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Home My WebLink AboutSANTA ANA COLLEGE (RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT) - 2007 DATE: ';;-'7-07 _ . I' ,-r_ ~ .,,_._ '\ '\. INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL DATE: ';;-'7-07 0.. PWA (,X2ed Ke\(,,\Q) COOPERATIVE AGREEMENT ~~~WTT~~_' ..........-TT""' .................,...-..TC c; A....T"T" A A....TA A....T""'T'LJU .J-1o..-~VU /~......,.---..- COOPERATIVE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT This Agreement ("'Agreement")~ made and entered into this 1 st day of May , 2007, by and between the Rancho Santiago Community College District, a public school district duly organized and existing under Chapter 1 of Division 3 of Title 2 of the Education Code of the State of Califomia ("RSCCD"), and the CITY OF SANTA ANA, a charter city and municipal corporation ("SANTA ANA"). RECITALS: A. SANTA ANA is the owner of a traffic signal ("Signal") located on Bristol Street at Washington Avenue. RSCCD and SANTA ANA desire to enter into a cooperative agreement for the modification of Signal due to the Santa Ana College site expansion, within the City of Santa Ana. B. The scope of work involves modification to the Signal on Bristol Street at Washin.bTton Avenue r~the PROJECT"") as described in !:,TTeater detail in Paragraph 4 of this A,b,>reement. c. RSCCD desires to provide a portion of the monetary financing for the PROJ ECT in an amount not to exceed $ t 00,000.00. NOW, THEREFORE, tor and in consideration of the mutual covenants herein contained, the parties agree as follows: AGREEMENT I. SANTA ANA shall serve as the lead agency for the PROJECT. 2. In accordance all applicable laws and regulations, SANTA ANA shall design the PROJECT and shall have sote responsibility tor having the signal PROJECT modifications made. 3. RSCCD shall contribute $ I 00,000.00 for the expenses related to the Signal modification which is estimated to cost $100,000.00 in total. SANTA ANA shall provide the relnainder of the financing, if any is necessary. Should the PROJECT cost less than $100,000.00, any unused funds shall be retumed to RSCCD. 4. The Scope of Work for the PROJECT which SANTA ANA shall perform will consist of the Signal modification to provide dual eastbound left tum lanes with split east/west phasing. The work shall include all related design, materials and labor. 5. Indelnnification Provision: a) Indemnification hy SANTA ANA: SANTA ANA hereby agrees to defend, indemnify and hold free and harmless RSCCD and RSCCD's elected and RCT "ignal 1 D007016 appointed officials, officers, and employees from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, personal injury, death or property damage, arising from or connected with SANTA ANA's obligations under this Agreement, including any Worker's Compensation suits, liability, or expense, arising from or connected with services performed on behalf of SANTA ANA by any person pursuant to this Agreement, whether such claims, damages, liabilities, costs and/or judgments are based upon alleged negligence, a dangerous condition of public property, or any other theory ofliability. SANTA ANA'S duty to indemnify RSCCD shall survive the expiration or other termination of this Agreement as to any injuries, occurrences or claims occurring or alleged to have occurred prior to its expiration or termination. b) Indemnification by RSCCD: RSCCD hereby agrees to defend, indemnify, and hold free and harmless SANTA ANA and SANTA ANA's elected and appointed officials, officers, and employees from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, personal injury, death or property damage, arising from or connected with RSCCD'S obligations under this Agreement, including any Worker's Compensation suits, liability, or expense, arising from or connected with services performed on behalf of RSCCD by any person pursuant to this Agreement, whether such claims, damages, liabilities, costs and/or judgments are based upon alleged negligence, a dangerous condition of public property, or any other theory of liability. RSCCD's duty to indemnify SANTA ANA shall survive the expiration or other termination of this Agreement as to any injuries, occurrences or claims occurring or alleged to have occurred prior to its expiration or termination. 6. SANTA ANA shall have sole ownership of the Signal and sole responsibility for operation, maintenance and repair of the Signal. 7. Pursuant to Section 8546.7 ofthe California Government Code, in the event that this Agreement involves expenditures of State funds aggregating in excess ofTen Thousand Dollars ($10,000), both parties shall be subject to the examination and audit of the Auditor General of the State of California for a period of three (3) years after final payment under this Agreement. 8. Notices. Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: RCT signal DO-07-016 2 City of Santa Ana: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702-1988 telefacsirnile (714) 647-6956 With courtesy copies to: Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-36) P.O. Box 1988 Santa Ana, California 92702-1988 Attn: Zed Kekula, Senior Civil Engineer telefacsimile (714) 647-5616 RSCCD: Rancho Santiago Community College District 2323 N. Broadway Santa Ana, CA 92706 Attn: Peter Hardash (714) 480-7300 RCT signal DO-07.016 3 IN WITNESS WHEREOF, RSCCD has caused this Agreement to be executed by its Vice Chancellor (Business Operations/Fiscal Services) and SANTA ANA has caused this Agreement to be executed by its City Manager and attested by its Clerk, as duly authorized by the RSCCD Board of Directors and the SANTA ANA City Council, respectively. CITY OF SANTA ANA, a municipal corporation of the State of California ~~ By: 5f" David N. Re City Manager RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT By: ~f Peter ~ar s, .o/J-, Vice Chancellor 1:J7 Business Operations/Fiscal Services -fl9I ATTEST: ~<;. #- <<:~ Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: APPROVED AS TO FORM: a'~~A y..-Joseph W. Fletcher City Attorney N/A By: Counsel for RSCCD RECOMMENDED FO/? APPROVAL (h RCT signal DO-07-016 4 CONSENT CALENDAR CONSENT CALENDAR Council of Orange County - S1. Vincent De Paul Friendship Shelter Human Options Interval House Laura's House Legal Aid Society Mercy House-Center Mercy House-Joseph/Regina OC Mental Health Association SMEDA Thomas House Wise Place WTLC 25.F. AGMT NO. 2007-102, 106, 107 - TEMPORARY PERSONNEL SERVICES - Amend agreements to extend the term and to increase the total cumulative amount to $425,000 with the following vendors: Nakoma Group (formerly Data Design Corporation), Softmaster, Inc., Telfords - Finance & Management Services Agency 25.G. AGMT NO. 2007-103 - EMANCIPATED YOUTH GRANT - Execute an amendment with Orangewood Children's Foundation to exceed its contract through June 30, 2007 and increase the amount of the agreement by $1,400 to an amount not to exceed $62,050 - Community Development Agency 25.H. AGMT- COOPERATIVE AGREEMENT WITH THE SANTA ANA COLLEGE AND APPROPRIATION ADJUSTMENT ACCEPTING FUNDS FOR THE TRAFFIC SIGNAL MODIFICATION ON BRISTOL STREET AND WASHINGTON AVENUE Motion: 1. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement. AGMT 2007-104 - Execute a cooperative agreement with Santa Ana College-Public Works Agency 2. Approve an Appropriation Adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 07-102 - Accepting funds from Santa Ana College in the amount of $100,000 into the SAC BristollWashington Signal fund and appropriating funds to the SAC BristollWashington Signal fund for the traffic signal modification on Bristol Street and Washington Avenue CITY COUNCIL MINUTES 141 APRIL 16, 2007 CONSENT CALENDAR CONSENT CALENDAR MOTION: Alvarez SECOND: Tinajero VOTE: AYES: Alvarez, Benavides. Bustamante, Martinez, Pulido. Sarmiento. Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) LAND USE MATTERS 31.A. VARIANCE NO. 2007-01 TO REDUCE PARKING STANDARDS FOR A HOME IMPROVEMENT WAREHOUSE AT 1044 EAST FOURTH STREET Filed by HD Supply to reduce parking standards for a home improvement warehouse in the Heavy Industrial (M-2) zoning district at 1044 East Fourth Street. Recommended action approved by the Planning Commission on March 26.2007 by a vote of 7-0 Applicant: HD Supply Motion: Continue the matter for two weeks (May 7,2007) MOTION: Alvarez SECOND: Tinajero VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez. Pulido. Sarmiento. Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 31.B. EXTENSION OF ENTITLEMENTS FOR CONDITIONAL USE PERMIT NO. 2005-15 AND VARIANCE NO. 2005-12 TO ALLOW CONSTRUCTION OF THE MONTAGE CONDOMINIUM PROJECT AT 101 EAST SANDPOINTE AVENUE Filed by Integral Communities to request an extension of the entitlements to allow construction of the Montage Condominium project in the Specific CITY COUNCIL MINUTES 142 APRIL 16, 2007 CONSENT CALENDAR CONSENT CALENDAR Motion: Approve staff recommendations on the following Consent Calendar items. MOTION: Alvarez SECOND: Tinajero VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Items removed for separate action or modified are highlighted. Separate actions show the actual vote. Items without votes are adopted as part of the consent motion. ADMINISTRATIVE MATTERS MINUTES Motion: Approve minutes. (Item 10.A.) 10A REGULAR MEETING MINUTES OF APRIL 2, 2007 BOARDS/COMMISSIONS/COMMITTEES 13.A. VACANCY REPORT - APRIL 11,2007 The Vacancy Report reflects only appointments made by the Council. Motion: Receive and file. BOARD/COMMISSION Community Redevelopment Housing Commission Youth Commission - Alternate Youth Commission - Regular Personnel Board VACANCIES 1 WARD Tenant TOTAL 3 1 1 6 1,3 & 5 1 5 BOARD/COMMISSION EXPIRED TERMS Historic Resources Commission 1 WARD 6 CITY COUNCIL MINUTES 136 APRIL 16, 2007 ......"'-IIP-r'to-r ....,," ~ REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: APRIL 16, 2007 TITLE: APPROVED o As Recommended o As Amended D Ordinance on 1st Reading D Ordinance on 2nt; Reading D Implementing Resolution o Set Public Hearing For COOPERATIVE AGREEMENT WITH THE SANTA ANA COLLEGE AND APPROPRIATION ADJUSTMENT ACCEPTING FUNDS FOR THE TRAFFIC SIGNAL MODIFICATION ON BRISTOL STREET AND WASHINGT N AV E CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute a cooperative agreement with the Santa Ana College for the Bristol Street and Washington Avenue traffic signal modification. Approve an appropriation adjustment accepting funds from Santa Ana College in the amount of $100,000 into the SAC Bristol/Washington Signal fund (account no. 35-01-5369) and appropriating funds to the SAC Bristol/Washington Signal fund (account no. 35-631-6631) for the traffic signal modification on Bristol Street and Washington Avenue. DISCUSSION As part of the Santa Ana College expansion project, the College is required to fund the modification of the traffic signal on Bristol Street and Washington Avenue. The traffic signal modification will provide dual eastbound left turns to mitigate the traffic impact resulting from the college expansion. The funds received by the City will be used for design and construction of the traffic signal modification. Construction will be completed by August 2007 and the City will be the lead agency for installation. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25H-1 ~nnrnnria~~ Ad,ustment for Traffic Siqnal Modification Appropriate Adjustment for Traffic Signal Modification April 16, 2007 Page 2 of 2 FISCAL IMPACT Funds in the amount of $100,000 will Bristol/Washington Signal fund (account no. into the SAC Bristol/Washington Signal fund be deposited into the SAC 35-01-5369) and appropriated (account no. 35-631-6631). APPROVED AS TO FUNDS AND ACCOUNTS: l TC- Ll !l" James G. Ross Executive Director Public Works Agency ':\:l\.~~~-'M'~~~' Francisco Gutierrez Executive Director Finance & Mgmt. services ./) ~ Agency 25H-2