HomeMy WebLinkAbout06 MFA C-95-993 O.C. 05-15-95 -I
AGENDA-
NO. 6
5--15--95
DATE: MAY 15, 1995
Inter-Com
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
APPROVAL OF MASTER FUNDING AGREEMENT (MFA) NO. C-95-993 WITH ORANGE COUNTY
TRANSPORTATION AUTHORITY (OCTA) FOR PROJECTS FUNDED BY MEASURE M IN TIlE
COMBINED TRANSPORTATION FUNDING PROGRAM (CTFP) AND THE BICYCLE AND
PED~ FACILITIES PROGRAM (BPF)
RECOMMENDATION
It is recommended that the Tustin City Council, at their meeting of May 15, 1995, approve the
Master Funding Agreement (MFA) No. C-95-993 with the Orange County Transportation
Authority (OCTA) for projects funded by Measure M in the Combined Transportation Funding
Program (CTFP) and the Bicycle and Pedestrian Facilities Program (BPF) and authorize the
Mayor and the City Clerk to execute the agreement on behalf of the City.
FISCAL IMPACT
The City's Capital Improvement Program/Budget (CIP) provides adequate matching funds as per
the applications submitted to OCTA.
BACKGROUND
The purpose of the MFA is to clarify the roles and responsibilities of the OCTA and the City
of Tustin (Tustin) with respect to the delivery of projects funded by Measure M in the CTFP
and the BPF. The MFA is a cooperative agreement between OCTA and Tustin. By signing the
MFA, 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.
Future ,approved projects and fund allocations by OCTA will be added by amendment to the
MFA exhibits, on a periodic basis.
~'~'Ti~t~
Director of Public Works/
City Engineer
Nestor Mondok
Assistant Civil Engineer
TDS:NM:klb:mfameasm
Attaclunent
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COOPERATIVE AGREEMENT NO. C-95-993
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 "PROJECT(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 accordance
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.
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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
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 Agreement and specifically in accordance with the approved, project
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.
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AGREEMENT NO. C-95-993
IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-95-
993 to be executed on the date first above written.
AGENCY
By
ATTEST:
By
Mayor
APPROVED AS TO FORM:
ORANGE COUNTY TRANSPORTATION AUTHORITY
By
Stan Oftelie
Chief Executive Officer
APPROVED AS ~0 FORM:
By
Kennard R. Smart, Jr.
General Council
Page 3 of 3
EXHIBIT A
EXHIBIT B
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