets and Highways Code Section 2151. 3.2 City must expend its CAP Funds between July 1, 2009 and June 30, 2011. Any CAP Funds not expended by June 30, 2011 ("Deadline") shall promptly be returned to County, but in no event shall City return CAP Funds later. than August 31, 2011.. Page 2 of 6 Agreement No.D09-031 3.3 If City determines at any time that City cannot expend its CAP Funds by the Deadline, City shall immediately notify County in writing of this determination. City shall then return its remaining CAP Funds within thirty (30) days of said notification. Should City's CAP Funds be returned to County prior to Deadline, County will attempt to reallocate the funds to other County projects. However, if County is unable to do so, the funds will be returned to the State. 3.4 Upon the expenditure of all CAP Funds, City ,shall promptly submit, but no later than August 31, 2011, an expenditure certification to County, listing the project(s) for which CAP Funds were used and certifying that all expenditures of CAP Funds comply with Prop. 42 Requirements. 3.5 Upon request by County, City shall provide County, within thirty (30) days of the request, all documentation and other information relating to City's expenditure of CAP bunds. 3.6 In the event of an audit by the State, City shall provide State and/or County all documentation requested by the State within the timeframe required by the State. City shall work cooperatively with County during the course of the audit. City shall attend all audits and audit proceedings, as needed. If the State finds that any City expenditure of CAP Funds is ineligible or does not comply with Prop. 42 Requirements, the amount of the ineligible expenditure shall be immediately reimbursed to County, which will be returned to the State. 4. Miscellaneous Provisions 4.1 Availability of Funds County's. obligation is subject to the availability of funds appropriated for this purpose, and nothing herein shall be construed as obligating County to expend or as involving County in any contract or other obligation for future payment of money in excess of appropriations authorized by law. If County's total Prop. 42 allocation from the State falls 10 percent or more below the anticipated eighteen million, three hundred thousand dollars ($18,300,000) yearly allocation, County will adjust the seven million dollar ($7,000,000) total CAP allocation by the same percentage. City's allocation of CAP Funds will likewise be adjusted. There will be no adjustment if County's total Prop. 42 allocation from the State exceeds County's anticipated allocation amount. 4.2 Indemnification & Hold Harmless City shall indemnify, defend with counsel approved in writing, 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, including attorney's fees and costs, 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. Should a City expenditure of CAP Funds be determined to be ineligible by the State, City is further liable for any interest payments, fines, or other forfeitures that may be assessed by the State. Page 3 of 6 Agreement No.D09-031 Notwithstanding Sections 3.2 and 3.3, City shall return CAP Funds to County within thirty (30) days should 1) the State or County deem any City expenditure of CAP Funds to be ineligible; or 2) the City Aid Program be found to be incompatible with State requirements. 4.3 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 County. furthermore, City agrees that CAP Funds shall not be expended on, given to, shared with, or otherwise provided to any other city, local agency or other entity that is not contemplated under this Agreement. 4.4 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. 4.5 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. 4.6 Calendar Daus Any reference to the word "day" or "days" herein means calendar day or calendar days respectively, unless otherwise expressly provided. 4.7 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 32450 Paseo Adelanto San .Tuan Capistrano, CA 92675 Phone 949-4436337 Facsimile 949-493-1053 and County: Director/Chief Engineer, OC Engineering OC Public Works County of Orange PO Box 4048 Santa Ana, CA 92702-4048 Phone 714-667-3213 Facsimile 714-834-2496 Page 4 of 6 Agreement No.D09-031 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. 4.8 Termination County may terminate this Agreement for any reason provided that City has not awarded any project on which its CAP allocation will be expended. After City has awarded a project on which its CAP allocation will be expended, County may terminate this Agreement if 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 CAP funding is terminated, and the date upon which the termination is effective. 4.9 Breach The failure of City to comply with any of the terms and conditions of this Agreement shall be a material breach of this Agreement. A breach of this Agreement by City may be grounds to not include City in future allocations of City Aid Program, as determined by County. 4.10 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. 4.11 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, the Parties shall bear their own attorney's fees, costs and expenses. 4.12 Governing „Law & 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. II 11 11 Page 5 of 6 Agreement No.D09-031 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. Date: ATTEST: City Cleric Date: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Darlene J. Bloom Cleric of the Board of Supervisors of Orange County, California City of San .Tuan Capistrano, a municipal corporation By: Mayor APPROVED AS TO FORM: By: City Attorney County of Orange, a political subdivision of the State of California By: Chairman, Board. of Supervisors APPROVED AS TO FORM:. COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA Page 6 of 6 Deputy N �p.�.,� .� �1`i' E4 1 YOTIP i Le U Q R t4 Q 3 0 a� E E { � E w 0 v U v i E > j Pte•, Q O � � G 4-1 3 1 � C Q � U � i U � O .-1 O U U � Q O � U � Q IN EX141BI T A .exhibit B Note: $7M City Aid Program is based on the County receiving its expected Prop. 42 allocation of approx. $18.3M for FY09-10. htto:l/www.dof. ca.gov/research/de urographic/rep arcs/esti mates/e-1 _2006-07/ - : :, Orange County Funded Proposition 42 City Aid Program Proposed FY 09-90 Allocations to Cities ID Population Orange County Cities (Department of Finance Jan. 1, 2008) % Population in O.C. Prop. 42 CAP Allocations Based on Population FY 09-10 1 Santa Ana 353,184 11.78% $824,311 2 Anaheim 346,823 11.56% $809,464 3 Irvine 209,806 7.00% $489,675 4 Huntington Beach 201,993 6.73% $471,440 5 Garden Grove 173,067 5.77% $403,928 6 Orange 140,849 4.70% $328,733 7 Fullerton 137,437 4.58% $320,770 8 Costa Mesa 113,955 3.80% $265,964 9 Mission Viejo 98,572 3.29% $230,061 10 Westminster 93,027 3.10% $217,120 11 Newport Beach 84,554 2.82% $197,344 12 Buena Park 82,768 2.76% $193,176 13 Lake Forest 78,317 2.61% $182,787 14 Tustin 74,218 2.47% $173,220 15 Yorba Linda 68,312 2.28% $159,436 16 San Clemente 67,892 2.26% $158,456 17 Laguna Niguel 66,877 2.23% $156,087 18 La Habra 62,635 2.09% $146,186 19 Fountain Valley 57,925 1.93% $135,194 20 Placentia 51,727 1.72% $120,728 21 Rancho Santa Margarita 49,764 1.66% $116,146 22 Cypress.. 49,541 1.65% $115,626 23 Aliso Viejo 45,249 1.51% $105,608 24 Brea 40,081 1.34% $93,547 25 Stanton 39,276 1.31% $91,668 26 tuna Point 36,982 1.23% $86,314 27 San ,Juan Ca istrano 36,782 1.23% $85,847 28 Laguna Hills 33,421 1.11% $78,003 29 Seal Beach 25,986 0.87% $60,650 30 La una Beach 25,131 0.84% $58,654 31 Laguna Woods 18,442 0.61% $43,043 32 La Palma 16,176 0.54%. $37,754 33 Los Alamitos 12,191 0.41% $28,453 34 Villa Park 6,259 0.21% $14,608 Total 2,999,219 100% $7,000,000 Note: $7M City Aid Program is based on the County receiving its expected Prop. 42 allocation of approx. $18.3M for FY09-10. htto:l/www.dof. ca.gov/research/de urographic/rep arcs/esti mates/e-1 _2006-07/ - : :, City Clerk Transmittal Type of Document: --r/5"� New File? File No. o Existing File? 10 7Y Gen. Description L Blue Label `fRed Label C Green Label Agreements: o Insurance General W Auto D Worker's comp I, ofessional C; E- rify [J Bon 'igned? tr ransmittal for Fife c-`opy to Project Manager s—ha4e� )§L Added to City View Action Reminder --'5e. scanned 1"; Pending? Placed in Pending on: Reason: (Votes: 0 I. Easements/LLAs Sent the Recorder Copy to oject Manager Add to City iew - Add Re rder's No. to Comments Chris JAI From: Nisha Patel Sent: Monday, August 22, 2011 5:35 PM To: Christy Jakl Cc: Nasser Abbaszadeh; Lindsey Mannan; Kristen Lewis Subject: RE: Action Reminder (County of Orange) The agreement has been completed. I will send you the back-up information before the end of the rnonth. Thanks!? Nisha Patel, PE City of San Juan Capistrano (949) 443-65350 Public Works Department Mission .Statement -- "To enhance the quality of life and preserve the City's heritage and charm through Timely response, effective design, environmental sensitivity, and infrastructure maintenance, From: Christy Jakl Sent: Monday, August 22, 20115:17 PM To: Nisha Patel Cc: Nasser Abbaszadeh; Lindsey Mannan; Kristen Lewis Subject: Action Reminder (County of Orange) Please see the attached action reminder for an agreement with the County of Orange. Let me know if you have any questions. Kindest Regards, Christi JAI Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San .Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1053 fax CITY CLERKS DEPARTMENT - ACTION REMINDER TO: Nisha Patel, Associate Engineer FROM: Kristen Lewis, Administrative Specialist DATE: August 1, 2011 SITUATION: At their meeting on May 5, 2009, the City Council of the City of San Juan Capistrano approved a City Aid Program Funding Agreement with the County of Orange for CIP 07105, Agreement No. D09-031. ACTION REQUESTED: City must expend its CAP Funds between July 1, 2009, and June 30, 2011. Any CAP Funds not expended by June 30, 2011, ("Deadline") shall promptly be returned to County, but in no event shall City return CAP Funds later than August 31, 2011. Please notify this office if agreement is still active or is completed. ACTION TO BE TAKEN: DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: "**FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 08/01/2011 Deadline Date: 08/3112011 (600.30/0C Funding Agr)