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COOPERATIVE AGREEMENT NO. C-95-990
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SANTA ANA
THIS AGREEMENT is made and entered into the /~
dayof /~,.~5~_~ .f'- ,
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 Santa Ana, 20 Civic Center PI., P.O.
Box 1988 M30, Santa Ana, California 92702 (hereinafter referred to as "AGENCY").
WlTNESSETH:
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-95-990
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-sete-
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-95-990
IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-95-
990 to be eXecuted on the date first above written.
--.-~/. / · ' Start Oftelie
M/~g~eZ A. Pulldo, ~.ayor ..........
~ L;nlel' b. xecuuve umoer
A~-FES~'~9 i - -
/~ Ja~e C. Guy( /
~v ' Clerk of the ~our~il
APPROVED AS TO FORM:
A~RM:~
Kennard R. Smart, Jr./' /
General Council ~
City ~nager
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