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HomeMy WebLinkAboutORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (C-95-990) (15TH)A-2007-275-02 AMENDMENT NO. 15 TO AGREEMENT NO. C-95-990 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SANTA ANA FOR COMBINED TRANSPORTATION FUNDING PROGRAMS PROJECT THIS AMENDMENT NO. 15 is effective this day of , 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 Santa Ana, a municipal corporation (hereinafter referred to as "AGENCY"). WITNESSETH: WHEREAS, by Agreement No. C-95-990 dated August 18, 1995, as I; st 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 Combined Transportation Funding Programs (CTFP) as specified in the CTFP Manual and also s''rycle 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-95-990 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 L.\CAMKCLERICA %WORDPROCI GREEWMENDWv11595990.DOC Page 1 of 2 AMENDMENT NO. 15TO AGREEMENT NO. C-95-990 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 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-95-990 remains unchanged. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No.15 to Agreement No. C-95-990 to be effective as of the date first above written. CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY By: Ll /�— By: Paul M. Walters City Manager ATTEST: By: /D • /�6i Maria D. Huizar City Clerk APPROVED AS TO FORM: By: Sonia R. Carvalho City Attorney Dated L \GAMMACLERICAL\WORDPROCIAGREEWMEND"1595990.DOC Meena Katakia Manager, Capital Projects APPROVED AS TO FORM: By: LzLl�=, ��� Kennard R. Smart, Jr. General Counsel Page 2 of 2 A-2007-275-02 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-95-990 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SANTA ANA FOR COMBINED TRANSPORTATION FUNDING PROGRAMS PROJECT THIS AMENDMENT NO. 15 is effective this _JZ,� day of D�cexnkleC 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 Santa Ana, a municipal corporation (hereinafter referred to as "AGENCY"). WITNESSETH: WHEREAS, by Agreement No. C-95-990 dated August 18, 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-95-990 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 C\CAMMICLERICAL\WORDPROC4AGREEIAMEND W M7 595990.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. 15 TO AGREEMENT NO. C-95-990 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-95-990 remains unchanged. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 15 to Agreement No. C-95-990 to be effective as of the date first above written. CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY By: J�By: Paul M. Walters Meenn <ie City Manager Manager, Capital Projects ATTEST: APPROVED AS TO FORM: Maria D. Huizar Kennard R. Smart, Jr. City Clerk General Counsel APPROVED AS TO FORM: By: Sonia R. Carvalho City Attorney Dated L:1CAMMCLERICAL\WOROPROCWGREEMEND"M1595M DOC Page 2 of 2