HomeMy WebLinkAbout25F - AGMT - MASTER FUNDING AGMT - M2REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 18, 2014
TITLE:
AMEND MASTER FUNDING AGREEMENT
WITH OCTA FOR MEASURE M2
COMPREHENSIVE TRANSPORTATION
FUNDING PROGRAMS
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on I" Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute Amendment No. 6 to the Master
Funding Agreement with the Orange County Transportation Authority for the M2 Comprehensive
Transportation Funding Programs, subject to nonsubstantive changes approved by the City
Manager and City Attorney.
DISCUSSION
Approval of this recommended action will allow the City to continue participation in all Measure M2
Comprehensive Transportation Funding Programs. The amendment revises the time frame that
the Orange County Transportation Authority (OCTA) can audit the project records from four to five
years after project completion.
On August 24, 2011, City Council approved execution of the Master Funding Agreement with
OCTA to receive revenues from the one - half -cent sales tax Measure M that was approved by
voters on November 2007. The Master Funding Agreement stipulates the terms, conditions, and
responsibilities for receiving funds and implementing the programs according to the established
program guidelines.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
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Amend Master Funding Agreement with OCTA
March 18, 2014
Page 2
FISCAL IMPACT
There is no fiscal impact associated with this action.
2L J
Edwin "William" ealvez, P.E.
Interim Executive Director
Public Works Agency
EWG /VN
Exhibit: 1. Amendment No. 6 to OCTA Agreement No. C -1 -2783
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AMENDMENT NO. 6
MASTER FUNDING AGREEMENT NO. C -1 -2783
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SANTA ANA
FOR
iifrY�L�I� i �C�1 I�1 �:7 E�%1 iff�I�s� f)PCr77ZZ�l LTril;
THIS AMENDMENT NO. 6 is effective this day of 2014, by and
between the Orange County Transportation Authority ( "AUTHORITY "), and the City of Santa Ana, a
municipal corporation (hereinafter referred to as "AGENCY ").
WITNESSETH:
WHEREAS, by Agreement No. C -1 -2783 dated October 4, 2011, as last changed by Letter
Agreement No. 5, AUTHORITY and AGENCY entered into a Master Funding Agreement that defines
the specific terms and conditions and funding responsibilities between AUTHORITY and AGENCY for
Comprehensive Transportation Funding Programs (CTFP) and Local Fair Share Program Net
Revenues;
WHEREAS, AUTHORITY is revising the audit provision 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 -1 -2783 is hereby amended in the following particulars only:
1. Amend ARTICLE 3. RESPONSIBILITIES OF AUTHORITY, page 4 of 10, Paragraph
G, to delete in its entirety and in lieu thereof insert:
"AUTHORITY, or agents of AUTHORITY, may upon close -out off each PROJECT(s) under this
Agreement, perform a technical or field review to ensure that CTFP Guidelines were followed.
Such review may be performed after an acceptable final report has been submitted for each
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AMENDMENT NO.6 TO
AGREEMENT NO. C -1 -2783
PROJECT(s). If the review determines that any of the activities performed are ineligible for
CTFP funding, AGENCY must return the amount of funding used to perform the ineligible
activity to AUTHORITY in accordance with Article 4,G."
2. Amend ARTICLE 6. AUDIT AND INSPECTION, page 7 of 10, line 1, to delete "a period
of four (4) years" and in Ileu thereof insert "a period of five (5) years."
The balance of Agreement No. C -1 -2783 remains unchanged
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 6 to Agreement
C -1 -2783 to be executed as of the date first above written.
CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY
By: By:
ATTEST:
By: —
Maria D. Huizar
City Clerk
APPROVED AS TO FORM:
By: c t.La_ 9W 61L
Sonia R. Carvalho"
City Attorney
Dated:
91
Meena Katakia
Manager, Capital Projects
Kennard R. Smart,
General Counsel
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