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RES-10313 Master Agreement for State Funded ProjectsRESOLUTION NO. 10313 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING THE TERMS AND CONDITIONS OF THE MASTER AGREEMENT BETWEEN THE CITY AND THE STATE FOR STATE-FUNDED PROJECTS FROM THE STATE TRANSPORTATION IMPROVEMENT PROGRAM OR OTHER STATE-FUNDED PROGRAMS AND AUTHORIZING THE CITY MANAGER OR THE DIRECTOR OF PUBLIC WORKS TO EXECUTE ANY AND ALL PROGRAM SUPPLEMENT AGREEMENTS TO IMPLEMENT THE MASTER AGREEMENT.WHEREAS, the City of Orange (City) has applied to the State for funding from either the State Transportation Improvement Program or other State- Funded programs hereafter jointly referred to as State Funds) for use on eligible City transportation related projects; and WHEREAS, in order to receive such funds the City Council is required to approve the "Master Agreement Administering Agency-State Agreement for State-Funded Projects"by and between the City and the State of California, acting by and through its Department of Transportation (Caltrans) (hereafter, the Master Agreement); and WHEREAS, the Master Agreement anticipates that project specific Program Supplement Agreements will be entered into by and between the City and CalTrans for the purpose of identifying eligible transportation projects and the types and amounts of State Funds that could be used to finance the project. A Program Supplement Agreement is the contractual basis for CalTrans to pay the City for work done and includes special covenants or clauses defining the City's and Caltran's specific responsibilities in implementing and maintaining the project; and WHEREAS, the Master Agreement requires that a Program Supplement Agreement be approved by the City Council unless the City Council has delegated that responsibility to another City officer; and WHEREAS, the City Council desires to save time and work by authorizing the City Manager and the Director of Public Works to execute Program Supplement Agreements and such other and further documentation as they may deem necessary and appropriate for projects to be constructed by the City under the Master Agreement.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City Section 1. Approval of the Master Agreement. The terms and provisions of the Master Agreement between the City of Orange and CalTrans in the form attached hereto as Exhibit A are approved. Accordingly, the Public Works Director is hereby authorized and directed to execute the Master Agreement on behalf of the City. Section 2. Authorization for Officers to Act. The City Council authorizes and directs the Director of Public Works or the City Manager, or their designees, to execute on behalf of the City all Program Supplement Agreements as they occur under the Master Agreement and to do any and all things and take any and all actions and execute any and all documents, which they, or any of them, may deem necessary or advisable or that CalTrans requires relevant to the implementation of the Master Agreement and to take any and all action deemed by any of them to be proper in connection with the Master Agreement. ADOPTED this 22nd day of July, 2008. ATTEST: L/4 Mary E. I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 22nd day of July, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None 2