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Home My WebLink About25I - AGMT - AMEND M2 MASTER FUNDINGREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 16, 2014 TITLE: AMEND MASTER FUNDING AGREEMENT WITH OCTA FOR MEASURE M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAMS CITY MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute Amendment No. 2 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 On August 24, 2011, City Council approved execution of the Master Funding Agreement with the Orange County Transportation Authority (OCTA) to receive revenues from the one -half -cent sales tax Measure M that was approved by voters in November 2007. The Master Funding Agreement stipulates the terms, conditions, and responsibilities for receiving the renewed Measure M2 funds and implementing the Comprehensive Transportation Funding Programs according to the established guidelines. Subsequent to execution of the Master Funding Agreement, OCTA and the City have entered into Amendments and Letter Agreements, as needed, to modify the terms of the agreement and to reflect project funding awarded to the City. Amendment No. 2 reflects administrative revisions regarding the numbering convention for Letter Agreements and Amendments, and replaces language from the Master Funding Agreement Article 5 — Delegated Authority and Article 6 — Audit and Inspection. Approval of this recommended action will allow the City to continue participation in all Measure M2 Comprehensive Transportation Funding Programs. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 Economic Development, Objective #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans /projects including: The Fixed Guideway Project, Santa Ana Regional Transportation Center Master Plan, Complete Streets and General Plan Circulation Element update); and, Goal #6 Community Facilities & 251 -1 Amend Master Funding Agreement with OCTA September 16, 2014 Page 2 Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans (e.g. transit vision, street car, Fixed Guideway Project, SARTC master plan, Bristol Street widening, neighborhood streets, traffic improvements, park facilities, sport fields, soccer fields, senior centers, bike master plan, etc.). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action FISCAL IMPACT There is no fiscal impact associated with this action. Edwin "William" ez, P.E. Interim Executi a Director Public Works Agency EWG /ML Exhibit: 1. Amendment No. 2 to OCTA Agreement No. C -1 -2783 251 -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, 2 TO MASTER FUNDING AGREEMENT NO. C- 1.2783 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SANTA ANA FOR M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAMS THIS AMENDMENT NO. 2 is effective this day of 2014, 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 Santa Ana , 20 Civic Center Plaza, Santa Ana, CA 92702, a municipal corporation (hereinafter referred to as "AGENCY") each individually known as "Party" and collectively known as the "Parties ". WITNESSETH: WHEREAS, by Agreement No. C -1 -2783 dated October 4, 2011, as last changed by Letter Agreement No. 7 dated January 3, 2014, 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, currently Letter Agreements and Amendments to the Master Funding Agreement (Amendments) are numbered sequentially as issued; and WHEREAS, the Letter Agreements are sub - agreements to the Master Funding Agreement; and WHEREAS, the AUTHORITY and AGENCY desire to separate the Letter Agreements from the Amendments and assign separate numbering conventions to each; and Page 1 of 4 251 -3 AMENDMENT NO.2 TO AGREEMENT NO. C -1 -2783 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 2783 Issued to date as follows: Amendment No. 6 dated May 2, 2014 is changed to Amendment No. 1, 4 with the subsequent Amendments to the Master Funding Agreement to be numbered sequentially 5 beginning with this Amendment No. 2; and 6 WHEREAS, the next Letter Agreement to be issued will be No. 8 with Attachment A -8; Letter 7 Agreement No. 6 with Attachment A -6 and Attachment A -7 will not be used; and 8 WHEREAS, AUTHORITY is revising the audit language with no change to the maximum g cumulative obligation; and 10 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and AGENCY that 11 agreement No. C -1 -2783 is hereby amended in the following particulars only: 12 1. Amend ARTICLES. 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 Executive Director of Public Works, or his /her designee, and the actions required to be 16 taken by AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief 17 Executive Officer or designee." 18 2. Amend ARTICLE 6. AUDIT AND INSPECTION, page 6 of 10, last changed by Amendment 19 No. 6 dated May 2, 2014 (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 4 251 -4 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.2 TO AGREEMENT NO. C- 1.2783 work, materials, payroll, contracts, books, accounts, and other data and records of AGENCY for a period of five (5) years after expenditure of funds or five (5) years after final payment of debt service where local fair share revenues were pledged, whichever is longer. 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)." 3. Amend ARTICLE 8. ADDITIONAL PROVISIONS, page 9 of 10, Paragraph L, to update AUTHORITY's contact information. To AGENCY: To AUTHORITY: City of Santa Ana Orange County Transportation Authority 20 Civic Center Plaza 550 South Main Street Santa Ana, CA 92702 P.O. Box 14184 Orange, CA 92863 -1584 ATTENTION: Edwin "William" Galvez, RE. ATTENTION: Michael Le Interim Executive Director Associate Contract Administrator Public Works Agency Tel: (714) 647 -5690 E -mail: publio-works(8santa- ana.org / Tel: (714) 560 -5314 E -mail: mle1(cb-octa.net Page 3 of 4 251 -5 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. 2 TO AGREEMENT NO. C- 1.2783 The balance of Agreement No. C- 1.2783 remains unchanged IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 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: Miguel Pulido Mayor ATTEST: By: Maria D. Huizar City Clerk APP //ROVED AS TO FORM: By, ZI is R. Carvalho C' Attorney � Dated: 9-S - Meena Katakia Manager, Capital Projects APPROVED AS TO FORM: By: Kennard R, Smart, Jr. General Counsel So Page 4of4 251 -6