Loading...
HomeMy WebLinkAboutC-3051 - Cooperative Agreement No. C-95-985M OCTA AFFILIATED AGENCIES Orange County Transit District Local Transportation Authority Service Authority for Freeway Emergencies Consolidated Transportation Service Agency Congestion Management Agency Service Authority tar' Abandoned Vehicles December 16, 2014 Dave Webb Director of Public Works City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92.6605 SUBJECT: CONTRACT CLOSE OUT—AGREEMENT NO. C-95-985 Dear Mr. Webb: This letter serves as the Orange County Transportation Authority's (OCTA) notice to the City of Newport Beach that Master Funding Agreement No. C-95-985 is complete. According to our records, all work has been completed and invoices have been paid. Therefore, as of the date of this letter, the contract is considered closed. If you have any questions or comments, please contact the undersigned at (714) 560 —5694 or mkatakia &octa.net. Department Manager, Capital Projects Contracts Administration and Materials Management Orange County Transportation Authority 550 South Main Street/ P.O. Box 14184 / Orange / California 92863-1584 / (714) 560 -OCTA (6282) 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AMENDMENT NO. 15 TO AGREEMENT NO. C-95-985 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF NEWPORT BEACH FOR COMBINED TRANSPORTATION FUNDING PROGRAMS PROJECT THIS AMENDMENT NO. 15 is effective this 2111 day of UUOe, 2012, by and between the Orange County Transportation Authority, a public corporation of the State of California (hereinafter referred to as "AUTHORITY'), and City of Newport Beach, a municipal corporation (hereinafter referred to as "AGENCY'). WHEREAS, by Agreement No. C-95-985 dated May 24, 1995, as last changed by Amendment No. 14 dated October 14, 2008, 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, AUTHORITY is updating the audit language with no change to the maximum cumulative obligation; and NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and AGENCY that Agreement No. C-95-985 is hereby amended in the following particulars only: 1. Amend Item 5, page 2 of 3, lines 18 through 23, to delete in its entirety and replace with: "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 a technical and or field review to ensure that CTFP policies and procedures were followed. In addition, an independent audit may be G:\CAMMICLERICAL\W ORDPROCIAGREEIAMEN D\AM 1595985. DOC Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2 23 �724 e 25 26 AMENDMENT NO. 15 TO AGREEMENT NO. C-95-985 performed within 5 years of AUTHORITY releasing the final payment for each PROJECT(s). If the audit determines that any of the activities performed are ineligible for CTFP funding or did not comply with CTFP policies and procedures, AGENCY shall return the amount of funding used to perform ineligible activity to AUTHORITY." The balance of Agreement No. C-95-985 remains unchanged. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 15 to Agreement No. C-95-985 to be effective as of the date first above written. CITY OF NEWPORT BEACH 0 3F�y,p,y Leilani I. Brown City Clerk APPROVED AS TO FORM: By: ,,� C, Aaron C. Harp City Attorney Dated�-- G:\CAMM\CLERICAL\W O RDPROC\AGREE\AME N D\AM 1595985. DOC ORANGE COUNTY TRANSPORTATION AUTHORITY By: Meena Katakia ' ✓ Manager, Capital Projects APPROVED AS TO FORM: By: Kennard R. Smart, Jr. General Counsel Page 2 of 2 I� AMENDMENT NO. 13 TO 2 COOPERATIVE AGREEMENT NO. C-95-985 3 BETWEEN a ORANGE COUNTY TRANSPORTATION AUTHORITY 5 AND 6 CITY OF NEWPORT BEACH 7 THIS AMENDMENT NO. 13 is made and entered into this day of 8 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 Newport Beach. a municipal 10 corporation (hereinafter referred to as "AGENCY") 11 WITNESSETH: 12 WHEREAS, by Agreement No. C-95-985 dated May 24, 1995, as last changed by Amendment 13 No 12 dated April 4. 2007, AUTHORITY and AGENCY entered into an Agreement which determined 14 that AGENCY was eligible to receive funding under the Combined Transportation Funding Programs Is (CTFP) as specified in the CTFP Manual and also the Bicycle and Pedestrian Facilities Program: and 16 WHEREAS, periodic scheduled reviews approved by AUTHORITY and AGENCY may be 17 updated as required; and 18 WHEREAS. both parties have agreed to amend the list of projects set forth in Exhibit A, 19 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and AGENCY as 20 follows: 21 Amend Exhibit A "Combined Transportation Funding Programs (CTFP) Allocations", to delete 22 the Exhibit in its entirety and in lieu thereof insert the revised "Combined Transportation Funding 23 Programs (CTFP) Active Project List", dated March 31, 2007, included in this Amendment as 24 Attachment No. 1 which is incorporated into and made a part of the Agreement. 25 / 26 / L �C.tMMICLERICA %CLERICK%WOROPROCWGREEN ENUV -MMS OOC Page 1 of 2 0 0 AMENDMENT NO. 13 TO AGREEMENT NO. C-95-985 The balance of Agreement No. C-95-985 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 13 to Agreement No. C-95-985 to be executed on the effective date first above written. CI7Z! POR BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY Y By S even Rosansky Arthur Leahy Mayor Chief Executive Officer APPROVEAS TO FORM: APPROVE S TO FORM: I By Robin Clauson Kennard R Smart, Jr City Attorney General Counsel Attest:-',�y, By� LaVonne Harkless City Clerk APPROVED. By Kia Morlazavi Executive Director Development II L%CAWCLERICAL�CLERICALWORDPROCWCREE%AWNDWM1359M DOC Page 2 of 2 Combined Transportation Funding Program (CTFP) Active Project List YLL;,NdYM11y1 rlmwnaa'Mar�a° ° c ".9:..asN.11/1 acR6 wia'.I.n w9w c W^"_Jy°"""°_. _rim« _ '.IA.NJiN116$ rImYNOM Wmrnnp_GrgW L YVM _ SWMO _S2Y600O__. _ __ _ _ __ YJ�NiM4116I�J�mp0R RRtl W4nn0 RgKI _ R WW BYIO _ •_ _� Etll_6T0. M1LL_HrVPGi16} S1pP/�M' MMIWYRIM� N111Y_1- �Illlb {L� ":9�NU�MDIItG IiL1RIiRRi ROW PKMYA�'R NMROaIYM _c C AnSMW_ _ _4I _ __•_ Yv=N-0_MVII30 �JIIm_W 11Otl IinYvwllw0Y IURwIYrbMtl C —• SMV _� V�IY� ._- _ ��iWe0O0 _ _ _ —1 __ va'1LAlali-Zi6 a/lir $VMIRMYE4iRM C ANMI PWMC _ y _ _ _ •;fl'N�11IN.WlG 1Mmae KORO H�0NrRR1niLL (SnJUWrR.ruV'. ^—C . Y9cHAiwv.nxe�m sLs.1NRRR iJRRIoonR mCsrp�'W.+, c .1w T__Swi.e sl�xao. � _ � _ _ .Ir._N-0W.XOt�•JwmrrbMdmFVWtlI —_._ E _ _ ' Y9_N.$M3i16 ILRTC S40Y5 UppIWa.Rmru c 9M _ SYrYo _ _ _ _ _� U27 No, ,m�H.siO.2>16_woss"SNi0^�_Pr , ._ r.9 N.SIO.iYA_ Trak_ $�nY S�M0rn U0pno6 A �� __E2300.'YJ _E � ^S14xis1 „•,w 1„oi Ssw.oro N.IN.yb tSOIMr S2 o 6EaElanUMe1111I NO. 13 ATTACHMENTI 11 • L 1PLANNINGIIoaWP ogramsZAN%Seplembv 20071Fa Kamy x%ON3 0' NeWO L Beacr 14 OY3t,Z007 OCTA October 14, 2008 BOARD OFDIRECTORS Chris Norhy Chatmran Pefer8u8a Vice Chairman JenyAmante Director Particle Bates Director Art Brown Director Bill Campbell Director Carolyn V. Cavecohe Director Richard Dixon Director Paul G. Glaah Director Cathy Green Director Allan Mansoor Director John Moorlach Director Janet Nguyen Director Miguel Pulido Director Mark Rosen Director Gregory T. Winledrouom Director Cindy Duon Governor's Ex-OAYcio Member JHIEF EXECUT7VE OFFICE Arthur T. Leahy Chief Executive OKrcer Ms. Shari S. Rooks Public Works Specialist City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 Subject: Agreement C-95-985, City of Newport Beach, "Combined Transportation Funding Program" Letter Approval Dear Ms. Rooks: This letter agreement serves as the Orange County Transportation Authority's (Authority) approval to amend Attachment No. 1, "Active Project List". The Authority is deleting the Exhibit, in its entirety, as identified in Amendment No. 13, and in lieu thereof is inserting the revised "Combined Transportation Funding Programs (CTFP) Active Project List", dated March 31, 2008 attached hereto as Attachment No. 1, which is incorporated and made a part of the Agreement. If you have any questions, you may contact Sarah L. Strader at 714-560-5633. Sincerely, Perez, anager and Procurements c: Monica Giron, Project Manager Accounting Contract File Enclosure Orange County Transportation Authonty 550 South Main Street/HO. Box 14184/Orange/Calitornta 92863-1584/(714)560-OCTA(6262) � T � Z �F C5 W �_ gW V iti C9 a C .� v d a a m a w 0 m a t - U �t_.,. '. .., 0 M 1 2 3 4 s 6 s 9 10 it 1 13 14 is 16 n 18 19 20 21 22 23 24 2s 26 • AMENDMENT NO. 10 TO 0 C- �I COOPERATIVE AGREEMENT NO. C-96-985 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF NEWPORT BEACH THIS AMENDMENT NO. 10 is made and entered into this ay of 2005, by and between the Orange County Transportation Authority, a public corporation of the State of California (hereinafter referred to as "AUTHORITY"), and City of Newport Beach, a municipal corporation (hereinafter referred to as "AGENCY"). WITNESSETH: WHEREAS, by Agreement No. C-95-985 dated May 24, 1995, as last changed by Amendment No. 9 dated October 5, 2004, 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 follows: 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 Amend Exhibit A. "Combined Transportation Funding Programs (CTFP) Allocations", to delete the Exhibit in its entirety and in lieu thereof insert the revised "Combined Transportation Funding Programs (CTFP) Allocations", dated December 20, 2004, induded in this Amendment as Attachment No. 1 which is incorporated into and made a part of the Agreement. I L\CAMr&CLERICAL\CLERICALAMROPROC%GREEIAMENDWM05985.DDC Page 1 of 2 1 2 3, 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 174 0 The balance of Agreement No. C-95-985 remains unchanged. AMENDMENT NO. 10 TO AGREEMENT NO. C-95-985 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. 10 to Agreement No. C-95-985 to be executed on the effective date first above written. CIl ORANGE COUNTY TRANSPORTATION AUTHORITY OAABy 1• Arthur T. Leahy Chief Executive Officer APPROVED AS TO FORM: APPROVED AS TO FORM: BC, b� By Foe City Attorngy� Kdnnard R. Smart, Jr. General Counsel 6 NO- APPWVED. By Paul C. aylor, Executive Director Planning, Development and Commuter Services Date LICAMMICLERICALkOLERICALIWOROPROCIACREE%MEND1AMIOSM.DOC Page 2 of 2 ATTACHMENT -1 - i Projects Agreement#: C9M85 12/2af". FY98199 FY99100 FYC=l FY01102 FY02103 FY03104 FY04105 FY05109 FY09I07 FY07108 FY08N9 FY09H0 F�1i 250,000 298,000 730,380 131,570 951,478 I* t 2 3 4 5 6 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AMENDMENT NO. 9 TO COOPERATIVE AGREEMENT NO. C-95-985 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF NEWPORT BEACH THIS AMENDMENT NO. 9 is made and entered into this L6day of 2004, by and between the Orange County Transportation Authority, a public corporation of the State of California (hereinafter referred to as "AUTHORITY"), and City of Newport Beach, a municipal corporation (hereinafter referred to as "AGENCY"). WITNESSETH: WHEREAS, by Agreement No. C-95-985 dated May 24, 1995, as last changed by Amendment No. 8 dated April 1, 2004, 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, 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, "Combined Transportation Funding Programs (CTFP) Allocations", to delete the Exhibit in its entirety and in lieu thereof insert the revised "Combined Transportation Funding Programs (CTFP) Allocations", dated June 28, 2004, included in this Amendment as Attachment No. 1 which is incorporated into and made a part of the Agreement. L:%CAMktCLERICALICLERICAL\WORDPROC W GREEIAMEND"95985.DOC Page 1 of 2 • AMENDMENT NO. 9 TO AGREEMENT NO. C-95-985 The balance of Agreement No. C-95-985 remains unchanged. 1 This Amendment shall be made effective upon execution by both parties and shall remain in 2 effect until both parties agree to amend or terminate it. 3 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 9 to Agreement 4 No. C-95-985 to be executed on the effective date first above written. 5 CITY OF NEWPOH ORANGE COUNTYSPORTATION AUTHORITY 6 U I By /t By 7 Mayor Arthur T. Leahy Chief Executive Officer 8 9 APPROV A TO APPROVED AS TO FORM: to By t// By City Attorney Kennard R. Smart, Jr. 11 General Counsel 12 13 Atttes/t:14 J/// City Clerk 15 16 17 18 14 20 21 22 23 24 25 26 LSCAMWCLERICAL\CLERICAL\WORDPROCIAGREEVMENDW 5985.DOC APPRQ D: By � Paul C. Taylor, Executive Director Planning, Development and Communications Date I l I J Page 2 of 2 � / tk |� ( 2 o; a 2 \ k ! o E § � ! o \ / « a ) ! L v ! § B & /§k§! \ ~\ LL 2##3 2 g2 2* -- \If% k | k]I/|)]\.m,0 CL!f!!7);f\;§: U) \\_z, k - |) ) § J! § f U 2e2F\ F \ ;§ � 1 AMENDMENT NO.8 TO 2 COOPERATIVE AGREEMENT NO. C-95-985 3 BETWEEN 4 ORANGE COUNTY TRANSPORTATION AUTHORITY 5 AND 6 CITY OF NEWPORT BEACH 7 THIS AMENDMENT NO. 8 is made and entered into this day ofrlJ()M,(, , 8 2004, 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 Newport Beach, a municipal 10 corporation (hereinafter referred to as "AGENCY"). 11 WITNESSETH: 12 WHEREAS, by Agreement No. C-95-985 dated May 24, 1995, as last changed by Amendment 13 No.7 dated August 28, 2003, AUTHORITY and AGENCY entered into an Agreement which 14 determined that AGENCY was eligible to receive funding under the Combined Transportation Funding 15 Programs (CTFP) as specified in the CTFP Manual and also the Bicycle and Pedestrian Facilities 16 Program; and 17 WHEREAS, periodic scheduled reviews approved by AUTHORITY and AGENCY may be 18 updated as required; and 19 WHEREAS, both parties have agreed to amend the list of projects set forth in Exhibit A; 20 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and AGENCY as 21 follows: 22 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 24 Programs (CTFP) Allocations", dated January 13, 2004, included in this Amendment as Attachment 25 No. 1 which is incorporated into and made a part of the Agreement. 1 26 YC CF L9CAMW RICAL\CLERICAL\N0RDPROCWGREEIAMENDkAM95995.DOC Page 1 of 2 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 YC:CF µ AMENDMENT NO. 8 TO AGREEMENT NO. C-95-985 The balance of Agreement No. C-95-985 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. 8 to Agreement No. C-95-985 to be executed on the effective date first above written. CITY OF NEWPORT BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY a By —1�f Mayor APPROVED. - Attest By Arthur T. Leahy Chief Executive Officer APPROVED AS TO FORM: By " C'� '-' Kennard R. Smart, Jr. General Counsel APPROVED: B Dave Elbaum City Clerk Director, Strategic Planning Page 2 of 2 / { ��2 } \}}mT 00 m0 � „eeg ■ � ; : kfgo kg|+33333g■�$ d 777$£k7 | |7 |«| & §2}!}!` „ , X „ 33 - | , ■ |5555 ■ - - |;}2) / E In m /,m=, ` , e , ° k�)}k k 2 ® ] 2 � § ; � ! 2 � ■ n � 2 7 ] � | g ! / § ■ ! o § 2 B � CD ; 6 B k , & 2 § ] !� |� ( � � ; B ) ] ! j § 2 ■ q ! K +, B .� §2 YQCF I AMENDMENT NO. 7 TO 2 COOPERATIVE AGREEMENT NO. C-95-985 3 BETWEEN a ORANGE COUNTY TRANSPORTATION AUTHORITY s AND 6 CITY OF NEWPORT BEACH 7 THIS AMENDMENT NO. 7 is made and entered into this day of s 2003, by and between the Orange County Transportation Authority, a public corporate of the State of 9 California (hereinafter referred to as "AUTHORITY"), and City of Newport Beach, a municipal 10 corporation (hereinafter referred to as "AGENCY"). 11 WITNESSETH: 12 WHEREAS, by Agreement No. C-95-985 dated May 24, 1995, as last changed by Amendment 13 No. 6 dated April 28, 2003, AUTHORITY and AGENCY entered into an Agreement which determined 14 that AGENCY was eligible to receive funding under the Combined Transportation Funding Programs 1s (CTFP) as specified in the CTFP Manual and also the Bicycle and Pedestrian Facilities Program; and 16 WHEREAS, periodic scheduled reviews approved by AUTHORITY and AGENCY may be 17 updated as required; and 1s WHEREAS, both parties have agreed to amend the list of projects set forth in Exhibit A; 19 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and AGENCY as 20 follows: 21 Amend Exhibit A. "Combined Transportation Funding Programs (CTFP) Allocations", to delete 22 the Exhibit in its entirety and in lieu thereof insert the revised "Combined Transportation Funding 23 Programs (CTFP) Allocations", dated July 25, 2003, included in this Amendment as Attachment No. 1 24 which is incorporated into and made a part of the Agreement. 25 / 26 / Page 1 of 2 J 1 2 3 4 5 6 7 81 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 • AMENDMENT NO.7 TO AGREEMENT NO. C-95-985 The balance of Agreement No. C-95-985 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. 7 to Agreement No. C-95-985 to be executed on the effective date first above written. CITY OF NEWPORT BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY 10 Z APPROVED AS TO FORM: By qL�� City Attorney r By t. Arthur T. Leahy Chief Executive Office r��7•����1F. • • L u By 4I.-ve-e Kennard R. Smart, Jr. General Counsel APPROVED: Attest: /By B� _ >1 n Q. ✓J 1. Aja r/C (., i Dave Elbaum City Clerk Director, Strategic Planning Date ]lo? Page 2of2 li 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 VC:CF C - UKi14a•L #lilk&[•X-Ii•7 COOPERATIVE AGREEMENT NO. C-95-985 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF NEWPORT BEACH THIS AMENDMENT NO. 6 is made and entered into this&rday of 2003, by and between the Orange County Transportation Authority, a public corpo tion of the State of California (hereinafter referred to as "AUTHORITY"), and City of Newport Beach, a municipal corporation (hereinafter referred to as "AGENCY"). WITNESSETH: WHEREAS, by Agreement No. C-95-985 dated May 24, 1995, as last changed by Amendment No.5 dated September 9, 2002, 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 follows: 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 Amend Exhibit A. "Combined Transportation Funding Programs (CTFP) Allocations", to delete the Exhibit in its entirety and in lieu thereof insert the revised "Combined Transportation Funding Programs (CTFP) Allocations", dated February 18, 2003, included in this Amendment as Attachment No. 1 which is incorporated into and made a part of the Agreement. Page 1 of 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 VC:CF • • AMENDMENT NO. 6 TO AGREEMENT NO. C-95-985 The balance of Agreement No. C-95-985 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. 6 to Agreement No. C-95-985 to be executed on the effective date first above written. CITY OF NEWPORT BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY 0 m APPROVP AS TO FORM: By a I City Attorney Attest: / Bye ��-01` 11.t M. City Clerk By J4 i' tJ" Arthur T. Leahy Chief Executive Officer APPROVED AS TO FORM: By L:�O�� Kennard R. Smart, Jr. General Counsel ByJ�A/l Dave Elbaum Director, Strategic Planning Date v, z, -7 /,7 -? Page 2 of 2 0 §�§ \ k .) . § ■ E / ( . k | (§ ) 0 § . 0 § 0 \ . . .. \ . E [ r § � . . . f��ttw|��>J�. . 1,;�¥�!! ' \ 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 YC:CF 0 AMENDMENT NO.S TO 0 COOPERATIVE AGREEMENT NO. C-95-985 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF NEWPORT BEACH C- �09 THIS AMENDMENT NO. 5 is made and entered into this day of r 2002, by and between the Orange County Transportation Authority, a public corporation of the State of California (hereinafter referred to as "AUTHORITY"), and City of Newport Beach, a municipal corporation (hereinafter referred to as "AGENCY"). WHEREAS, by Agreement No. C-95-965 dated May 24, 1995, as last changed by Amendment No.4 dated December 4, 2001, 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, 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, "Combined Transportation Funding Programs (CTFP) Allocations', to delete the Exhibit in its entirety and in lieu thereof insert the revised "Combined Transportation Funding Programs (CTFP) Allocations", dated July 26, 2002, included in this Amendment as Attachment No. 1 which is incorporated into and made a part of the Agreement. Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Is 16� 17 18 19 20 21 22 23 24 25 26 vC:CF 0 • AMENDMENT NO.5 TO AGREEMENT NO. C-95-985 The balance of Agreement No. C-95-985 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. 5 to Agreement No. C-95-985 to be executed on the effective date first above written. CITY OF NEWPORT BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY A. By By Arthur T. Leahy Chief Executive Office By -::� -�. Mayor APPROVED AS TO FORM: By A� �� — Cityey Atte�s-tt:(�, By��� City Clerk APPROVED AS TO FORM: By Kennard R. Smart, Jr. General Counsel APPROVED: B & J PAL Dave Elbaum Director, Strategic Planning Date � k /0 -L— Page 2 of 2 Page2of2 o z 3 w n e w � • s e a a k a r _ Q � L � fC W LL N N d> Em m m LL a � P m LL ea n � N a d LL LL C N d a @ O N � C n O >' Y R n v £ O � Q N LL I— U � N E o a E C U U K w U W W C U K w U U U LL O 9 LL m R 3 f n r C rc rc z 8 m F u Ey E E EkauE Em Eu m C mw ii iE -1diE �E i _ m5�cfc fc ib wi vzi L V P Q% ry ryN y N ry ry_ n m .�- S E D ?� 0 0 Ll f0 OJ m `m m m yl dl m fS U y Zm Z Z 2 2 2 ? p D 9 q p q O 9 6 P 0 P e P 0 11 2 3 4 5 6 7 s 9 10 11 12 13 14 is 16 17 1s 19 20 21 22 23 24 25 26 YRCF 0 AMENDMENT NO. 4 TO 0 COOPERATIVE AGREEMENT NO. C-95-985 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY IT.17 CITY OF NEWPORT BEACH /�1n/', ufr! THIS AMENDMENT NO. 4 is made and entered into this � day of I^' 1n /�li'(._ 2001, by and between the Orange County Transportation Authority, a public corporation of the State of California (hereinafter referred to as "AUTHORITY"), and City of Newport Beach, a municipal corporation (hereinafter referred to as "AGENCY"). WITNESSETH: WHEREAS, by Agreement No. C-95-985 dated May 24, 1995, as last changed by Amendment No. 3, 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 follows: 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 Amend Exhibit A. "Combined Transportation Funding Programs (CTFP) Allocations", to delete the Exhibit in its entirety and in lieu thereof insert the revised "Combined Transportation Funding Programs (CTFP) Allocations", dated July 24, 2001, included in this Amendment as Attachment No. 1 which is incorporated into and made a part of the Agreement. Page 1 of 2 1 2 3 4 s 6i 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 VC:CF • • AMENDMENT NO.4 TO AGREEMENT NO. C-95-985 The balance of Agreement No. C-95-985 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. 4 to Agreement No. C-95-985 to be executed on the effective date first above written. CITY OF NEWPORT BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY m n By && L-tw /' Arthur T. Leahy Chief Executive Officer ��r: �� rte® By APPROVED AS TO FORM: Mayor Attest: City Clerk By O -^T Kennard R. Smart, r. General Counsel Page 2 of 2 R] L YC CF 1 AMENDMENT NO.3 TO 2 COOPERATIVE AGREEMENT NO. C-95-985 3 BETWEEN 4 ORANGE COUNTY TRANSPORTATION AUTHORITY 5 AND 6 CITY OF NEWPORT BEACH// �j 7 THIS AMENDMENT NO. 3 is made and entered into this (�day of 8 2001, 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 Newport Beach, a municipal 10 corporation (hereinafter referred to as "AGENCY"). 11 WITNESSETH: 12 WHEREAS, by Agreement No. C-95-985 dated May 24, 1995, as last changed by Amendment 13 No. 2 dated April 20, 2000, AUTHORITY and AGENCY entered into an Agreement which determined 14 that AGENCY was eligible to receive funding under the Combined Transportation Funding Programs 15 (CTFP) as specified in the CTFP Manual and also the Bicycle and Pedestrian Facilities Program; and 16 WHEREAS, periodic scheduled reviews approved by AUTHORITY and AGENCY may be 17 updated as required; and 18 WHEREAS, both parties have agreed to amend the list of projects set forth in Exhibit A; 19 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and AGENCY as 20 follows: 21 Amend Exhibit A. "Combined Transportation Funding Programs (CTFP) Allocations", to delete 22 the Exhibit in its entirety and in lieu thereof insert the revised "Combined Transportation Funding 23 Programs (CTFP) Allocations", dated July 11, 2000, included in this Amendment as Attachment No. 1 24 which is incorporated into and made a part of the Agreement. 25 / 26 / 4714 AMMDATA�CAMM%CLERICALIWORDPROCNC,REEWMENDWM35985.DOC Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • • AMENDMENT NO. 3 TO AGREEMENT NO. C-95-985 The balance of Agreement No. C-95-985 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. 3 to Agreement No. C-95-985 to be executed on the effective date first above written. CITY OF NEWPORT BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY By By &04 Arthur T. Leahy Interim Chief Executive Officer By�A APPROVEITAS TO FORM: Mayor APPROVE S TO FORM: By"L2° Kennard R. Smart, General Counsel By C ty Attorney /-%LL Page 2 of 2 Z Z Z Z Z 2 Z z Z 'Z Z Z Z •" Z Z 7 Z Z fD m m m m m m m m m m - F O Cl O O O O O O 0 n n n O n n n n n 2 2 2 S 2 2 2 2 2 2 S 2 2 2 2 2 2 2 0 GI D D D ➢ 3 - - _ _ = _ n d3 j X':L'-D2 ?pJ' 3 n c S n? to w n 3 ¢ 3 N o _Q v a o o ,D D n m R: S `o o o g n of q Si w` w u o fD v S a! mc o g n n O n O m O O O O m O m m m n O m m 0 0 b m T T m m m y T 9 = V m V 2 2 2 m m m A m m m N U O b T W m N N O O W N T O O m O m m J o O 3 R cr 7 CD 0. v 0 1 v O fl) O z C v � m fl. 9 b 3 � C '0 y b y b W W K U) A n T T b T � V b O a 0 m � Ir < O N i T 0 < b m CD < T m 1 a b CD T n e I"M o N O O O O N o D m N T 3 K N o � O P < y1 G b U � U T K y 3 o m m � a 3 T ry O P Z 0 0 W T K 0 J O T K O m O b T D O H b D O � -aS T � m K � Z o O m m v N O ip y O O A m N O 0 .m O G m m � m 0 0 � m 'W m m J o O 3 R cr 7 CD 0. v 0 1 v O fl) O z C v � m fl. 9 b 3 � C '0 y b y b W W K U) A n T T b T � V b O a 0 m � Ir < O N i T 0 < b m CD < T m 1 a b CD T n e I"M o N O O O O N o D m N T 3 K N o � O P < y1 G b U � U T K y 3 o m m � a 3 T ry O P Z 0 0 W T K 0 J O T K O m O b T D O H b D O � -aS T � m K � Z o O 1 2 3 4 5 6 7 a 9 10 u 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 YC:CF AMENDMENT NO. 3 TO COOPERATIVE AGREEMENT NO. C-95-985 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF NEWPORT BEACH (1 r,yTHIS AMENDMENT NO. 3 is made and entered into this 10 day of \leY ^^ • 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 Newport Beach, a municipal corporation (hereinafter referred to as "AGENCY"). WITNESSETH: WHEREAS, by Agreement No. C-95-985 dated May 24, 1995, as last changed by Amendment No. 2 dated April 20, 2000, 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, 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. "Combined Transportation Funding Programs (CTFP) Allocations", to delete the Exhibit in its entirety and in lieu thereof insert the revised "Combined Transportation Funding Programs (CTFP) Allocations", dated July 11, 2000, included in this Amendment as Attachment No. 1 which is incorporated into and made a part of the Agreement. Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 YC CF 0 • AMENDMENT NO.3 TO AGREEMENT NO. C-95-985 The balance of Agreement No. C-95-985 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. 3 to Agreement No. C-95-985 to be executed on the effective date first above written. CITY OF NEWPORT BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY m By Neve Wylie Interim Chief Eec tive Officer - OVED AS TO FORM: Mayor Attest: �J By City Clerk By Kennard R. Smart, Jr. General Counsel Page 2 of 2 0 0 . . m ^ � o n e m m o w m �o �p 0 o m m m m m o o Z \ I ` z z z z z z z z z z z z z z z z z z z z m T O m m m m m m m m m m m m m m m *A O O O O O O O O 0 0 Om 2 2 x 2 x x x x x x x 2 x 2 x p, i 9 = 9 U 3 m 2 V LCD o CL p N fD yV m W W W N N v N N N m O 10 (D A $� 3 y 3 vu`aw` 3m` D2. o Sm a '� 5$ D D g S c, g° g a S O bT N. a fA O J b S b S 10 m 1p d $ 3 3 } n < < F 4' N ry' tii °c m�. =ma wSI ``�JJ o'$ om o'� xm 3 m 3l 3m m a �o ,V,NomomoSsnJ_aJm'� 'zHAjm>j>; c y v m T a ,� = ayayay n nnn T T T g 3 w O '0 3 m^ _n �v �3 �3 3 �" o o o 0 a n 'm p 3 S a o o m a w v g v d on d n n o 0 3 D D"n n m L, gm m 3 S w m 3 o pp< $ v^ m m m ~S 21 �_ m m m o g n O law w ^' n m p p $ $ m m m o m m ^ a n v o D D o- o. o 0 6 5 o a ° S w o N N N =N S < < ? J N 3 `< ° 0 0 n m n n n n A n m T A n n m A 0 n n N '� N a = v v = '_ '_ v v v m = v v m i = to 1 c O m (Q e 41 u � N m 0 N b { V � T O N D m T � m � V e O o O O m 7 e y V 1 < 0 CD 3 T T uNi V O W N b V b m + T n W + m o m N N W m N m p O m V O y O O r O O m W N O m p O p O + O O °mj O N V T O O W p m w V N D m � � m � + A ° T b � c N � G b W � m N T o D o m m � a � m m = V O w 0 V O m • T 0 m 0 m T � o � e D o n 2 3 K 2 v � O P4 1 AMENDMENT NO.2 TO 2 COOPERATIVE AGREEMENT NO. C-95-985 3 BETWEEN 4 ORANGE COUNTY TRANSPORTATION AUTHORITY s AND 6 CITY OF NEWPORT BEACH 7 THIS AGREEMENT is made and entered into this _day of 8 2000, 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 Newport Beach, a municipal 10 corporation (hereinafter referred to as "AGENCY"). 11 WITNESSETH: 12 WHEREAS, by Agreement No. C-95-985 dated May 24, 1995, as changed by Amendment 13 No. 1 dated September 21, 1999, AUTHORITY and AGENCY entered into an Agreement which 14 determined that AGENCY was eligible to receive funding under the Combined Transportation Funding 1s Programs (CTFP) as specified in the CTFP Manual and also the Bicycle and Pedestrian Facilities 16 Program; and 17 WHEREAS, periodic scheduled reviews approved by AUTHORITY and AGENCY may be 18 updated as required; and 19 WHEREAS, both parties have agreed to amend the list of projects set forth in Exhibit A; 20 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and AGENCY as 21 follows: 22 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 24 Programs (CTFP) Allocations", dated January 27, 2000" included in this Amendment as Attachment 25 No. 1 which is incorporated into and made a part of the Agreement. 26 1 RCLE rAUW0RDPR0C1AGREE"ENMAM26M.D0C Page 1 of 2 1 2 3 a 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 is • AMENDMENT NO.2 TO AGREEMENT NO. C-95-985 The balance of Agreement No. C-95-985 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 Agreement No. C-95-985 to be executed on the effective date first above written. CITY OF NEWPORT BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY 2 a APPROVEDAS TO FORM: By i ey Attest: 0 - Procurement APPROVED AS TO -FORM: By 4 Ke arc R. Smart, Jr. General Counsel Page 2 of 2 W C L I O U H Q t` L L 2 E L a m a 'r o � L b yE L P L e L L N ; L d O CL L c m "c a O LL O w W 0 O � Q LL F v � N � E E s" o i d E C p e g C U 6 LL 0 r 0 CL N C F d C a E EY 0 C.) 8 A R 8 B A 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C-95-985 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF NEWPORT BEACH THIS AGREEMENT is made and entered into this .� day of S' L�'� , 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 Newport Beach a municipal corporation (hereinafter referred to as "AGENCY"). WITNESSETH: WHEREAS, by Agreement No. C-95-985 dated May 24, 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; NOW, 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 5995.DOC Page 1 of 3 • • AMENDMENT NO. 1 TO AGREEMENT NO. C-95-985 1 negligent acts, omission or willful misconduct by AGENCY, its officers, directors, employees, 2 agents, subconsultants or suppliers in connection with or arising out of the use of funds per 3 project purposes. 4 AUTHORITY shall indemnify, defend and hold harmless AGENCY, its officers, 5 directors, employee and agents from and against any negligent acts or willful misconduct in 6 regards to the allocation of CTFP funds determined and administered by AUTHORITY. 7 7. AUTHORITY requires written notification at the time when right of way is 8 declared excess to the transportation improvement, and prior to the disposal process. 9 Resolution of any issues regarding whether or not a right of way is excess to the transportation 10 improvement will be by the mutual agreement of AUTHORITY and AGENCY. Excess land 11 acquired with CTFP funds shall be sold by AGENCY in accordance with Government Code, 12 Article 8, Surplus Land, Section 54220-54232, et.seg., and proceeds from the sale shall be 13 returned immediately to AUTHORITY in the same proportion as acquired. 14 / 15 / 16 / 17 / 18 / 19 / 20 / 21 / 22 / 23 / 24 / 25 / 26 / :OF XT03 AMMDATA\CAMM\CLERICAL\WORDPROCIAGREEWd1END\A6115985.DOC Page 2 of 3 1 2 3 4' 5 6 8 9 10 11 12 13 14 15 16 rr 18 19 20 21 22 23 24 25 26 VC:$A:CF I 0 • AMENDMENT NO. 1 TO AGREEMENT NO. C-95-985 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-95-985 to be executed on the effective date first above written. CITY OF NEWPORT BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY a By Corey Creas'xx SectionJY]aoagl r -Procurement _ r By APPROVED AS TO -FORM: Mayor APPROVED AST F By t - Kennard R. Smart, Jr. General Counsel By Attest: 7 e/ ( By City Clerk Page 3 of 3 ' 1 COOPERATIVE AGREEMENT NO. C-95-985 2 BETWEEN 3 ORANGE COUNTY TRANSPORTATION AUTHORITY 4 AND 5 CITY OF NEWPORT BEACH 6 THIS AGREEMENT is made and entered into the day of 7 1995 by and between the Orange County Transportation Authority, 550 S. MainStreet, P.O..O 8 Box 14184, Orange, California 92613-1584, a public corporation of the State of California 9 (herein after referred to as "AUTHORITY"), and City of Newport Beach, 3300 Newport Blvd., 10 P.O. Box 1768, Newport Beach, California 92658-8915 (hereinafter referred to as 11 "AGENCY"). 12 WITNESSETH: 13 WHEREAS, AUTHORITY has determined that AGENCY has met the requirements of 14 and is eligible under the Combined Transportation Funding Programs (CTFP) as specified 15 in the CTFP Manual and has approved AGENCY's project(s) specified in Exhibit A or the 16 most recent amendment thereto (hereinafter referred to as "PROJECT(s)") to receive funding 17 under the CTFP; and 18 WHEREAS, AUTHORITY has also approved AGENCY's project(s) specified in Exhibit 19 B or the most recent amendment thereto (hereinafter referred to as "PROJECT(s)") to 20 receive funding under the Bicycle and Pedestrian Facilities Program; 21 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and 22 AGENCY as follows: 23 1. AGENCY shall implement and complete PROJECT(s) funded under this 24 Agreement in accordance with the CTFP Manual, Bicycle and Pedestrian Facilities Manual, 25 and the AGENCYs PROJECT(s) application submitted to AUTHORITY and in accordance 26 with Exhibit A, "CTFP Program," Exhibit B, "Bicycle and Pedestrian Facilities Program," which 27 are attached to and, by this reference, incorporated in and made a part of this Agreement. 28 Page 1 of 3 I AGREEMENT NO. C-95-985 2 3 2. For AGENCY's full and complete performance in delivering PROJECT(s) under 4 this Agreement, AUTHORITY shall pay AGENCY in accordance with the project budget, 5 specified in Exhibit A or B of this Agreement, and the policies and procedures contained 6 in the CTFP and Bicycle and Pedestrian Facilities Manuals. 7 3. CTFP or Bicycle and Pedestrian Facilities funds expended by AGENCY on 8 activities other than those approved by the Authority's Board of Directors, which are 9 specified in Exhibit A and B, shall be returned to AUTHORITY within 30 days of 10 AUTHORITY's written order. 11 4. If AGENCY fails to implement and/or complete any PROJECT(s) in accordance 12 with article 1. of this Agreement and specifically in accordance with the approved project 13 description (i.e., all PROJECT(s) phases and activities must be completed by PROJECT(s) 14 close-out), unless otherwise agreed in writing by both AUTHORITY and AGENCY, the full 15 amount of funding programmed by AUTHORITY for such projects shall be returned to 16 AUTHORITY within 30 days of AUTHORITY's written order. AUTHORITY shall have sole 17 discretion in determining whether PROJECT(s) has been completed satisfactorily. 18 5. Upon close-out of each PROJECT(s) under this Agreement and before final 19 payment is processed, AUTHORITY, or other agents of AUTHORITY, may perform an audit 20 to ensure that CTFP policies and procedures were followed. Such audit shall be performed 21 within 90 days of AUTHORITY receiving the final report for each PROJECT(s). If the audit 22 determines that any of the activities performed are ineligible for CTFP funding, AGENCY 23 shall return the amount of funding used to perform ineligible activity to AUTHORITY. 24 This Agreement shall be made effective upon execution by both parties and shall 25 remain in effect until both parties agree to amend or terminate it. Amendments to Exhibit 26 A and Exhibit B will be made on a periodic basis and attached hereto by reference. 27 28 Page 2 of 3 1 2 3 4 51 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 AGREEMENT NO. C-95-985 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-95- 985 to be executed on the date first above written. AGENCY ORANGE COUNTYTRANSPORTATION AUTHORITY By , c- _J By John Hedges, Mayor Stan ultelie City of Newport Beach Chief Executive Officer ATTEST:/ '. PROVED AS TO FORM: By. L G c: G By Wanda E. Raggio, City Myrk Kennard R. bmart, ju City of Newport Beach General Council AFRa,OVEPIAS TO 0 Page 3 of 3 A � I k ( §2 § E A >- k § E E It &»��»t #���COME o cr « §§&�,® „ �`� 'a E � ow 7 2 o {TTI �B| aJ1r -;� k3)/$ld�d LU a aa,o�©©© 333 §f m « IL t5 §�- e■■�..|�,` . ,,,,�■|III woo§q �mmco )>>> ,aa000 )ti2t�f 2� � !k!%!o & &wA9wmmm, 01;0 tMtv�vvr � coo . zzz z zzzz z A � I 0 z \ RLLJ Ek\k)k b \ uie\§�8 §§\BBk o■»-®� I 2 w\_ co zz<`es y•__ =)D o o LLo-e-- ��� �\§§� \� Ad 41 \�CLa CL \2§R Kc� g�If �§22 o >kk $kme 0