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1995-0818_OC TRANSPORTATION AUTHORITY_Transmittal Amd 15 to OCTA32400 PASCO ADE"WO SAN JUAN CAPISTRANO, CA 92675 (949) 4931171 (949) 4931053 F" Mmm•..sa,yuancaplslrano.org TRANSMITTAL TO: Trisha Krinke Orange County Transportation Authority 550 South Main Street PO Box 14184 Orange, CA 92863-1584 MEMBERS OF THE CITYCOUNCIL SAM N.IEVATO (AURA FR ESE URRYNRAMER DEREK REEVE JOHN TMM DATE: November 26, 2012 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 RE: Amendment No. 15 to Agreement No. C-95-989 Two original agreements are enclosed. Once the final signatures are received, please return 1 original agreement to the City of San Juan Capistrano, City Clerk's Office. Thank you. If you have questions concerning the agreement, please contact Alan Oswald, Senior Engineer — Traffic at (949) 443-6356. Cc: Alan Oswald, Senior Engineer — Traffic San Juan Capistrano: Preserving the Past to Enhance the Future C�i c,lme�Ioon ,.r.Yaae reoa 1 2 3 4 5 6 7 a 9 10 11 12 13 14 is 16 17 1s 19 20 21 22 23 24 25 26 AMENDMENT NO. 15 TO AGREEMENT NO. C-95-989 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SAN JUAN CAPISTRANO FOR COMBINED TRANSPORTATION FUNDING PROGRAMS PROJECT THIS AMENDMENT NO. 15 is effective this day of , 2012, by and between the Orange County Transportation Authority, a public corporation of the State of California (hereinafter referred to as "AUTHORITY"), and City of San Juan Capistrano, a municipal corporation (hereinafter referred to as "AGENCY'). WITNESSETH: WHEREAS, by Agreement No. C-95-989 dated August 18, 1995, as last changed by Amendment No. 14 dated October 14, 2008, AUTHORITY and AGENCY entered into an agreement which determined that AGENCY was eligible to receive funding under the Combined Transportation Funding Programs (CTFP) as specified in the CTFP Manual and also the Bicycle and Pedestrian Facilities Program; and WHEREAS, AUTHORITY is updating the audit language with no change to the maximum cumulative obligation; and NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and AGENCY that Agreement No. C-95-989 is hereby amended in the following particulars only: 1. Amend Item 5, page 2 of 3, lines 18 through 23, to delete in its entirety and replace with: "5. Upon close-out of each PROJECT(s) under this Agreement and before final payment is processed, AUTHORITY, or other agents of AUTHORITY, may perform a technical and or field review to ensure that CTFP policies and procedures were followed. In addition, an independent audit may be L:%CAMMICLERICAL%WORD PROC%AGREE%AMENDIAM 1596969.DOC Page 1 of 2 r 2 a 4 S 6 7 17 1a 19 20 21 22 22 24 ® 25 26 AMENDMENT NO. 15 TO AGREEMENT NO. C-95-989 performed within 5 years of AUTHORITY releasing the final payment for each PROJECT(s). If the audit determines that any of the activities performed are ineligible for CTFP funding or did not comply with CTFP policies and procedures, AGENCY shall return the amount of funding used to perform ineligible activity to AUTHORITY." The balance of Agreement No. C-95-989 remains unchanged. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 15 to Agreement No. C-95-989 to be effective as of the date first above written. CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY TRANSPORTATION AUTHORITY ByrZ By: Larry Kramer Meana Katakia Manager, Capital Projects City Clerk APPROVED S TO FORM: By: Hans Van Ligten City Attorney Dated fW , 11 ,U) L1CN CLERICP%WOROPROCWGREE"ENDAM1595989 DOC APPROVED AS TO FORM: By: Kennard R. Smart, Jr. General Counsel Page 2 of 2