HomeMy WebLinkAboutORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (16) - 20141
2
3'
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
28
24
25
26
A- 2014 -231
AMENDMENT NO, 2 TO
MASTER FUNDING AGREEMENT NO, 01.2783
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 6tk6er 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 ".
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 Leafier 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
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
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, P.E. ATTENTION: Michael Le
Interim Executive Director Associate Contract Administrator
Public Works Agency
Tel: (714) 647 -5690
E -mail: public- worksCasanta- ana.orq
Tel: (714) 560 -5314
E -mail: mlel(a)octa.net
Page 3 of 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
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 C U T`LTRA4 SPORTATION AUTHORITY
/ 1
David ®Cavazos Means Kata 1a-
city 2'anager Manager, Capital Projects
ATTEST: AP'.
By: • s( BY:
Marla D. Huizar
City Clerk
APPROVED AS TO FORM:
M-
So la R. Carvalho
C' Attorney
Dated:
Ueneral Counsel
Page 4 of 4