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HomeMy WebLinkAboutORANGE COUNTY TRANSPORTATION AUTHORITY (6)1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 IGq 20 21 22 23 24 25 26 A-2018-288 Ketum UM -ANAL DEC 17 2016 Executed Copyto COTC (A4 -30/T11) -- COOPERATIVE AGREEMENT NO. C-8-1797 BETWEEN AND CITIES OF GARDEN GROVE, ORANGE, SANTA ANA, AND WESTMINSTER GARDEN GROVE BOULEVARD REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM THIS COOPERATIVE AGREEMENT (Agreement), is effective this 3jol day of JAXlgA42Y , 2019 , by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange California 92863-1584, a public corporation of the State of California (herein referred to as "AUTHORITY") and the cities of Garden Grove, Orange, Santa Ana and Westminster (hereinafter referred to as "PARTICIPATING AGENCIES") each individually known as "Party" and collectively known as the "Parties". RECITALS: WHEREAS, the AUTHORITY in cooperation with the PARTICIPATING AGENCIES is working together in coordinating traffic signals across multiple jurisdictional boundaries as a part of the Renewed Measure M (M2) Regional Traffic Signal Synchronization Program (RTSSP or Project P) to enhance countywide traffic flow and reduce congestion; and WHEREAS, the AUTHORITY has completed the competitive 2018 Call for Projects (hereinafter, "2018 CALL") in support of Project P and awarded Project P funds based on the application (hereinafter, "APPLICATION") prepared by the City of Garden Grove (hereinafter referred to as the "APPLICANT AGENCY") for implementation of signal synchronization of traffic signals along Garden Grove Boulevard between the intersections of Valley View Street located in the City of Garden Grove and Memory Lane/Bristol Street located in the City of Santa Ana (hereinafter, 'PROJECT'); and I L:\Camm\CLERICAL\VVORDPROC\AGREE\AG81797.doox Page 1 of 17 COOPERATIVE AGREEMENT NO. C-8-1797 GARDEN GROVE BOULEVARD — RTSSP 1 WHEREAS, the PARTICIPATING AGENCIES in their approved APPLICATION have elected to 2 designate the AUTHORITY and the AUTHORITY agrees to act as the implementing agency to carry out 3 PROJECT; and 4 WHEREAS, the PROJECT will include approximately thirty-four (34) traffic signalized 5 intersections as identified in the APPLICATION; and 6 WHEREAS, the PROJECT will include Intelligent Transportation System (ITS) elements 7 identified in the APPLICATION including certain hardware and software upgrades to intersection and 8 central control systems including Advanced Transportation Controller units (ATC), telematics and 9 interconnect systems, Advanced Transportation Management Systems (ATMS), Roadside Units 10 (RSU), and other associated systems (hereinafter collectively referred to as "ITS ELEMENTS"), will 11 be constructed and/or installed and implemented as part of the PROJECT as identified in the 12 APPLICATION; and 13 WHEREAS, the AUTHORITY agrees to work with PARTICIPATING AGENCIES to coordinate 14 the inclusion of other ITS elements (hereinafter OTHER ELEMENTS) that should be installed at the 15 same time as the construction of the PROJECT and are not part of this Agreement; and 16 WHEREAS, all costs associated with the inclusion of these OTHER ELEMENTS, if any, are 17 the sole responsibility of the AGENCY owning each and any of those OTHER ELEMENTS during the 18 course of the project; and 19 WHEREAS, AUTHORITY and each respective Party acknowledge and understand that 20 in-house resources (staff) from Party will provide various services for PROJECT, and 21 WHEREAS, AUTHORITY and each respective Party acknowledge and understand that 22 PROJECT costs for various types of additional work required by each respective Party, by its staff, or 23 by policy, may not have been included in the original application and therefore costs to contractors or 24 consultants to comply with staff requirements are not included in the PROJECT allocation; and 25 WHEREAS, AUTHORITY and Parties agree that these costs will be paid by PROJECT; and 26 / Page 2 of 17 L:\CammiCLERi CALIWORDPROCIAGREE\AG8179Zdcx COOPERATIVE AGREEMENT NO. C-8-1797 GARDEN GROVE BOULEVARD — RTSSP 1 WHEREAS, Parties and each respective Party acknowledge and understand that the costs for 2 the additional work may be reversed by AUTHORITY's Audit; and 3 WHEREAS, based on AUTHORITY's Board of Directors approved PROJECT ALLOCATION and 4 APPLICATION, the AUTHORITY agrees to implement the PROJECT; and 5 WHEREAS, the PARTICIPATING AGENCIES per the M2 Ordinance, agree to provide 6 PROJECT funding in a combined cash and in-kind services match of Five Hundred Twenty Nine 7 Thousand One Hundred Sixty Seven Dollars and Fifty Five cents ($529,167.55), as shown in Attachment 8 A, or equivalent to at least twenty percent (20%) of PROJECT cost; and 9 WHEREAS, the AUTHORITY and the PARTICIPATING AGENCIES desire to enter into this 10 Agreement to implement the PROJECT in support of Project P; and 11 WHEREAS, this Agreement defines the specific terms, conditions, and funding responsibilities 12 between the AUTHORITY and the PARTICIPATING AGENCIES for the implementation of the 13 PROJECT; and 14 WHEREAS, the AUTHORITY's Board of Directors authorized funding for the PROJECT on 15 June 11, 2018; and 16 WHEREAS, the AUTHORITY's Board of Directors authorized this cooperative agreement on 17 September 10 2018, 18 WHEREAS, the City of Garden Grove's City Council approved this Agreement on the 2?Y day 19 of oc root Iz , 20 IS . 20 WHEREAS, the City of Orange's City Council approved this Agreement on the t day 21 of NoV ME( 12 20 I $ 22 WHEREAS, the City of Santa Ana's City Council approved this Agreement on they day 23 of MoJEMB&IZ 20 I$ 24 WHEREAS, the City of Westminster's City Council approved this Agreement on the 10h- day 25 of trUf�t t' 20 13 26 1 Page 3 of 17 L\Camm\CLERICALMORDPROCAGREE AG81797.docx COOPERATIVE AGREEMENT NO. C-8-1797 GARDEN GROVE BOULEVARD — RTSSP 1 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and the PARTICIPATING 2 AGENCIES as follows: 3 ARTICLE 1. COMPLETE AGREEMENT 4 A. This Agreement, including any attachments incorporated herein and made applicable by 5 reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this 6 Agreement between AUTHORITY and PARTICIPATING AGENCIES and it supersedes all prior 7 representations, understandings, and communications. The invalidity in whole or in part of any term or 8 condition of this Agreement shall not affect the validity of other term(s) or conditions(s) of this Agreement. 9 The above referenced Recitals are true and correct and are incorporated by reference herein. 10 B. AUTHORITY's failure to insist on any instance(s) of PARTICIPATING AGENCIES' 11 performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or 12 relinquishment of AUTHORITY's right to such performance or to future performance of such term(s) or 13 condition(s), and PARTICIPATING AGENCIES' obligation in respect thereto shall continue in full force 14 and effect. Changes to any portion of this Agreement shall not be binding upon AUTHORITY except when 15 specifically confirmed in writing by an authorized representative of AUTHORITY by way of a written 16 amendment to this Agreement and issued in accordance with the provisions of this Agreement. 17 C. PARTICIPATING AGENCIES' failure to insist on any instance(s) of AUTHORITY's 18 performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or 19 relinquishment of PARTICIPATING AGENCIES' right to such performance or to future performance of 20 such term(s) or condition(s), and AUTHORITY's obligation in respect thereto shall continue in full force 21 and effect. Changes to any portion of this Agreement shall not be binding upon PARTICIPATING 22 AGENCIES except when specifically confirmed in writing by an authorized representative of 23 PARTICIPATING AGENCIES by way of a written amendment to this Agreement and issued in 24 accordance with the provisions of this Agreement. 25 1 26 t Page 4 of 17 L: \Camm\CLERICAL\W ORDPROCAGRE EAG81 797, docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 9i7 21 22 23 24 25 iKa COOPERATIVE AGREEMENT NO. C-8-1797 GARDEN GROVE BOULEVARD — RTSSP ARTICLE 2. SCOPE OF AGREEMENT This Agreement specifies the roles and responsibilities of the Parties as they pertain to the subjects and projects addressed herein. Both AUTHORITY and PARTICIPATING AGENCIES agree that each will cooperate and coordinate with the other in all activities covered by this Agreement and any other supplemental agreements that may be required to facilitate purposes thereof. AUTHORITY agrees to the following responsibilities for funding of the PROJECT: A. AUTHORITY shall implement the PROJECT based on the intent of the usage in the APPLICATION prepared by the APPLICANT AGENCY in accordance with the policies and procedures contained in the Comprehensive Transportation Funding Program (CTFP) guidelines. B. AUTHORITY shall provide oversight to maintain inter -jurisdictional traffic signal operational integrity between PROJECT and other similar type projects not older than three (3) years. C. AUTHORITY will act as the LEAD AGENCY and provide and file all documentation necessary to comply with California Environmental Quality Act (CEQA) regulations for PROJECT. D. AUTHORITY shall perform web -based public outreach activities for the project to communicate major project milestones and results. E. AUTHORITY shall provide formats, templates, and guidance in reporting requirements as described in CTFP. F. AUTHORITY, or agents of AUTHORITY, under this Agreement and upon closeout of PROJECT, may perform a technical and/or field review to ensure that the CTFP guidelines, policies, and procedures were followed. Such a review may be performed one hundred and eighty (180) days after the PROJECT three-year grant period is complete. If the technical and or field review determines that any of the activities performed are ineligible for CTFP funding, PARTICIPATING AGENCIES must reimburse and return the amount of funding used to perform the ineligible activity to AUTHORITY. 1 L:\Camm\CLERICAL\wORDPROC\HGREE WG81797.docx Page 5 of 17 COOPERATIVE AGREEMENT NO. C-8-1797 GARDEN GROVE BOULEVARD — RTSSP 1 G. AUTHORITY shall invoice the PARTICIPATING AGENCIES as identified in 2 APPLICATION and Attachment A for the dollar cash match at the end of the Primary Implementation 3 phase or at a mutually agreed upon time to facilitate any respective AGENCY funding timeframes. 4 H. AUTHORITY shall request updates for the PROJECT as part of semi-annual review 5 process, including documentation of in-kind match conforming to Attachment A and will include the 6 PROJECT in the list of active projects in OC Fund Tracker until completion of the three-year grant period. 7 Documents to be provided include, but are not limited to, payroll records, contracts, and purchase orders. 8 ARTICLE 4. RESPONSIBILITIES OF THE AUTHORITY AS PROJECT LEAD AGENCY 9 The AUTHORITY as the LEAD AGENCY agrees to the following responsibilities for the 10 implementation of the PROJECT: 11 A. AUTHORITY shall act as the LEAD AGENCY for the work necessary to manage, procure, 12 and complete the PROJECT as identified in APPLICATION. 13 B. To coordinate outreach with PARTICIPATING AGENCIES for PROJECT. 14 C. To collect all data necessary to provide new optimized timing plans including, but not 15 limited to, manual or video all movement counts at each PROJECT signalized intersection, and a mutually 16 agreed upon number and location of twenty-four (24) hour 1 seven (7) day automated machine traffic 17 counts with vehicle classification. 18 D. To develop and implement new timing plans optimized for signal synchronization. 19 E. To provide updated timing plans for all control systems and all relevant data used to 20 develop said plans to PARTICIPATING AGENCIES. 21 F. To prepare a "Before and After Study" for PROJECT as described in the Measure M2 22 Eligibility Guidelines adopted by the AUTHORITY. The "Before and After Study" for the project is 23 considered the equivalent of the required Project Final Report (Measure M2 Ordinance No. 3, Section 24 B.111.9) for PROJECT. The AUTHORITY shall provide the `Before and After Study" to the 25 PARTICIPATING AGENCIES in draft and final formats for review and comment. 26 AGENCY comments shall be noted in the final study. If specified in APPLICATION, AUTHORITY shall Page 6 of 17 L\Camm\CLERICAL\wORDPROCW GREE WG81797.docx COOPERATIVE AGREEMENT NO. C-8-1797 GARDEN GROVE BOULEVARD — RTSSP 1 provide a "Before and After Study" video of a representative portion of PROJECT at up to two (2) public 2 meetings, 3 ARTICLE 5. RESPONSIBILITIES OF THE PARTICIPATING AGENCIES 4 PARTICIPATING AGENCIES agree to the following responsibilities for implementation and 5 funding of PROJECT: 6 A. Provide a technical representative to meet and participate as a member of the 7 PROJECT's Traffic Forum, 8 B. To authorize the AUTHORITY to manage, procure, and implement all aspects of 9 PROJECT. 10 C. To participate and support PROJECT implementation within the timeframe outlined in 11 APPLICATION and consistent with the CTFP Guidelines adopted by AUTHORITY, 12 D. To provide AUTHORITY all current intersection as-built drawings, all current 13 intersections controller assembly plans as provided by the manufacturer and modified by Party since 14 original installation, local field master, local controller, and ATIMS timing plans and other ITS related 15 data upon request. 16 E. To provide the local cash match and/or documentation for the in-kind services match 17 for PROJECT in accordance with Attachment A. Failure to provide local cash match and or evidence 18 of in-kind services match may result in the loss of future participation for competitive funding 19 opportunities. 20 F. PARTICIPATING AGENCIES that have included a dollar match as identified in 21 Attachment A shall provide payment for the dollar match to AUTHORITY within thirty (30) calendar 22 days of receipt of an invoice. 23 G. PARTICIPATING AGENCIES that have included an in-kind services match as identified 24 in Attachment A shall provide documentation of conformance as part of the semi-annual review process. 25 H. To waive all fees associated with any local agency permits that may be required of the 26 consultant, sub consultants, and/or service or equipment providers in the performance of the PROJECT. Page 7 of 17 L:\Camm\CLERICAL\WORDPRDC\AGREE\AG81797.docx COOPERATIVE AGREEMENT NO. C-8-1797 GARDEN GROVE BOULEVARD — RTSSP 1 I. PARTICIPATING AGENCIES shall provide updates on PROJECT to AUTHORITY as 2 part of semi-annual review process until completion of the three-year PROJECT grant period. Documents 3 to be provided include, but are not limited to, payroll records, contracts, and purchase orders. 4 J. PARTICIPATING AGENCIES shall, if specified in APPLICATION, continue Ongoing 5 Operations and Maintenance after the three-year grant period is complete and continue until the end of 6 the PROJECT per additional maintenance of effort in APPLICATION. 7 K. The project is partially funded by Senate Bill 1 (SB-1) and PARTICIPATING AGENCIES 8 agree to comply with all applicable SBA Accountability Guidelines, Local Partnership Program and State 9 requirements. 10 ARTICLE 6. DELEGATED AUTHORITY 11 The actions required to be taken by PARTICIPATING AGENCIES in the implementation of this 12 Agreement are delegated to their respective City Manager, or designee, and the actions required to be 13 taken by AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief 14 Executive Officer or designee. 15 ARTICLE 7. AUDIT AND INSPECTION 16 AUTHORITY and PARTICIPATING AGENCIES shall maintain a complete set of records in 17 accordance with generally accepted accounting principles. Upon reasonable notice, PARTICIPATING 18 AGENCIES shall pen-nit the authorized representatives of AUTHORITY to inspect and audit all work, 19 materials, payroll, books, accounts, and other data and records of PARTICIPATING AGENCIES for a 20 period of five (5) years after final payment, final closeout, or until any on-going audit is completed, 21 whichever is later. For purposes of audit, the date of completion of this Agreement shall be the date of 22 AUTHORITY's payment of consultant's final billing (so noted on the paid invoice) under this Agreement. 23 AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above 24 provision with respect to audits shall extend to and/or be included in contracts with PARTICIPATING 25 AGENCIES' contractor. 26 Page 8 of 17 L:\Camm\CLERICAL\VVORDPROCV\GREE\AG81797.docx COOPERATIVE AGREEMENT NO, C-8-1787 GARDEN GROVE BOULEVARD — RTSSP 1 ARTICLE 8. INDEMNIFICATION 2 A. To the fullest extent permitted by law, PARTICIPATING AGENCIES shall defend 3 (at PARTICIPATING AGENCIES' sole cost and expense with legal counsel reasonably acceptable to 4 AUTHORITY), indemnify, protect, and hold harmless AUTHORITY, and its officers, directors, employees, 5 and agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, 6 claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, 7 penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not 8 limited to Claims arising from injuries to or death of persons (PARTICIPATING AGENCIES' employees 9 included), for damage to property, including property owned by AUTHORITY, or from any violation of any 10 federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful 11 misconduct of PARTICIPATING AGENCIES, its officers, directors, employees or agents in connection 12 with or arising out of the performance of this Agreement. 13 B. To the fullest extent permitted by law, AUTHORITY shall defend (at AUTHORITY's sole 14 cost and expense with legal counsel reasonably acceptable to PARTICIPATING AGENCIES), indemnify, 15 protect, and hold harmless PARTICIPATING AGENCIES, including their officers, directors, employees, 16 and agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, 17 claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, 18 penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not 19 limited to Claims arising from injuries to or death of persons (AUTHORITY's employees included), for 20 damage to property, including property owned by PARTICIPATING AGENCIES, or from any violation of 21 any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or 22 willful misconduct of AUTHORITY, its officers, directors, employees or agents in connection with or arising 23 out of the performance of this Agreement. 24 C. The indemnification and defense obligations of this Agreement shall survive its expiration 25 or termination. 26 1 Page 9 of 17 L:\Camm\CLERICALtWORDPROC\AGREEWG81797.docx COOPERATIVE AGREEMENT NO. C-8-1797 GARDEN GROVE BOULEVARD — RTSSP 1 ARTICLE 9. ADDITIONAL PROVISIONS 2 A. Term of Agreement: This Agreement shall be in full force and effect through 3 December 31, 2021 4 B. Amendment: This Agreement may be extended or amended in writing at any time by the 5 mutual consent of all Parties and AUTHORITY. No amendment shall have any force or effect unless 6 executed in writing by all Parties and AUTHORITY. 7 C. Termination: In the event any Party defaults in the performance of their respective 8 obligations under this Agreement or breaches any of the provisions of this Agreement, a non-defaulting 9 Party(s) shall have the option to terminate this Agreement upon thirty (30) calendar days prior written 10 notice to the Party in default. 11 D. Termination for Convenience: Either Party may terminate this Agreement for its 12 convenience by providing thirty (30) calendar days prior written notice of its intent to terminate for 13 convenience to the other Party. 14 E. AUTHORITY and PARTICIPATING AGENCIES shall comply with all applicable federal, 15 state, and kcal laws, statues, ordinances and regulations of any governmental authority having 16 jurisdiction over the PROJECT. 17 F. Legal Authority: AUTHORITY and PARTICIPATING AGENCIES hereto consent that they 18 are authorized to execute this Agreement on behalf of said Parties and that, by so executing this 19 Agreement, the Parties hereto are formally bound to the provisions of this Agreement. 20 G. Severability: if any term, provision, covenant or condition of this Agreement is held to be 21 invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the 22 remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or 23 condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 24 H. Counterparts of Agreement: This Agreement may be executed and delivered in any 25 number of counterparts, each of which, when executed and delivered shall be deemed an original and all 26 of which together shall constitute the same agreement. Facsimile signatures shall be permitted. Page 10 of 17 L:\Carnm\CLERICAL\WORDPROCAGREE\AG81797.docx COOPERATIVE AGREEMENT NO. C-8-1797 GARDEN GROVE BOULEVARD — RTSSP 1 I. Assignment: Neither this Agreement, nor any of the Parties' rights, obligations, duties, or 2 authority hereunder may be assigned in whole or in part by either Party without the prior written consent 3 of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed 4 void and of no force and effect. Consent to one assignment shall be deemed consent to any subsequent 5 assignment, nor the waiver of any right to consent to such subsequent assignment. 6 J. Governing Law: The laws of the State of California and applicable local and federal laws, 7 regulations and guidelines shall govern this Agreement. 8 K. Litigation fees: Should litigation arise out of this Agreement for the performance thereof, 9 the court shall award costs and expenses, including attorney's fees, to the prevailing Party. 10 L. Notices: Any notices, requests, or demands made between the Parties pursuant to this 11 Agreement are to be directed as follows: 12 / 13 / 14 t 15 16 / 17 I 18 19 / 20 / 21 22 / 23 / 24 i 25 / 26 Page 11 of 17 L \Camm\C LERICAL\wOR DP ROC W GREE\AG81797.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-8-1797 GARDEN GROVE BOULEVARD — RTSSP To GARDEN GROVE: To AUTHORITY: City of Garden Grove Orange County Transportation Authority 11222 Acacia Parkway 550 South Main Street Garden Grove, CA 92842 P. O. Box 14184 Orange, CA 92863-1584 Attention: Dai Vu Attention: Michael Le Traffic Engineer Contract Administrator Tel: (714) 741-5189 Tel: (714) 560-5314 Email: daiWC garden-grove.org E-mail: m1e1octa.net To ORANGE: To WESTMINSTER: City of Orange City of Westminster 300 E. Chapman Avenue 8200 Westminster Boulevard Orange, CA 92868 Westminster, CA 92683 Attention: Kathy Nguyen Attention: Adolfo Ozaeta Senior Civil Engineer Traffic Engineer Tel: (714) 744-5528 Tel: (714) 548-3462 Email: knguven@cityoforan_ge.ora Email: aozaetaCa2ci.westminster.ca.us To SANTA ANA: City of Santa Ana 20 Civic Center Plaza, M-43 Santa Ana, CA 92702 Attention: Cesar Rodriguez Acting Senior Civil Engineer Tel: (714) 647-5626 Email: Crodriguez{c7santa-ana.arp L:\Carrrr\CLERtCALiWORDPROC\AGREE\AG81797.docx Page 12 of 17 COOPERATIVE AGREEMENT NO. C-8-1797 GARDEN GROVE BOULEVARD — RTSSP 1 M. Force Majeure: Either Party shall be excused from performing its obligations under this 2 Agreement during the time and to the extent that it is prevented from performing by an unforeseeable 3 cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God; 4 commandeering of material, products, plants orfacilities by the federal, state or local government; national 5 fuel shortage; or a material act or omission by the other Party, when satisfactory evidence of such cause 6 is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond 7 the control and is not due to the fault or negligence of the Party not performing. 8 1 9 / 10 / 11 1 12 13 / 14 t 15 ! 16 / 17 1 18 ! 19 / 20 1 21 22 / 23 / 24 25 / 26 / Page 13 of 17 L \Camm\CLERICAL\VVORDPROC\AGREE\AG81797.docx 1 2 3 4 L 7 8 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-8-1797 GARDEN GROVE BOULEVARD – RTSSP This Agreement shall be made effective upon execution by all Parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-8-1797 to be executed on the date first written above. CITY OF GARDEN GROVE ORANGE COUN SPORTATION AUTHORITY By: i/� By: Steve Jones Darrell E. John n Mayor_ _ _ _ Chief Executive Officer ATTEST: APPROVAL RECO M ENDED; By:-((,/,d—O T0MgA0 By: Teresa Pomeroy, CMC G' Kia Mortazavi City Clerk Executive Director, Planning L:\Camm\CLERICAL\wORDPROC\AGREE\AG81797.docx Dated: /'� -'A –7' /r Page 14 of 17 I COOPERATIVE AGREEMENT NO. C-8-1797 GARDEN GROVE BOULEVARD — RTSSP This Agreement shall be made effective upon execution by all Parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-8-1797 to be executed on the date first written -above. CITY OF ORANGE By T re a E. Smith ATTEST: By: &y E. ML6RY City Clerk By: Waynw-Wk Winthers City Attorney Dated: '/� "/9 - Page 15 of 17 L \CammkM.ERICAL\WORDPROC\AGREE\AGS1797.doex 1 2 3 M 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-8-1797 GARDEN GROVE BOULEVARD— RTSSP This Agreement shall be made effective upon execution by all Parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-8-1797 to be executed on the date first written above. CITY OF SANTA ANA By: Raul Godinez 11 City Manager ATTEST: 0 Maria D. Huizar Clerk of the Council APPROVED AS TO FORM By: °— S is R. Carvalho City Attorney Dated: L:\Camm\CLERICAL\WORDPROC\AGREE\AG81797. docx Page 16 of 17 1 2 3 4_' COOPERATIVE AGREEMENT NO. C-8-1797 GARDEN GROVE BOULEVARD — RTSSP This Agreement shall be made effective upon execution by all Parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-8-1797 to be executed on the date first written above. CITY OF WF_STMINSTFR 6 By:. Tri Ta Mayor _ _8 9 ATTEST: 10 11 By: 004 12 Christine Cordon City Clerk 13 14 APPROVE S TO FORM 15 (� By: 16 Ci Attorney 17 18 Dated: 1-067 6Lb 19 20 21 22 23 24 25 26 Page 17 of 17 L:\Camm\CLERICAL\WORDPROC\AGREE\AG81797.docx COOPERATIVE AGREEMENT NO. C-8.1797 GARDEN GROVE BOULEVARD - RTSSP ATTACHMENT A DETAILED LOCAL MATCH COMMITMENT SECTION 1: AGENCY TOTAL MATCH SUMMARY 'In-kind match may be converted to cash match if agency does not satisfy in -fond match commitment by the end of the respective phase. However, Cash Match is NOT allowed to be converted to in-kind match. SECTION 2: MATCH BREAKDOWN (CASH VS IN-KIND SERVICES) A. Cash Match AGENCY CASH MATCH IN-KIND MATCH* TOTAL MATCH Measure M - Ongoing City of Orange Ongoing Ongoing City of Santa Ana Primary Monitoring Primary Monitoring Primary Monitoring $ 61,875.00 Implementation & Implementation & Implementation & AGENCY Maintenance Maintenance Maintenance City of _ $438,392 * 50 $ 16,560.00 $ 438,392.50 $ 16,560.00 Garden$ 0 Grove $ 454,952.50 $ 454,952.50 City of $ 6, 200.05 $ 720.00 $ 6, 200.05 $ 720.00 Orange $ 6,920.05 $ 0 $ 6,920.05 City of 00$ 720.00 $ 4,700.00 $ 720.00 Santa Ana __L4,700 $ 5,420.00 $ 0 $ 5,420.00 City of $55,395. 00 $ 6,480.00 $ 55,395.00 $ 6,480.00 Westminster $ 61,875.00 $ 0 $ 61,875.00 $504,68 7.5 $ 24,_0 � $ 24,480.00 TOTAL $ 529,167.55 $ 0 $ 529,167.55 'In-kind match may be converted to cash match if agency does not satisfy in -fond match commitment by the end of the respective phase. However, Cash Match is NOT allowed to be converted to in-kind match. SECTION 2: MATCH BREAKDOWN (CASH VS IN-KIND SERVICES) A. Cash Match AGENCY FUNDING SOURCE AMOUNT OF CASH CONTRIBUTION City of Garden Grove Measure M $ 454,952.50 City of Orange Other $ 6,920.05 City of Santa Ana M2 Fairshare $ 5,420.00 City of Westminster Other $ 61,875.00 TOTAL $ 529,167.55 Page A - 1 COOPERATIVE AGREEMENT NO. C-8-1797 GARDEN GROVE BOULEVARD - RTSSP ATTACHMENT A B. In -Kind Services Specific Improvements (List items and Cost): Date of Agency Improvement Construction Expenditure N/A TOTAL $ 0 Staffin Commitment: TYPE OF SERVICE NO. OF FULLY AGENCY STAFF POSITION TO PROJECT HOURS BURDENED TOTAL" HOURLY RATE N/A Total: $ 0 TOTAL IN-KIND MATCH"*: I $ 0 "Total amount is the required participation by the identified agency. The number of hours and hourly rate will be based on each agency's actual fully burdened billing rates, which most collectively equal the some value of the assigned `Total" dollars. Each agency will be responsible for keeping detailed records of hours worked and description of work. An accounting record of personnel, hours at fullyburdened rate is expected to be included with the final submittal. Records will be subject to auditing. Page A-2