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Home My WebLink AboutCC AG PKT 2014-07-14 #I SEAL AGENDA STAFF REPORT DATE: July 14, 2014 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Sean P. Crumby, Director of Public Works SUBJECT: AMEND AGREEMENT NO. C-1-2784 WITH ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) SUMMARY OF REQUEST: That the City Council adopt Resolution No. 6487 approving Amendment No. 2 to the Master Funding Agreement No. C-1-2784 between Orange County Transportation Authority (OCTA) and the City of Seal Beach for M2 Comprehensive Transportation Funding Programs. BACKGROUND AND ANALYSIS: After the voter approval of Measure M in 1990 and again in 2006, the City of Seal Beach entered into a Master Funding Agreement (Agreement) with OCTA that sets the criteria for receiving, accounting, and expending Measure M funds. The Agreement has since been modified and supplemented by amendments and letter agreements. The original Agreement and a previously approved amendment are on file with the City Clerk. OCTA is requesting the City to approve a second amendment to the Agreement to clarify the relationship of the letter agreements and amendments, reorder the numbering of the same, and make minor adjustments to the "Delegated Authority" and "Audit and Inspection" terms of the Agreement. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed the proposed amendment resolution and approved each as to form. Agenda Item FINANCIAL IMPACT: There is no financial impact related to this item. RECOMMENDATION: That the City Council adopt Resolution No. 6487 approving Amendment No. 2 to the Master Funding Agreement No. C-1-2784 between Orange County Transportation Authority (OCTA) and the City of Seal Beach for M2 Comprehensive Transportation Funding Programs. SUBMITTED BY: NOTED AND APPROVED: ill . Ing ra mSeanP. 0 run ' er Director of Public Works Prepared by: Michael Ho, Deputy Director/City Engineer Attachments: A. Resolution No. 6487 B. Amendment No. 2 to Agreement C-1-2784 Page 2 RESOLUTION NUMBER 6487 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AMENDMENT NO. 2 TO THE MASTER FUNDING AGREEMENT NO. C-1-2784 WITH ORANGE COUNTY TRANSPORTATION AUTHORITY FOR M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAMS NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: SECTION 1. The City Council hereby approves Amendment No. 2 to the Master Funding Agreement No. C-1-2784 between the Orange County Transportation Authority and the City of Seal Beach for M2 Comprehensive Transportation Funding Programs. 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 14th day of July,2014 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 } 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 6487 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of July 2014. City Clerk 1 AMENDMENT NO. 2 TO 2 MASTER FUNDING AGREEMENT NO. C-1-2784 3 BETWEEN 4 ORANGE COUNTY TRANSPORTATION AUTHORITY 5 AND 6 CITY OF SEAL BEACH 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 Seal Beach , 211 8th Street. Seal Beach, California, 90740, a municipal 13 corporation (hereinafter referred to as "AGENCY") each individually known as "Party" and collectively 14 known as the"Parties". 15 WITNESSETH: 16 WHEREAS, by Agreement No. C-1-2784 dated August 19, 2011, as last changed by Letter 17 Agreement No. 4 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-1-2784 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 2784 issued to date as follows: Amendment No. 3 dated October 1, 2013 is changed to Amendment 4 No. 1, with the subsequent Amendments to the Master Funding Agreement to be numbered 5 sequentially beginning with this Amendment No. 2; and 6 WHEREAS, the next Letter Agreement to be issued will be No. 5 with Attachment A-5-, Letter 7 Agreement No. 3 and Attachment A-4 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-1-2784 is hereby amended in the following particulars only: 12 1. Amend ARTICLE 6. 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. 3 dated October 7, 2013 (now identified as Amendment No. 1), to delete in its entirety and in lieu 20 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-1-2784 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 Seal Beach Orange County Transportation Authority 10 211 8th Street. 550 South Main Street 11 Seal Beach, CA, 90740 P.O. Box 14184 12 Orange, CA 92863-1584 13 ATTENTION: Sean Crumby ATTENTION: Michael Le 14 Director of Public Works Associate Contract Administrator 15 Tel: (562)431-2527 Tel:(714) 560—5314 16 E-mail: scrumby @sealbeachca.gov E-mail: mlell octa.net 17 / 18 i 19 / 20 / 21 / 22 / 23 / 24 I 25 / 26 / Page 3of4 AMENDMENT NO. 2 TO AGREEMENT NO. C-1-2784 1 The balance of Agreement No. C-1-2784 remains unchanged 2 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement 3 C-1-2784 to be executed as of the date first above written. 4 CITY OF SEAL BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY 5 By: By:— 6 ft**-)Q0WX Jill R, Ingram Meena Katakia 7 MR City Manager Manager, Capital Projects 8 ATTEST: APPRO TO FORM: 9 By: By: = 10 Linda Devine Kennard R. Smart, Jr. 11 City Clerk General Counsel 12 APPROVED AS TO FORM: 13 14 By: 15 Vj"M#W Steven L . Flower City Attorney 16 Dated: 17 18 19 20 21 22 23 24 25 ,26 -'J k Page 4 of 4