HomeMy WebLinkAbout06 AG C-95-993 MEAS M 03-06-00 NO.
AG___E___N
DATE: MARCH 6, 2000-
TO:
WILLIAM A. HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
SUBJECT: APPROVAL OF AMENDMENT NO. 2 TO THE MASTER FUNDING AGREEMENT NO.
C-95-993 WITH ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) FOR
PROJECTS FUNDED BY MEASURE M
SUMMARY
Approval of this Amendment provides Orange County Transportation Authority (OCTA) with the City
of Tustin's approval of the latest revision of the Combined Transportation Funding Program
Allocations.
RECOMMENDATION
It is recommended that the City Council approve Amendment No. 2 to Cooperative Agreement No.
C-95-993 with the Orange County Transportation Authority, and authorize the Mayor and City Clerk
to execute the agreement on behalf of the City upon approval by the City Attorney.
FISCAL IMPACT
The City's Capital Improvement Program/Budget (CIP) provides appropriate funds for the projects
contained in the Agreement.
BACKGROUND
The purpose of Cooperative Agreement No. C-95-993 is to clarify the roles and responsibilities of
OCTA and the City with respect to the delivery of projects funded by Measure M in the Combined
Transportation Funding Program (CTFP) and the Bicycle and Pedestrian Facilities Program (BPF).
On August 18, 1995 the City and OCTA entered into this Agreement, in which OCTA agrees to fund
all approved projects in accordance with the CTFP and BPF procedures and Tustin agrees to
complete all phases and activities of approved projects in a timely manner.
The purpose of this Amendment is to acquire the City of Tustin's approval of the latest revision of the
Combined Transportation Funding Program Allocation for City projects. All of the projects receiving
funding from the Combined Transportation Funding Program administered by OCTA are included in
the approved FY 99-00 Capital Improvement Program budget.
Tim D. Serlet
Director of Public Works/City Engineer
Dana R. Kasdan
Engineering Service Manager
TDS:DRK:cccj:City Council Items:Amend OCTA Agrmt No..2
Attachments: Amendment No. 2
Master Funding Agreement
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AMENDMENT NO. 2 TO
COOPERATIVE AGREEMENT NO. C-95-993
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
cn'Y OF TUSTIN
THIS AGREEMENT is made and entered into this. day of -.
2000, by and between the Orange County Transportation Authority. a public corporation of the State of
California (hereinafter referred to as "AUTHORITY"), and City of Tustin, a municipal corporation
(hereinafter referred to as "AGENCY").
WlTNESSETH:
__
WHEREAS, by Agreement No. C-95-993 dated August 15. 1995, as changed by Amendment
No. 1 dated October12, 1999, AUTHORITY and AGENCY entered into an Agreement which
determined that AGENCY was eligible t0 receive funding under the Combined Transportation Funding
Programs (CTFP) as spedfied in the CTFP Manual and also the Bicycle and Pedestrian Facilities
Program; and
WHEREAS, periodic scheduled reviews approved by AUTHORITY and AGENCY may be
updated as required; and
WHEREAS, both parties have agreed to amend the list of projects set forth in Exhibit A;
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and AGENCY as
follows:
Amend _Exhibit ,A, "Combi0ed Transportation Fundin_cLPro~rams (¢TFP)Allocations:', to delete
the Exhibit in its entirety and in lieu thereof insert the revised "Combined Transportation Funding
Programs (CTFP) Allocations", dated January 27, 2000" included in this Amendment as Attachment
No. 1 which is incorporated into and made a part of the Agreement.
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FEB-29-2~O0 10: 06 OCTA CAHM
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714 560 '=""-.',a'",.¢, ..-,~ P.03,'¢_.14
AMENDMENT NO. 2 TO
AGREEMENT NO. C.95-993
The balance of Agreement No. C-95-993 remains unchanged.
This Amendment shall be made effective upon execution by both parties and shall remain in
effect until both parties agree to amend or terminate it.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Ag~:eement
No. C-95-993 to be executed on the effective date first above wdtten.
CITY OF TUSTIN ORANGE COUNTY TRANSPORTATION AUTHORITY
By
By
Mayor
APPROVED AS TO FORM:
By
City Attorney
Attest:
Section-'l~f~ager- P~
APPROVED AS TO FORM:
By
City Clerk
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0.9:36 OCT~ c~r. IH
560 5?92 P.02.-'06
COOPERATIVE AGREEMENT NO. C-95-993
·
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF TUSTIN
THIS AGREEMENT is made and entered into the J~
clay of
1995 by and between the Orange County Transportation Authority, 550,8. Main Street, P.O.
Box 14184, Orange, California 92613-1584, a public corporation of the State of California
(herein after referred to as "AUTHORI'I¥~, and City of Tustin, 300 Centennial Way, P.O. Box
3539, Tustin, California 92681 (hereinafter referred to as "AGENCY").
WITNESSET~.:
t'
WHEREAS, AUTHORITY has determined that AGENCY has met the requirements of
and is eligible under the 'Combined Transportation Funding Programs (C'TFP) as specified
in the CTFP Manual and has approved AGENCY's project(s) specified in Exhibit A or the
most recent amendment thereto (hereinafter referred to as "PROJECT(s)") to receive funding
under the CTFP.; and ....
..
WHEREAS, AUTHORITYhas also approved AGENCY's project(s)'specified in Exhibit
B or the most recent amendment thereto (hereinafter referred to as "PROJECT(s)'~ to
receive funding under, the Bicycle and Pedestrian Facilities Program;
NOW, THEREFORE, it is mutually understood ancl agreed by AUTHORITY and
AGENCY as follows:
1. AGENCY shall implement and complete PROJECT(s) funded under this
Agreement in accordance with the CTFP Manual, Bicycle and Pedestrian Facilities Manual,
and the AGENCY's PROJECT(s) application submiffed to AUTHORITY and in accordance
with Exhibit A, "CTFP Program," Exhibit B, "Bicycle and Pedestrian Facilities Program," which
are attached to and, by this reference, incorporated in and macle a part of this Agreement.
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AGREEMENT NO. C-95-993
2. For AGENCY's full and complete performance in delivering PROJECT(s) under
this Agreement, AUTHORITY shall pay AGENCY in accordance with the project budget,
specified in Exhibit A or B of this Agreement, and the policies and procedures contained
in the CTFP and Bicycle and Pedestrian Facilities Manuals.
3. CTFP or Bicycle and Pedestrian Facilities funds expended by AGENCY on
a~es other than those approvecl by the Authority's Board of Directors, which are
specified in Exhibit A and B, shall be returned to AUTHORITY within 30 days of
ALrrHORITY's written order.
4. If AGENCY fails to implement and/or complete any PROJECT(s) in accordance
with article 1. of this Agreement and specifically in accordance with the approved project
description (i.e., all PROJECT(s) phases and activities must be complete~l by PROJECT(s)
· close-out), Unless otherwise agreed in writing by both AUTHORITY and AGENCY, the full
amount of funding programmed by AU'i3-iORITY for such projects shall be .returned to
AUTHORITY within 30 days of AUTHORITY's written order. AUTHORITY shall have sole
discretion in determining whether PROJECT(s) 13as been completed satisfactorily.
5. Upon close-out of each PROJECT(s) under this Agreement ancl before final
payment is processed, AUTHORITY, or other agents of AUTHORITY, may perform an audit
to ensure that CTFP policies and procedures were followed. Such audit shall be performed
within 90 days of AUTHORITY receiving the final report for each PROJECT(s). If the audit
determines that any of the activities performed are ineligible for CTFP funding, AGENCY
shall return the amount o1 funding used to perform ineligible activity to AUTHORITY.
This Agreement shall be made effective upon execution by both parties and shall
remain in effect until both parties agree to amend or terminate it..Amendments to Exhibit
A and Exhibit B will be made on a periodic basis ancl attached hereto by reference.
Page 2 of 3
FE9-29-2808
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09:37 OCT~ C~f.IF1 714 560¢,_~ P.04..'06
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AGREEMENT NO. C-95-993
IN WITNESS WHEREOF, the parties hereto have caused this Agreement. No. C-95-.
3 993 to be executed on the date first above written,
4 AGENCY
5 By ~,,5"
ORANGE COUNTYTRANSPORTATION AUTHORITY
Stan Oftel~e ~'
Chief Executive Officer
7 ATTF~T: .. . ~~OFORM-
8 By."- By _
---Ke~nnard R. Smart,
I
9 General Council ~
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APPROVED AS TO FORM:
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EXHIBIT A
FE8-29-2080
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OC:T ¢4 c~r'lr'l
P.06.-."06
EXHIBIT B
Z
TOTAL P.06