HomeMy WebLinkAboutCC AG PKT 2011-07-25 #GAGENDA STAFF REPORT
DATE: July 25, 2011
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Sean P. Crumby, Assistant City Manager /Public Works
SUBJECT: ORANGE COUNTY TRANSPORTATION AUTHORITY
(OCTA) MEASURE M2 - MASTER FUNDING
AGREEMENT NO. C -1 -2784
SUMMARY OF REQUEST:
That the City Council adopt Resolution No. 6169 authorizing the City Manager to
execute and enter into an Agreement with OCTA's Master Funding Agreement
for Measure M2.
BACKGROUND AND ANALYSIS:
In 2006 the voters of Orange County approved M2, an extension of the Measure
M Program. Measure M provides the City with transportation funding through
competitive grants and per capita funding. One requirement of Measure M is that
each City executes a Master Agreement, which details the criteria for receiving,
accounting and expending Measure M funds.
This agreement will allow the City to apply for competitive grants throughout
Orange County.
The City of Seal Beach executed similar agreements during the previous
Measure M program from which the City has successfully received over $10
million in transportation funding.
ENVIRONMENTAL IMPACT:
There is no Environmental Impact related to this item.
FINANCIAL IMPACT:
There is no Financial Impact related to this item.
Agenda Item G
Page 2
RECOMMENDATION:
It is recommended the City Council adopt Resolution No. 6169 authorizing the
City Manager to execute and enter into an Agreement with OCTA's Master
Funding Agreement for Measure M2.
SUBMITTED BY:
Sean P. Crumb',
Assistant City Manager/Pubd Works
NOTED AND APPROVED:
J111,JR. Ingram, City ager
Prepared by: Cesar Rangel, Assistant Engineer
Attachments:
A. Resolution No. 6169
B. OCTA Master Funding Agreement No. C -1 -2784
RESOLUTION NUMBER 6169
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AGREEMENT NO. C -1 -2784 WITH THE ORANGE
COUNTY TRANSPORTATION AUTHORITY REGARDING THE
MASTER FUNDING AGREEMENT FOR MEASURE M2
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves Agreement No. C -1 -2784 between
the City of Seal Beach and Orange County Transportation Authority.
Section 2. The City Council hereby authorizes the City Manager to execute the
Agreement.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 25th day of July , 2011 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6169 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council at
a regular meeting held on the 25th day of July , 2011.
City Clerk
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MASTER FUNDING AGREEMENT NO. C -1 -2784
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SEAL BEACH
FOR
M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAMS
THIS AGREEMENT is effective this day of 2011, by and
between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange,
California 92863 -1584, a public corporation of the State of California (hereinafter referred to as
"AUTHORITY "), and the City of Seal Beach, 211 Eighth Street, Seal Beach, CA 90740, a municipal
corporation (hereinafter referred to as "AGENCY ").
RECITALS
WHEREAS, Voters approved Renewed Measure M (M2) on November 7, 2006; and
WHEREAS, Orange County Local Transportation Authority Ordinance No. 3 outlines the M2
Transportation Ordinance and Investment Plan to fund transportation facility and service improvement
programs for a period of thirty years commencing on April 1, 2011; and
WHEREAS, AUTHORITY and AGENCY agree that M2 funding is subject to AGENCY fulfilling
M2 eligibility requirements; and
WHEREAS, AUTHORITY's Board of Directors approved the Renewed Measure M Eligibility
Guidelines - Local Agency Preparation Manual on January 25, 2010 and subsequent amendments on
March 14, 2011 and April 11, 2011; and
WHEREAS, AUTHORITY's Board of Directors approved the Comprehensive Transportation
Funding Programs (CTFP) Guidelines on March 22, 2010; and
WHEREAS, AUTHORITY will periodically update the Renewed Measure M2 Eligibility
Guidelines - Local Agency Preparation Manual and the CTFP Guidelines whereby the most recent
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update is incorporated herein by reference; and
WHEREAS, AUTHORITY has approved AGENCY's competitive project(s) (hereinafter referred
to as "PROJECT(s) ") as specified in Attachment A "Projects List" to receive funding under the CTFP;
and
WHEREAS, AUTHORITY has determined that AGENCY's PROJECT(s) has met the
requirements of and is eligible under the CTFP Guidelines; and
WHEREAS, AGENCY's "Project List" may be amended to include new projects with each
competitive call for projects and will be incorporated by Letter Agreement executed by both parties and
incorporated herein; and
WHEREAS, the Letter Agreement may include additional requirements for PROJECT(s) funded
with sources other than M2 or Local Fair Share Net Revenues sources; and
WHEREAS, AUTHORITY and AGENCY agree that Local Fair Share Program Net Revenues
are distributed on a formula basis to eligible jurisdictions; and
WHEREAS, payment terms for this Master Funding Agreement will be in accordance with
Chapter 10 of the CTFP Guidelines; and
WHEREAS, this Master Funding Agreement defines the specific terms and conditions and
funding responsibilities between AUTHORITY and AGENCY for CTFP and Local Fair Share Program
Net Revenues; and
WHEREAS, AUTHORITY's Board of Directors approved this Master Funding Agreement on
June 27, 2011; and
WHEREAS, the AGENCY's City Council approved this Agreement on the day of
2011;
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and AGENCY as
follows:
ARTICLE 1. COMPLETE AGREEMENT
A. This Agreement, including any attachments incorporated herein and made applicable by
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1 reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this
2 agreement between AUTHORITY and AGENCY and it supersedes all prior representations,
3 understandings, and communications. The invalidity in whole or in part of any term or condition of this
4 Agreement shall not affect the validity of other term(s) or conditions(s) of this Agreement. The above
5 referenced Recitals are true and correct and are incorporated by reference herein.
6 B. AUTHORITY'S failure to insist on any instance(s) of AGENCY's performance of any
7 term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of
8 AUTHORITY's right to such performance or to future performance of such term(s) or condition(s), and
g AGENCY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of
10 this Agreement shall not be binding upon AUTHORITY except when specifically confirmed in writing by
11 an authorized representative of AUTHORITY by way of a written amendment to this Agreement and
12 issued in accordance with the provisions of this Agreement.
13 C. AGENCY's failure to insist on any instance(s) of AUTHORITY's performance of any
14 term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of
15 AGENCY's right to such performance or to future performance of such term(s) or condition(s), and
16 AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any
17 portion of this Agreement shall not be binding upon AGENCY except when specifically confirmed in
18 writing by an authorized representative of AGENCY by way of a written amendment to this Agreement
19 and issued in accordance with the provisions of this Agreement.
20 ARTICLE 2. SCOPE OF AGREEMENT
21 This Agreement specifies the roles and responsibilities of both AUTHORITY and AGENCY as
22 they pertain to the subjects and projects addressed herein. Both AUTHORITY and AGENCY agree
23 that each will cooperate and coordinate with the other in all activities covered by this Agreement and
24 any other supplemental agreements, including Letter Agreements, which may be required to facilitate
25 purposes thereof.
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MASTER FUNDING AGREEMENT NO. C -1 -2784
1 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
2 AUTHORITY agrees to the following responsibilities for funding of PROJECT(s):
3 A. AUTHORITY shall allocate M2 Net Revenues as specified in Ordinance No. 3 and pay
4 AGENCY in accordance with the policies and procedures contained in the CTFP manual and
5 AUTHORITY's Board of Directors approved PROJECT budgets.
6 B. AUTHORITY shall provide guidance and oversight of the M2, state and federal funds in
7 compliance with M2 eligibility guidelines, CTFP Guidelines, state and federal funding requirements and
8 allocation and reporting requirements.
9 C. Within thirty (30) days of receipt of an acceptable initial payment CTFP invoice and
10 within sixty (60) days for an acceptable final payment invoice for eligible expenditures, AUTHORITY
11 shall, in accordance with Chapter 10 of the CTFP Guidelines, remit to AGENCY the required
12 reimbursement for applicable planning, environmental, engineering, right -of -way and construction
13 activities.
14 D. AUTHORITY shall pay Net Revenues allocated for the Local Fair Share Program to
15 eligible AGENCY within sixty (60) days of receipt by AUTHORITY.
16 E. AUTHORITY shall process any required Federal Transportation Improvement Program
17 (FTIP) amendments, Subject to state and federal regulations and guidelines prepared by the Southern
18 California Association of Governments.
19 F. At the request of AGENCY, AUTHORITY shall, in accordance with AUTHORITY
20 specification and no cost to the AGENCY excluding installation and removal expenses, provide signage
21 for all construction PROJECT(s) that are in excess of FIVE HUNDRED THOUSAND DOLLARS
22 ($500,000) and exceed a ninety (90) day construction schedule.
23 G. AUTHORITY, or agents of AUTHORITY, may upon close -out of each PROJECT(s)
24 under this Agreement, perform an audit and or technical review to ensure that CTFP Guidelines policies
25 and procedures were followed. Such audit shall be performed within one hundred and eighty (180)
26 days of AUTHORITY receiving the final report for each PROJECT(s). If the audit or technical review
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MASTER FUNDING AGREEMENT NO. C -1 -2784
1 determines that any of the activities performed are ineligible for CTFP funding, AGENCY must return
2 the amount of funding used to perform the ineligible activity to AUTHORITY in accordance with Article
3 4.G.
4 ARTICLE 4. RESPONSIBILITIES OF AGENCY
5 AGENCY agrees to the following responsibilities for PROJECT(s):
6 A. AGENCY or AGENCY's designee will act as the lead agency for all phases of the
7 PROJECT(s) identified in Attachment A, approved for M2 funding.
8 B. AGENCY agrees that M2 funding is subject to AGENCY meeting all of the requirements
g outlined in the M2 Eligibility Guidelines and CTFP Guidelines.
10 C. AGENCY agrees to implement and complete PROJECT(s) funded under this
11 Agreement in accordance with the CTFP Guidelines, M2 Eligibility requirements and application
12 submitted to AUTHORITY.
13 D. AGENCY agrees to submit all PROJECT information to the Federal Transportation
14 Improvement Program and OCFundTracker during semi - annual reviews and as requested by the
15 AUTHORITY in accordance with the prescribed deadlines.
16 E. AGENCY agrees to obligate funds in the programmed year in accordance with the
17 CTFP Guidelines and adhere to any additional requirements identified in any and all Letter
18 Agreement(s) amended hereto.
19 F. AGENCY agrees to enter into and required Letter Agreement for PROJECT(s) approved
20 by the Board to define specific funding and reporting requirements.
21 G. AGENCY shall return funds expended on activities, other than those approved by the
22 AUTHORITY's Board of Directors, within thirty (30) day's of AUTHORITY's written demand. Any
23 AGENCY which uses funds for other than transportation purposes shall be deemed ineligible to receive
24 funds for a period of five (5) years.
25 H. AGENCY agrees to dispose of any acquired right -of -way in excess of the required
26 transportation use. Excess right -of -way must be identified at the time of initial payment submittal and
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1 prior to the disposal process. Resolution of any issues regarding whether or not a right -of -way is
2 excess to the transportation improvement will be by the mutual agreement of AUTHORITY and
3 AGENCY. Excess land acquired with CTFP funds shall be sold by AGENCY in accordance with
4 Government Code Sections 54220 -54232 and proceeds from the sale shall be returned immediately to
5 AUTHORITY.
6 I. AGENCY will comply with all federal, state and local laws and regulations, including the
7 Renewed Measure M2 Eligibility Guidelines — Local Agency Preparation Manual and the CTFP
8 Guidelines, which are incorporated herein by reference.
9 J. AGENCY shall install and remove signage for all competitively awarded construction
10 PROJECT(s) that are in excess of $500,000 and exceed a 90 day construction period in accordance
11 with AUTHORITY specifications during construction period. AGENCY may request AUTHORITY
12 furnished signage or it may choose to provide AGENCY furnished signage so long as said signage
13 conforms to AUTHORTY specifications as follows: Signage shall include a Measure M2 logo that is a
14 minimum of twelve inches (12 ") tall, an OCTA logo that is a minimum of three inches (3 ") tall (image
15 files provided by OCTA upon request), verbiage stating "Street Improvements Funded by Measure M"
16 in Myriad Pro, bold condensed font at two hundred and fifty six (256) pt. and "Your dollars at Work" in
17 Myriad Pro, bold condensed font at one hundred and eighty (180) pt.
18 ARTICLE 5. DELEGATED AUTHORITY
19 The actions required to be taken by AGENCY in the implementation of this Agreement are
20 delegated to its Director of Public Works, or his /her designee, and the actions required to be taken by
21 AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief Executive
22 Officer.
23 ARTICLE 6. AUDIT AND INSPECTION
24 AUTHORITY and AGENCY shall maintain a complete set of records in accordance with
25 generally accepted accounting principles. Upon reasonable notice, AGENCY shall permit the
26 authorized representatives of the AUTHORITY to inspect and audit all work, materials, payroll, books,
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accounts, and other data and records of AGENCY for a period of four (4) years after final payment, or
completion of audit by the AUTHORITY, or after final payment of debt service where local fair share
revenues were pledged, whichever is longer. For purposes of audit, the date of completion of this
Agreement shall be the date of AUTHORITY's payment of AGENCY's final billing (so noted on the
invoice) under this Agreement. AUTHORITY shall have the right to reproduce any such books, records,
and accounts. The above provision with respect to audits shall extend to and /or be included in contracts
with AGENCY's contractor(s).
ARTICLE 7. INDEMNIFICATION
A. AGENCY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors,
employees and agents from and against any and all claims (including attorney's fees and reasonable
expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, worker's
compensation subrogation claims, damage to or loss of use of property alleged to be caused by the
negligent acts, omissions or willful misconduct by AGENCY, its officers, directors, employees or agents
in connection with or arising out of the performance of this Agreement.
B. AUTHORITY shall indemnify, defend and hold harmless AGENCY, its officers, directors,
employees and agents from and against any and all claims (including attorney's fees and reasonable
expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, worker's
compensation subrogation claims, damage to or loss of use of property alleged to be caused by the
negligent acts, omissions or willful misconduct by AUTHORITY, its officers, directors, employees or
agents in connection with or arising out of the performance of this Agreement.
C. The indemnification and defense obligations of this Agreement shall survive its
expiration or termination.
ARTICLE 8. ADDITIONAL PROVISIONS
A. Term of Agreement: This Agreement shall continue in full force and effect through final
acceptance of PROJECT by AUTHORITY, or until March 31, 2041 whichever is later. This Agreement
may be extended at the mutual consent of both parties
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1 B. Termination: This agreement is null and void if PROJECT is not awarded. However,
2 AUTHORITY agrees to reimburse AGENCY for any costs incurred up to the official date of notification
3 to AGENCY that PROJECT will not be awarded.
4 C. AUTHORITY and AGENCY shall comply with all applicable federal, state, and local
5 laws, statues, ordinances and regulations of any governmental authority having jurisdiction over the
6 PROJECT(s).
7 D. Legal Authority AUTHORITY and AGENCY hereto consent that they are authorized to
8 execute this Agreement on behalf of said parties and that, by so executing this agreement, the parties
g hereto are formally bound to the provisions of this Agreement.
10 E. Severability: If any term, provision, covenant or condition of this Agreement is held to be
11 invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the
12 remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or
13 condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
14 F. Counterparts of Agreement: This Agreement may be executed and delivered in any
15 number of counterparts, each of which, when executed and delivered shall be deemed an original and
16 all of which together shall constitute the same agreement. Facsimile signatures will be permitted.
17 G. Force Maieure Either Party shall be excused from performing its obligations under this
18 Agreement during the time and to the extent that it is prevented from performing by an unforeseeable
19 cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God;
20 commandeering of material, products, plants or facilities by the federal, state or local government;
21 national fuel shortage; or a material act or omission by the other party; when satisfactory evidence of
22 such cause is presented to the other Party, and provided further that such nonperformance is
23 unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing.
24 H. Assignment Neither this Agreement, nor any of the Parties rights, obligations, duties, or
25 authority hereunder may be assigned in whole or in part by either Party without the prior written consent
26 of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed
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MASTER FUNDING AGREEMENT NO. C -1 -2784
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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.
I. Obligations To Comply with Law: Nothing herein shall be deemed nor construed to
authorize or require any Party to issue bonds, notes or other evidences of indebtedness under the
terms, in amounts, or for purposes other than as authorized by local, state or federal law.
J. Governing Law: The laws of the State of California and applicable local and federal
laws, regulations and guidelines shall govem 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 AGENCY:
To AUTHORITY:
City of Seal Beach
Orange County Transportation Authority
211 Eighth Street
550 South Main Street
Seal Beach, CA 90740
P.O. Box 14184
Orange, CA 92863 -1584
ATTENTION: Sean Crumby, Director of Public
ATTENTION: Marvin Cruz, Senior Contract
Works
Administrator
Tel: (562) 430 -8763
Tel: (714) 560 — 5568
Email: scrumby(cDci.seal- beach.ca.us
Email: mcruz ,octa.net
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MASTER FUNDING AGREEMENT NO. C -1 -2784
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This Agreement shall be made effective upon execution by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C -1 -2784 to be executed
on the date first above written.
CITY OF SEAL BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY
By: By:
UNYa`aIKMh1X Jill R. Ingram Will Kempton
y' City Manager Chief Executive Officer
ATTEST: APPROVED AS TO FORM:
By: By: 2
Linda Devine Kennard R. Smart, Jr.
City Clerk General Counsel
APPROVED AS TO FORM: APPROVAL RECOMMENDED:
AGE Att rney
By: By:
Quinn M. Barrow
City Attorney
Dated:
Kia Mortazavi
Executive Director, Planning
Dated:
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AGREEMENT NO. C -1 -2784
I•_ 'va :T►�it - W 111119_1
M2 CTFP MASTER FUNDING AGREEMENT
City of Seal Beach - Project List
Letter
CTFP Programmed Agreement
Project Description Amount Fiscal Year Board Date No.
No projects awarded under 2010 call