HomeMy WebLinkAboutItem 27 - Harbor Boulevard Innovative Corridor ProjectPublic Works Agency
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Item # 27
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 4, 2024
TOPIC: Harbor Boulevard Innovative Corridor Project
AGENDA TITLE
Cooperative Agreement with Orange County Transportation Authority and Participating
Agencies for the Harbor Boulevard Innovative Corridor Project (Non -General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute a Cooperative Agreement with Orange County
Transportation Authority and the Cities of Anaheim, Fountain Valley, Fullerton, and
Garden Grove, identifying the City's role and responsibilities to implement the Harbor
Boulevard Innovative Corridor Project, effective upon full approval of the agreement by
all parties through December 31, 2028, with the option to be extended (Agreement No.
A-2024-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
In the City of Santa Ana, Harbor Boulevard is the most heavily traveled corridor. The
corridor experiences over 50,000 vehicles per day, along with high volumes of
pedestrians and bicyclists who use the corridor daily to commute to work or en route to
the many destinations along the corridor. Harbor Boulevard connects Santa Ana
residents to many key destinations in Orange County, including Disneyland, California
State University, Fullerton, medical facilities, parks, places of worship, and many
recreational options. Additionally, Harbor Boulevard provides access to four major
freeways in Orange County: State Route 91, Interstate 5, State Route 22, and Interstate
405.
For Orange County Transportation Authority (OCTA), the Bravo! 543 and 43 bus routes
operate on Harbor Boulevard and are among the highest -use transit routes in Orange
County. The 12-mile Harbor Boulevard bus routes have a combined average of more
than 10,000 daily boardings. Eight percent (8%) of all OCTA's bus ridership takes place
on this corridor. A 2018 OCTA transit study identified Harbor Boulevard corridor as
needing high -quality transit in OCTA's Long Range Transportation Plan. This corridor
was also identified as a high priority corridor in Orange County's Transit Master Plan, a
20-year plan for enhancing and expanding public transit service for the third most
populous county in California.
Harbor Boulevard Innovative Corridor Project
June 4, 2024
Page 2
To help improve travel flow and provide reliable transit along this busy corridor, the
Harbor Boulevard Innovative Corridor Project will implement multi -modal corridor
improvements that will enhance signal operations by deploying innovative advanced
transportation technologies to improve bus operations, safety monitoring, and traffic flow
along Harbor Boulevard. The project will leverage existing investments made by OCTA
and participating agencies to deploy Intelligent Transportation Systems (ITS)
equipment, Transit Signal Priority, optimized signal timing, and conduct infrastructure
maintenance, monitoring, and assessment. These technologies are known to be cost-
effective in reducing congestion and increase person throughput for all modes without
the need for roadway expansion. The proposed technology improvements are intended
to decrease travel time, improve travel time reliability and safety, and reduce traffic
congestion and emissions along the corridor.
In November of 2022, OCTA, in cooperation with City of Santa Ana and the Participating
Agencies, submitted grant applications for Strengthening Mobility and Revolutionizing
Transportation (SMART), Regional Early Action Planning (REAP 2.0), and Transit and
Intercity Rail Capital Program (TIRCP). OCTA has since received funds to administer
and deliver this project. While OCTA will fund and act as lead agency for the project, a
cooperative agreement (Exhibit 1) is necessary to identify the roles and responsibilities
of each participating agency to maintain transit signal priority during the project period.
City of Santa Ana will participate as a member of the project development team and
support the project implementation and continued operations and maintenance of the
project improvements.
FISCAL IMPACT
There is no fiscal impact associated with this action. Staff will return to the City Council
with a request for approval of further actions and will indicate the fiscal impact of any such
awards and associated expenditures at that time.
EXHIBIT(S)
1. Cooperative Agreement
Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency
Approved By: Alvaro Nunez, Acting City Manager
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COOPERATIVE AGREEMENT NO. C-3-3023
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITIES OF ANAHEIM, FOUNTAIN VALLEY, FULLERTON, GARDEN GROVE, AND SANTA ANA
FOR
HARBOR BOULEVARD INNOVATIVE CORRIDOR PROJECTS
THIS COOPERATIVE AGREEMENT (Agreement), is effective this day of
, 2024 ("Effective Date"), 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 (herein referred to as "AUTHORITY") and the cities of Anaheim, Fountain Valley,
Fullerton, Garden Grove, and Santa Ana (hereinafter referred to as "PARTICIPATING AGENCIES") each
individually known as "Party" and collectively known as "Parties".
RECITALS:
WHEREAS, the AUTHORITY in cooperation with the PARTICIPATING AGENCIES submitted a
Strengthening Mobility and Revolutionizing Transportation ("SMART") Grants Program application on
November 18, 2022, Regional Early Action Planning ("REAP 2.0") application on May 9, 2023, and a
Transit and Intercity Rail Capital Program ("TIRCP") Cycle 6 application on February 10, 2023, for the
evaluation, study, and implementation of transit signal priority and technology enhancements of
signalized intersections along the AUTHORITY's Bravo! Route 543, between the Santa Ana Bus Base in
the City of Santa Ana and the Fullerton Transportation Center in the City of Fullerton, (hereinafter,
"PROJECT"); and
WHEREAS, the AUTHORITY's Board of Directors authorized the acceptance of the SMART,
REAP 2.0, and TIRCP funding awards on July 24, 2023; and
WHEREAS, the AUTHORITY intends to secure additional funding for PROEJCT as needed; and
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COOPERATIVE AGREEMENT NO. C-3-3023
HARBOR BOULEVARD CONNECTED CORRIDOR PROJECTS
WHEREAS, the AUTHORITY intends to issue procurements to award contracts for the study,
and implementation of the PROJECT; and
WHEREAS, the PROJECT will include approximately sixty (60) traffic signalized intersections
along the 12-mile Harbor Boulevard Bravo! Route 543 corridor as identified in the SMART, REAP 2.0,
and TIRCP applications (hereinafter, "APPLICATIONS"); and
WHEREAS, based on the AUTHORITY's Board of Directors approval of grant awards, the
AUTHORITY agrees to implement the PROJECT per the APPLICATIONS; and
WHEREAS, the PROJECT will include an innovative Transit Signal Priority (TSP) solution and
Intelligent Transportation System (ITS) elements as identified in the APPLICATIONS and other
associated systems (hereinafter collectively referred to as "ITS ELEMENTS"), that will be evaluated,
constructed, and/or installed and implemented as part of the PROJECT; and
WHEREAS, the AUTHORITY agrees to work with PARTICIPATING AGENCIES to coordinate
the inclusion of other ITS ELEMENTS that should be installed before or at the same time as the
construction of the PROJECT that the Parties deemed necessary for the essential operation of the
Harbor Boulevard corridor; and
WHEREAS, the AUTHORITY and each respective Party shall provide
in-house resources (staff hours) to provide various services in support of the PROJECT; and
WHEREAS, the AUTHORITY and the PARTICIPATING AGENCIES desire to enter into this
Agreement to implement the PROJECT; and
WHEREAS, this Agreement defines the specific terms, conditions, and funding responsibilities
between the AUTHORITY and the PARTICIPATING AGENCIES for the implementation of the
PROJECT; and
WHEREAS, the City of Anaheim's City Council approved this Agreement on the day of
, 20
WHEREAS, the City of Fountain Valley's City Council approved this Agreement on the
day of , 20
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COOPERATIVE AGREEMENT NO. C-3-3023
HARBOR BOULEVARD CONNECTED CORRIDOR PROJECTS
WHEREAS, the City of Fullerton's City Council approved this Agreement on the day
of 20
WHEREAS, the City of Garden Grove's City Council approved this Agreement on the day
of 20
WHEREAS, the City of Santa Ana's City Council approved this Agreement on the day
of 20
NOW, THEREFORE, it is mutually understood and agreed by the AUTHORITY and the
PARTICIPATING AGENCIES as follows:
ARTICLE 1. COMPLETE AGREEMENT
A. This Agreement, including any attachments incorporated herein and made applicable by
reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this
Agreement between the AUTHORITY and PARTICIPATING AGENCIES and it supersedes all prior
representations, understandings, and communications. The invalidity in whole or in part of any term or
condition of this Agreement shall not affect the validity of other term(s) or conditions(s) of this Agreement.
The above referenced Recitals are true and correct and are incorporated by reference herein.
B. The AUTHORITY's failure to insist on any instance(s) of PARTICIPATING AGENCIES'
performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or
relinquishment of the AUTHORITY's right to such performance or to future performance of such term(s)
or condition(s), and PARTICIPATING AGENCIES' obligation in respect thereto shall continue in full force
and effect. Changes to any portion of this Agreement shall not be binding upon the AUTHORITY except
when specifically confirmed in writing by an authorized representative of the AUTHORITY by way of a
written amendment to this Agreement and issued in accordance with the provisions of this Agreement.
C. PARTICIPATING AGENCIES' failure to insist on any instance(s) of the AUTHORITY's
performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or
relinquishment of PARTICIPATING AGENCIES' right to such performance or to future performance of
such term(s) or condition(s), and the AUTHORITY's obligation in respect thereto shall continue in full
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COOPERATIVE AGREEMENT NO. C-3-3023
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force and effect. Changes to any portion of this Agreement shall not be binding upon PARTICIPATING
AGENCIES except when specifically confirmed in writing by an authorized representative of
PARTICIPATING AGENCIES by way of a written amendment to this Agreement and issued in
accordance with the provisions of this Agreement.
ARTICLE 2. SCOPE OF AGREEMENT
This Agreement specifies the roles and responsibilities of the Parties as they pertain to the
subjects and projects addressed herein. Both the AUTHORITY and PARTICIPATING AGENCIES agree
that each will cooperate and coordinate with the other in all activities covered by this Agreement and any
other supplemental agreements that may be required to facilitate purposes thereof.
ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
The AUTHORITY, as the lead agency, agrees to the following responsibilities for the
implementation of the PROJECT:
A. The AUTHORITY shall implement the PROJECT based on the intent of the usage in the
APPLICATIONS in accordance with the policies and procedures contained in the SMART, REAP, and
TIRCP grant program guidelines.
B. The AUTHORITY shall coordinate with the PARTICIPATING AGENCIES to ensure the
multi -phased implementation of the PROJECT includes input from the owning and operating agencies.
C. The AUTHORITY shall provide oversight to maintain inter -jurisdictional traffic signal
operational integrity between PROJECT and other similar type projects not older than three (3) years.
D. The AUTHORITY, or agents of the AUTHORITY, under this Agreement and upon
closeout of PROJECT, may perform a technical and/or field review to ensure that the grant program
guidelines, policies, and procedures were followed. Such a review may be performed within one hundred
and eighty (180) days after the PROJECT grant period is complete.
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COOPERATIVE AGREEMENT NO. C-3-3023
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E. The AUTHORITY, or agents of the AUTHORITY, shall manage, procure, implement, and
complete all aspects of the PROJECT as identified in the APPLICATIONS, including filing all
documentation necessary to comply with the requirements of the SMART, REAP, and TIRCP guidelines
and funding reporting.
F. The AUTHORITY, or its agents, shall collect all data necessary to deliver the PROJECT,
as specified in the APPLICATIONS.
G. The AUTHORITY, or its agents, shall coordinate outreach activities with
PARTICIPATING AGENCIES for the PROJECT.
H. The AUTHORITY, or its agents, shall study, evaluate, and recommend TSP and ITS
ELEMENTS best suited for the desired operation by each Party.
I. The AUTHORITY, or its agents, shall provide construction management oversight during
the construction of the PROJECT.
J. The AUTHORITY, or its agents, shall prepare the PROJECT reports, plans, and materials
that will be shared with PARTICIPATING AGENCIES and other PROJECT stakeholders.
ARTICLE 5. RESPONSIBILITIES OF THE PARTICIPATING AGENCIES
The PARTICIPATING AGENCIES agree to the following responsibilities for implementation
and funding of the PROJECT:
A. The PARTICIPATING AGENCIES shall provide a technical representative to
participate as a member of the PROJECT's Project Development Team (PDT).
B. The PARTICIPATING AGENCIES shall authorize the AUTHORITY to manage,
procure, and implement all aspects of the PROJECT.
C. The PARTICIPATING AGENCIES shall participate and support the PROJECT
implementation within the timeframe outlined in the APPLICATION and consistent with the SMART,
REAP, and TIRCP guidelines adopted by the AUTHORITY.
D. The PARTICIPATING AGENCIES shall provide AUTHORITY, or its agents all current
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COOPERATIVE AGREEMENT NO. C-3-3023
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intersection as -built drawings, all current intersections controller assembly plans as provided by the
manufacturer and modified by Party since original installation, local field master, local controller, and
Advanced Traffic Management System timing plans, TSP timing preferences, and other ITS related
data upon request.
E. PARTICIPATING AGENCIES shall waive all fees associated with any local agency
permits that may be required from the consultants, subconsultants, and/or service or equipment
providers hired by AUTHORITY for the PROJECT.
F. PARTICIPATING AGENCIES shall perform all field inspections and correspondence
during the construction of the PROJECT for improvements in their jurisdiction.
G. PARTICIPATING AGENCIES shall be responsible for the continued operations and
maintenance of all TSP and ITS ELEMENTS approved and implemented in their jurisdiction following
the completion of the PROJECT.
ARTICLE 6. DELEGATED AUTHORITY
The actions required to be taken by PARTICIPATING AGENCIES in the implementation of this
Agreement are delegated to their respective City Manager, or City Manager's designee, and the actions
required to be taken by the AUTHORITY in the implementation of this Agreement are delegated to the
AUTHORITY's Chief Executive Officer or Chief Executive Officer's designee.
ARTICLE 7. AUDIT AND INSPECTION
AUTHORITY and PARTICIPATING AGENCIES shall maintain a complete set of records in
accordance with generally accepted accounting principles. Upon reasonable notice, PARTICIPATING
AGENCIES shall permit the authorized representatives of AUTHORITY to inspect and audit all work,
materials, payroll, books, accounts, and other data and records of PARTICIPATING AGENCIES for a
period of five (5) years after final payment, final closeout, or until any on -going audit is completed,
whichever is later. For purposes of audit, the date of completion of this Agreement shall be the date of
AUTHORITY's payment of consultant's final billing (so noted on the paid invoice) under this Agreement.
AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above
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COOPERATIVE AGREEMENT NO. C-3-3023
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provision with respect to audits shall extend to and/or be included in contracts with PARTICIPATING
AGENCIES' contractor(s).
ARTICLE 8. INDEMNIFICATION
A. To the fullest extent permitted by law, PARTICIPATING AGENCIES shall defend (at
PARTICIPATING AGENCIES' sole cost and expense with legal counsel reasonably acceptable to
AUTHORITY), indemnify, protect, and hold harmless AUTHORITY, and its officers, directors, employees,
and agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits,
claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders,
penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not
limited to Claims arising from injuries to or death of persons (PARTICIPATING AGENCIES' employees
included), for damage to property, including property owned by AUTHORITY, or from any violation of any
federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful
misconduct of PARTICIPATING AGENCIES, its officers, directors, employees or agents in connection
with or arising out of the performance of this Agreement.
B. To the fullest extent permitted by law, AUTHORITY shall defend (at AUTHORITY's sole
cost and expense with legal counsel reasonably acceptable to PARTICIPATING AGENCIES), indemnify,
protect, and hold harmless PARTICIPATING AGENCIES, including their officers, directors, employees,
and agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits,
claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders,
penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not
limited to Claims arising from injuries to or death of persons (AUTHORITY's employees included), for
damage to property, including property owned by PARTICIPATING AGENCIES, or from any violation of
any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or
willful misconduct of AUTHORITY, its officers, directors, employees or agents in connection with or arising
out of the performance of this Agreement.
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COOPERATIVE AGREEMENT NO. C-3-3023
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C. The indemnification and defense obligations of this Agreement shall survive its expiration
or termination.
ARTICLE 9. ADDITIONAL PROVISIONS
A. Term of Agreement: This Agreement shall be in full force and effect through
December 31, 2028.
B. Amendment: This Agreement may be extended or amended in writing at any time by the
mutual consent of all Parties. No amendment shall have any force or effect unless executed in writing by
all Parties.
C. Termination: In the event any Party defaults in the performance of their respective
obligations under this Agreement or breaches any of the provisions of this Agreement, a non -defaulting
Party(s) shall have the option to terminate this Agreement upon thirty (30) calendar days prior written
notice to the Party in default.
D. Termination for Convenience: Any Party may terminate this Agreement for its
convenience by providing thirty (30) calendar days prior written notice of its intent to terminate for
convenience to the other Party.
E. Parties shall comply with all applicable federal, state, and local laws, statues, ordinances,
and regulations of any governmental authority having jurisdiction over the PROJECT.
F. Legal Authority: Parties hereto consent that they are 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.
G. 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 of 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.
H. 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
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COOPERATIVE AGREEMENT NO. C-3-3023
HARBOR BOULEVARD CONNECTED CORRIDOR PROJECTS
of which together shall constitute the same agreement. Electronic signatures shall be permitted.
I. Assignment: Neither this Agreement, nor any of the Parties' rights, obligations, duties, or
authority hereunder may be assigned in whole or in part by any Parties without the prior written consent
of the other Parties in its sole and absolute discretion. 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. Governing Law: The laws of the State of California and applicable local and federal laws,
regulations, and guidelines shall govern this Agreement.
K. Litigation fees: Should litigation arise out of this Agreement for the performance thereof,
the court shall award costs and expenses, including attorney's fees, to the prevailing Party.
L. Notices: Any notices, requests, or demands made between the Parties pursuant to this
Agreement are to be directed as follows:
To ANAHEIM:
To AUTHORITY:
City of Anaheim
Orange County Transportation Authority
200 South Anaheim Boulevard
550 South Main Street
Anaheim, CA 92805
P. O. Box 14184
Orange, CA 92863-1584
Attention: John Thai
Attention: Megan Bornman
Principal Traffic Engineer
Senior Contract Administrator
Tel: (714) 765-5202
Tel: (714) 560-5064
Email: JThai(a)anaheim.net
E-mail: mbornman@octa.net
CC: Alicia Yang
Project Manager
Tel: (714) 560-5362
Email: ayang(a)-octa.net
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COOPERATIVE AGREEMENT NO. C-3-3023
HARBOR BOULEVARD CONNECTED CORRIDOR PROJECTS
To FOUNTAIN VALLEY:
To FULLERTON:
City of Fountain Valley
City of Fullerton
10200 Slater Avenue
303 West Commonwealth Avenue
Fountain Valley, CA 92708
Fullerton, CA 92832
Attention: Temo Galvez
Attention: Stephen Bise
Deputy Director of Public Works / City Engineer
Director of Public Works
Tel: (714) 593-4517
Tel: (714) 738-6852
Email: temo.galvez fountainvalley.org
Email: Stephen. bise(a)cityoffullerton.com
To GARDEN GROVE:
To SANTA ANA:
City of Garden Grove
City of Santa Ana
11222 Acacia Parkway
Traffic Engineering Section/M-43
Garden Grove, CA 92840
20 Civic Center Plaza
Santa Ana, CA 92701
Attention: Dai Vu
Attention: Nabil Saba
City Traffic Engineer
Executive Director of Public Works
Public Works Department
Tel: (714) 647-5654
Tel: (714) 741-5189
Email: Nsaba(a)_santa-ana.org
Email: daiv(a)_ggcity.orq
M. Force Maleure: Any 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.
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COOPERATIVE AGREEMENT NO. C-3-3023
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This Agreement shall be made effective upon execution by all Parties.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement No. C-3-3023 to be
executed as of the date of the last signature below.
CITY OF ANAHEIM ORANGE COUNTY TRANSPORTATION AUTHORITY
Bv:
Rudy Emami
Director of Public Works
ATTEST:
By:
Theresa Bass
City Clerk
APPROVED AS TO FORM:
Robert Fabela, City Attorney
By:
Bryn M. Morley
Deputy City Attorney
Dated:
By:
Lydia Bilynsky
Department Manager, Capital Projects
APPROVED AS TO FORM:
By:
James M. Donich
General Counsel
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COOPERATIVE AGREEMENT NO. C-3-3023
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This Agreement shall be made effective upon execution by all Parties.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement No. C-3-3023 to be
executed as of the date of the last signature below.
CITY OF FOUNTAIN VALLEY
Bv:
Maggie Le
City Manager
ATTEST:
By:
Rick Miller
City Clerk
APPROVED AS TO FORM
By:
Colin Burns
City Attorney
Dated:
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COOPERATIVE AGREEMENT NO. C-3-3023
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This Agreement shall be made effective upon execution by all Parties.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement No. C-3-3023 to be
executed. as of the date of the last signature below.
CITY OF FULLERTON
Bv:
Eric Levitt
City Manager
ATTEST:
By:
Lucinda Williams
City Clerk
APPROVED AS TO FORM
By:
Richard D. Jones
City Attorney
Dated:
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COOPERATIVE AGREEMENT NO. C-3-3023
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This Agreement shall be made effective upon execution by all Parties.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement No. C-3-3023 to be
executed as of the date of the last signature below.
CITY OF GARDEN GROVE
Bv:
Lisa Kim
City Manager
ATTEST:
Bv:
Teresa Pomeroy
City Clerk
Dated:
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COOPERATIVE AGREEMENT NO. C-3-3023
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This Agreement shall be made effective upon execution by all Parties.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement No. C-3-3023 to be
executed as of the date of the last signature below.
CITY OF SANTA ANA
Bv:
Alvaro Nunez
Acting City Manager
ATTEST:
By:
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM
By:
Jonathan T. Martinez
Assistant City Attorney
Dated:
RECOMMENDED FOR APPROVAL
By:
Nabil Saba, PE
Executive Director
Public Works Agency
Dated:
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