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06-0226_ORANGE COUNTY TRANSPORTATION AUTHORITY_Cooperative Agreement2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 U E COOPERATIVE AGREEMENT NO. C- 6-0815 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SAN JUAN CAPISTRANO FOR CITY -INITIATED TRANSIT EXTENSIONS TO METROLINK THIS AGREEMENT is made and entered into this CW "Iay of 2006, 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 (hereinafter referred to as "AUTHORITY"), acting on behalf of the Orange County Local Transportation Authority, and the City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California, 92675, a municipal corporation and charter city duly organized and existing under the constitution and laws of the State of California (hereinafter referred to as "CITY"). RECITALS: WHEREAS, AUTHORITY considers its railroad lines linking Los Angeles and San Diego Counties and the Inland Empire to be the core of Orange County's future rail transit system; and WHEREAS, CITY and AUTHORITY wish to work as partners to develop a community-based transit vision that increases use of Metrolink by San Juan Capistrano residents, visitors, and/or employees; and WHEREAS, the funds allocated through this program must comply with the 1990 Measure M ordinance which states in part that the intent is to provide matching funds to encourage development of extensions to major activity centers and providing access between the primary rail system and employment centers; and WHEREAS, CITY is encouraged to enter into written agreements with other cities to collaborate in some or all facets of a planning and needs assessment to support this vision; and Page 1 of 13 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 AGREEMENT C-6-0815 WHEREAS, Measure M funds have been designated for cities to study ways to accomplish this; and WHEREAS, CITY will develop a proposed Project Concept (further defined hereunder) which will factor in, among other elements, community interests and desires; and WHEREAS, the AUTHORITY's Board of Directors on February 27, 2006, allocated Measure M funds to a program designed to enable cities that wish to develop a local transit vision including defined enhancements and transit extensions to Metrolink that work best with their local community's short and long-term priorities (hereinafter referred to as "GO LOCAL Step 1"); and WHEREAS, CITY has completed the GO LOCAL Step 1 Project Concept form, and AUTHORITY has found such concept acceptable; and WHEREAS, CITY, upon AUTHORITY's execution of this Agreement, will pursue the Project Concept; and NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as follows: ARTICLE 1. COMPLETE AGREEMENT This Agreement, including all exhibits and documents incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the terms and conditions of the agreement between AUTHORITY and CITY concerning the GO LOCAL Step 1 work and supersedes all prior representations, understandings and communications between the parties. The invalidity in whole or part of any term or condition of this Agreement shall not affect the validity of the other terms or conditions. Page 2 of 13 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 • • AGREEMENT C-6-0815 ARTICLE 2. SCOPE A. This Agreement specifies the procedures that AUTHORITY and CITY will follow in connection with the GO LOCAL Step 1 work to be performed. CITY agrees to provide all services identified in Project Concept, identified herein as Exhibit A to this Agreement. Both AUTHORITY and CITY agree that each will cooperate and coordinate with the other in all activities covered by this Agreement and any other supplemental agreements. B. AUTHORITY's failure to insist upon CITY's performance of any terms or conditions of this Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's right to such performance or to future performance of such terms or conditions and CITY's obligation in respect to performance shall continue in full force and effect. C. Changes to any portion of this Agreement shall not be binding upon AUTHORITY unless confirmed in writing by an authorized representative of AUTHORITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement. ARTICLE 3. RESPONSIBILITES OF AUTHORITY AUTHORITY agrees to the following responsibilities for the GO LOCAL Step 1 work: A. Payment- AUTHORITY shall pay CITY the amount identified in Article 5. PAYMENT, for the GO LOCAL Step 1 work within 30 days of receipt of acceptable invoice. Funds will not be distributed to CITY if AUTHORITY has not accepted CITY's Project Concept. CITY may resubmit an amended Project Concept for review by AUTHORITY. AUTHORITY has the sole and exclusive right to accept or reject any Project Concept. B. Should CITY not complete the services identified in Exhibit A, or does not meet the terms and conditions of this Agreement, the CITY will return to AUTHORITY all monies funded to the CITY within sixty (60) days of AUTHORITY's written demand. Page 3 of 13 1 z 3 4 5 6 7 8 9 to u 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • AGREEMENT C-6-0815 C. Additional Funding- Funding beyond what has been identified in Article 5. PAYMENT, shall be pursuant to a competitive process for projects initiated by AUTHORITY at a date to be determined. AUTHORITY does not guarantee that CITY will be selected to advance to the any future step in the GO LOCAL process. ARTICLE 4. RESPONSIBILITIES OF CITY CITY agrees to the following responsibilities for GO LOCAL Step 1 work: A. Lead Aaencv- CITY will act as the lead agency for the GO LOCAL Step 1 work. However, CITY may designate pursuant to a written partnership letter of agreement that another city participating in the GO LOCAL program is serving as lead agency. AUTHORITY shall be provided a copy of this letter within ten (10) days after the agreement has been executed. B. Third Party Partnerships- CITY is encouraged to collaborate with and enter into written agreements with adjacent cities to advance the project consistent with the Project Concept. CITY shall deliver to AUTHORITY a copy of each executed agreement within ten (10) days of execution. C. Project Reporting- Within six months from the receipt of funds, CITY shall submit to AUTHORITY a progress report similar to that detailed in Exhibit B, entitled "GO LOCAL Initial Progress Report," attached to and, by this reference, incorporated in and made part of this Agreement. CITY shall be required to produce a final written report of its findings, recommendations, and next steps according to a mutually agreed upon date, but no later than the completion date of this Agreement. The Final Report will include the elements described in Exhibit C, entitled "GO LOCAL Project Concept Final Report Outline." Exhibit C is attached to and, by this reference, incorporated in and made part of this Agreement. D. Use Of Funding- CITY shall use funding provided by AUTHORITY exclusively for the services identified in Exhibit A. All funding released to CITY shall be spent in accordance with Local Transportation Ordinance Number 2: The Revised Orange County Traffic Improvement and Growth Management Ordinance. If CITY fails to develop and/or pursue the Project Concept in accordance with said Ordinance, or the CITY uses the Funds to support or facilitate acquisition of property Page 4 of 13 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 • • AGREEMENT C-6-0815 through eminent domain or as matching funds to implement land development, all monies funded to the CITY shall be returned to AUTHORITY within sixty (60) days of AUTHORITY's written demand. AUTHORITY shall have sole discretion in determining whether the Project Concept has been developed and/or pursued in accordance with said Ordinance. AUTHORITY may terminate this Agreement, in whole or part, if the AUTHORITY determines in its sole discretion that CITY has utilized funds in a manner leading to use of eminent domain powers. Upon AUTHORITY's determination and written request, CITY shall return all monies in accordance with this Article. E. Third Party Work- CITY shall deliver to AUTHORITY a copy of each executed agreement and scope of work for services to be performed by third parties in fulfillment of the Project Concept within thirty (30) days after the agreement has been executed. F. Conduct- CITY shall conduct all of its activities in association with GO LOCAL Step 1 in a good and competent and professional manner and in compliance with all applicable federal, state and local rules and regulations. G. Modeling—CITY shall utilize existing AUTHORITY modeling results to ensure that project results are compatible with AUTHORITY planning efforts. AUTHORITY shall make modeling available. ARTICLE 5. PAYMENT A. For CITY's full and complete performance of its obligations under this Agreement and subject to the maximum cumulative payment obligation provisions set forth in this Agreement, AUTHORITY shall pay CITY the not to exceed lump sum amount of One Hundred Thousand Dollars ($100,000.00) within thirty (30) days after execution of this Agreement and upon receipt of acceptable invoice. J Page 5 of 13 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 • • AGREEMENT C-6-0815 B. As a supplement to the Final Report, CITY shall submit to AUTHORITY a Project Expenditures Certification, as detailed in Exhibit D, which is attached to this Agreement, and incorporated by reference, for work performed under this Agreement. The Certification shall include, but not be limited to, period of performance, actual expenses; classification, hours and rates of in- house personnel, vendors, contractors, for work performed exclusively for the GO LOCAL Step 1 phase. Additionally, CITY may be required to submit this information to the AUTHORITY at any time during the performance of this Agreement. CITY will be required to submit to AUTHORITY all information requested within thirty (30) days from AUTHORITY's request. ARTICLE 6. MAXIMUM OBLIGATION Notwithstanding any provisions of this Agreement to the contrary, AUTHORITY and CITY agree that AUTHORITY's maximum cumulative payment obligation hereunder (including CITY's direct and indirect costs) shall be One Hundred Thousand Dollars ($100,000.00) which shall include all amounts payable incurred solely for the purposes of the GO LOCAL Step 1 work. ARTICLE 7. AUDIT AND INSPECTION CITY shall maintain a complete set of records in accordance with generally accepted accounting principles and in accordance with Local Transportation Ordinance Number 2: The Revised Traffic Improvement and Growth Management Ordinance. The original records shall be maintained within the CITY limits. Upon reasonable notice, CITY shall permit the authorized representatives of the AUTHORITY to inspect and audit all work, materials, payroll, books, accounts and other data and records of CITY for a period of not less than four (4) years after final payment, or until any on-going audit is completed whichever is longer. For purposes of audit, the date of completion of this Agreement shall be the date of AUTHORITY's payment for CITY's final billing (so noted on the invoice) under this Agreement. AUTHORITY shall also have the right to reproduce any documents related to this Agreement by whatever means necessary. Page 6 of 13 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 • • AGREEMENT C-6-0815 ARTICLE 8. INDEMNIFICATION CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, employees and agents from and against any and all claims (including attorney's fees and reasonable 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 caused by the negligent acts, omissions or willful misconduct by CITY, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement. ARTICLE 9. ADDITIONAL PROVISIONS: The AUTHORITY and CITY agree to the following mutual responsibilities: A. Term of Agreement- This Agreement shall continue in full force and effect through December 31, 2007, unless terminated by mutual written consent by both Parties. The term of this Agreement may only be extended upon mutual written agreement by both Parties. B. Termination- The AUTHORITY may terminate this Agreement for its convenience any time, in whole or part, by giving CITY written notice thereof. C. Modifications- This Agreement may be amended in writing at any time by the mutual consent of both Parties. No amendment shall have any force or effect unless executed in writing by both AUTHORITY and CITY. D. Legal Authority- AUTHORITY and CITY hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that, by so executing this Agreement, the Parties hereto are formally bound to the provisions of this Agreement. E. Notices- Any notices, requests or demands made between the parties pursuant to this Agreement are to be directed as followed: Page 7 of 13 1 11 To CITY: 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 • City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: William Huber, Assistant City Manager 0 AGREEMENT C-6-0815 To AUTHORITY: Orange County Transportation Authority 550 South Main Street P. O. Box 14184 Orange, CA 92863-1584 Attention: Kathleen Murphy -Perez, Section Manager, Capital Projects (714/560-5743); kperez@octa.net c: Paul Taylor, Executive Director, Development Division F. Severability- If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder to this Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. G. Counterparts of Agreement- This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same agreement. Facsimile signatures will be permitted. H. Force Maieure- Either Party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the other party; when satisfactory evidence of such cause is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing. Page 8 of 13 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 0 0 AGREEMENT C-6-0815 I. Assignment- Neither this Agreement, nor any of a Party's rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either Party without the prior written consent of the other Party. Any such attempt of assignment shall be deemed void and of no force and effect. Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. J. Obligations Comply with Law- Nothing herein shall be deemed nor construed to authorize or require any Party to issue bonds, notes or other evidences of indebtedness under terms, in amounts, or for purposes other than as authorized by local, State or Federal law. K. Governing Law- The laws of the State of California and applicable Federal, State, local laws, regulations and guidelines shall govern hereunder. This Agreement shall be made effective upon execution by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-6-0815 to be executed on the date first above written. CITY SAN JUAN CAPIST NO BZ 44 avid . Svj6rliK APPRQVED AS.TO FORM: ORANGE COUNTY TRANSPORTATION AUTHORITY Arthur T. Leahy Chief Executive Officer APPROVED AS TO FORM: By: "L?= Kennard R. Smart, Jr. General Counsel By; Al OVA RECOMMENDED JohR. Shaw City Attorney BY: Paul Taylor, E)SfaA D ector Development Division Dated: [Z I Page 9 of 13 0 Go Local Project Concept Report City of San Juan Capistrano Tri -City Trolley System 0 AGREEMENT C-6-0815 EXHIBIT A The City of San Juan Capistrano (City) is interested in exploring opportunities for a multi-purpose trolley system that will service the San Juan Capistrano Metrolink station and beyond. The City will evaluate partnership for this effort for a mutually beneficial transit service with the Cities of San Clemente and Dana Point. The study will target the tourism community, commuters (both existing and future), and residents within the cities of San Juan Capistrano, San Clemente, and Dana Point. A trolley system could lessen the parking demands in the downtown/train depot area, which is currently a challenge. The study will identify destinations and activity centers for potential trolley stops and service through the community (e.g., The Capistrano Depot, downtown, historic districts, library, and park-and-ride lots) as well as provide a linkage with the neighboring cities of Dana Point and San Clemente. These neighboring cities have downtowns, State beaches, harbors, and resort destinations, as well as a Metrolink train station in San Clemente. The analysis will evaluate the transit needs of residents,' visitors, and employees within the tri -city area with respect to access to/from the Metrolink system. A trolley service would be beneficial in increasing tourism in the community by providing an easy - access link from the train station to destinations and activity centers throughout the City and beyond. It would benefit the existing commuters and encourage new commuters by providing alternative means of transportation to the train station. A trolley service could potentially reduce vehicle demand on City streets, thereby reducing emissions and improving air quality. The city is looking for a safe, cost-effective way of achieving this goal. The City of San Juan Capistrano, in conjunction with the partner cities, intends to hire a consultant to perform the study who will be given community -wide objectives by each city relating to its individual needs, with direction to find appropriate synergies to be used in the future. Study costs would be shared equally among the three cities. 10/300, 0' �CS10603\SJC Pro ml Concent dans 0 0 AGREEMENT C-6-0815 EXHIBIT B PROJECT CONCEPT SIX-MONTH PROGRESS REPORT City/Date: A. Project Overview Progress Report Prepared By. Please include a 200-300 word description of progress to date. To the extent possible, you should describe what you are working on, your methodology, key staff and/or stakeholders, and any preliminary results. B. Project Resources Please indicate all that apply: ♦ We've been utilizing consultants (Name(s): ♦ We've been doing some or all of the work in-house ♦ We have partnerships with: (Include if not listed in Exhibit A) C. Financial Report Percentage of funding Committed Expended We foresee obstacles to completion with funding. No Yes_ If yes, please explain in attachment: Return to: Jeanne Spinner -LaMar, Manager, Local Initiative 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 Page 11 of 13 11/8/2006 0 • AGREEMENT C-6-0815 EXHIBIT C PROJECT CONCEPT FINAL REPORT OUTLINE At the conclusion of Project Concept work, all cities will submit a Final Report within days utilizing the outline below. Sections Five and Six below will constitute your proposal for the next phase of work. Summary of Project (1 page) 2. Study Questions (1 page) 3. Methodology Used 0 page) 4. Results (3-5 pages) Report against the Evaluation Criteria, i.e. financial considerations, community factors, transportation benefit. 5. Findings (4-5 pages) Your analysis of the results 6. Next Steps (5-7 pages) Identify: ■ what you wish to do next, • the methods you would use, ■ the staff, resources, and time you would need; ■ what you would expect to determine, and ■ the budget, your agency contribution, any partnerships and their contributions. Return to: Jeanne Spinner -La Mar, Manager, Local Initiatives 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 Page 12 of 13 11/8/2006 AGREEMENT C-6-0815 EXHIBIT D PROJECT CONCEPT Project Expenditures Certification SAMPLE Consultant Contract In-house Total hours charged to ; TOTAL Number "%Yrtirj ', Labor project x fully burdened I add A 8 8 1:11 92 1 hourly rate ABC 001 Sr. 500 hours x $85/hr Planner �''� , ,�' XYZ 1 002 11, Admin 1 100 x $25/hr I hereby certify that the above is a true and correct statement of the work performed and costs incurred on the Project Concept. Date Signed Title Return to: Jeanne Spinner -LaMar, Manager, Local Initiative 550 South Main Street P.O. Box 14184 Orange, CA 92863-15 Page 13 of 13 11/8/2006 • 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuancapistrano.org TRANSMITTAL TO: V IDtAA1AAAtFA e FSIAIUSAFO I 1961 1776 Kathleen Perez Section Manager — Capital Projects OCTA 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 DATE: November 29, 2006 FROM: Maria Morris, Deputy City Clerk (949) 443-6309 RE: Cooperative Agreement No. C-6-0815 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN Enclosed are three originals of the above referenced document. Please after executing send our office a fully executed original for our records. If you have questions concerning the agreement, please contact William M. Huber, Assistant City Manager (949) 443-6336. Cc: William M. Huber, Assistant City Manager San Juan Capistrano: Preserving the Past to Enhance the Future C* Printed on 100% Recycled Paper M OCTA AFFILIATED AGENCIES Orange County Trans,( District Local Transportation Authority Service Authority for Freeway Emergencies Consolidated Transportation Service Agency Congestion Management Agency Service Authority tot Abandoned Vehicles 0 March 8, 2007 Ms. Maria Morris Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto Dana Point, CA 92675 SUBJECT: AGREEMENT NO. C-6-0815 Dear Ms. Morris: Enclosed please find two (2) originals of the GO Local Cooperative Agreement for your records. Should you have any contractual related questions, please feel free to contact Kathleen Perez at (714) 560-5743 or by e-mail at kperez@octa.net. Sincerely, '' ^ JJlie Smith ffice Specialist Contract Administration and Materials Management Enclosure(s) C: Jeanne Spinner -LaMar Orange County Transportation Authority 550 South Main Street / P.O. Box 14184 /Orange / California 92863-1584 / (714) 560 -OCTA (6282) m OCTA BOARD OF DIRECTORS Arthur Brown Chairman Carolyn Cavecche Vice -Chair Peter Bulla Director Bill Campbell Director Lou Correa Director Richard T Dixon Director Michael Duvall Director Cathy Green Director Gary Monahan Director Chris Norby Director Curt Pringle Director Miguel A. Feline Director Susan Ritschel Director Mark Rosen Director James W. Silva Director Thomas W Wilson Director GregoryT Winterbottom Director Cindy Orion Governors ExOfficioMember :REF EXECUTIVE Arthur Leahy Chief Executive Officer 0 November 8, 2006 m OCTA Orange County Transportation Authority Kathleen Perez Section Manager, Capital Projects Contracts Administration & Materials Management 55o Soutn Main Street tet 714.560.5743 P.O Box 14184 fax. 714.560.5792 Orange, CA 92863-1584 ematlL kperez0octa.net Mr. William Huber Assistant City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 SUBJECT: OCTA'S COOPERATIVE AGREEMENT NO. C-6-0815 Dear Mr. Huber: Enclosed are three originals of OCTA's Cooperative Agreement No. C-6-0815 for review and signature. Please execute the three Cooperative Agreements where indicated, in blue ink and return the agreements to Kathleen Perez as soon as possible to: Kathleen Perez Section Manager - Capital Projects OCTA 550 South Main Street P.O. Box 14184 Orange, CA. 92863-1584 Should you have any contractual related questions, please feel free to contact Kathleen Perez at (714) 560-5743 or by e-mail at kperez@octa.net. Jee Smith fice Specialist Contract Administration and Materials Management Enclosure(s) Orange County Transportation Authority 55C South Main Street r PO Box 14184 /Orange/ California 92863-15841(714) 560 -OCTA (6282 NO 0 9 2006 Today's Date: 11/15/2006 • CIP No. (if any): r1 U CONTRACT TRANSMITTAL Project Manager's Last Name: Huber Council or CRA Meeting Date (if applicable): 11/21/2006 APPROVING AUTHORITY: (Check One) ❑ Mayor ❑ CRA Chair ❑ City Manager Transmittal Routing (Check All That Apply) ❑ City Attorney ❑ City Manager ® City Clerk Phone Extension: 6336 Provide (1) executed original contract for each signing party, including the City. If the agreement is to be recorded — only (1) original will be recorded with certified copies going to other parties. Please provide the mailing address of any party to receive an agreement — unless the mailing address is included within the body of the agreement: (Not necessary if information is included in the contract) NamCity St es Street Zi n a istrano CA 92675 -George Scarborough 100 Avenida Presidio San Clemente CA 92672 Doug Chotcave s 33282 Golden Lantern, #203 Dana Point CA 92629 OTHER INSTRUCTIONS: 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 (949) 493-1053 FAx www.sanjuancapistrano.org TRANSMITTAL Nlil George Scarborough, City Manager City of San Clemente 100 Avenida Presidio San Clemente, CA 92672 Doug Chotcaveys,.City Manager City of Dana Point 33282 Golden Lantern, Suite 203 Dana Point, CA 92629 {``O,,��. II[IIIt11R1 Isie1uslm � 1961 1776 DATE: March •13, 2007 FROM: Maria Morris, Deputy City Clerk (949) 443-6309 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO THOMAS W. HRISAR MARK NIELSEN JOE SOTO DR. LONDRES USO RE: OCTA Cooperative Agreement No. C-6-0815 — Downtown Trolley System Feasibility Study Enclosed for your record is copy of the above mentioned executed agreement. If you have questions concerning the agreement, please contact Bill Huber, Assistant City Manager(949)443-6336. Cc: Bill Huber, Assistant City Manager San Juan Capistrano: Preserving the Past to Enhance the Future Q* Printed on recycled paper • • 11/21/2006 D11 AGENDA REPORT TO: Dave Adams, City Manager PICA FROM: William M. Huber, Assistant City Manager SUBJECT: Consideration of Co-op Agreement for funding of Downtown Trolley System feasibility study with Orange County Transportation Authority (OCTA) City Council Priority Item #7A By motion, approve the Co-op Agreement for funding of Downtown Trolley System feasibility study with Orange County Transportation Authority (OCTA) and authorize the Mayor to execute the Agreement. A. Summary and Recommendation: History Orange County Transportation Authority (OCTA) adopted a five year program which allocated $30 Million in existing Measure M funds to study ways to increase access to Metrolink stations through partnerships with cities. OCTA developed a four step process for cities to develop their own transit vision for the future by creating transit extensions that branch from Metrolink stations. The process involves grants to interested cities to assess their needs for transit projects. • The first step in the process involves the allocation by OCTA of $100,000 to any interested city, in providing funding for a needs assessment study. The needs assessment study is to be completed by December 2007. • The second step involves the planning and alternatives analysis based on the needs assessment study. Projects would qualify on a competitive basis county wide. • The third step is project development through implementation. Projects would again qualify on a competitive basis county wide. • The fourth step would be any additional work on the Metrolink corridor to enhance the stations and transform stations onto transportation centers. Agenda Report • Page 2 l�ovember21, 2006 There also is an interest by the cities of San Clemente and Dana Point to join forces with San Juan Capistrano to jointly pursue mutually beneficial transit opportunities among the joint agencies. This provides a unique opportunity for the cities to parlay the step one funds to explore transit services of mutual interest. There are a number of benefits to a local transit system. Those benefits include: • Enhancement of the local Metrolink/Amtrak system. • Provide service to commuters, residents and tourists. • Reduction of vehicle trips and emissions. • Lessening of parking demands on the downtown. • Improved mobility. • Safe and reliable means of transportation. Aareement As indicated previously the first step is a feasibility study. OCTA is making $100,000 available to each city that requests funds for this phase. To receive the funds a Co-op agreement is necessary. That attached Agreement prepared by OCTA sets the stage for receipt and use of the funds and is their standard form agreement. Staffs as well as the City Attorney have reviewed the Agreement and recommends approval. Next Steps Staff is working with both San Clemente and Dana Point on a memorandum of understanding (MOU) that would allow the cities to partner and share funding on study elements of mutual benefit and interest to the three cities. Also staffs of the three cities are developing the request for proposals that will need to go out to initiate the feasibility study. Schedules have not been developed at this point but will be provided once we have selected the consultant for the feasibility study. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS Not applicable FINANCIAL CONSIDERATIONS The $100,000 from OCTA is expected to cover the feasibility phase. No impact is anticipated to the City General Fund. Agenda Report • November 21, 2006 Page 3 PUBLIC NOTIFICATION: Stan Wyloskowski, Chamber of Commerce George Scarborough, City Manager/San Clemente Doug Chotcaveys, City Manager/Dana Point RECOMMENDATION By motion, approve the Co-op Agreement for funding of Downtown Trolley System feasibility study with Orange County Transportation Authority (OCTA) and authorize the Mayor to sign and the City Clerk to attest said Agreement. Respectfully submitted, J William M. Huber Assistant City Manager Attachments: 1. Cooperative Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 0 is COOPERATIVE AGREEMENT NO. C- 6-0815 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SAN JUAN CAPISTRANO FOR CITY -INITIATED TRANSIT EXTENSIONS TO METROLINK THIS AGREEMENT is made and entered into this day of 2006, 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 (hereinafter referred to as "AUTHORITY"), acting on behalf of the Orange County Local Transportation Authority, and the City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California, 92675, a municipal corporation and charter city duly organized and existing under the constitution and laws of the State of California (hereinafter referred to as "CITY"). RECITALS: WHEREAS, AUTHORITY considers its railroad lines linking Los Angeles and San Diego Counties and the Inland Empire to be the core of Orange County's future rail transit system; and WHEREAS, CITY and AUTHORITY wish to work as partners to develop a community-based transit vision that increases use of Metrolink by San Juan Capistrano residents, visitors, and/or employees; and WHEREAS, the funds allocated through this program must comply with the 1990 Measure M ordinance which states in part that the intent is to provide matching funds to encourage development of extensions to major activity centers and providing access between the primary rail system and employment centers; and WHEREAS, CITY is encouraged to enter into written agreements with other cities to collaborate in some or all facets of a planning and needs assessment to support this vision; and Page 1 of 13 Attachment 1 • • AGREEMENT C-6-0815 I WHEREAS, Measure M funds have been designated for cities to study ways to accomplish 2 this; and 3 WHEREAS, CITY will develop a proposed Project Concept (further defined hereunder) which 4 will factor in, among other elements, community interests and desires; and s WHEREAS, the AUTHORITY's Board of Directors on February 27, 2006, allocated Measure 6 M funds to a program designed to enable cities that wish to develop a local transit vision including 7 defined enhancements and transit extensions to Metrolink that work best with their local 8 community's short and long-term priorities (hereinafter referred to as "GO LOCAL Step 1"); and 9 WHEREAS, CITY has completed the GO LOCAL Step 1 Project Concept form, and 10 AUTHORITY has found such concept acceptable; and 11 WHEREAS, CITY, upon AUTHORITY's execution of this Agreement, will pursue the Project 12 Concept; and 13 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as 14 follows: 15 ARTICLE 1. COMPLETE AGREEMENT 16 This Agreement, including all exhibits and documents incorporated herein and made 17 applicable by reference, constitutes the complete and exclusive statement of the terms and 18 conditions of the agreement between AUTHORITY and CITY concerning the GO LOCAL Step 1 19 work and supersedes all prior representations, understandings and communications between the 20 parties. The invalidity in whole or part of any term or condition of this Agreement shall not affect the 21 validity of the other terms or conditions. 22 / 23 / 24 / 25 / 26 / Page 2 of 13 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 0 0 AGREEMENT C-6-0815 ARTICLE 2. SCOPE A. This Agreement specifies the procedures that AUTHORITY and CITY will follow in connection with the GO LOCAL Step 1 work to be performed. CITY agrees to provide all services identified in Project Concept, identified herein as Exhibit A to this Agreement. Both AUTHORITY and CITY agree that each will cooperate and coordinate with the other in all activities covered by this Agreement and any other supplemental agreements. B. AUTHORITY s failure to insist upon CITY's performance of any terms or conditions of this Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's right to such performance or to future performance of such terms or conditions and CITY's obligation in respect to performance shall continue in full force and effect. C. Changes to any portion of this Agreement shall not be binding upon AUTHORITY unless confirmed in writing by an authorized representative of AUTHORITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement. ARTICLE 3. RESPONSIBILITIES OF AUTHORITY AUTHORITY agrees to the following responsibilities for the GO LOCAL Step 1 work: A. Payment- AUTHORITY shall pay CITY the amount identified in Article 5. PAYMENT, for the GO LOCAL Step 1 work within 30 days of receipt of acceptable invoice. Funds will not be distributed to CITY if AUTHORITY has not accepted CITY's Project Concept. CITY may resubmit an amended Project Concept for review by AUTHORITY. AUTHORITY has the sole and exclusive right to accept or reject any Project Concept. B. Should CITY not complete the services identified in Exhibit A, or does not meet the terms and conditions of this Agreement, the CITY will return to AUTHORITY all monies funded to the CITY within sixty (60) days of AUTHORITY's written demand. / Page 3 of 13 AGREEMENT C-6-0815 1 C. Additional Funding- Funding beyond what has been identified in Article 5. 2 PAYMENT, shall be pursuant to a competitive process for projects initiated by AUTHORITY at a 3 date to be determined. AUTHORITY does not guarantee that CITY will be selected to advance to 4 the any future step in the GO LOCAL process. 5 ARTICLE 4. RESPONSIBILITIES OF CITY 6 CITY agrees to the following responsibilities for GO LOCAL Step 1 work: 7 A. Lead Agency- CITY will act as the lead agency for the GO LOCAL Step 1 work. 8 However, CITY may designate pursuant to a written partnership letter of agreement that another city v participating in the GO LOCAL program is serving as lead agency. AUTHORITY shall be provided a 10 copy of this letter within ten (10) days after the agreement has been executed. 11 B. Third Party Partnerships- CITY is encouraged to collaborate with and enter into written 12 agreements with adjacent cities to advance the project consistent with the Project Concept. CITY shall 13 deliver to AUTHORITY a copy of each executed agreement within ten (10) days of execution. 14 C. Project Reporting- Within six months from the receipt of funds, CITY shall submit to 15 AUTHORITY a progress report similar to that detailed in Exhibit B, entitled "GO LOCAL Initial 16 Progress Report," attached to and, by this reference, incorporated in and made part of this 17 Agreement. CITY shall be required to produce a final written report of its findings, 18 recommendations, and next steps according to a mutually agreed upon date, but no later than the iv completion date of this Agreement. The Final Report will include the elements described in Exhibit 20 C, entitled "GO LOCAL Project Concept Final Report Outline." Exhibit C is attached to and, by this 21 reference, incorporated in and made part of this Agreement. 22 D. Use Of Funding- CITY shall use funding provided by AUTHORITY exclusively for the 23 services identified in Exhibit A. All funding released to CITY shall be spent in accordance with Local 24 Transportation Ordinance Number 2: The Revised Orange County Traffic Improvement and Growth 25 Management Ordinance. If CITY fails to develop and/or pursue the Project Concept in accordance 26 with said Ordinance, or the CITY uses the Funds to support or facilitate acquisition of property Page 4 of 13 1 2 3 4 5 6 7 8 9 10 u 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • C� AGREEMENT C-6-0815 through eminent domain or as matching funds to implement land development, all monies funded to the CITY shall be returned to AUTHORITY within sixty (60) days of AUTHORITY's written demand. AUTHORITY shall have sole discretion in determining whether the Project Concept has been developed and/or pursued in accordance with said Ordinance. AUTHORITY may terminate this Agreement, in whole or part, if the AUTHORITY determines in its sole discretion that CITY has utilized funds in a manner leading to use of eminent domain powers. Upon AUTHORITY's determination and written request, CITY shall return all monies in accordance with this Article. E. Third Party Work- CITY shall deliver to AUTHORITY a copy of each executed agreement and scope of work for services to be performed by third parties in fulfillment of the Project Concept within thirty (30) days after the agreement has been executed. F. Conduct- CITY shall conduct all of its activities in association with GO LOCAL Step 1 in a good and competent and professional manner and in compliance with all applicable federal, state and local rules and regulations. G. Modeling—CITY shall utilize existing AUTHORITY modeling results to ensure that project results are compatible with AUTHORITY planning efforts. AUTHORITY shall make modeling available. ARTICLE 5. PAYMENT A. For CITY's full and complete performance of its obligations under this Agreement and subject to the maximum cumulative payment obligation provisions set forth in this Agreement, AUTHORITY shall pay CITY the not to exceed lump sum amount of One Hundred Thousand Dollars ($100,000.00) within thirty (30) days after execution of this Agreement and upon receipt of acceptable invoice. / / 9 Page 5 of 13 AGREEMENT C-6-0815 I B. As a supplement to the Final Report, CITY shall submit to AUTHORITY a Project 2 Expenditures Certification, as detailed in Exhibit D, which is attached to this Agreement, and 3 incorporated by reference, for work performed under this Agreement. The Certification shall include, 4 but not be limited to, period of performance, actual expenses; classification, hours and rates of in- s house personnel, vendors, contractors, for work performed exclusively for the GO LOCAL Step 1 6 phase. Additionally, CITY may be required to submit this information to the AUTHORITY at any time 7 during the performance of this Agreement. CITY will be required to submit to AUTHORITY all 8 information requested within thirty (30) days from AUTHORITY's request. v ARTICLE 6. MAXIMUM OBLIGATION 10 Notwithstanding any provisions of this Agreement to the contrary, AUTHORITY and CITY » agree that AUTHORITY's maximum cumulative payment obligation hereunder (including CITY's 12 direct and indirect costs) shall be One Hundred Thousand Dollars ($100,000.00) which shall include 13 all amounts payable incurred solely for the purposes of the GO LOCAL Step 1 work. 14 ARTICLE 7. AUDIT AND INSPECTION 15 CITY shall maintain a complete set of records in accordance with generally accepted 16 accounting principles and in accordance with Local Transportation Ordinance Number 2: The 17 Revised Traffic Improvement and Growth Management Ordinance. The original records shall be r8 maintained within the CITY limits. Upon reasonable notice, CITY shall permit the authorized 19 representatives of the AUTHORITY to inspect and audit all work, materials, payroll, books, accounts 20 and other data and records of CITY for a period of not less than four (4) years after final payment, or 21 until any on-going audit is completed whichever is longer. For purposes of audit, the date of 22 completion of this Agreement shall be the date of AUTHORITY's payment for CITY's final billing (so 23 noted on the invoice) under this Agreement. AUTHORITY shall also have the right to reproduce any 24 documents related to this Agreement by whatever means necessary. 25 / 26 / Page 6 of 13 1 z 3 4 5 6 7 8 9 So 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 11 0 AGREEMENT C-8-0815 ARTICLE B. INDEMNIFICATION CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, employees and agents from and against any and all claims (including attorney's fees and reasonable 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 caused by the negligent acts, omissions or willful misconduct by CITY, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement. ARTICLE 9. ADDITIONAL PROVISIONS: The AUTHORITY and CITY agree to the following mutual responsibilities: A. Term of Agreement- This Agreement shall continue in full force and effect through December 31, 2007, unless terminated by mutual written consent by both Parties. The term of this Agreement may only be extended upon mutual written agreement by both Parties. B. Termination- The AUTHORITY may terminate this Agreement for its convenience any time, in whole or part, by giving CITY written notice thereof. C. Modifications- This Agreement may be amended in writing at any time by the mutual consent of both Parties. No amendment shall have any force or effect unless executed in writing by both AUTHORITY and CITY. D. Legal Authority AUTHORITY and CITY hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that, by so executing this Agreement, the Parties hereto are formally bound to the provisions of this Agreement. E. Notices- Any notices, requests or demands made between the parties pursuant to this Agreement are to be directed as followed: / / Page 7 of 13 1 11 To CITY: 2 3 4 5 6 7 e 9 io u 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 • City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: William Huber, Assistant City Manager E AGREEMENT C-6-0815 To AUTHORITY: Orange County Transportation Authority 550 South Main Street P. O. Box 14184 Orange, CA 92863-1584 Attention: Kathleen Murphy -Perez, Section Manager, Capital Projects (714/560-5743); kperez@octa.net c: Paul Taylor, Executive Director, Development Division F. Severability- If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder to this Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. G. Counterparts of Agreement- This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same agreement. Facsimile signatures will be permitted. H. Force Majeure Either Party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from perfonning by an unforeseeable cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the other party; when satisfactory evidence of such cause is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the Parry not performing. Page 8 of 13 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 0 0 AGREEMENT C-6-0815 I. Assignment- Neither this Agreement, nor any of a Party's rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either Party without the prior written consent of the other Party. Any such attempt of assignment shall be deemed void and of no force and effect. Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. J. Obligations Comply with Law- Nothing herein shall be deemed nor construed to authorize or require any Party to issue bonds, notes or other evidences of indebtedness under terms, in amounts, or for purposes other than as authorized by local, State or Federal law. K. Governing Law- The laws of the State of California and applicable Federal, State, local laws, regulations and guidelines shall govern hereunder. This Agreement shall be made effective upon execution by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-6-0815 to be executed on the date first above written. CITY SAN JUAN CAPISTRANO Bv: David M. Swerlin Mayor ATTEST: Bv: Margaret M. Monahan City Clerk ORANGE COUNTY TRANSPORTATION AUTHORITY 21 Arthur T. Leahy Chief Executive Officer APPROVED AS TO FORM: M Kennard R. Smart, Jr. General Counsel APP7V A TO FORM: By: Joh R. Shaw City Attorney By: Dated: APPROVAL RECOMMENDED: Paul Taylor, Executive Uirector Development Division Page 9 of 13 0 AGREEMENT C-8-0815 EXHIBIT A PROJECT CONCEPT To qualify for funds your city project must focus on assessing ways to provide transit connections to Metrolink. Complete the Project Concept, and return with the Cooperative A. Study Type Project Concept assessments can cover or study any of the following topics. Please review the descriptions below and indicate the type of analysis you expect to perform by placing an (x) next to one (or more) of the following: Needs Assessments What are the transit needs? Identify populations, congestion areas, etc. Coordinating Transit and Land Use How can a transit project support your city's land use planning policies/projects and vice versa? Route Planning Existing data has identified activity centers, populations or congestion hot spots which warrant transit service. What are possible routes and types of transit? Public policy /public support Does the community support transit as evidenced by land use designations and the commitment of local stakeholders? Project Concepts Does the city have one or more general transit concepts which it would like to explore more fully in a detailed technical analysis? Make your own case Is there a concept that addresses a need in your city that you would like the Board of Directors to consider? Is this need consistent with the Measure M requirements that funds be spent on transit -related purposes to extend the reach of Metrolink? B. Project Overview Please include a 250 to 300 word overview of your Project Concept. C. Partners Please attach any letters of agreements, which identify other jurisdictions participating in this Project Concept, and your respective roles (see Checklist on Website). Page 10 of 13 0 0 AGREEMENT C-6-0815 PROJECT CONCEPT SIX-MONTH PROGRESS REPORT City/Date: A. Project Overview Progress Report Prepared By Please include a 200-300 word description of progress to date. To the extent possible, you should describe what you are working on, your methodology, key staff and/or stakeholders, and any preliminary results. B. Project Resources Please indicate all that apply: ♦ We've been utilizing consultants (Name(s): ♦ We've been doing some or all of the work in-house ♦ We have partnerships with: (Include if not listed in Exhibit A) C. Financial Report Percentage of funding Committed Expended We foresee obstacles to completion with funding. No Yes! If yes, please explain in attachment: Return to: Jeanne Spinner -LaMar, Manager, Local Initiative 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 Page 11 of 13 11/8/2008 0 AGREEMENT C-6-0815 PROJECT CONCEPT FINAL REPORT OUTLINE At the conclusion of Project Concept work, all cities will submit a Final Report within days utilizing the outline below. Sections Five and Six below will constitute your proposal for the next phase of work. 1. Summary of Project (1 page) 2. Study Questions (1 page) 3. Methodology Used (1 page) 4. Results (3-5 pages) Report against the Evaluation Criteria, i.e. financial considerations, community factors, transportation benefit. 5. Findings (4-5 pages) Your analysis of the results 6. Next Steps (5-7 pages) Identify: ■ what you wish to do next, ■ the methods you would use, ■ the staff, resources, and time you would need; ■ what you would expect to determine, and ■ the budget, your agency contribution, any partnerships and their contributions. Return to: Jeanne Spinner -La Mar, Manager, Local Initiatives 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 Page 12 of 13 11/8/2006 0 0 AGREEMENT C-6-0815 EXHIBIT D PROJECT CONCEPT Project Expenditures Certification SAMPLE Consultant Contract In-house Total hours charged to TOTAL Number Labor project x fully burdened add A& B hourly rate ABC 001 Sr. 500 hours x $85/hr r'Ift-``=Fz-�illllllllll r I hereby certify that the above is a true and correct statement of the work performed and costs incurred on the Project Concept. Date Signed Title Return to: Jeanne Spinner -LaMar, Manager, Local Initiative 550 South Main Street P.O. Box 14184 Orange, CA 92863-15 Page 13 of 13 11/8/2008 0 32400 PASEO ADEI ANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX WWW sanjuancaptstrano. org fit► d«ao 1,,�CS�yy' IB[RRRBAAtEB • CST Aeusem � 1961 1776 MEMBERS OF THE CITY COUNCIL NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN The City Council of San Juan Capistrano will meet at 7:00 p.m. on November 21, 2006 in the City Council Chamber in City Hall, to consider: "Consideration of Co-op Agreement for funding of Downtown Trolley System Feasibility study with Orange County Transportation Authority (OCTA) City Council Priority Item VA" — Item No. D11. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, November 20, 2006 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member William M. Huber, Assistant City Manager. You may contact that staff member at (949) 949-443-6336 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancaoistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-agendas(cDsanivancaoistrano.org. Meg Monahan, CMC City Clerk cc: Stan Wyloskowski, Chamber of Commerce; George Scarborough, City Manager/San Clemente; Doug Chotcaveys, City Manager/ Dana Point; William M. Huber, Assistant City Manager * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on 100% Recycled Paper , Message • • Page 1 of 2 Maria Morris From: Maria Morris Sent: Tuesday, March 13, 2007 1:18 PM To: 'Kathleen Perez' Subject: RE: Agreement No. C-6-0815 0 We don't need it. I will shred it. Thank you!! Maria Morris Deputy City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6309 (949) 493-1053 -Fax -----Original Message ----- From: Kathleen Perez [mailto:KPerez@octa.net] Sent: Tuesday, March 13, 2007 1:15 PM To: Maria Morris Subject: RE: Agreement No. C-6-0815 No problem- Please let me know. If the second original is not required, feel free to dispose of it. Regards, Kathleen Murphy -Perez Section Manager -Capital Projects Contracts Administration and Materials Management 714-560-5743 kperez@octa.net -----Original Message ----- From: Maria Morris[mailto:MMorris@San]uanCapistrano.org] Sent: Monday, March 12, 2007 4:20 PM To: Kathleen Perez Subject: Agreement No. C-6-0815 Hi Kathleen, Our office received two originals of the above mentioned agreement; one of them is not signed by your General Counsel, Kenneth R. Smart, Jr. I'm not sure why we get two originals. I will ask the project manager to see if there's a need for the extra agreement, if so I will be sending it back to your office for his signature. Thank you!! Maria Morris Deputy City Clerk 3/13/2007 Message • . Page 2 of 2 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6309 (949) 493-1053 -Fax 3/13/2007