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Home My WebLink About09 MASTER FDNG AG 10-04-99DATE' .OCTOBER 4. 1999 NO. 9 '10-4-99 t C O TO: FROM: SUBJECT: WILLIAM A. HUSTON. CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION APPROVAL OF AMENDMENT NO. 1 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 will result in Orange County Transportation Authority (OCTA) indemnifying the City of Tustin as well as the City indemnifying OCTA in the allocation of Combined Transportation Funding Program (CTFP) funds. Approval of this Amendment will also require the City to provide ,a~tten notification to OCTA when right of way is declared excess to the transportation improvement and prior to the disposal process. RECOMMENDATION It is recommended that the City Council approve Amendment No. 1 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. FISCAL IMPACT None at this time. 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. 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 the Bicycle and Pedestrian Facilities Program. The purpose of this Amendment is to add indemnification related to any negligent acts or willful misconduct in regards to the allocation of CTFP funds and clarify the right of way disposal process. Director of Public Works/City Engineer TDS:KL:ccg:Cib, Council Items:Amendment OCTA Agreement Attachments: Amendment No. 1 Master Funding Agreement Kefih Linker Associate Civil Engineer l0 14 l? 20 23 24 25 YC:SA:CF:DH L:\CAMM\CLE AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C-95-993 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF TUSTIN THIS AGREEMENT is made and entered into this ~ day of ,1999, 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 18, 1995 AUTHORITY and AGENCY entered into an Agreement which determined that AGENCY was eligible to receive funding under the Combined Transportation Funding Programs (CTFP) as specified 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, AUTHORITY wishes, and AGENCY has agreed, to include indemnification provisions and disposal methods for excess right of way acquired with Measure M funding; NO.W, THEREFORE, it is mutually understood and agreed by AUTHORITY and AGENCY as follows: Amend Page 2 of 3, to add items 6 and 7: 6. AGENCY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, employees and agents from and against any and all claims (including attorneys' fees and reasonable expenses for litigation or settlement) for any causes of action or loss, damages, bodily injuries, including death, damage to or loss of use of property caused by the ~.AL\WORDPROC~GREE~AMEND~AM 15993.DOC Page 1 of 3 l0 14 l? 2O 2! 23 24 YC:SA:CF:DI- L:\CAMM\CLE AMENDMENT NO. 1 TO AGREEMENT NO. C-95-993 negligent acts, omission or willful misconduct by AGENCY, its officers, directors, employees, agents, in connection with or arising out of the use of funds per project purposes.' AUTHORITY shall indemnify, defend and hold harmless AGENCY, its officers, directors, employee and agents from and against any negligent acts or willful misconduct in regards to the allocation of CTFP funds determined and administered by AUTHORITY. 7. AUTHORITY requires written notification at the time when right of way is declared excess to the transportation improvement, .and prior to the disposal process. Resolution of any issues regarding whether or not a right of way is excess to the transportation improvement will be by the mutual agreement of AUTHORITY and AGENCY. Excess land acquired with CTFP funds shall be sold by AGENCY in accordance with Government Code, Article 8, Surplus Land, Section 54220-54232, et.seq., and proceeds from the sale shall be returned immediately to AUTHORITY. ,/ :ICAL\WORDPROC~GREE~AMEND~,M 15993.DOC Page 2 of 3 ]0 ]3 ]5 ]8 2O 23 24 YC:SA:CF:DH L:\CAMM\CLE AMENDMENT NO. 1 TO AGREEMENT NO. C-95-993 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. 1 to Agreement No. C-95-993 to be executed on the effective date first above written. CITY Of TUSTIN ORANGE COUNTY TRANSPORTATION AUTHORITY By By Corey Creasey Section Manager- Procurement By Mayor APPROVED AS TO FORM ,. · J b'l..' Attest: APPROVED AS TO FORM: By Kennard R. Smart, Jr. /"" ~ General Counsel By City Clerk ICAL\WORDPROC',AGREE~AM END~M 15993.DOC Page 3 of 3 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 'OO._~PERATiVE AGREEt'.,.~L¢,~"f' ~xiO. C-95-9B3 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF TUSTIN THIS AGREEMENT is made and entered into the (~ day of ~/_~'-~ , 1995 by and between the Orange County Transportation Authority, 550 S. Main Street, P.O. Box 14184, Orange, California 92613-1584, a public corporation of the State of California (herein after referred to as "AUTHORITY"), and City of TuStin, 300 Centennial Way, P.O. Box 3539, Tustin, California 92681 (hereinafter referred to as "AGENCY"). WITNESSETH. WHEREAS, AUTHORITY has determined that AGENCY has met the requirements of and is eligible under the Combined Transportation Funding Programs (CTFP) 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 "PROdECT(s)") to receive funding under the CTFP; and " WHEREAS, AUTHORITY has 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 and 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 submitted to AUTHORITY and in a~cordance with Exhibit A, "CTFP Program," Exhibit B, "Bicycle and Pedestrian Facilities Program," which are attached to and, by this reference, incorporated in and made a part of this Agreement. Page 1 of 3 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ¢ ~.','5-993 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 activities other than those approved by the Authority's Board of Directors, which are specified in Exhibit A and B, shall be returned to AUTHORITY Within 30 days of AUTHORITY's written order. 4. If AGENCY fails to implement and/or complete any PROJECT(s) in accordance with article 1. of this Agreemen,t and specifically in accordance with the approved proiect description (i.e., all PROJECT(s) phases and activities must be completed by PROJECT(s) close-out), unless otherwise agreed in writing by both AUTHORITY and AGENCY, the full amount of funding programmed by AUTHORITY 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) has been completed satisfactorily. 5. Upon close-out of each PROJECT(s) under this Agreement and 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 of 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 and attached hereto by reference. Page 2 of 3 - .. 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ,--.,,.:,AEEMENT NO. ,~.-95-,9'. '~ ~i'~. WITNESS WHEREOF, u ~. r;artic~ hereto havo cau3eJ [h~s Agreement No. C-95- 993 to be executed on the date first above written. AGENCY Stan Oftelie ~ Chief Executive Officer By/~~ ~'~-a'~~ APPROVED AS TO FORM' By APPROVED AS TO FORM' Ke n(~~.w'¢ ~--"art, Jr./'\ General Council Page 3 of 3