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HomeMy WebLinkAboutAGMT - Orange County Public Works (Prop 42-City Aid Program) • • Agreement No.D09 -033 PROPOSITION 42 CITY AID PROGRAM FUNDING AGREEMENT This CITY AID PROGRAM FUNDING AGREEMENT, Agreement No. D09 -033 ( "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 Seal Beach, 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 -033 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 $60,650.00. 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 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 -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. 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 Page 2 of 6 • • • Agreement No.D09 -033 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. 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. Page 3 of 6 . • Agreement No.D09 -033 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 Seal Beach 211 8th Street Seal Beach, CA 90740 Phone 562- 431 -2527 Facsimile 562- 431 -4067 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 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, Page 4 of 6 • • Agreement No.D09 -033 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. // // // Page 5 of 6 • Agreement No.D09 -033 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 then signaluies, all thereunto duly authorized by the City Council and the Board of Supervisors, respectively. City of Seal Beach, a municipal corporation Date: 0,(1)1l/t) 7 010O7 By : ]�4xy David Carmany, City Manager ATTEST: APPROVED AS TO FORM: ' By _ City Clerk City ttorney County of Orange, a political subdivision of the State of California Date: By: Chairman, Board of Supervisors 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 By: By: Darlene J. Bloom Deputy Clerk of the Board of Supervisors of Orange County, California Page 6 of 6 • • • • • Agreement No. D07-160 PROPOSITION 42 CITY AID PROGRAM AGREEMENT This CITY AID PROGRAM AGREEMENT, Agreement No. D07-160 ("Agreement") is made and entered into this day of , 2008, by and between the County of Orange, California, a political subdivision of the State of California ("County"), and the City of Seal Beach, 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. The California State Legislature has determined that the improvement and maintenance of all city streets is of general County interest. Likewise, the County believes that it is of general County interest to extend aid to the cities within the County for the general improvement and maintenance of City streets. B._ - The 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. Pursuant to California Constitution Article XIX B § 1 and Revenue Taxation Code § 7104, the County receives State Proposition 42 (Prop. 42) allocations from the State's Transportation Investment Fund (TIF) and Traffic Congestion Relief Fund (TCRF) for the purposes of street and highway maintenance, rehabilitation, reconstruction and storm damage repair, which are required to be deposited in the County's Road Fund. C. Orange County cities have streets in need of routine roadway maintenance, minor roadway widening (non-capacity enhancing) and storm drain improvements, but have limited funds to address these needs. D. With authorization from the State, the County has established its Prop. 42 City Aid Program (CAP) whereby the County will provide a portion of the County's Prop. 42 funds to the cities for the purposes of routine roadway maintenance, minor roadway widening (non- capacity enhancing) and storm drain improvements within the cities. Such purposes are to be in accordance with any and all laws, rules, regulations, and guidelines governing Prop. 42 allocations ("Prop. 42 Requirements"). E. The City owns and operates streets in need of routine roadway maintenance, minor roadway widening (non capacity enhancing) and storm drain improvements, and acknowledges that it has limited funds by which to address these needs. Therefore, the City is in support of receiving a portion of the County's Prop. 42 allocation funds through CAP. F. Pursuant to Streets & Highways Code section 1686, the Board of Supervisors has passed Resolution No. 07-109, adopted by a four-fifths vote of its members, finding that the Purposes under this Agreement are of general County interest and that County aid shall be extended therefore. This resolution provides for the basis and conditions upon which allocations Page 1 of 7 • • . • • Agreement No. D07-160 will be made from the County Road Fund for expenditures upon City streets, bridges and culverts in cities within the County. G. The County's City Aid Program (CAP) provides the guidelines for CAP, and is incorporated by reference and made a part of this Agreement. SECTION I IT IS MUTUALLY UNDERSTOOD BY THE PARTIES THAT: County shall: A. Distribute city aid allocation(s) per requirements of this agreement, the CAP, and Exhibit B. CAP allocations to cities shall be based on each city's population as of January 2007 information published by Demographic Research Unit of the California Department of Finance. B. - Distribute city-aid allocation(s) to cities, on a-first come-first-serve basis, after- - receiving invoice along with proof of award documentation from the City for its project(s). Each City project will require invoice and proof of award documentation. The allocation will be based on City's invoice amount, which can include design, construction and construction administration costs. County will not begin disbursing allocations until County has received its first Prop. 42 allocation from the State for fiscal year 08/09. After County has received its first Prop. 42 allocation, County will disburse an allocation to the City upon receipt of award documents. County CAP allocations are entirely subject to Prop. 42 allocations to County from the State including any delays or changes in State law, rules, regulations, and guidelines. C. Coordinate with Cities on CAP projects. County's Director of Public Works or designee can authorize the substitution of CAP project(s) listed on Exhibit A to maximize full expenditure of the City's CAP allocation(s). The City must make this request in writing, and the proposed new project(s) shall be eligible for Prop. 42 funds and shall not exceed the Board approved City CAP allocation(s). D. Make every effort to expend any CAP funds returned to the County by the City if City returns funds in a timely manner. However, funds cannot be expended by the County; they shall be returned to the State. E. Review Annual CAP expenditure certification submitted by City (City's submittal will be no later than August 31 of each year). This certification is a list of completed projects and a statement that each project meets Prop. 42 requirements and is in compliance with the purposes of CAP (See CAP for sample of certification). City is responsible for ensuring that all projects meet CAP and Prop. 42 eligibility requirements and have expended such funds in the appropriate fiscal year. F. Conduct a City expenditure assessment each year to verify if City is expending its CAP funds in the timeframe contemplated under this Agreement. Page 2 of 7 • • Agreeme• nt No. 007-160 SECTION 11 • City shall: A. Maintain its existing "Maintenance of Effort" (MOE) of local funds for street and highway, maintenance, rehabilitation, reconstruction, and storm damage repair. The 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 controller pursuant to the Streets & Highways Code Section 2151, in order to participate in the County Proposition 42 City Aid Program. B. Provide County with invoice, along with proof of award documentation, for its project(s) in order to receive CAP funds. Each City project will require invoice and proof of award documentation. CAP allocation will be based on the contract award amount. County will not begin disbursing allocations until County has received its first Prop. 42 allocation from the State for fiscal year 08/09. After County has received its first Prop. 42 allocation, County will disburse a CAP allocation to the City upon receipt of invoice.and_award.documents.on.a first_ come first serve basis. County's CAP allocations are subject to receiving Prop. 42 allocations from the State. C. After receiving CAP funds from the County, advise the County, no later than two (2) months before the end of the expenditure cycle of each year, of any CAP funds that the City determines will not be expended within the time requirements of CAP. Any such CAP funds the City will be unable to expend by the deadline shall be returned to the County a minimum of thirty (30) calendar days prior to the end of the respective expenditure cycle. The County will attempt to reallocate these funds to other County projects that will expend the funds within the time requirements. However if the County is unable to expend or reallocate these funds, they will be returned to the State. D. Expend CAP funds no later than June 30, 2010. Eligible expenditure for fiscal year 08/09 CAP allocation must occur between July 1, 2008 and June 30, 2010. Any funds not expended by this deadline shall be returned to the County in a timely manner, but no later than 60 days. E. Prepare and submit to County annually, no later than August 31, 2010, CAP expenditure certification for all project(s) completed that corresponding fiscal year. This . certification is a list of projects and a statement that each project meets Prop. 42 requirements and is in compliance with the purposes of CAP (See CAP for sample of certification). F. In the event of an audit by the State, provide State all project and finance documentation as required within the timeframe specified by the State. City shall attend all audits involving its CAP projects as required by State. If the, State finds that any City expenditure is ineligible or out of compliance with Prop. 42 requirements, that expenditure shall be reimbursed to the County, which will be returned to the State. The City shall reimburse the Page 3 of 7 • • • Agreement No. D07-160 County no later than 60 calendar days from State's formal determination, if State determines CAP expenditures are ineligible. SECTION TII Miscellaneous Provisions: A. Availability of Funds County will recalculate the $10M total CAP allocation to the cities if the County's total Prop. 42 allocation falls 10% or more below the anticipated $19M yearly allocation. The adjustment down of the $10M City allocations will be in the same ratio as the County's allocation is adjusted down from the anticipated $19M. There will be no adjustment if the County's Prop. 42 allocation exceeds $19M. B. Project Documentation Cities shall promptly provide County and/or State, upon request, all project and finance documentation. C. Indemnification 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 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. City shall return CAP funds to the County (or State as appropriate) within the timeframe contemplated under this Agreement should 1) City fail to expend all of its CAP allocation within the specified timeframe; 2) the State deem any City expenditure to be ineligible; or 3) the City Aid Program be found to be incompatible with State requirements. D. 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 the County. Furthermore, City agrees that CAP allocations 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. E. 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. F. 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. G. Calendar Days Any reference to the word "day" or "days" herein means calendar day or calendar days, respectively unless otherwise expressly provided. Page 4of7 • • Agreement No. D07-160 H. 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 Seal Beach 211 8th Street Seal Beach, CA 90740 Phone 562-431-2527 Fax 562-431-4067 and County: Director of Public Works, RDMD County of Orange PO Box 4048 Santa Ana, CA 92702-4048 Phone 714-834-4377 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. I. Termination County may terminate this Agreement for any reason provided that the City has not awarded any project on which its CAP allocation will be expended. After the City has awarded a project on which its CAP allocation will be expended, County may terminate this Agreement if the 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. No termination shall become effective if, within thirty (30) days after receipt of a Notice of Termination, City either cures the default involved or, if not reasonably susceptible of cure within said thirty (30) day period, City proceeds thereafter to complete the cure in a manner and time line acceptable to County. During this period before the effective termination date, City and County shall meet to attempt to resolve any dispute. In the event of termination, County may proceed with the project work in a manner deemed proper by County. J. 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: Page 5 of 7 • • Agreement No. D07-160 • 1. Afford the City a written Notice of Breach and Notice of Termination providing for thirty (30) days within which to cure the breach, in accordance with Section I1I.I(Termination); 2. Discontinue all CAP allocations during the period in which the City is in breach; and 3. Offset CAP allocations against any invoices billed by the City. Page 6 of 7 • • Agreement No. D07-160 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. City of Seal Beach, a municipal corporation Date: lI6✓l�%)L i`�J 5� o2 007 By: I� I Maw,. ATTEST: APPROVED AS TO FORM: r / - �11/ By: � &WS City Clerk r City A torney County of Orange, a political subdivision of the State of California Date: By:94—E Chairman, Board of Supervisor 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 if f By / II A ( BY: I. a _ I Darlene . Bloom / OIleputy Clerk of the Board of Supervisors of Orange County, California Page 7 of 7 • w / » • . � « Co ] a '0 ,..=° } N\% /} \IV o - \ * E 0 ° \ 0 -0 0 7 0 \ ) \ } z a en / C.) g ) ® CO \ 5 ( § ta j t { 2 \ § { \ \j \ - - - - - - — rtZ \ / )a5 CO ® ; .G ••© a / tea ; 2 = 774 u &g 22 % 72 0 QE - ® t0C) e Col m .k E. . § '; } / 0 ) \ 7 - a \ \ { } \ \ � / "0 2 en "t0 1/40 An ) C § / \ 9 \ \\a 2 .. \ / j \ j ( \ \ 3 \ = s / C \ / Oct \ w — z \ = \ ) \ w3 ' 32 \ § _ ( 0 « E ) \ ) � ° / 2j % co \ — / o 2 Je 2 _ zG ] f .. . / — N en r » s * j J / \ z , f 0 ' • ' Exhibit B Agreement No.: D07-160 Orange County Funded Proposition 42 City Aid Program FY08/09 Allocation Schedule to Cities Population Prop. 42 CAP ID Orange County Cities (Department of Finance % Population in O.C. Allocations Based on Jan. 1, 2007) Population . 1 Santa Ana 353,428 11.86% $1,186,006 2 Anaheim 345,556 11.60% $1,159,590 3 Huntington Beach 202,250 6.79% $678,695 4 Irvine 202,079 6.78% $678,121 5 Garden Grove 172,781 5.80% $579,805 6 Orange 138,640 4.65% $465,237 7 Fullerton 137,367 4.61% $460,965 8 Costa Mesa 113,805 3 .82% • $381,898 9 Mission Viejo 98,483 3.30% $330,482 10 Westminster 92,870 3.12% $311,646 11 Newport Beach 84,218 2.83% $282,612 12 Buena Park 82,452 2.77% $276,686 13 Lake Forest 78,243 2.63% $262,562 14 Tustin 70,350 2.36% $236,075 15 Yorba Linda 67,904 2.28% $227,867 16 San Clemente 67,373 2.26% $226,085 17 Laguna Niguel 66,608 2.24% $223,518 18 La Habra 62,483 2.10% $209,676 19 Fountain Valley 57,741 1.94% $193,763 20 Placentia 51,597 1.73% $173,145 21 Rancho Santa Margarita 49,718 1.67% $166,840 22 Cypress 49,284 1.65% $165,383 23 Aliso Viejo 45,037 1.51% $151,132 24 Brea 39,870 1.34% $133,793 25 Stanton 38,981 1.31% $130,809 26 Dana Point 36,946 1.24% $123,980 27 San Juan Capistrano 36,452 1.22% $122,323 28 Laguna Hills 33,391 1.12% $112,051 29 Seal Beach 25,962 0.87% $87,121 30 Laguna Beach 25,131 0.84% $84,333 31 Laguna Woods 18,426 0.62% $61,833 32 La Palma 16,162 0.54% $54,235 33 Los Alamitos 12,146 0.41% $40,759 34 Villa Park 6,251 0.21% $20,977 Total 2,979,985 100% $10,000,000 Note: $10M City Aid Program is based on the County receiving its expected Prop. 42 allocation of approx. $19M for FY08/09. 1 oft