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Home My WebLink About04 APPROVE AMENDMENT NO. 2 TO C-1-2786 WITH OCTA FOR M2 TRANSPORTATION FUNDING ` dl m 4 AGENDA REPORT ' Reviewed: 6,&10 City Manager • Finance Director N/A MEETING DATE: JULY 15, 2014 TO: JEFFREY C. PARKER, CITY MANAGER FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS /CITY ENGINEER SUBJECT: APPROVE AMENDMENT NO. 2 TO MASTER FUNDING AGREEMENT NO. C-1-2786 WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAMS SUMMARY Master Funding Agreement No. C-1-2786 between the City of Tustin and the Orange County Transportation Authority (OCTA) defines specific terms, conditions and funding responsibilities for Comprehensive Transportation Funding Programs (CTFP) and Local Fair Share Program Net Revenues under Renewed Measure M (M2). OCTA has issued Amendment No. 2, which includes minor modifications to the City's Master Funding Agreement. RECOMMENDATION It is recommended that the City Council approve Amendment No. 2 to the Master Funding Agreement No. C-1-2786 with the Orange County Transportation Authority for M2 Comprehensive Transportation Funding Programs and authorize the Mayor and City Clerk to execute the Amendment on behalf of the City. FISCAL IMPACT Master Funding Agreement No. C-1-2786 provides the mechanism for funding City capital projects under the M2 CTFP and Local Fair Share Programs. CORRELATION TO STRATEGIC PLAN This agreement contributes to the fulfillment of three goals in the City's Strategic Plan. First is contribution to the fulfillment of the City's Strategic Plan Goal A: Economic and Neighborhood Development; specifically the project implementation of Strategy #1 which, among other items, is to develop critical phases of Tustin Legacy. Secondly is implementation of Goal B, Strategy #3 to ensure public safety and protection of assets through continuous maintenance and improvement of public facilities. Lastly the project also addresses Goal D, Strategy #2 by working collaboratively with agencies to address issues of mutual interest and concern. Amendment No. 2 to OCTA Master Funding Agreement July 15, 2014 Page 2 DISCUSSION In order to take advantage of the renewed Measure M (M2) program, the City entered into a Master Funding Agreement with OCTA on October 4, 2011. The Agreement defines the specific terms, conditions and funding responsibilities between OCTA and the City for CTFP and Local Fair Share Program Net Revenues under M2. As outlined in the Agreement, CTFP funds are allocated to eligible jurisdictions on a competitive basis and Local Fair Share Program Net Revenues are distributed on a formula basis. Staff finds the proposed changes as defined in Amendment No. 2 to be minor administrative modifications and recommends the City Council approve Amendment No. 2 to the Master Funding Agreement No. C-1-2786 with the Orange County Transportation Authority for M2 Comprehensive Transportation Funding Programs and authorize the Mayor and City Clerk to execute the Amendment on behalf of the City The City Attorney has reviewed and approved this Agreement as to form. t •irii ►you• a147 Stack, P.E. Dire,t• Public Works/City Engineer . Attachment: Amendment No.2 to OCTA Master Funding Agreement No. C-1-2786 • S:\City Council Items\2014 Council Items\07-15-2014tApproval of Amendment No.2 to OCTA Master Funding Agreement No.C-1- 2786.docx 1 AMENDMENT NO. 2 TO 2 MASTER FUNDING AGREEMENT NO. C-1-2786 3 BETWEEN 4 ORANGE COUNTY TRANSPORTATION AUTHORITY 5 AND 6 CITY OF TUSTIN 7 FOR 8 M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAMS 9 THIS AMENDMENT NO. 2 is effective this day of 2014, by and 10 between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, 11 California 92863-1584, a public corporation of the State of California (hereinafter referred to as 12 "AUTHORITY"), and the City of Tustin, 300 Centennial Way, Tustin, CA 92780, a municipal corporation 13 (hereinafter referred to as "AGENCY") each individually known as "Party" and collectively known as the 14 "Parties". 15 WITNESSETH: 16 WHEREAS, by Agreement No. C-1-2786 dated October 4, 2011, as last changed by Letter 17 Agreement No. 6 dated November 15, 2013, AUTHORITY and AGENCY entered into a Master 18 Funding Agreement that defines the specific terms and conditions and funding responsibilities between 19 AUTHORITY and AGENCY for Comprehensive Transportation Funding Programs (CTFP) and Local 20 Fair Share Program Net Revenues; 21 WHEREAS, currently Letter Agreements and Amendments to the Master Funding Agreement 22 (Amendments) are numbered sequentially as issued; and 23 WHEREAS, the Letter Agreements are sub-agreements to the Master Funding Agreement; and • 24 WHEREAS, the AUTHORITY and AGENCY desire to separate the Letter Agreements from the 25 Amendments and assign separate numbering conventions to each; and 26 / Page 1 of 4 AMENDMENT NO. 2 TO AGREEMENT NO. C-1-2786 1 WHEREAS, due to the change in the numbering convention for the Letter Agreements and 2 Amendments, this Amendment No. 2 will revise the numbering for Amendments to Agreement No. C-1- 3 2786 issued to date as follows: Amendment No. 5 (Revised) dated July 1, 2013 is changed to 4 Amendment No. 1, with the subsequent Amendments to the Master Funding Agreement to be 5 numbered sequentially beginning with this Amendment No. 2; and 6 WHEREAS, the next Letter Agreement to be issued will be No. 7 with Attachment A-7; Letter 7 Agreement No. 5 and Attachment A-6 will not be used; and 8 WHEREAS, AUTHORITY is revising the audit language with no change to the maximum 9 cumulative obligation; and 10 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and AGENCY that 11 agreement No. C-1-2786 is hereby amended in the following particulars only: 12 1. Amend ARTICLE 5. DELEGATED AUTHORITY, page 6 of 10, to delete in its entirety and 13 in lieu thereof insert: 14 "The actions required to be taken by AGENCY in the implementation of this Agreement are 15 delegated to its Director of Public Services, or his/her designee, and the actions required to be taken by 16 AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief Executive 17 Officer or designee." 18 '2. Amend ARTICLE 6. AUDIT AND INSPECTION, page 6 of 10, last changed by Amendment 19 No. 5 (Revised) dated July 1, 2013 (now identified as Amendment No. 1), to delete in its entirety and in 20 lieu thereof insert: 21 "AUTHORITY and AGENCY shall maintain a complete set of records in accordance with 22 generally accepted accounting principles. Upon reasonable notice, AGENCY shall permit the 23 authorized representatives of the AUTHORITY to inspect and audit all work, materials, payroll, 24 contracts, books, accounts, and other data and records of AGENCY for a period of five (5) years after 25 final payment by AUTHORITY for CTFP projects. For the Local Fair Share program, upon reasonable 26 notice, AGENCY shall permit the authorized representatives of the AUTHORITY to inspect and audit all Page 2 of 4 AMENDMENT NO. 2 TO AGREEMENT NO. C-1-2786 1 work, materials, payroll, contracts, books, accounts, and other data and records of AGENCY for a 2 period of five (5) years after expenditure of funds or five (5) years after final payment of debt service 3 where local fair share revenues were pledged, whichever is longer. AUTHORITY shall have the right to 4 reproduce any such books, records, and accounts. The above provision with respect to audits shall 5 extend to and/or be included in contracts with AGENCY's contractor(s)." 6 3. Amend ARTICLE 8. ADDITIONAL PROVISIONS, page 9 of 10, Paragraph L, to update 7 AUTHORITY's contact information. 8 To AGENCY: To AUTHORITY: 9 City of Tustin Orange County Transportation Authority 10 300 Centennial Way 550 South Main Street 11 Tustin, CA 92780 P.O. Box 14184 12 Orange, CA 92863-1584 13 ATTENTION: Doug Stack ATTENTION: Michael Le 14 Director of Public Works Associate Contract Administrator 15 Tel: (714) 573-3150 Tel:(714) 560—5314 16 / E-mail: mle1 nocta.net 17 / 18 / 19 / 20 / , 21 / 22 / 23 / 24 / 25 / 26 / Page 3 of 4 AMENDMENT NO. 2TO AGREEMENT NO. C-1-2786 1 The balance of Agreement No. C-1-2786 remains unchanged 2 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement 3 C-1-2786 to be executed as of the date first above written. 4 CITY OF TUSTIN ORANGE COUNTY TRANSPORTATION AUTHORITY 5 By: By: 6 Mayor-Al Murray Meena Katakia Mayor Manager, Capital Projects 7 8 ATTEST: APPROVED OF' '� 9 By: By: 10 Jeffrey C. Parker Kennard R. Smart, Jr. City Clerk General Counsel 11 12 APP• • • - oAS TO •RM: 13 Op. 14 By: it/_dl_J� ts... 15 David Kendig City Attorney 16 Dated: 17 18 19 20 21 22 23 24 25 26 Page 4 of 4