HomeMy WebLinkAboutOrange County Transportation Authority - OCTA - 2014-06-16 AARP,piMb 6 -o
City of Huntington Beach
File #: 21-520 MEETING DATE: 7/20/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Sean Crumby, Director of Public Works
Subject:
Approve and authorize execution of Amendment No. 1 to Cooperative Agreement No. C-3-1845
with Orange County Transportation Authority (OCTA) for Project V Community Based
Transit/Circulators
Statement of Issue:
On July 3, 2014, the City entered into a Cooperative Agreement with OCTA for a Project V grant to
partially fund the Fourth of July and U.S. Open shuttle services. Due to the COVID-19 pandemic, the
shuttle services were not used in 2020 and 2021. The original agreement expired on March 31,
2021. This amendment extends the agreement to March 31, 2023, which will allow the City to
receive funding for Summer 2022 shuttle service.
Financial Impact:
Since 2014, the grant has provided over $34,000 to supplement the shuttle services. The City's
matching funds will be included in the Fiscal Year 2022/23 budget submittal in the AQMD fund.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute, "Amendment No. 1 to Cooperative
Agreement No. C-3-1845 Between Orange County Transportation Authority and the City of
Huntington Beach for Project V Community Based Transit/Circulators (Project No. 14-HBCH-CBT-
3743).-
Alternative Actionfs):
Do not approve this amendment and direct staff accordingly. This would result in the City forfeiting
the available grant funds.
Analysis:
The City of Huntington Beach entered into a Cooperative Agreement with OCTA on July 3, 2014, for
a Project V grant to partially fund the Fourth of July and U.S. Open shuttle services. Per the original
agreement, OCTA will provide eight dollars ($8.00) per boarding, or seventy percent (70%) of the
operating cost, whichever is lower. Since 2014, OCTA has provided over $34,000 to supplement
City of Huntington Beach Page 1 of 2 Printed on 7/142021
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File #: 21-520 MEETING DATE: 7/20/2021
shuttle services, with matching funds coming from the Air Quality Management District (AQMD) fund.
The shuttle services were not in effect for the years of 2020 and 2021 , due to the COVID-19
pandemic. The original agreement expired on March 31, 2021 . This amendment would extend this
agreement to March 31 , 2023.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Community Engagement
COVID-19 Response
Attachment(§):
1. Amendment No. 1 to Cooperative Agreement No. C-3-1845
2. Cooperative Agreement No. C-3-1845 between Orange County Transportation Authority and
City of Huntington Beach for Project V Community Based Transit/Circulators
City of Huntington Beach Page 2 of 2 Printed on 7/14/2021
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1 AMENDMENT NO. 1 TO
2 COOPERATIVE AGREEMENT NO. C-3-1845
3 BETWEEN
4 ORANGE COUNTY TRANSPORTATION AUTHORITY
5 AND
6 CITY OF HUNTINGTON BEACH
7 FOR PROJECT V COMMUNITY-BASED TRANSIT/CIRCULATORS
8 (PROJECT NO. 14-HBCH-CBT-3743)
9 This Amendment No. 1 is effective this 1"day of April, 2021, by and between the Orange County
10 Transportation Authority (hereinafter referred to as "AUTHORITY") and the City of Huntington Beach
11 (hereinafter referred to as "CITY") (mutually referred to herein as "PARTIES" or each individually as
12 "PARTY").
13 WITNESSETH:
14 WHEREAS, by Cooperative Agreement No. C-3-1845 ("Agreement") effective July 3, 2014,
15 AUTHORITY and CITY entered into a Cooperative Agreement to define the roles and responsibilities
16 related to funding between AUTHORITY and CITY for the operating subsidy funds for the shuttle services
17 for the 40 of July and US open event (herein after referred to as "PROJECT"), further defined by the
18 project description provided by CITY in accordance with its application submittal dated March 28, 2013,
19 incorporated herein by reference; and
20 WHEREAS, AUTHORITY and CITY agree to extend the contract term at no increase in the
21 operating subsidy not-to-exceed amount;
22 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY that
23 Cooperative Agreement No. C-3-1845 is hereby amended in the following particulars only:
24 Amend ARTICLE 9. ADDITIONAL PROVISIONS, to make the fallowing changes:
25 a. Page 8 of 11, line 6, to delete"March 31, 2021" as the expiration date and in lieu
26 thereof insert"March 31, 2023."
Page 7 of 2
AMENDMENT NO. 1 TO
COOPERATIVE AGREEMENT NO. C-3-1845
1 IN WITNESS WHEREOF,the parties hereto have caused this Amendment No. 1 to Cooperative
2 Agreement No. C-3-1845 to be executed as of the date of the last signature below.
3 CITY OF HUNTINGTON BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY
4
\�6
5 ey C 1, By:
Kim Carr Georgia Martinez
6 City Ma or Department Manager, Contracts and Procurement
Jul 26. 2 ,21
Dated: a �- Dated:
8
9 ATTEST: APPROVED AS TO FORM
10
11 B By: � 94 a
Y
12 F�obin Estanislau James Donich
City Clerk General Counsel
13 � �?Oa/ Dated:
Dated:
14 APPROVED AS TO FORM:
15
16 By
17 -qN1i aeI E. Gates
City Attorney
18
19 Dated:
20
21
22
23
24
25
26
Pai
City of Huntington Beach
- -= 2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 • 1,v�vw.huntingtonbeachca.gov
Office of the City Clerk
Robin Estanislau, City Clerk
July 26, 2021
Orange County Transportation Authority
Contracts Administration and Materials Management
Attn: Kevin Ignacio
600 South Main Street
PO Box 14184
Orange, CA 92863-1584
Dear Mr. Ignacio:
Enclosed is a partially executed original of the "Amendment No. 1 to Cooperative
Agreement No. C-3-1845 between Orange County Transportation Authority and City of
Huntington Beach for Project V Community-Based Transit/Circulators (Project No. 14-
HBCH-CBT-3743)" approved by the Huntington Beach City Council on July 20, 2021.
Upon complete execution, please return a copy of the fully executed agreement with the
Agreement number to us so we can provide the insurance. Please mail the Agreement to:
Robin Estanislau
City Clerk
2000 Main Street, 2nd Floor
Huntington Beach CA 92648
Your attention to this matter is greatly appreciated.
Sincerely,
Robin Estanislau, CIVIC
City Clerk
RE:ds
Enclosures
Sister Cities: Anjo, Japan • Waitakere, New Zealand
1 COOPERATIVE AGREEMENT NO. C-3-1845
2 BETWEEN
3 ORANGE COUNTY TRANSPORTATION AUTHORITY
4 AND
5 CITY OF HUNTINGTON BEACH
6 FOR
7 PROJECT V COMMUNITY- BASED TRANSIT/CIRCULATORS
8 THIS COOPERATIVE AGREEMENT, is effective this -3 day of
9 2014, by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box
10 14184, Orange, California 92863-1584, a public corporation of the State of California (hereinafter
11 referred to as "AUTHORITY"), and the City of Huntington Beach, 2000 Main Street, Huntington Beach,
12 California 92606, a municipal corporation (hereinafter referred to as "CITY") (mutually referred to herein
13 as "PARTIES" or each individually as a "PARTY").
14 RECITALS:
15 WHEREAS, AUTHORITY and CITY desire to enter into a Cooperative Agreement to define the
16 roles and responsibilities related to funding between AUTHORITY and CITY for the operating subsidy
17 funds for shuttle services for the 0 of July and US Open event (hereinafter referred to as "PROJECT"),
18 further defined by the project description provided by CITY in accordance with its application submittal
19 dated March 28, 2013, incorporated herein by reference; and
20 WHEREAS, AUTHORITY's Board of Directors approved the Renewed Measure M (M2)
21 Eligibility Guidelines - Local Agency Preparation Manual on January 25, 2010 and subsequent
22 amendments, most recently on June 10, 2013; and
23 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 M2 Eligibility Guidelines - Local Agency
26 Preparation Manual and the CTFP Guidelines whereby the most recent update is incorporated herein
Page 1 of 11
259
COOPERATIVE AGREEMENT NO. C-3-1845
1 by reference; and
2 WHEREAS, AUTHORITY and CITY agree that M2 funding is subject to CITY fulfilling
3 M2 eligibility requirements; and
4 WHEREAS, AUTHORITY and CITY agree that PROJECT must adhere to the CTFP Guidelines
5 precepts except where specific instruction is provided through Project V Guidelines or within this
6 Cooperative Agreement; and
7 WHEREAS, AUTHORITY and CITY agree that CITY will contract directly with service provider
8 to operate shuttle service; and
9 WHEREAS, CITY's bus service is fixed-route, open to the public, and fully accessible for
10 persons with disabilities in compliance with the Americans with Disabilities Act; and
11 WHEREAS, AUTHORITY has agreed to provide Project V funding in the amount not-to-exceed
12 Ninety Three Thousand Two Hundred Eighty Seven Dollars ($93,287) for up to seven years of
13 operating subsidy for two special event shuttle services consistent with operating statistics as defined in
14 the CTFP Guidelines, and
15 WHEREAS, CITY has agreed to provide thirty percent (30%) required local match of Thirty Nine
16 Thousand, Nine Hundred Eighty Dollars ($39,980) for operating match for up to seven years in
17 accordance with Exhibit A: Huntington Beach Project V Estimated Funding Schedule subject to
18 performance requirements and AUTHORITY funding limitations; and
19 WHEREAS, this Cooperative Agreement defines the specific terms, conditions, roles and
20 funding responsibilities between AUTHORITY and CITY for PROJECT; and
21 WHEREAS, CITY's Council approved this Cooperative Agreement on this day of
22 dfk___� 2014; and ! �-
23 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as
24 follows:
25 /
26 /
Page 2 of 11
260
COOPERATIVE AGREEMENT NO. C-3-1845
1 ARTICLE 1. COMPLETE AGREEMENT
2 A. This Agreement, including any attachments incorporated herein and made applicable
3 by reference, constitutes the complete and exclusive statement of the term(s) and condition(s) of this
4 Agreement between PARTIES and it supersedes all prior representations, understandings, and
5 communications. The invalidity in whole or in part of any term or condition of this Agreement shall
6 not affect the validity of other term(s) or condition(s) of this Agreement. The above referenced
7 Recitals are true and correct and are incorporated by reference herein.
8 B. AUTHORITY's failure to insist on any instance(s) of CITY's performance of any
9 term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of
10 AUTHORITY's right to such performance or to future performance of such term(s) or condition(s),
11 and CITY's obligation in respect thereto shall continue in full force and effect. Changes to any
12 portion of this Agreement shall not be binding upon AUTHORITY except when specifically confirmed
13 in writing by an authorized representative of AUTHORITY by way of a written amendment to this
14 Agreement and issued in accordance with the provisions of this Agreement.
15 C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any
16 term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of
17 CITY's right to such performance or to future performance of such term(s) or condition(s), and
18 AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any
19 portion of this Agreement shall not be binding upon CITY except when specifically confirmed in
20 writing by an authorized representative of CITY by way of a written amendment to this Agreement
21 and issued in accordance with the provisions of this Agreement.
22 ARTICLE 2. SCOPE OF AGREEMENT
23 This Agreement specifies the terms and conditions, roles and responsibilities of the PARTIES
24 as they pertain to the subjects and PROJECT addressed herein. Both AUTHORITY and CITY agree
25 that each will cooperate and coordinate with the other in all activities covered by this Agreement and
26 any other supplemental agreements, including Letter Agreements, which may be required to facilitate
Page 3 of 11
261
COOPERATIVE AGREEMENT NO. C-3-1845
1 purposes thereof.
2 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
3 AUTHORITY agrees to the following responsibilities for PROJECT:
4 A. Upon invoice, to provide CITY operating subsidy in the amount not to exceed Ninety
5 Three Thousand Two Hundred Eighty Seven Dollars ($93,287) for up to seven years consistent with
6 Exhibit A: Huntington Beach Project V Estimated Funding Schedule. Operating subsidy will be no more
7 than eight dollars ($8.00) per boarding consistent with Exhibit A or seventy percent (70%) of operations
8 and maintenance costs whichever is lower.
9 B. To provide funding in accordance with the Board-approved Project V guidelines and
10 funding may be discontinued in the event that the minimum performance standards are not met.
11 C. In the event that the minimum performance standards are not met after one year of
12 service and maintained every year thereafter AUTHORITY to provide sixty (60) days' notice to CITY
13 that support for service will be discontinued.
14 ARTICLE 4. RESPONSIBILITIES OF CITY
15 CITY agrees to the following responsibilities for PROJECT:
16 A. To provide eligible local match funds in the amount of thirty percent (30%) of required
17 Operation and Maintenance (O&M) cost in accordance with Exhibit A: Huntington Beach Project V
18 Estimated Funding Schedule OR balance of net operations and maintenance costs after AUTHORITY
19 has paid eight dollars ($8) per boarding and inflated annually consistent with Exhibit A, whichever is
20 greater.
21 B. If CITY receives operating subsidy from any other non-AUTHORITY source, CITY will
22 not invoice AUTHORITY for the amount received from the other non-AUTHORITY source(s).
23 C. CITY will notify AUTHORITY regarding any non-AUTHORITY revenues received for the
24 PROJECT and AUTHORITY funds may not pay for services already supported through these non-
25 AUTHORITY revenues.
26 /
Page 4 of 11
262
COOPERATIVE AGREEMENT NO. C-3-1845
1 D. CITY shall provide to AUTHORITY actual Revenue Vehicle Miles, Boardings, and O&M
2 Cost related to PROJECT service within sixty (60) days of each event-
3 E. CITY shall act as the lead agency for operations, maintenance, and management of
4 PROJECT.
5 F. CITY service shall meet minimum standard of 10 boardings per revenue vehicle hour,
6 which must be achieved within the first 12 months of operation and every year thereafter.
7 G. CITY shall provide separate and distinct cost accounting for shuttle services for the 4'" of
8 July and for the US Open event.
9 H. CITY may request a time extension beyond seven years to use any operating funds not
10 used and available at the end of the initial seven (7) year term.
11 I. To notify AUTHORITY of any non-AUTHORITY revenues received for the PROJECT.
12 J. To include and identify any non-AUTHORITY or grant revenues received along with any
13 requirements associated with external fund sources for the PROJECT in payment to AUTHORITY for
14 local match.
15 K. CITY will invoice AUTHORITY within sixty (60) days of each event consistent with
16 ARTICLE 5. CITY REQUEST FOR REIMBURSEMENT.
17 ARTICLE 5. CITY REQUEST FOR REIMBURSEMENT
18 A. CITY shall contribute matching funds, as is specified within this Agreement in ARTICLE
19 4, Paragraph A, toward the actual costs of PROJECT.
20 B. CITY shall invoice AUTHORITY within sixty (60) days of each event and submit to
21 AUTHORITY an invoice as specified in Exhibit B: Operations & Maintenance Invoice, and supporting
22 documentation included in this Agreement, which is incorporated into and made part of this Agreement.
23 CITY's invoice shall include allowable PROJECT costs incurred and paid for by CITY consistent with
24 the PROJECT's Scope of Work. The invoice submitted by CITY shall be signed by an authorized agent
25 who can duly certify the accuracy of the included information. Advance payments by AUTHORITY are
26 not allowed.
Page 5 of 11
263
COOPERATIVE AGREEMENT NO. C-3-1845
1 C. The invoice must be submitted on CITY's letterhead.
2 D. The invoice shall be submitted by CITY and in duplicate to AUTHORITY's Accounts
3 Payable Office. Each invoice shall include the following information:
4 a. Agreement Number C-3-1845;
5 b. The total of PROJECT expenditures shall specify the percent and amount to be
6 reimbursed which shall not exceed Seventy Percent (70%) of O&M or the balance of net operations
7 and maintenance costs after AUTHORITY has paid eight dollars ($8) per boarding, in accordance with
8 Exhibit A: Huntington Beach Project V Estimated Funding Schedule. In addition, if CITY receives
9 operating subsidy from any non-AUTHORITY source, CITY will not invoice AUTHORITY for the amount
10 received from the other non-AUTHORITY source(s). Supporting documentation for all expenses must
11 be provided including invoices.
12 C. Adequate detail describing all work completed.
13 d. Documentation providing evidence that the contractor has been paid by CITY.
14 e. Per Exhibit B: Operations & Maintenance Invoice, each invoice for O&M subsidy
15 will include the following operating statistics for the fiscal year (July 1 through June 30) to date:
16 Revenue Vehicle Hours, Total Boardings, Boardings per Revenue Vehicle Hour, Operating Costs, Net
17 Operating Costs (Costs less fares), Reimbursement per Net Operating Costs, and Reimbursement per
18 Boarding.
19 f. Such other information as requested by AUTHORITY.
20 E. Total payments by AUTHORITY shall not exceed the Funding Amount specified in
21 ARTICLE 3, Paragraph A above.
22 F. CITY shall submit final invoice no later than ninety (90) days after final acceptance of
23 PROJECT.
24 ARTICLE 6. DELEGATED AUTHORITY
25 The actions required to be taken by CITY in the implementation of this Agreement are
26 delegated to its Director of Public Works, or his/her designee, and the actions required to be taken by
Page 6 of 11
254
COOPERATIVE AGREEMENT NO. C-3-1845
1 AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief Executive
2 Officer, or designee.
3 ARTICLE 7. AUDIT AND INSPECTION
4 AUTHORITY and CITY shall maintain a complete set of records in accordance with generally
5 accepted accounting principles. Upon reasonable notice, CITY shall permit the authorized
6 representatives of AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, and
7 other data and records of CITY for a period of five (5) years after final payment, or completion of audit
8 by AUTHORITY, or after final payment of debt service, whichever is longer. For purposes of audit, the
9 date of completion of this Agreement shall be the date of AUTHORITY's payment of CITY's final billing
10 under this Agreement. AUTHORITY shall have the right to reproduce any such books, records, and
11 accounts. The above provision with respect to audits shall extend to and/or be included in contracts with
12 CITY's contractor(s).
13 ARTICLE 8. INDEMNIFICATION
14 A. To the fullest extent permitted by law, CITY shall defend (at CITY's sole cost and
15 expense with legal counsel reasonably acceptable to AUTHORITY), indemnify, protect, and hold
16 harmless AUTHORITY, its officers, directors, employees, and agents (collectively the "Indemnified
17 Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs,
18 judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses
19 including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising
20 from injuries to or death of persons (CITY's employees included), for damage to property, including
21 property owned by AUTHORITY, or from any violation of any federal, state, or local law or ordinance,
22 alleged to be caused by the negligent acts, omissions or willful misconduct of CITY, its officers,
23 directors, employees or agents in connection with or arising out of the performance of this Agreement.
24 B. In the event CITY hires a contractor to perform business related to this agreement,
25 Contractor shall be required to list AUTHORITY as an additional insured under the insurance policies
26 related to the Agreement as appropriate.
Page 7 of 11
265
COOPERATIVE AGREEMENT NO. C-3-1845
1 C. The indemnification and defense obligations of this Agreement shall survive its
2 expiration or termination-
3 ARTICLE 9. ADDITIONAL PROVISIONS
4 PARTIES agree to the following mutual responsibilities:
5 A. Term of Agreement: This Agreement shall continue in full force and effect on an annual
6 basis subject to meeting minimum performance standards of ridership or March 31, 2021, whichever is
7 later. This Agreement may only be extended upon mutual agreement by both parties.
8 B. Termination for Convenience: Either PARTY may terminate this Agreement for its
9 convenience by providing thirty (30) days' prior written notice of its intent to terminate for convenience to
10 the other PARTY.
11 C. Amendments: This Agreement may be amended in writing at any time by the mutual
12 consent of both PARTIES. No amendment shall have any force or effect unless executed in writing by
13 both PARTIES.
14 D. PARTIES shall comply with all applicable federal, state, and local laws, statues,
15 ordinances and regulations of any governmental authority having jurisdiction over the PROJECT.
16 E. Legal Authority: PARTIES hereto consent that they are authorized to execute this
17 Agreement on behalf of said PARTIES and that; by so executing this Agreement, all PARTIES hereto
18 are formally bound to the provisions of this Agreement.
19 F. Severability: If any term, provision, covenant or condition of this Agreement is held to be
20 invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the
21 remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or
22 condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
23 G. Counterparts of Agreement: This Agreement may be executed and delivered in any
24 number of counterparts, each of which, when executed and delivered shall be deemed an original and
25 all of which together shall constitute the same agreement. Facsimile and electronic signatures will be
26 permitted.
Page 8 of 11
266
COOPERATIVE AGREEMENT NO. C-3-1845
1 H. Force Maieure: Each of the PARTIES shall be excused from performing its obligations
2 under this Agreement during the time and to the extent that it is prevented from performing by an
3 unforeseeable cause beyond its control, including but not limited to, any incidence of fire, flood, acts of
4 God; commandeering of material, products, plants or facilities by the federal, state or local government;
5 national fuel shortage; or a material act or omission by the other PARTY, when satisfactory evidence of
6 such cause is presented to the other PARTY, and provided further that such nonperformance is
7 unforeseeable, beyond the control and is not due to the fault or negligence of the PARTY not
8 performing.
9 I. Assignment: Neither this Agreement, nor any of the PARTIES' rights, obligations,
10 duties, or authority hereunder may be assigned in whole or in part by any party without the prior written
11 consent of the other parties in their sole and absolute discretion. Any such attempt of assignment shall
12 be deemed void and of no force and effect. Consent to one assignment shall not be deemed consent
13 to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment.
14 J. Governing Law: The laws of the State of California and applicable local and federal
15 laws, regulations and guidelines shall govern this Agreement.
16 K. Litigation fees: Should litigation arise out of this Agreement for the performance thereof,
17 the court shall award costs and expenses, including attorney's fees, to the prevailing PARTY.
18 L. Notices: Any notices, requests, or demands made between the PARTIES pursuant to
19 this Agreement are to be directed as follows:
20 /
21 /
22 /
23 /
24 /
25 /
26 /
Page 9 of 11
267
COOPERATIVE AGREEMENT NO. C-3-1845
1 To CITY: To AUTHORITY:
2 City of Huntington Beach Orange County Transportation Authority
3 2000 Main Street 550 South Main Street
4 Huntington Beach, California 92606 P. O. Box 14184
5
Orange, CA 92863-1584
6
Attention: Travis K. Hopkins Attention: Donald Herrera
7
8 Director of Public Works Contract Administrator
9 Tel: 714-536-5437 Tel: 714-560-5644
10 E-mail: THopkins@surfcity-hb.org E-mail: dherrera@octa.net
11
12 N. Successors and Assigns: The provisions of this Agreement shall bind and inure to the
13 benefit of each of the PARTIES hereto, and all successors or assigns of the PARTIES hereto.
14 /
15 /
16 /
17 /
18 /
19 /
20
21 /
22 /
23 /
24 /
25 /
26 /
Page 10 of 11
268
COOPERATIVE AGREEMENT NO. C-3-1845
1 This Agreement shall be made effective upon execution by both PARTIES.
2 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement
3 No. C-3-1845 to be executed on the date first above written.
4 CITY OF HUNTINGTON BEACH ORANGE COUNTY TRANSPORTATION
5 AUTHORITY
6 By: ,
7 Matthew Harper Johnson
Mayor Chief Executive Officer
8
ATTEST: APPROVED TO R
9
By: By:
10
an L. Flynn Kennard R. Smart, Jr.
11 ity Clerk General Couns
12 AP PR D AS TO FORM: APPR L R D:
13 By:
14 ennifer McGrath Kia Mortaza
City Attorney Executive Director, Planning
15 16 ,�1
Dated: W(2/1 `T' Dated: (D
17
18
19
20
21
22
23
24
25
26
Page 11 of 11
269
COOPERATIVE AGREEMENT NO. C-3-1845
Huntington Beach Project V Estimated Funding Schedule EXHIBIT A
Funding Agency Description CumulativeFFY 2013-14 FFY 2014-15 FFY 2015-16 FFY 2016-17 FFY 2017-18 FFY 2018-19 FFY 2019-20 Total Total Project
$12,173 $12,541 $12,916 $13,306 $13,706 $14.111 $14,534 $93.287
OCTA
70% 70% 70% 70% 70% 70% 70% 70%
O&M
Subsidy $133,267
$5,217 $5,375 $5,535 S5,703 $5,874 $6,048 $6,229 $39,980
Huntington Beach
30% 30% 30% 30% 30% 30% 30% 30%
Total funding for seven years subject to annual audit and minimum performance standards. $133,267
Inflation rate assumed at 3%per year 3.0% 3.0% 3.0% 3.0% 3.0% 3.0%
Maximum reimbursement per boarding $8.00 $8.24 $8.49 $8.74 $9.01 $9.27 $9.55
OCTA Total $93.287
FFY - Federal Fiscal Year from October 1 to September 30 Huntington Beach Total $39,980
OCTA - Orange County Transportation Authority Project Total $133,267
O&M -Operating and maintenance
Note:OCTA will reimburse awarded agencies on a pro-rats basis but not to exceed 58 per boarding,not to exceed 90 percent of net operating and maintenance costs
(after deducting fareslfees),whichever is less.The$8 per boarding may increase annually by an OCTA-approved inflationary factor.
N
o Service must achieve 10 hoardings/rev veh hour alter 1 year.
________________________________________________________________________________________________________________ ___ --___
Req.By: DONALD HERRERA OCTA PROD Page: 2
Run on: 05/30/14 at: 14:15:10 Report: MSR23CA
""• PURCHASE REQUISITION REPRINT '•••• Version: 5.2.37.AA9
_____________________________________________________ ___________---________-_------_____________
n
N
Dnto Date Material Related ---------Authorised -----------
Req.No Requested By: 0000004302 Priority: Entered Required Group W/H Reg. By Date Value
014538 KAMERON ALTAR 05/24/13 07/01/13 0000004421 09/04/13 93287.00
Delivery Instruction:
Suggested Supplier:
Purchasing Question Purchasing Answer
Budget Year FY 13/14
Encumbered No
Grant Funded No
Amendment Verified in IFAS
Purchasing Instructions:
PM = ABBE MCCLENAHM
MEASURE M2 - PROJECT V FUNDING FOR CITY OF
HUNTINGTON BEACH FOR OPERATING INCENTIVE FUNDS FOR
4TH OF JULY AND U.S. OPEN SHUTTLE SERVICE.
FY14: $12,173
FY15: $12,541
FY16: $12,916
FY17: $13,306
FY18: $13,706
FY19: $14,111
FY20: $14,534
BOARD APPROVAL DATE: JUNE 24, 2013
SHUTTLE SERVICE TO START JULY 4, 2013.
------------------Default Coating Details------------------------------
Equipment Reference Project/work Order Account Code sb
0017TVOO1TGU7831 100.00
Proforma/ Lead
Item Quantity UOM Est. Price Description/Mnemonic and Part Number Order No. Supplier Time Frt Dlv Act. Price
1 1.00 EA 93287.00 EXECUTE AGREEMENT WITH THE CITY OF
HUNTINGTON BEACH FOR PROJECT V FUNDING
0.00
Status: Not Ordered
Dept. ID ED 14-19 Page 1 of 2
Meeting Date:6/16/2014
CITY OF HUNTINGTON BEACH
E ; , REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 6/16/2014
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Travis K. Hopkins, PE, Director of Public Works
Kellee Fritzal, Deputy Director, Business Development
SUBJECT: Approve and authorize execution of a Cooperative Agreement between the
Orange County Transportation Authority (OCTA) and City for Measure M Project
V Program grant funding to implement free shuttle service on July 4th and on
weekends during the US Open of Surfing; and, authorize appropriation of funds
Statement of Issue:
Approval of the Cooperative Agreement between the Orange County Transportation Authority
(OCTA) and City of Huntington Beach is required to accept Measure M Project V Program grant
funding so that the City may implement free shuttle service on July 4th and on weekends during the
US Open of Surfing.
Financial Impact:
The OCTA grant provides a 70% reimbursement to the City for the cost of providing this service.
For FY 13-14, the City will use AQMD per capita funds in the amount of $19,020, of which $11,520
will be reimbursed by OCTA. A total of $7,500 in AQMD funds will be utilized for the City's 30%
project match, and advertising costs. For 2013-14, $60,000 in AQMD funds have already been
budgeted for the Shuttle Program in account 20185201.69450.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute "Cooperative Agreement No. C-3-1845
Between Orange County Transportation Authority and City of Huntington Beach for Project V
Community-Based Transit/Circulators;" and, appropriate $93,287 over a seven-year period for the
OCTA-funded portion of the program.
Alternative Action(s):
Do not approve the Cooperative Agreement and provide further direction to staff.
Analysis:
The OCTA Board of Directors (Board) approved the release of a call for projects for the Renewed
Measure M Project V Community-Based Transit/Circulators Funding Program on November 6,
2012. Competitive grant funding of up to 70% of project cost was made available to encourage
development of local bus transit services, such as community-based circulators and shuttles, and to
provide alternatives to address seasonal/special event congestion, especially when attendance will
exceed parking capacity.
On April 1, 2013, the City Council approved Resolution No. 2013-13, approving the submittal of a
grant application to OCTA to expand the existing Surf City Downtown Shuttle program by providing
HB -363- Item 17. - I
Dept. ID ED 14-19 Page 2 of 2
Meeting Date:6/16/2014
service on July 4th and from additional locations during the annual US Open of Surfing event
weekends. The City submitted the application and was awarded a grant of $93,287 to operate the
service for seven years, starting in 2014. The terms of the grant require that the City provide a
match of 30% from other funding. These funds were identified and are available through the Air
Quality Management District provided to the City on an annual basis to assist programs in the
reduction of emissions.
To implement this program, the City will collaborate with OCTA to provide service on July 4th from
the Goldenwest Transportation Center, located at 7301 Center Avenue, to the existing OCTA stop
at Main and Orange in the Downtown. The shuttle will connect with multiple transit routes from its
base location and along the way, thereby increasing its reach of passengers. During the US Open
of Surfing weekends, which will take place on July 26 and 27 and August 2 and 3, 2014, shuttles
will be provided from Huntington Beach High School and Edison High School to the stop at Main
and Orange. In future years, the US Open of Surfing service will originate from the Goldenwest
Transportation Center, but it is not available for use in 2014.
The application was initially submitted to OCTA as an expansion of the existing Surf City Downtown
Shuttle program, which has been in place since 2010, providing service from the City Hall parking
lot to the Downtown during the peak season on weekends, Memorial Day and Labor Day. In 2011,
the program was expanded to provide service on Tuesdays during Surf City Nights. Since its
inception, the program has been funded 100% by AQMD per capita funding and has served more
than 20,000 passengers. However, in May of this year the AQMD determined that the overall
program no longer met their criteria for reduction of emissions and overall cost-effectiveness. Upon
the City's request, the AQMD subsequently reconsidered their decision, but has limited the City's
funding for 2014 to only the 30% matching portion and associated advertising costs for the special
event service. OCTA has agreed that the program still meets their grant program as it is a new
service entirely. Therefore, approval of the Cooperative Agreement is necessary in order to allow
staff to implement the program for 2014. Staff is working to secure additional funds to provide
service from City Hall on the event days this year, including seeking grants from other sources to
continue the service through the term of the OCTA grant.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Enhance economic development
Attachment(s):
1. Cooperative Agreement No. C-3-1845 Between Orange County Transportation Authority
and City of Huntington Beach For Project V Community-Based Transit/Circulators.
Item 17. - 2 HB -364-
1 COOPERATIVE AGREEMENT NO. C-3-1843
2 BETWEEN
3 ORANGE COUNTY TRANSPORTATION AUTHORITY
4 AND
5 CITY OF HUNTINGTON BEACH
6 FOR
7 PROJECT V COMMUNITY- BASED TRANS ITICIRCULATORS
8 THIS COOPERATIVE AGREEMENT, is effective this day of
9 2014, by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box
10 14184, Orange, California 92863-1584, a public corporation of the State of California (hereinafter
11 referred to as "AUTHORITY"), and the City of Huntington Beach, 2000 Main Street, Huntington Beach,
12 California 92606, a municipal corporation (hereinafter referred to as "CITY") (mutually referred to herein
13 as"PARTIES" or each individually as a"PARTY").
14 RECITALS:
15 WHEREAS, AUTHORITY and CITY desire to enter into a Cooperative Agreement to define the
16 roles and responsibilities related to funding between AUTHORITY and CITY for the operating subsidy
17 funds for shuttle services for the e of July and US Open event(hereinafter referred to as"PROJECT"),
18 further defined by the project description provided by CITY in accordance with its application submittal
19 dated March 28, 2013, incorporated herein by reference; and
20 WHEREAS, AUTHORITY's Board of Directors approved the Renewed Measure M (M2)
21 Eligibility Guidelines - Local Agency Preparation Manual on January 25, 2010 and subsequent
22 amendments, most recently on June 10, 2013; and
23 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 M2 Eligibility Guidelines - Local Agency
26 Preparation Manual and the CTFP Guidelines whereby the most recent update is incorporated herein
Page 1 of 11
COOPERATIVE AGREEMENT NO. C-3-1845
1 by reference; and
2 WHEREAS, AUTHORITY and CITY agree that M2 funding is subject to CITY fulfilling
3 M2 eligibility requirements; and
4 WHEREAS, AUTHORITY and CITY agree that PROJECT must adhere to the CTFP Guidelines
5 precepts except where specific instruction is provided through Project V Guidelines or within this
6 Cooperative Agreement; and
7 WHEREAS, AUTHORITY and CITY agree that CITY will contract directly with service provider
8 to operate shuttle service; and
9 WHEREAS, CITY's bus service is fixed-route, open to the public, and fully accessible for
10 persons with disabilities in compliance with the Americans with Disabilities Act; and
11 WHEREAS, AUTHORITY has agreed to provide Project V funding in the amount not-to-exceed
12 Ninety Three Thousand Two Hundred Eighty Seven Dollars ($93,287) for up to seven years of
13 operating subsidy for two special event shuttle services consistent with operating statistics as defined in
14 the CTFP Guidelines; and
15 WHEREAS, CITY has agreed to provide thirty percent(30%) required local match of Thirty Nine
16 Thousand, Nine Hundred Eighty Dollars ($39,980) for operating match for up to seven years in
17 accordance with Exhibit A: Huntington Beach Project V Estimated Funding Schedule subject to
18 performance requirements and AUTHORITY funding limitations; and
19 WHEREAS, this Cooperative Agreement defines the specific terms, conditions, roles and
20 funding responsibilities between AUTHORITY and CITY for PROJECT; and
21 WHEREAS, CITY's Council approved this Cooperative Agreement on this day of
22 2014; and
23 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as
24 follows:
25
26
Page 2 of 11
COOPERATIVE AGREEMENT NO. C-3-1845
1 ARTICLE 1. COMPLETE AGREEMENT
2 A. This Agreement, including any attachments incorporated herein and made applicable
3 by reference, constitutes the complete and exclusive statement of the term(s) and condition(s) of this
4 Agreement between PARTIES and it supersedes all prior representations, understandings, and
5 communications. The invalidity in whole or in part of any term or condition of this Agreement shall
6 not affect the validity of other term(s) or condition(s) of this Agreement. The above referenced
7 Recitals are true and correct and are incorporated by reference herein.
8 B. AUTHORITY's failure to insist on any instance(s) of CITY's performance of any
9 term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of
10 AUTHORITY's right to such performance or to future performance of such term(s) or condition(s),
11 and CITY's obligation in respect thereto shall continue in full force and effect. Changes to any
12 portion of this Agreement shall not be binding upon AUTHORITY except when specifically confirmed
13 in writing by an authorized representative of AUTHORITY by way of a written amendment to this
14 Agreement and issued in accordance with the provisions of this Agreement.
15 C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any
16 term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of
17 CITY's right to such performance or to future performance of such term(s) or condition(s), and
18 AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any
19 portion of this Agreement shall not be binding upon CITY except when specifically confirmed in
20 writing by an authorized representative of CITY by way of a written amendment to this Agreement
21 and issued in accordance with the provisions of this Agreement.
22 ARTICLE 2. SCOPE OF AGREEMENT
23 This Agreement specifies the terms and conditions, roles and responsibilities of the PARTIES
24 as they pertain to the subjects and PROJECT addressed herein. Both AUTHORITY and CITY agree
25 that each will cooperate and coordinate with the other in all activities covered by this Agreement and
26 any other supplemental agreements, including Letter Agreements, which may be required to facilitate
Page 3 of 11
COOPERATIVE AGREEMENT NO. C-3-1845
1 purposes thereof.
2 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
3 AUTHORITY agrees to the following responsibilities for PROJECT:
4 A. Upon invoice, to provide CITY operating subsidy in the amount not to exceed Ninety
5 Three Thousand Two Hundred Eighty Seven Dollars ($93,287) for up to seven years consistent with
6 Exhibit A: Huntington Beach Project V Estimated Funding Schedule. Operating subsidy will be no more
7 than eight dollars ($8.00) per boarding consistent with Exhibit A or seventy percent (70%) of operations
8 and maintenance costs whichever is lower.
9 B. To provide funding in accordance with the Board-approved Project V guidelines and
10 funding may be discontinued in the event that the minimum performance standards are not met.
11 C. In the event that the minimum performance standards are not met after one year of
12 service and maintained every year thereafter AUTHORITY to provide sixty (60) days' notice to CITY
13 that support for service will be discontinued.
14 ARTICLE 4. RESPONSIBILITIES OF CITY
15 CITY agrees to the following responsibilities for PROJECT:
16 A. To provide eligible local match funds in the amount of thirty percent (30%) of required
17 Operation and Maintenance (O&M) cost in accordance with Exhibit A: Huntington Beach Project V
18 Estimated Funding Schedule OR balance of net operations and maintenance costs after AUTHORITY
19 has paid eight dollars ($8) per boarding and inflated annually consistent with Exhibit A, whichever is
20 greater.
21 B. If CITY receives operating subsidy from any other non-AUTHORITY source, CITY will
22 not invoice AUTHORITY for the amount received from the other non-AUTHORITY source(s).
23 C. CITY will notify AUTHORITY regarding any non-AUTHORITY revenues received for the
24 PROJECT and AUTHORITY funds may not pay for services already supported through these non-
25 AUTHORITY revenues.
26 /
Page 4 of 11
COOPERATIVE AGREEMENT NO.C-3-1845
1 D. _ CITY shall provide to AUTHORITY actual Revenue Vehicle Miles, Boardings, and O&M
2 Cost related to PROJECT service within sixty(60)days of each event.
3 E. CITY shall act as the lead agency for operations, maintenance, and management of
4 PROJECT.
5 F. CITY service shall meet minimum standard of 10 boardings per revenue vehicle hour,
6 which must be achieved within the first 12 months of operation and every year thereafter.
7 G. CITY shall provide separate and distinct cost accounting for shuttle services for the 4t'of
8 July and for the US Open event.
9 H. CITY may request a time extension beyond seven years to use any operating funds not
10 used and available at the end of the initial seven (7) year term.
11 I. To notify AUTHORITY of any non-AUTHORITY revenues received for the PROJECT.
12 J. To include and identify any non-AUTHORITY or grant revenues received along with any
13 requirements associated with external fund sources for the PROJECT in payment to AUTHORITY for
14 local match.
15 K. CITY will invoice AUTHORITY within sixty (60) days of each event consistent with
16 ARTICLE 5. CITY REQUEST FOR REIMBURSEMENT.
17 ARTICLE 5. CITY REQUEST FOR REIMBURSEMENT
18 A. CITY shall contribute matching funds, as is specified within this Agreement in ARTICLE
19 4, Paragraph A, toward the actual costs of PROJECT.
20 B. CITY shall invoice AUTHORITY within sixty (60) days of each event and submit to
21 AUTHORITY an invoice as specified in Exhibit B: Operations & Maintenance Invoice, and supporting
22 documentation included in this Agreement, which is incorporated into and made part of this Agreement.
23 CITY's invoice shall include allowable PROJECT costs incurred and paid for by CITY consistent with
24 the PROJECT's Scope of Work. The invoice submitted by CITY shall be signed by an authorized agent
25 who can duly certify the accuracy of the included information. Advance payments by AUTHORITY are
26 not allowed.
Page 5 of 11
COOPERATIVE AGREEMENT NO. C-3-1845
1 C. The invoice must be submitted on CITY's letterhead.
2 D. The invoice shall be submitted by CITY and in duplicate to AUTHORITY's Accounts
3 Payable Office. Each invoice shall include the following information:
4 a. Agreement Number C-3-1845;
5 b. The total of PROJECT expenditures shall specify the percent and amount to be
6 reimbursed which shall not exceed Seventy Percent (70%) of O&M or the balance of net operations
7 and maintenance costs after AUTHORITY has paid eight dollars ($8) per boarding, in accordance with
8 Exhibit A: Huntington Beach Project V Estimated Funding Schedule. In addition, if CITY receives
9 operating subsidy from any non-AUTHORITY source, CITY will not invoice AUTHORITY for the amount
10 received from the other non-AUTHORITY source(s). Supporting documentation for all expenses must
11 be provided including invoices.
12 C. Adequate detail describing all work completed.
13 d. Documentation providing evidence that the contractor has been paid by CITY.
14 e. Per Exhibit B: Operations & Maintenance Invoice, each invoice for O&M subsidy
15 will include the following operating statistics for the fiscal year (July 1 through June 30) to date:
16 Revenue Vehicle Hours, Total Boardings, Boardings per Revenue Vehicle Hour, Operating Costs, Net
17 Operating Costs (Costs less fares), Reimbursement per Net Operating Costs, and Reimbursement per
18 Boarding.
19 f. Such other information as requested by AUTHORITY.
20 E. Total payments by AUTHORITY shall not exceed the Funding Amount specified in
21 ARTICLE 3, Paragraph A above.
22 F. CITY shall submit final invoice no later than ninety (90) days after final acceptance of
23 PROJECT.
24 ARTICLE 6. DELEGATED AUTHORITY
25 The actions required to be taken by CITY in the implementation of this Agreement are
26 delegated to its Director of Public Works, or his/her designee, and the actions required to be taken by
Page 6 of 11
COOPERATIVE AGREEMENT NO. C-3-1845
1 AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief Executive
2 Officer, or designee.
3 ARTICLE 7. AUDIT AND INSPECTION
4 AUTHORITY and CITY shall maintain a complete set of records in accordance with generally
5 accepted accounting principles. Upon reasonable notice, CITY shall permit the authorized
6 representatives of AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, and
7 other data and records of CITY for a period of five (5) years after final payment, or completion of audit
8 by AUTHORITY, or after final payment of debt service, whichever is longer. For purposes of audit, the
9 date of completion of this Agreement shall be the date of AUTHORITY's payment of CITY's final billing
10 under this Agreement. AUTHORITY shall have the right to reproduce any such books, records, and
11 accounts. The above provision with respect to audits shall extend to and/or be included in contracts with
12 CITY's contractor(s).
13 ARTICLE 8. INDEMNIFICATION
14 A. To the fullest extent permitted by law, CITY shall defend (at CITY's sole cost and
15 expense with legal counsel reasonably acceptable to AUTHORITY), indemnify, protect, and hold
16 harmless AUTHORITY, its officers, directors, employees, and agents (collectively the "Indemnified
17 Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs,
18 judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses
19 including legal costs and attorney fees (collectively"Claims"), including but not limited to Claims arising
20 from injuries to or death of persons (CITY's employees included), for damage to property, including
21 property owned by AUTHORITY, or from any violation of any federal, state, or local law or ordinance,
22 alleged to be caused by the negligent acts, omissions or willful misconduct of CITY, its officers,
23 directors, employees or agents in connection with or arising out of the performance of this Agreement.
24 B. In the event CITY hires a contractor to perform business related to this agreement,
25 Contractor shall be required to list AUTHORITY as an additional insured under the insurance policies
26 related to the Agreement as appropriate.
Page 7of11
COOPERATIVE AGREEMENT NO. C-3-1845
1 C. The indemnification and defense obligations of this Agreement shall survive its
2 expiration or termination.
3 ARTICLE 9. ADDITIONAL PROVISIONS
4 PARTIES agree to the following mutual responsibilities:
5 A. Term of Agreement: This Agreement shall continue in full force and effect on an annual
6 basis subject to meeting minimum performance standards of ridership or March 31, 2021, whichever is
7 later.This Agreement may only be extended upon mutual agreement by both parties.
8 B. Termination for Convenience: Either PARTY may terminate this Agreement for its
9 convenience by providing thirty(30)days' prior written notice of its intent to terminate for convenience to
10 the other PARTY.
11 C. Amendments: This Agreement may be amended in writing at any time by the mutual
12 consent of both PARTIES. No amendment shall have any force or effect unless executed in writing by
13 both PARTIES.
14 D. PARTIES shall comply with all applicable federal, state, and local laws, statues,
15 ordinances and regulations of any governmental authority having jurisdiction over the PROJECT.
16 E. Legal Authority: PARTIES hereto consent that they are authorized to execute this
17 Agreement on behalf of said PARTIES and that; by so executing this Agreement, all PARTIES hereto
18 are formally bound to the provisions of this Agreement.
19 F. Severability: If any term, provision, covenant or condition of this Agreement is held to be
20 invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the
21 remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or
22 condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
23 G. Counterparts of Agreement: This Agreement may be executed and delivered in any
24 number of counterparts, each of which, when executed and delivered shall be deemed an original and
25 all of which together shall constitute the same agreement. Facsimile and electronic signatures will be
26 permitted.
Page 8 of 11
COOPERATIVE AGREEMENT NO. C-3-1845
1 H. Force Maieure: Each of the PARTIES shall be excused from performing its obligations
2 under this Agreement during the time and to the extent that it is prevented from performing by an
3 unforeseeable cause beyond its control, including but not limited to; any incidence of fire, flood; acts of
4 God; commandeering of material, products, plants or facilities by the federal, state or local government;
5 national fuel shortage; or a material act or omission by the other PARTY; when satisfactory evidence of
6 such cause is presented to the other PARTY, and provided further that such nonperformance is
7 unforeseeable, beyond the control and is not due to the fault or negligence of the PARTY not
8 performing.
9 I. Assignment: Neither this Agreement, nor any of the PARTIES' rights, obligations,
10 duties, or authority hereunder may be assigned in whole or in part by any party without the prior written
11 consent of the other parties in their sole and absolute discretion. Any such attempt of assignment shall
12 be deemed void and of no force and effect. Consent to one assignment shall not be deemed consent
13 to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment.
14 J. Governinq Law: The laws of the State of California and applicable local and federal
15 laws, regulations and guidelines shall govern this Agreement.
16 K. Litigation fees: Should litigation arise out of this Agreement for the performance thereof,
17 the court shall award costs and expenses, including attorney's fees, to the prevailing PARTY.
18 L. Notices: Any notices, requests, or demands made between the PARTIES pursuant to
19 this Agreement are to be directed as follows:
20 /
21 /
22 /
23 /
24 /
25 /
26 /
Page 9 of 11
COOPERATIVE AGREEMENT NO. C-3-1845
1 To CITY: To AUTHORITY:
2 City of Huntington Beach Orange County Transportation Authority
3 2000 Main Street 550 South Main Street
4 Huntington Beach, California 92606 P. O. Box 14184
5
Orange, CA 92863-1584
6
Attention: Travis K. Hopkins Attention: Donald Herrera
7
8 Director of Public Works Contract Administrator
g Tel: 714-536-5437 Tel: 714-560-5644
10 E-mail: THopkins@surfcity-hb.org E-mail: dherrera@octa.net
11
12 N. Successors and Assigns: The provisions of this Agreement shall bind and inure to the
13 benefit of each of the PARTIES hereto, and all successors or assigns of the PARTIES hereto.
14 /
15 /
16 /
17 /
18 /
19 /
20
21 /
22 /
23 /
24 /
25 /
26 /
Page 10 of 11
COOPERATIVE AGREEMENT NO. C-3-1845
1 This Agreement shall be made effective upon execution by both PARTIES.
2 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement
3 No. C-3-1845 to be executed on the date first above written.
4 CITY OF HUNTINGTON BEACH ORANGE COUNTY TRANSPORTATION
5 AUTHORITY
6 By: By:
LZ
7 Matthew Harper Johnson
Mayor Chief Executive Officer
8
ATTEST: APPROVED TO
9
By: ranC
i By:
10
ynn Kennard R. Smart, Jr.
11 General Couns
12 LAPPR D AS TO FORM: APPR LR D:
t13 14ennifer McGrath Kia Mortaza
City Attorney Executive Director, Planning
15
Dated: f 'l Dated: Cz 0 C
16
17
18
19
20
21
22
23
24
25
26
Page 11 of 11
COOPERATIVE AGREEMENT NO. C-3-1845
Huntington Beach Project V Estimated Funding Schedule EXHIBIT A
Funding Agency Description Cumulative Total Project
FFY 2013-14 FFY 2014-15 FFY 2015-16 FFY 2016-17 FFY 2017-18 FFY 2018-19 FFY 2019-20 Total
$12,173 $12,541 $12,916 $13,306 $13,706 $14,111 $14,534 $93,287
OCTA
70% . 70% 70% 70% 70% 70% 70% 70%
O&M $133,267
Subsidy
$5,217 $5,375 $5,535 $5,703 $5,874 $6,048 $6,229 $39,980
Huntington Beach
30% 30% 30% 30% 30% 30% 30% 30%
Total funding for seven years subject to annual audit and minimum performance standards. $133,267
Inflation rate assumed at 3%per year 3.0% 3.0% 3.0% 3.0% 3.0% 3.0%
Maximum reimbursement per boarding $8.00 $8.24 $8A9 $8.74 $9.01 $9.27 $9.55
OCTA Total $93,287
FFY- Federal Fiscal Year from October 1 to September 30 Huntington Beach Total $39,980
OCTA-Orange County Transportation Authority Project Total $133,267
O&M -Operating and maintenance
Note:OCTA will reimburse awarded agencies on a pro-rata basis but not to exceed$8 per boarding,not to exceed 90 percent of net operating and maintenance costs
(after deducting fares/fees),whichever is less.The$8 per boarding may increase annually by an OCTA-approved inflationary factor.
Service must achieve 10 boardings/rev veh hour after 1 year.
Shuttle Service -- Friday' July 4 thOCTA GOLDENWEST HUNTINGTON BEACH CIVIC
TRANSPORTATION CENTER TO CENTER TO DOWNTOWN
DOWNTOWN
■8:00 AM to 11 :30 PM — last shuttle ■1 :00 PM to 10:00 PM — last shuttle
leaves Downtown stop at 11 :00 PM leaves Downtown at 9:45 PM
■Includes northbound and southbound ■Service approximately every 30
Route 72 OCTA stop at Warner and minutes on the hour and half hour
Goldenwest, and connects to OCTA
routes 25, 29, 66 and 70 ■Free parking at the Huntington Beach
Civic Center
■Free, limited parking available at the
GW Transportation Center — located at ■Civic Center located at 2000 Main
7301 Center Avenue Street — vehicle stop location adjacent
to City Hall entrance and HBPD
US Open of Surfing Service
July 26AN27 F3 August 2-3
Route 1 : HBHS to Main and Oranqe — 10 AM-10 PM
■Service from HBHS every 30 minutes at : 15 and :45
■ Last shuttle leaves Downtown at 9:45 PM
■ Free parking available at HBHS - located at 1905 Main St.
Route 2: Edison HS to Main/Orange — 10 AM-10 PM
■Service from Edison HS every 30 minutes on the hour and
half hour
■ Last shuttle leaves downtown at 9:45 PM
■ Free parking available at Edison HS — 21400 Magnolia St.
US Open of Surfing Service
Civic Center Service - August 2-3
HB Civic Center to Main/Orange — 1 .0 AM to 7 PM
■ Service approximately every 30 minutes on the hour
and half hour
■ Last shuttle leaves Downtown at 6:45 PM
■ Free parking at the Huntington Beach Civic Center
Information available online:
www. huntingtonbeachca .gov/residents/parking/
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