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HomeMy WebLinkAbout07 AMEND 12 W/OCTA 05-15-07MEETING DATE: MAY 15, 2007 T0: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: APPROVAL OF AMENDMENT N0.12 TO COOPERATIVE AGREEMENT N0. C-95-993 WITH ORANGE COUNTY TRANSPORTATION AUTHORITY FOR PROJECTS FUNDED BY MEASURE M SUMMARY Approval of Amendment No. 12 provides the Orange County Transportation Authority (OCTA) with the Clty of Tustin's approval of the latest revlslon to the Combined Transportation Funding Programs (CTFP) Allocations. RECOMMENDATION It is recommended that the City Council approve Amendment No. 12 to Cooperative Agreement No. C-95-993 with the OCTA, and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. FISCAL IMPACT The Cit 's Capital Improvement Program (CIP) Budget provides appropriate funds for the projects contained in this Agreement. BACKGROUND The ur ose of Cooperative Agreement No. C-95-993 is to clarify. the roles and responsibilities of the OCTA and the City with respect to the delivery of projects funded by Measure M in the Combined Trans ortation Funding Programs (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 to the CTFP Allocations, dated October 30, 2006, for City projects. All of the projects receiving funding from the CTFP administered by OCTA and listed in Attachment 1 of the Amendment are included in the City's approved FY 06-07 Capital Improvement Program Budget. 1 AMENDMENT N0.12 TO Z COOPERATIVE AGREEMENT N0. C-95-993 3 BETWEEN 4 ORANGE COUNTY TRANSPORTATION AUTHORITY 5 AND 6 CITY OF TUSTIN 7 THIS AMENDMENT N0.12 is made and entered into this _ day of , s 2007, by and between the Orange County Transportation Authority, a public corporation of the State of 9 California (hereinafter referred to as "AUTHORITY"}, and City of Tustin, a municipal corporation io (hereinafter referred to as "AGENCY"}. 11 WITNESSETH: iz WHEREAS, by Agreement No. C-95-993 dated August 18, 1995, as last changed by 13 Amendment No. 11 dated December 22, 2005, AUTHORITY and AGENCY entered into an Agreement 14 which determined that AGENCY was eligible to receive funding under the Combined Transportation is Funding Programs (CTFP} as specified in the CTFP Manual and also the Bicycle and Pedestrian 16 Facilities Program; and 17 WHEREAS, periodic scheduled reviews approved by AUTHORITY and AGENCY may be is updated as required; and 19 WHEREAS, both parties have agreed to amend the list of projects set forth in Exhibit A; zo NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and AGENCY as Zi follows: ZZ Amend Exhibit A, "Combined Transportation Funding Programs (CTFP) Allocations", to delete 23 the Exhibit in its entirety and in lieu thereof insert the revised "Combined Transportation Funding 2a Programs (CTFP) Active Project List", dated October 30, 2006, included in this Amendment as z5 Attachment No.1 which is incorporated into and made a part of the Agreement. 26 / L:ICAMMIC LERICALICLERICALIWORDPROCIAGREEIAMENDIAM125993. DOC Page 1 of 2 AMENDMENT N0.12 TO AGREEMENT N0. C-95-993 1 2 3 4 5, 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ~I 25 26 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. 12 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 Mayor Arthur T. Leahy Chief Executive Officer APPR V ~ AS TO FORM: . By City ttorney .~ APPR ED AS TO FORM: ~.~..~._ By Kennard R. Smart, Jr. General Counsel Attest: B City Clerk APPR D: By Paul C. 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