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HomeMy WebLinkAbout25D - AGMT - COOP AGMT COUNTY PROP 1BREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 22, 2011 TITLE: COOPERATIVE AGREEMENT WITH COUNTY OF ORANGE FOR COUNTY'S PROPOSITION 1 B ALLOCATION FOR CITY STREETS pa4- CITY MA AGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on V' Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached cooperative agreement with the County of Orange to receive a portion of the County's fourth allocation of Proposition 1B funds for the rehabilitation of Hazard Avenue from Harbor Boulevard to Euclid Street, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION At the November 6, 2006 election, the voters passed Proposition 1 B (Prop 1 B) to allow the state to sell $19.9 billion in general obligation bonds for a variety of transportation priorities for cities and counties to fund the maintenance and improvement of local transportation facilities. The County of Orange has received their allotment of Proposition 1B funds, as determined by the State Controller's Office. At their meeting on March 4, 2008 the County Board of Supervisors allocated a portion of the County's Proposition 1 B funds to the cities to assist in delivery of their critical transportation and safety projects. Since then, the City has received a total of $2.5 million in County Prop 1 B share to fund Susan Street from Mac Arthur to Sunflower, Fifth Street from Fairview to Jackson, Santiago Avenue from Sixth to Santa Ana Boulevard, and Golden Circle Drive from First Street to 650 feet north of Fourth Street. Most recently, at their December 14, 2010 meeting, the County Board of Supervisors approved an additional allocation of Proposition 1B funds in the amount of $400,000 for improvements to Hazard Avenue from Harbor Boulevard to Euclid Avenue (Exhibit 1). The allocation for Hazard Avenue is a fourth allocation for Fiscal Year 2010/11, and a new County/City cooperative agreement must be executed to receive these funds. This allocation was included in the City's Fiscal Year 2010/11 CIP and will be expended within two years from their receipt of funds. 25D-1 Cooperative Agreement with County of Orange County's Proposition 1 B Allocation February 22, 2011 Page 2 of 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Revenues received from Proposition 1 B will be allocated to the projects as part of Capital Improvement Program in Fiscal Year 2011/12. APPROVED AS TO FUNDS AND ACCOUNTS: r-- Rau Godinez I Executive Direc r Public Works Agency RG:kn Francisco Gutierrez F3 Executive Director Finance & Management Services Agency Exhibit 1: County Proposition 1 B Agreement Project Limits Exhibit 2: County Proposition 1 B Agreement 2501-2 EUCLD W EVONDA W ME. w K CR ROdt!A dt CAOCIf pl c P:AIr01d R !lYNIO?E dT ? AOOVE lIDFR PROJECT LIMITS =@amte r Nrmc E w moues M %m of mom DwIt HA N W &VD EXHIBIT 1 SANTA ANA TITLE: CITY COUNCIL COOPERATIVE AGREEMENT WITH COUNTY ' W A AGENDA DATE: FEB. 22,20111 1 OF ORANGE FOR COUNTY'S PROPOSITION PUBLIC WORKS AGENCr - 1B ALLOCATION FOR CITY STREETS 2501-3 25D-4 Agreement No. D10-076 PROPOSITION 1B CITY AGREEMENT This PROPOSITION 113 CITY AGREEMENT, Agreement No. D10-076 ("Agreement") is made and entered into this day of 2010, by and between the County of Orange, California, a political subdivision of the State of California ("County"), and the City of Santa Ana, 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, the City owns and operates streets in need of traffic congestion and traffic safety improvements, including routine roadway maintenance and storm drain improvements, and acknowledges that it has limited funds by which to address these needs; B. WHEREAS, pursuant to Section 1686 of the Streets & Highways Code, the California State Legislature has determined that the improvement and maintenance of all city streets is of general county interest. It is of general interest to the County and the City to extend financial aid to the City 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, the County desires to assist the City with a portion of the County's Proposition I B ("Prop. 113") fourth allocation (2009-10 State Appropriation) for the improvement and maintenance of City streets, and to help improve regional transportation needs within the county; D. WHEREAS, the County will allocate a portion of the County's Prop. 1B fourth allocation funds to the City for the purposes of improvements to local transportation facilities that will assist in reducing traffic congestion and further deterioration, improving traffic flows, or increasing traffic safety ("Prop. 1 B Funds"). The expenditure of Prop. I B Funds is to be in accordance with Government Code section 8879.20 et seq., and all other applicable State rules, regulations and guidelines ("Prop. 1 B Requirements"); and 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: SECTION I A. Upon approval of the City's project(s) by the Board of Supervisors, County shall include the City's project(s) in the Prop. 1 B fourth allocation project list to be submitted to the Page 1 of 7 Exhibit 2 25D-5 Agreement No. D10-076 State Department of Finance. The City project(s) approved by the Board of Supervisors for Prop. 1 B funding is attached hereto as the County of Orange funded Proposition I B Fourth Allocation Project(s) in City of Santa Ana (Exhibit A). B. Upon full execution of this agreement by both City and County, County will disburse a portion of its Prop. I B Funds to the City in the amount shown on Exhibit A, or as limited by Section ILA, below. C. The City shall expend Prop. 1 B Funds on the project(s) listed in Exhibit A exclusively within City's jurisdiction in accordance with all Prop I B Requirements. This includes, but is not limited to, meeting the project delivery and expenditure deadlines, and using the County's Prop. I B allocation to reduce City's traffic congestion and further deterioration, improving traffic flows, or increasing traffic safety. D. Prop. I B Funds shall be expended no later than June 30, 2013 ("Deadline"). Any Prop. I B Funds not expended by the Deadline or by the State-authorized extension shall promptly be returned to the County, but in no event shall funds be returned later than sixty (60) days after the Deadline or by the State-authorized extension. If the City determines at any time that the City cannot expend Prop. I B Funds by the Deadline or by the State-authorized extension, the City shall immediately notify the County in writing of this determination. The City shall then return its remaining Prop. I B Funds within sixty (60) days of said notification. E. County will conduct a City expenditure assessment status report in accordance with the reporting schedule set by the Department of Finance in order to verify if City is expending its Prop. 1 B Funds in accordance with Prop. I B Requirements. The status report shall include the date of project award, amount of award, percent completion of project, estimated completion date, the amount of funds that have been expended, the remaining County Prop. 1 B allocation to be expended, and any other information or documentation relating to City's expenditure of Prop. I B Funds. Upon request by County, the City shall provide County with said Prop. 1 B Funds status report within fourteen (14) days of the request. F. In the event of an audit by the State, the City shall provide State and/or County all documentation requested by the State within the timeframe required by the State. The City shall work cooperatively with the County during the course of the audit. The City shall attend all audits and audit proceedings, as needed. If the State finds that any City expenditure of Prop. 1B Funds is ineligible or does not comply with Prop. 1 B Requirements, the amount of the ineligible expenditure and any other penalties or assessments shall be immediately reimbursed to the County, which will be returned to the State. The amount of the ineligible expenditure including any other penalties or assessments shall be reimbursed to the County no later than 60 days from the State's determination. SECTION II MISCELLANEOUS PROVISIONS: Page 2 of 7 25D-6 Agreement No. D10-076 A. Availability of Funds The County's obligation is subject to the availability of funds appropriated for this Agreement, and nothing herein shall be construed as obligating the County to expend funds or as involving the County in any contract or other obligation for future payment of money in excess of appropriations authorized by law. Further, County's distribution of funds to the City depends entirely on the County receiving its Prop. 1 B allocation from the State. County shall not disburse the City's allocation until such time that the County receives its Prop. 1 B allocation from the State. County also reserves the right to limit, reduce, delay or terminate the City's Prop. 1 B disbursement identified in Exhibit A for any reason, and at any time, including, but not limited to, a State delay or reduction in the County's Prop. 1B allocation, ineligibility of all or a portion of City's project(s), or suspension or reduction of other County road funds. B. Indemnification City shall indemnify, defend with counsel approved in writing by County, save and hold County and each of its elected officials, officers, directors, agents and employees harmless from any and all claims, injuries, liabilities, actions, damages, losses or expenses of every type and description to which they may be subjected arising out of any act or omission of, its employees, representatives, agents and independent contractors in connection with the implementation of the actions described in this Agreement. Should the State determine that any City Prop. 1 B Funds to be ineligible, City is liable for any interest payments, fines, penalties or other forfeitures that may be assessed by the State. City shall return Prop. 1 B Funds to the County within the timeframe contemplated under this Agreement should 1) City fail to expend any portion of its Prop. 1 B Funds within the timeframe under this Agreement; 2) the State or County deem any City expenditure of Prop. 1 B Funds to be ineligible; or 3) this Agreement be found to be incompatible with State law. C. Assi ng ment This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties. No assignment of City's interest in this Agreement shall be made without the written consent of the County. Furthermore, City agrees that Prop 1 B Funds shall not be expended on, given to, shared with, or otherwise provided to any other city, local agency or other entity not contemplated under this Agreement. D. Entirety & Amendments This Agreement contains the entire agreement between the Parties with respect to the matters provided for herein. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the Parties; no oral understanding or agreement not incorporated herein shall be binding on either of the Parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing. E. Severability If any part of this Agreement is held, determined, or adjudicated to be illegal, void, or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. F. Calendar Days Any reference to the word "day" or "days" herein means calendar day or calendar days, respectively, unless otherwise expressly provided. Page 3 of 7 25D-7 Agreement No. D10-076 G. Notices Notices or other communications which may be required or provided under the terms of this Agreement shall be given as follows: City: Director of Public Works/City Engineer Public Works Department City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 Phone: (714) 647-5654 Facsimile: (714) 647-6954 and County: Director/Chief Engineer, OC Engineering Orange County Public Works County of Orange PO Box 4048 Santa Ana, CA 92702-4048 Phone 714-667-3213 Facsimile 714-834-2496 All notices shall be in writing and deemed effective when delivered in person or deposited in the United States mail, first class, postage prepaid and addressed as above. Notwithstanding the above, the Parties may also provide notices by facsimile transmittal, and any such notice so given shall be deemed to have been given upon receipt during normal business hours or, in the event of receipt after business, on the following business day. Any notices, correspondence, reports and/or statements authorized or required by this Agreement, addressed in any other fashion shall be deemed not given. H. Termination County may terminate this Agreement for any reason provided that such termination shall be accomplished by delivery of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt. 1. Breach The failure of the City to comply with any of the terms and conditions of this Agreement shall be a material breach of this Agreement. In such event the County may: 1. Afford the City a written Notice of Breach and Notice of Termination, and in the County's discretion, provide for thirty (30) days within which to cure the breach; 2. Discontinue all Prop. 1 B Fund allocations during the period in which the City is in breach; and/or 3. Offset Prop. I B Fund allocations against any invoices billed by the City. Page 4 of 7 25D-8 Agreement No. D10-076 A breach of this Agreement by City may be grounds to not include City in future allocations of the Prop. I B Funds, as determined by the County. J. Binding Obligation The Parties to this Agreement represent and warrant that this Agreement has been duly authorized and executed and constitutes the legally binding obligation of their respective organization or entity enforceable in accordance with its terms. K. Governing Law and Venue This Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure, Section 394. L. Attorney's Fees In any action or proceeding to enforce or interpret any provision of this Agreement, or where any provision hereof is validly asserted as a defense, each party shall bear its own attorney's fees, costs and expenses. M. Waiver of Jury Trial Each Party acknowledges that it is aware of and has had the opportunity to seek advice of counsel of its choice with respect to its rights to trial by jury, and each Party, for itself and its successors, creditors, and assigns, does hereby expressly and knowingly waive and release all such rights to trial by jury in any action, proceeding or counterclaim brought by any Party hereto against the other (and/or against its officers, directors, employees, agents, or subsidiary or affiliated entities) on or with regard to any matters whatsoever arising out of or in any way connected with this Agreement and/or any other claim of injury or damage. /// /// /// /// /// /// /// /// /// /// /// Page 5 of 7 25D-9 Agreement No. D10-076 IN WITNESS WHEREOF, City has caused this Agreement to be executed by its Mayor or any City official authorized to sign agreements on behalf of the City and attested by its Clerk, on the dates written opposit&'their signatures, all thereunto duly authorized by the City-Council. City of Santa Ana, a municipal corporation Date: By: City Manager ATTEST: APPROVED AS TO FORM: By Ct., t City Clerk City Attorne - - RECOMMENDED FOR APPROVAL: Executive Director Pudic Works Agency Page 6 of 7 25D-10 IN WITNESS WHEREOF, 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 thcrcunto duly authorized by the Board of Supervisors. It q County of Orange, a political subdivision of the State of Californ' Date: BY Chai an, Board of u ervisors SIGNED AND CER'T'IFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED APPROVED AS TO FORM: TO THE CHAIRMAN OF THE BOARD COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA .-4 ?yse P By: _ By:422 Darlene J. om t putt' -------------------- Clerk of the Board upervisors of Orange County, California Page 7of7 25D-11 ti CD 0 O 0 z a? E d 0 L tm Q c 0 0 m d 0 a o 0 0 °o 0 0 0 °o Q = ? 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