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HomeMy WebLinkAboutCC AG PKT 2012-09-24 #JDATE: September 24, 2012 TO: Honorable Mayor and City Council • . as FROM: Sean P. Crumby, Assistant City Manager/Public Works I I NO � 011: Lei N1 r -IV1 I Me] 0 V-- ffil 10 0 Me I V SUMMARY OF REQUEST: That the City Council adopt Resolution No. 6317 approving Amendment No. 15 to the Master Funding Agreement No. C-95-991 between Orange County Transportation Authority (OCTA) and the City of Seal Beach. After the voter approval of Measure M in 1990 and again in 2006, the City of Seal Beach entered into a Master Funding Agreement with OCTA that sets the criteria for receiving, accounting, and expending Measure M funds. OCTA is requesting an amendment to update the approved project listing, Exhibit A, in the existing cooperative agreement. The amendments are routine, as the projects listed have been previously approved by the City Council during the application process or by the OCTA board. (Original agreement with previous amendments is on file in the City Clerk's Office) This specific amendment addresses project close out procedures which includes the ability for OCTA to perform single audits, field reviews and timeline for said amendments. ENVIRONMENTAL IMPACT: There is no Environmental Impact related to this item. 1111151 111y: rl I 1 11% • Agenda Item J There is no Financial Impact. it is recommended that the City Council adopt Resolution No. 6317 approving Amendment No. 15 to the Master Funding Agreement No. C-95-991 between Orange County Transportation Authority and the City of Seal Beach. SUBMITTED BY: NOTED AND APPROVED: t:i,sSek6 P. Crumby, P.E. Assistant City Manager/Public Works Ingra m, C i Prepared by: Michael Ho, Deputy Director/City Engineer Attachments: A. Resolution No. 6317 B. Amendment No. 15 to Agreement C-95-991 I RESOLUTION NUMBER 6317 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AMENDMENT NO. 15 TO THE MASTER FUNDING AGREEMENT NO. C-95-991 WITH ORANGE COUNTY TRANSPORTATION AUTHORITY. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: SECTION 1. The City Council hereby approves the amendment to Attachment No. 15 of the Master Funding Agreement No. C-95-991 with the Orange County Transportation Authority (Combined Transportation Funding Programs - CTFP). SECTION 2. The Council hereby authorizes the City Manager to execute the amendment to the agreement. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 24th day of September, 2012 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE SS CITY OF SEAL BEACH 1, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6317 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 24th day of September 2012. City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AMENDMENT NO. 15 TO AGREEMENT NO. C-95-991 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SEAL BEACH FOR COMBINED TRANSPORTATION FUNDING PROGRAMS PROJECT THIS AMENDMENT NO. 15 is effective this day of 1 2012, by and between the Orange County Transportation Authority, a public corporation of the State of California (hereinafter referred to as "AUTHORITY"), and City of Seal Beach, a municipal corporation (hereinafter referred to as "AGENCY). WITNESSETH: WHEREAS, by Agreement No. C-95-991 dated August 18, 1995, as last changed by Amendment No.14 dated October 14, 2008, AUTHORITY and AGENCY entered into an agreement which determined that AGENCY was eligible to receive funding under the Combined Transportation Funding Programs (CTFP) as specified in the CTFP Manual and also the Bicycle and Pedestrian Facilities Program; and WHEREAS, AUTHORITY is updating the audit language with no change to the maximum cumulative obligation; and NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and AGENCY that Agreement No. C-95-991 is hereby amended in the following particulars only: 1. Amend Item 5, page 3 of 4, lines 5 through 12, to delete in its entirety and replace with: "5. Upon close-out of each PROJECT(s) under this Agreement and before final payment is processed, AUTHORITY, or other agents of AUTHORITY, may perform a technical and or field review to ensure that CTFP policies and procedures were followed. In addition, an independent audit may be L\CAMMNCLERICALkWORDPROCb4 (3REeAMENOM1595991.00C Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ° 24 ® 25 26 AMENDMENT NO. 15 TO AGREEMENT NO. C -95 -991 performed within 5 years of AUTHORITY releasing the final payment for each PROJECT(s). If the audit determines that any of the activities performed are ineligible for CTFP funding or did not comply with CTFP policies and procedures, AGENCY shall return the amount of funding used to perform ineligible activity to AUTHORITY." The balance of Agreement No. C -95 -991 remains unchanged. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 15 to Agreement No. C -95 -991 to be effective as of the date first above written. CITY OF SEAL BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY M I K.—YeII &H Jill R, Ingram Xx City Manager ATTEST: M Linda Devine City Clerk APPROVED AS TO FORM: By: Quinn Barrow City Attorney Dated in Meena Katakia Manager, Capital Projects APPROVED AS TO FORM: By: Kennard R. Smart, r. General Counsel L: \CAMM \C LERI CAL \WO R DP RO CW GR EEW MEN D\AM 1595991. DOC Page 2of2