OCTA
AFFILIATED AGENCIES February 17, 2026
Orange County
Transit District
Local Transportation Christopher Cash
Authority Director of Public Works
Service Authority for City of Orange
Freeway Emergencies 300 East Chapman Avenue
Consolidated Orange, CA 92866
Transportation
Service Agency
Subject: Transmittal - Letter Agreement No. 26 to Agreement No. C-1-2777 - Congestion Management
Agency M2 Comprehensive Transportation Funding Programs Dear Mr. Cash:
Please see the attached Letter Agreement No. 26 and the referenced Master Funding Agreement (C-1-2777). The Letter Agreement incorporates an updated Attachment A (Project List) for City of Orange (City) projects funded through the Measure M2 Comprehensive Transportation Funding Programs (CTFP).
To ensure compliance with the Master Funding Agreement, please review Article 4 "Responsibilities of Agency", which outlines the City's obligations related to project implementation, reporting, and recordkeeping. The City's key responsibilities include:
Implementing and completing projects consistent with the CTFP Guidelines and M2 Eligibility Guidelines.
• Participating in Orange County Transportation Authority's (OCTA)'s semi-annual project review process to provide updates on scope, schedule, costs, and funding.
Maintaining financial and project records for a minimum of five (5) years following final payment.
Requests for reimbursement must include all supporting documentation and align with the approved project scope.
• Cooperating with OCTA audits and post-project compliance reviews.
If you have any questions, please contact Mason Dosher at (714) 560-5427.
Sincerely,
cose Laser
se vas 1, 2026 10:50.39 PD
Executive Director, Planning
RC:md
Attachments
Orange County Transportation Authority
550 South Main Street / P.O Box 14184 / Orange / California 92863-1584 / (714) 560-OCTA (6282) OCTA
January 19, 2026
Mr. Christopher Cash
City of Orange - Department of Public Works
300 East Chapman Avenue
Orange, California 92866
Subject: Agreement No. C-1-2777, City of Orange, "M2 CTFP Master Funding Agreement" - Letter Agreement No. 26
Dear Mr. Cash:
This Letter Agreement serves as the Orange County Transportation Authority's (OCTA) approval to amend Agreement No. C-1-2777, Attachment A-25 "Projects List". OCTA is deleting Attachment A-25, in its entirety, as identified in Article 4 "Responsibilities of Agency", paragraph A, and in lieu thereof is inserting the revised "Project List", attached hereto as Attachment A-26, which is incorporated and made a part of the Agreement.
All provisions set forth in Master Funding Agreement No. C-1-2777 apply.
If you have any questions, please feel free to contact Mason Dosher at (714) 560-5427.
Please execute this letter agreement and return the signed original to the attention of:
Cathy Bouleuth, Contract Administrator, Capital Projects Contracts Administration and Materials Management Department 600 South Main Street, 4'h Floor
Orange, CA 92868
Phone: (714) 560-5077, Email: [email protected]
Upon full execution by both parties, this Letter Agreement No. 26 to Agreement No.
C-1-2777, shall be made effective this 2nd day of January, 2026 ("Effective Date").
Accepted and Agreed
Rose Casey ChristopherS. Cash
RRffse casay 21, 2026 16:08:54 PDT) chehristopher Cash?", 2026 16:02:54 PDT) Executive Director, Planning Director of Public Works
Orange County Transportation Authority City of Orange
ydic Bilasky
-Kyara BryKskay &2, 2026 12:00:15 PDT
Department Manager, Capital Projects
Orange County Transportation Authority
Orange County Transportation Authority
550 South Main Street / P.O. Box 14184 / Orange / California 92863-1584 / (714) 560-OCTA (6282) L
AGREEMENT NO. C-1-2777
ATTACHMENT A-26
LETTER AGREEMENT NO. 26
M2 CTFP MASTER FUNDING AGREEMENT
City of Orange - Project List
Programmed Board Letter
Project Description CTFP Amount Fiscal Year Date Agreement No.
Project O "Regional Capacity Program"
Katella Avenue and Wanda Street Intersection
Widening (Engineering) $ 51,500 2012-13 6/27/2011 1
Meats Avenue Interchange at SR-55 (Engineering) | $ 1,400,000 2011-12 6/27/2011 1 Lincoln Avenue and Tustin Street Intersection $ 105,000 2013-14 4/8/2013 3 Lincoln Avenue/Tustin Street Intersection (Right of
Way) $ 67,500 2014-15 4/14/2014 6
Lincoln Avenue/Tustin Street Intersection
(Construction) $ 368,640 2015-16 4/14/2014 6
Katella Avenue/Wanda Road Intersection (Right of
Way) $ 120,000 2014-15 4/14/2014
Katella Avenue/Wanda Road Intersection
(Construction) $ 583,680 2015-16 4/14/2014 6
Tustin Street and Katella Avenue Intersection
(Engineering) (FAST TRACK) $ 105,000 2015-16 4/27/2015 9 Tustin Street and Katella Avenue Intersection
(Right of Way) (FAST TRACK) $ 750,000 2016-17 4/27/2015 9 Tustin Street and Katella Avenue Intersection
(Construction) (FAST TRACK) $ 363,882 2017-18 4/27/2015 9 Tustin Street and Chapman Avenue Intersection
(Engineering) $ 105,000 2015-16 4/27/2015 9
Tustin Street and Chapman Avenue Intersection
(Right of Way) $ 138,750 2016-17 4/27/2015 9
Tustin Street and Meats Avenue Intersection
(Engineering) $ 97,500 2015-16 4/27/2015 9
Tustin Avenue and Meats Avenue Intersection
Right Turn Lane Addition (Right of Way) $ 1,424,713 2016-17 4/11/2016 11 Tustin/Meats Intersection Right Turn Lane Addition $ 719,625 2018-19 4/10/2017 13 Tustin Street and Chapman Avenue Intersection
Widening $ 375,000 2017-18 4/10/2017 13
Cannon Street at Serrano Avenue Intersection
Widening $ 108,750 2018-19 6/11/2018 15
Cannon Street Widening - Santiago Canyon Road
to Serrano Avenue (Engineering) $ 618,750 2021-22 5/10/2021 21 Cannon Street at Serrano Avenue Intersection
Widening (Construction) $ 631,814 2022-23 5/9/2022 23
Cumulative Program Total $ 8,135,104
AGREEMENT NO. C-1-2777
ATTACHMENT A-26
LETTER AGREEMENT NO. 26
M2 CTFP MASTER FUNDING AGREEMENT
City of Orange - Project List
Project X "Environmental Clean Up"
Orange Old Towne Automatic Retractable Screens
Project 100,000 2011-12 8/8/2011 1
Savi Storm Drain Installation Project $ 100,000 2012-13 8/13/2012 2 CDS Unit at Santiago Creek $ 111,750 2013-14 9/23/2013 5 Lemon Street Continuous Deflection Separator
Unit $ 150,000 2014-15 9/22/2014 8
Collins Avenue Bio Clean Unit Installation $ 150,000 2015-16 8/10/2015 10 Orangewood Avenue Bio Clean Unit Installation $ 150,000 2016-17 9/12/2016 12 Orangewood Avenue BioClean Unit Installation $ 300,000 2017-18 8/14/2017 14 DSBB and CPS BMP Installation $ 249,360 2019-20 9/9/2019 17 DSBB and CPS BMP Installation - 2020 $ 308,803 2020-21 10/12/2020 20 CDS, CPS and FTA BMP Installation $ 500,000 2021-22 8/21/2021 22 Debris Separating Baffle Box and Connector Pipe
Screen BMP Installation $ 400,000 2022-23 11/14/2022 24 Glassell Street & La Veta Avenue Water Quality
Storm Drain Improvement Project $ 436,000 2023-24 8/14/2023 25 White Oak Ridge & Palmyra Avenue Water Quality
Storm Drain Improvement Project $ 600,000 2025-26 10/13/2025 26 Cumulat+A37:E46ive Program Total $ 3,555,913
Project P "Regional Traffic Signal Synchronization Program" Tustin Avenue - Rose Drive RTSSP $ 2,766,833 2020-21 5/11/2020 19 Cumulative Program Total $ 2,766,833
Project W "Safe Transit Stops"
South Bound (SB) The City Drive/City Way $ 30,000 2014-15 7/14/2014 7 North Bound (NB) The City Drive/Dawn Way $ 28,020 2014-15 7/14/2014 7 SB Main Street/Katella Avenue $ 13,837 2014-15 7/14/2014| 7
AGREEMENT NO. C-1-2777
ATTACHMENT A-26
LETTER AGREEMENT NO. 26
M2 CTFP MASTER FUNDING AGREEMENT
City of Orange - Project List
SB Main Street/Chapman Avenue $ 15,241 2014-15 7/14/2014 7 Orange Transportation Center Dock 1 $ 14,338 2014-15 7/14/2014 7 SB Main Street/La Veta Avenue $ 14,010 2014-15 7/14/2014 7 SB Tustin Street at East Village Way $ 30,000 2014-15 7/14/2014 7 NB The City Drive/Justice Center $ 18,100 2019-20 6/26/2019 16 West Bound (WB) Chapman Ave/Main Street $ 18,100 2019-20 6/26/2019 16 East Bound (EB) Chapman Ave/The City Drive $ 22,000 2019-20 6/26/2019 16 WB Chapman Ave/The City Drive $ 18,100 2019-20 6/26/2019 16 Orange TraNsportation Center/Dock #2 $ 22,000 2019-20 6/26/2019 16 Cumulative Program Total $ 243,746
Project V "Community-Based Transit/Circulators Program" - Planning Only Orange Community Circulator Feasibility Study $ 59,400 2020-21 4/13/2020 18 Cumulative Program Total $ 59,400
Total (All Projects) $ 14,760,996
DECEIVE
AVG 0 5 2011 Distributed: 4/0/11
Accounting
CAMM
MASTER FUNDING AGREEMENT NO. C-1-2777 FPA
1 M A meclenhum
endor v K.AHtin
2 BETWEEN
CA MiChIZ
3 ORANGE COUNTY TRANSPORTATION AUTHORITY
4 AND
5 CITY OF ORANGE
"6 FOR
M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAMS
8 THIS AGREEMENT is effective this _19T day of _ AUGUST 2011, by and 9 between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, 10 California 92863-1584, a public corporation of the State of California (hereinafter referred to as 11 "AUTHORITY"), and the City of Orange, 300 E. Chapman Avenue, P.O. Box 449, Orange, CA 92866- 12 1591, a municipal corporation (hereinafter referred to as "AGENCY"). 13 RECITALS:
14 WHEREAS, Voters approved Renewed Measure M (M2) on November 7, 2006; and 15 WHEREAS, Orange County Local Transportation Authority Ordinance No. 3 outlines the M2 16 Transportation Ordinance and Investment Plan to fund transportation facility and service improvement 17 programs for a period of thirty years commencing on April 1, 2011; and 18 WHEREAS, AUTHORITY and AGENCY agree that M2 funding is subject to AGENCY fulfilling 19 M2 eligibility requirements; and
20 WHEREAS, AUTHORITY's Board of Directors approved the Renewed Measure M Eligibility 21 Guidelines - Local Agency Preparation Manual on January 25, 2010 and subsequent amendments on 22 March 14, 2011 and April 11, 2011; and
WHEREAS, AUTHORITY's Board of Directors approved the Comprehensive Transportation 24 Funding Programs (CTFP) Guidelines on March 22, 2010; and 25 WHEREAS, AUTHORITY will periodically update the Renewed Measure M2 Eligibility 26 Guidelines - Local Agency Preparation Manual and the CTFP Guidelines whereby the most recent
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1 update is incorporated herein by reference; and
2 WHEREAS, AUTHORITY has approved AGENCY's competitive projects) (hereinafter referred 3 to as "PROJECTs)) as specified in Attachment A "Projects List" to receive funding under the CTFP; 4 and
15 WHEREAS, AUTHORITY has determined that AGENCY's PROJECTs) has met the requirements of and is eligible under the CTFP Guidelines; and 7 WHEREAS, AGENCY's "Project List" may be amended to include new projects with each 8 competitive call for projects and will be incorporated by Letter Agreement executed by both parties and 9 incorporated herein; and
10 WHEREAS, the Letter Agreement may include additional requirements for PROJECTs) funded with sources other than M2 or Local Fair Share Net Revenues sources; and 12 WHEREAS, AUTHORITY and AGENCY agree that Local Fair Share Program Net Revenues 13 are distributed on a formula basis to eligible jurisdictions; and 14 WHEREAS, payment terms for this Master Funding Agreement will be in accordance with 15 Chapter 10 of the CTFP Guidelines; and
WHEREAS, this Master Funding Agreement defines the specific terms and conditions and 17 funding responsibilities between AUTHORITY and AGENCY for CTFP and Local Fair Share Program 18 Net Revenues; and
19 WHEREAS, AUTHORITY's Board of Directors approved this Master Funding Agreement on 20 June 27, 2011; and
WHEREAS, the AGENCY's City Council approved this Agreement on the 26th 21 _ day of
JuLy _2011;
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and AGENCY as 24 follows:
25 ARTICLE 1. COMPLETE AGREEMENT
26 A. This Agreement, including any attachments incorporated herein and made applicable by
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1 reference, constitutes the complete and exclusive statement of the terms) and conditions(s) of this 2 agreement between AUTHORITY and AGENCY and it supersedes all prior representations, 3 understandings, and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s) or conditions(s) of this Agreement. The above 75 referenced Recitals are true and correct and are incorporated by reference herein. 6 B. AUTHORITY'S failure to insist on any instances) of AGENCY's performance of any 7 term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of 8 AUTHORITY's right to such performance or to future performance of such terms) or condition(s), and 9 AGENCY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of 10 this Agreement shall not be binding upon AUTHORITY except when specifically confirmed in writing by 11 an authorized representative of AUTHORITY by way of a written amendment to this Agreement and 12 issued in accordance with the provisions of this Agreement. 13 C. AGENCY's failure to insist on any instance(s) of AUTHORITY's performance of any 14 term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of 15 AGENCY's right to such performance or to future performance of such terms) or condition(s), and 16 AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any 17 portion of this Agreement shall not be binding upon AGENCY except when specifically confirmed in 18 writing by an authorized representative of AGENCY by way of a written amendment to this Agreement 19 and issued in accordance with the provisions of this Agreement.
ARTICLE 2. SCOPE OF AGREEMENT
21. This Agreement specifies the roles and responsibilities of both AUTHORITY and AGENCY as 22 they pertain to the subjects and projects addressed herein. Both AUTHORITY and AGENCY agree 23 that each will cooperate and coordinate with the other in all activities covered by this Agreement and 24 any other supplemental agreements, including Letter Agreements, which may be required to facilitate 25 purposes thereof.
/
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1 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
2 AUTHORITY agrees to the following responsibilities for funding of PROJECT (s):
A. AUTHORITY shall allocate M2 Net Revenues as specified in Ordinance No. 3 and pay 4 AGENCY in accordance with the policies and procedures contained in the CTFP manual and 5 AUTHORITY's Board of Directors approved PROJECT budgets. 6 B. AUTHORITY shall provide guidance and oversight of the M2, state and federal funds in compliance with M2 eligibility guidelines, CTFP Guidelines, state and federal funding requirements and 8 allocation and reporting requirements.
C. Within thirty (30) days of receipt of an acceptable initial payment CTFP invoice and 10 within sixty (60) days for an acceptable final payment invoice for eligible expenditures, AUTHORITY 11 shall, in accordance with Chapter 10 of the CTFP Guidelines, remit to AGENCY the required 12 reimbursement for applicable planning, environmental, engineering, right-of-way and construction 13 activities.
D. AUTHORITY shall pay Net Revenues allocated for the Local Fair Share Program to 15 eligible AGENCY within sixty (60) days of receipt by AUTHORITY. 16 E. AUTHORITY shall process any required Federal Transportation Improvement Program 17 (FTIP) amendments, Subject to state and federal regulations and guidelines prepared by the Southern 18 California Association of Governments.
19 F. At the request of AGENCY, AUTHORITY shall, in accordance with AUTHORITY 20 specification and no cost to the AGENCY excluding installation and removal expenses, provide signage 21 for all construction PROJECTs) that are in excess of FIVE HUNDRED THOUSAND DOLLARS 22 ($500,000) and exceed a ninety (90) day construction schedule. 23 G. AUTHORITY, or agents of AUTHORITY, may upon close-out of each PROJECTs) 24 under this Agreement, perform an audit and or technical review to ensure that CTFP Guidelines policies and procedures were followed. Such audit shall be performed within one hundred and eighty (180) 26 days of AUTHORITY receiving the final report for each PROJECTs). If the audit or technical review
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1 determines that any of the activities performed are ineligible for CTFP funding, AGENCY must return 2 the amount of funding used to perform the ineligible activity to AUTHORITY in accordance with Article 1'3 4.G.
34 ARTICLE 4. RESPONSIBILITIES OF AGENCY
5 AGENCY agrees to the following responsibilities for PROJECTs):
A. AGENCY or AGENCY's designee will act as the lead agency for all phases of the PROJECTs) identified in Attachment A, approved for M2 funding. 8 B. AGENCY agrees that M2 funding is subject to AGENCY meeting all of the requirements outlined in the M2 Eligibility Guidelines and CTFP Guidelines. 10 C. AGENCY agrees to implement and complete PROJECTs) funded under this Agreement in accordance with the CTFP Guidelines, M2 Eligibility requirements and application 12 submitted to AUTHORITY.
13 D. AGENCY agrees to submit all PROJECT information to the Federal Transportation 14 Improvement Program and OFundTracker during semi-annual reviews and as requested by the 15 AUTHORITY in accordance with the prescribed deadlines. 16 E. AGENCY agrees to obligate funds in the programmed year in accordance with the 17 CTFP Guidelines and adhere to any additional requirements identified in any and all Letter 18 Agreements) amended hereto.
19 F. AGENCY agrees to enter into and required Letter Agreement for PROJECTs) approved by the Board to define specific funding and reporting requirements. 21 G. AGENCY shall return funds expended on activities, other than those approved by the 22 AUTHORITY's Board of Directors, within thirty (30) day's of AUTHORITY's written demand. Any 23 AGENCY which uses funds for other than transportation purposes shall be deemed ineligible to receive 24 funds for a period of five (5) years.
H. AGENCY agrees to dispose of any acquired right-of-way in excess of the required transportation use. Excess right-of-way must be identified at the time of initial payment submittal and
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1 prior to the disposal process. Resolution of any issues regarding whether or not a right-of-way is excess to the transportation improvement will be by the mutual agreement of AUTHORITY and 3 AGENCY. Excess land acquired with CTFP funds shall be sold by AGENCY in accordance with 4 Government Code Sections 54220-54232 and proceeds from the sale shall be returned immediately to 5 AUTHORITY.
6 1. AGENCY will comply with all federal, state and local laws and regulations, including the Renewed Measure M2 Eligibility Guidelines - Local Agency Preparation Manual and the CTFP 8 Guidelines, which are incorporated herein by reference. 9 J. AGENCY shall install and remove signage for all competitively awarded construction 10 PROJECTs) that are in excess of $500,000 and exceed a 90 day construction period in accordance
11. with AUTHORITY specifications during construction period. AGENCY may request AUTHORITY 12 furnished signage or it may choose to provide AGENCY furnished signage so long as said signage conforms to AUTHORTY specifications as follows: Signage shall include a Measure M2 logo that is a 14 minimum of twelve inches (12") tall, an OCTA logo that is a minimum of three inches (3") tall (image 15 files provided by OCTA upon request), verbiage stating "Street Improvements Funded by Measure M" 16 in Myriad Pro, bold condensed font at two hundred and fifty six (256) pt. and "Your dollars at Work" in 17 Myriad Pro, bold condensed font at one hundred and eighty (180) pt. 18 ARTICLE 5. DELEGATED AUTHORITY
19 The actions required to be taken by AGENCY in the implementation of this Agreement are 20 delegated to its Public Works Director, or his/her designee, and the actions required to be taken by 21 AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief Executive 22 Officer.
23 ARTICLE 6. AUDIT AND INSPECTION
AUTHORITY and AGENCY shall maintain a complete set of records in accordance with generally accepted accounting principles. Upon reasonable notice, AGENCY shall permit the 26 authorized representatives of the AUTHORITY to inspect and audit all work, materials, payroll, books,
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1 accounts, and other data and records of AGENCY for a period of four (4) years after final payment, or completion of audit by the AUTHORITY, or after final payment of debt service where local fair share revenues were pledged, whichever is longer. For purposes of audit, the date of completion of this 4 Agreement shall be the date of AUTHORITY's payment of AGENCY's final billing (so noted on the 5 invoice) under this Agreement. AUTHORITY shall have the right to reproduce any such books, records, 6 and accounts. The above provision with respect to audits shall extend to and/or be included in contracts 17 with AGENCY's contractors).
8 ARTICLE 7. INDEMNIFICATION
9 A. AGENCY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, 10 employees and agents from and against any and all claims (including attorney's fees and reasonable
11. expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, worker's 12- compensation subrogation claims, damage to or loss of use of property alleged to be caused by the negligent acts, omissions or willful misconduct by AGENCY, its officers, directors, employees or agents 14 in connection with or arising out of the performance of this Agreement. 15 B. AUTHORITY shall indemnify, defend and hold harmless AGENCY, its officers, directors, 16 employees and agents from and against any and all claims (including attorney's fees and reasonable 17 expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, worker's compensation subrogation claims, damage to or loss of use of property alleged to be caused by the 19 negligent acts, omissions or willful misconduct by AUTHORITY, its officers, directors, employees or 20 agents in connection with or arising out of the performance of this Agreement. 21 C. The indemnification and defense obligations of this Agreement shall survive its 22 expiration or termination.
23 ARTICLE 8. ADDITIONAL PROVISIONS
A. Term of Agreement: This Agreement shall continue in full force and effect through final 25 acceptance of PROJECT by AUTHORITY, or until March 31, 2041 whichever is later. This Agreement 26 may be extended at the mutual consent of both parties
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B. Termination: This agreement is null and void if PROJECT is not awarded. However, 2 AUTHORITY agrees to reimburse AGENCY for any costs incurred up to the official date of notification 3 to AGENCY that PROJECT will not be awarded.
4 C. AUTHORITY and AGENCY shall comply with all applicable federal, state, and local 5 laws, statues, ordinances and regulations of any governmental authority having jurisdiction over the PROJECT(s).
D. Legal Authority: AUTHORITY and AGENCY hereto consent that they are authorized to 8 execute this Agreement on behalf of said parties and that, by so executing this agreement, the parties 9 hereto are formally bound to the provisions of this Agreement. 10 E. Severability: If any term, provision, covenant or condition of this Agreement is held to be 11 invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the 12 remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or 13 condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 14 Counterparts of Agreement: This Agreement may be executed and delivered in any 15 number of counterparts, each of which, when executed and delivered shall be deemed an original and 16 all of which together shall constitute the same agreement. Facsimile signatures will be permitted. 17 Force Majeure: Either Party shall be excused from performing its obligations under this 18 Agreement during the time and to the extent that it is prevented from performing by an unforeseeable 19 cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God; 20 commandeering of material, products, plants or facilities by the federal, state or local government; 21 national fuel shortage; or a material act or omission by the other party; when satisfactory evidence of 22 such cause is presented to the other Party, and provided further that such nonperformance is 23 unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing. 24 H. Assignment: Neither this Agreement, nor any of the Parties rights, obligations, duties, or 25 authority hereunder may be assigned in whole or in part by either Party without the prior written consent 26 of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed
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void and of no force and effect. Consent to one assignment shall not be deemed consent to any 2 subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. 3 I. Obligations To Comply with Law: Nothing herein shall be deemed nor construed to 4 authorize or require any Party to issue bonds, notes or other evidences of indebtedness under the terms, in amounts, or for purposes other than as authorized by local, state or federal law.
J. Governing Law: The laws of the State of California and applicable local and federal 7 laws, 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 To AGENCY: To AUTHORITY:
13 City of Orange Orange County Transportation Authority 14 300 E. Chapman Avenue 550 South Main Street
15 P.O. Box 449 P.O. Box 14184
Orange, CA 92866-1591 Orange, CA 92863-1584
ATTENTION: Joe DeFrancesco, Public Works ATTENTION: Marvin Cruz, Senior Contract 18 Director Administrator
19 Tel: (714) 744-5525 Tel: (714) 560 - 5568
20 Email: [email protected] Email: [email protected] 21 /
22 23
24 /
25 26 /
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1 This Agreement shall be made effective upon execution by both parties. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-1-2777 to be executed 3 on the date first above written.
4 CITY OF ORANGE
Will Kempton
Chief Executive Officer
8 ATTEST: APPROVED AS TO FORM:
9 Sayin tale, Bandy or.
Kennard R. Smart, Jr.
10 General Counsel
City Clerk
11 12 APPROVED AS TO FORM APPROVAL RECOMMENDED
AGENCY Alorney
13 By: By:
14 Kia Mortazavi
David DeBerry
City Attorney Executive Director, Planning
15 16 Dated: 7-28-1/ Dated 8:11:11
17. 18
19 20
21 22
23 24
25 = 26
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Should be titled Amendment No.1. See
Distributed: 8:12 B
Andment No 2 dated July 28, 2024 Iccounting
CAMM
FPA
1 AMENDMENT NO. 4 (REVISED) 1 PM Rlopez/kAltar
2 MASTER FUNDING AGREEMENT NO. C-1-2877 MBarnman
3 BETWEEN
4 ORANGE COUNTY TRANSPORTATION AUTHORITY
5 AND
6 CITY OF ORANGE
7 FOR
8 M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAMS
9 THIS AMENDMENT NO. 4 is effective this If" day of July 2013, by and 10 between the Orange County Transportation Authority ("AUTHORITY"), and the City of Orange, a = municipal corporation (hereinafter referred to as "AGENCY"). 12 WITNESSETH:
13 WHEREAS, by Agreement No. C-1-2777 dated August 19, 2011, as last changed by Letter 14 Agreement No. 3, AUTHORITY and AGENCY entered into a Master Funding Agreement that defines 15 the specific terms and conditions and funding responsibilities between AUTHORITY and AGENCY for 16 Comprehensive Transportation Funding Programs (CTFP) and Local Fair Share Program Net 17 Revenues;
18 WHEREAS, AUTHORITY is revising the audit provision language with no change to the 19 maximum cumulative obligation; and
20 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and 21 AGENCY that Agreement No. C-1-2777 is hereby amended in the following particulars only:
22 Amend ARTICLE 3. RESPONSIBILITIES OF AUTHORITY, page 4 of 10, Paragraph 23 G, to delete in its entirety and in lieu thereof insert:
24 "AUTHORITY, or agents of AUTHORITY, may upon close-out off each PROJECTs) under this 25 Agreement, perform a technical or field review to ensure that CTFP Guidelines were followed. 26 Such review may be performed after an acceptable final report has been submitted for each
AMENDMENT NO. 4 TO
AGREEMENT NO. C-1-2777
1 PROJECTs). If the review determines that any of the activities performed are ineligible for 2 CTFP funding, AGENCY must return the amount of funding used to perform the ineligible 3 activity to AUTHORITY in accordance with Article 4.G." 4 Amend ARTICLE 6. AUDIT AND INSPECTION, page 7 of 10, line 1, to delete "a period 5 of four (4) years" and in lieu thereof insert "a period of five (5) years." 6 The balance of Agreement No. C-1-2777 remains unchanged 7 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 4 to Agreement 8 C-1-2777 to be executed as of the date first above written. 9 CITY OF ORANGE, ORANGE COUNTY TRANSPORTATION AUTHORITY 10 By:
11 Teresa Smith Meena Katakia
Mayor Manager, Capital Projects
12 13 APPROVED AS TO FORM:
14 By: Whit and chefclerk for By:
15 Mary E. Murphy Kennard R. Smart, Jr.
City Clerk General Counsel
16 17 APPROVED AS TO FORM:
18 19
Wayne Winthers
20 City Attorney
21 Dated: 7-11-13
22 23
24 25
26
Distributed: 7-22-14
Accounting
CAMM
FPA
PM R Lopez-5 Kaur-t Altar
1 AMENDMENT NO. 2 TO endo
A D Bitar
2 MASTER FUNDING AGREEMENT NO. C-1-2777
3 BETWEEN
4 ORANGE COUNTY TRANSPORTATION AUTHORITY
5 AND
6 CITY OF ORANGE
7 FOR
8 M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAMS
9 THIS AMENDMENT NO. 2 is effective this 18 day of July 2014, by and 10 between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, 11 California 92863-1584, a public corporation of the State of California (hereinafter referred to as 12 "AUTHORITY"), and the City of Orange, 300 E. Chapman Ave., Orange, CA 92866, a municipal 13 corporation (hereinafter referred to as "AGENCY") each individually known as "Party" and collectively 14 known as the "Parties".
15 WITNESSETH:
16 WHEREAS, by Agreement No. C-1-2777 dated August 19, 2011, as last changed by Letter 17 Agreement No. 5 dated November 15, 2013, AUTHORITY and AGENCY entered into a Master 18 Funding Agreement that defines the specific terms and conditions and funding responsibilities between 19 AUTHORITY and AGENCY for Comprehensive Transportation Funding Programs (CTFP) and Local 20 Fair Share Program Net Revenues;
21 WHEREAS, currently Letter Agreements and Amendments to the Master Funding Agreement 22 (Amendments) are numbered sequentially as issued; and 23 WHEREAS, the Letter Agreements are sub-agreements to the Master Funding Agreement; and 24 WHEREAS, the AUTHORITY and AGENCY desire to separate the Letter Agreements from the 25 Amendments and assign separate numbering conventions to each; and 26 /
AMENDMENT NO. 2 TO
AGREEMENT NO. C-1-2777
1 WHEREAS, due to the change in the numbering convention for the Letter Agreements and 2 Amendments, this Amendment No. 2 will revise the numbering for Amendments to Agreement No. C-1- 3 2777 issued to date as follows: Amendment No. 4 (Revised) dated July 11, 2013 is changed to 4 Amendment No. 1, with the subsequent Amendments to the Master Funding Agreement to be 5 numbered sequentially beginning with this Amendment No. 2; and 6 WHEREAS, the next Letter Agreement to be issued will be No. 6 with Attachment A-6, Letter 7 Agreement No. 4 and Attachment A-5 will not be used; and 8 WHEREAS, AUTHORITY is revising the audit provision language with no change to the 9 maximum cumulative obligation; and
10 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and = AGENCY that Agreement No. C-1-2777 is hereby amended in the following particulars only:
12 Amend ARTICLE 5. DELEGATED AUTHORITY, page 6 of 10, to delete in its entirety 13 and in lieu thereof insert:
14 "The actions required to be taken by AGENCY in the implementation of this Agreement are 15 delegated to its Director of Public Services, or his/her designee, and the actions required to be taken by 16 AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief Executive 17 Officer or designee."
18 Amend ARTICLE 6. AUDIT AND INSPECTION, page 6 of 10, as last changed by 19 Amendment No. 4 (Revised) (now identified as Amendment No. 1) dated July 11, 2013 to delete in its 20 entirety and in lieu thereof insert:
21 "AUTHORITY and AGENCY shall maintain a complete set of records in accordance with 22 generally accepted accounting principles. Upon reasonable notice, AGENCY shall permit the 23 authorized representatives of the AUTHORITY to inspect and audit all work, materials, payroll, 24 contracts, books, accounts, and other data and records of AGENCY for a period of five (5) years after 25 final payment by AUTHORITY for CTFP projects. For the Local Fair Share program, upon reasonable 26 notice, AGENCY shall permit the authorized representatives of the AUTHORITY to inspect and audit all
AMENDMENT NO. 2 TO
AGREEMENT NO. C-1-2777
1 work, materials, payroll, contracts, books, accounts, and other data and records of AGENCY for a 2 period of five (5) years after expenditure of funds or five (5) years after final payment of debt service 3 where local fair share revenues were pledged, whichever is longer. AUTHORITY shall have the right to 4 reproduce any such books, records, and accounts. The above provision with respect to audits shall 5 extend to and/or be included in contracts with AGENCY's contractor(s)." Amend ARTICLE 8. ADDITIONAL PROVISIONS, page 9 of 10, Paragraph L, to update AUTHORITY's contact information.
To AGENCY: To AUTHORITY:
öo 0
City of Orange Orange County Transportation Authority
300 E. Chapman Ave. 550 South Main Street
11 Orange, CA 92866 P.O. Box 14184
12 Orange, CA 92863-1584
13 ATTENTION: Joe DeFrancesco ATTENTION: Michael Le
14 Director of Public Works Associate Contract Administrator 15 Tel: (714) 744-5525 Tel: (714) 560 - 5314
16 E-mail: [email protected] E-mail: [email protected] 17 /
18 /
19 20
21 /
22 23 /
24 /
25 /
26 /
AMENDMENT NO. 2 TO
AGREEMENT NO. C-1-2777
1 The balance of Agreement No. C-1-2777 remains unchanged 2 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement 3 C-1-2777 to be executed as of the date first above written. 4 CITY OF ORANGE ORANGE COUNTY TRANSPORTATION AUTHORITY 5 Ten Brite By:
Teresa E. 'Smith Meena Katakia • r
Mayor Manager, Capital Projects
7 8 ATTEST:
APPROVED AS TO FORM:
9 By: By:
10 Mary/E. Murphy
Kennard R. Smart, Jr.
City Clerk General Counsel
11 12
APPROVED AS TO FORM:
13 or Matte
14 Wayne W. Winthers
15 City Attorney
16 2/10/14
Dated:
17 18
19 20
21 22
23 24
25
C12777_Letter Agreement
Final Audit Report 2026-05-22
Created: 2026-03-11
By: Cathy Bounleuth ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAA_NSiA5yOOf39c8jeZsbaltPp4-G9NFy_ "C12777_Letter Agreement" History
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