1995-0818_OC TRANSPORTATION AUTHORITY_Agenda Report_D16City of San Juan Capistrano
Agenda Report
TO: Karen P. Brust, c· Manager r!{;;.
FROM: ~~l'nterim Public Works Director
an Oswald, Senior Engineer-Traffic
DATE:
11/13/2012
016
SUBJECT: Consideration of Amendment No. 15 to Cooperative Agreement No.
C-95-989, Transportation Funding Programs Master Funding Agreement
(OCTA)
RECOMMENDATION:
By motion, approve Amendment No. 15 to Cooperative Agreement No. C-95-989
Combined Transportation Funding Programs Master Funding Agreement with Orange
County Transportation Authority (OCTA).
EXECUTIVE SUMMARY:
At the August 1, 1995 meeting, the City Council adopted Resolution No. 95-8-1-3
approving Cooperative Agreement No. C-95-989 with the Orange County
Transportation Authority (OCTA) (Attachment 1.)
Staff is now recommending approval of Amendment No. 15 to the Master Agreement
(Attachment 2). This amendment does not change the substance of the agreement, but
does make two revisions to more-clearly define the timeframes of the two audit
procedures outlined in the project close-out process as follows:
1. A technical and/or field review audit, to ensure that Combined Transportation
Funding Program (CTFP) policies and procedures were followed, may be
performed within 90 days following OCT A receiving the final report for the
project( s ).
2. An independent, post-compliance audit may be performed within 5 years of
OCTA releasing the final payment for the project(s).
These timeframes were not clearly defined in the original agreement or previous
amendments and the OCT A Board of Directors has requested they be spelled out in the
agreement. This timeframe falls within standard financial records retention timeframes
of 7-10 years.
City Council Agenda Report
November 13, 2012
Page 2 of 3
DISCUSSION/ANALYSIS:
In 1995, the Orange County Transportation Authority (OCTA) worked with the Technical
Advisory Committee (TAC) to develop a Master Funding Agreement. The TAC is a
committee comprised of Public Works Directors and City Engineers from all the Orange
County Cities and County staff. The purpose of the Master Funding Agreement is to
clarify the roles and responsibilities of the Authority and each local jurisdiction with
respect to delivery of projects funded by Measure M and the Bicycle/Pedestrian
Facilities Program.
By executing the Agreement, OCTA agrees to fund all approved projects. The City of
San Juan Capistrano agrees to complete all phases and activities of the approved
projects in a timely manner. The Agreement provides for periodic reviews and updates.
FISCAL IMPACT:
Approval of Amendment No. 15 will maintain the City's eligibility to receive Measure M
funds and Bicycle/Pedestrian Facilities funds in a timely manner. There is no impact on
City funds.
ENVIRONMENTAL IMPACT:
Not applicable.
PRIOR CITY COUNCIL REVIEW:
The following previous Amendments have been approved by City Council.
Amendment No. 1
Amendment No. 2
Amendment No. 3
Amendment No. 4
Amendment No. 5
Amendment No. 6
Amendment No. 7
Amendment No. 8
Amendment No. 9
Amendment No. 10
Amendment No. 11
Amendment No. 12
Amendment No. 13
October 1999
March 2000
September 2000
October 2001
January 2003
April2003
September 2003
April2004
October 2004
March 2005
November 2005
April2006
October 2007
Amendment No. 14 (Attachment 3) was a minor modification to Amendment 13, and
was approved October 14, 2008, by letter agreement. City Council action was not
required.
City Council Agenda Report
November 13, 2012
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
Not applicable.
NOTIFICATION:
Not applicable.
ATTACHMENT(S):
Attachment 1 -Cooperative Agreement No. C-95-989, Transportation Funding
Programs Master Funding Agreement (OCTA)
Attachment 2 -Amendment No. 15 to Cooperative Agreement No. C-95-989,
Transportation Funding Programs Master Funding Agreement
(OCTA)
Attachment 3 -Amendment No. 14 to Cooperative Agreement No. C-95-989,
Transportation Funding Programs Master Funding Agreement
(OCTA)
..
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• •
COOPERATIVE AGREEMENT NO. C-95-989
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SAN JUAN CAPISTRANO
THIS AGREEMENT is made and entered into the If" day of (.l.ul~lflt
1995 by and between the Orange County Transportation Authority, 550 S. Main Street, P.O.
8 Box 14184, Orange, California 92613-1584, a public corporation of the State of California
9 (herein after referred to as "AUTHORITY"), and City of San Juan Capistrano, 32400 Paseo
10 Adelanto, San Juan Capistrano, California 92675 (hereinafter referred to as "AGENCY''}.
11 WITNESSETH:
12 WHEREAS, AUTHORilY has determined that AGENCY has met the requirements of
13 and is eligible under the Combined Transportation Funding Programs (CTFP} as specified
14 in the CTFP Manual and has approved AGENCY's project(s) specified in Exhibit A or the
15 most recent amendment thereto (hereinafter referred to as "PROJECT(s)") to receive funding
16 under the CTFP; and
17 WHEREAS, AUTHORITY has also approved AGENCY's project(s) specified in Exhibit
18 B or the most recent amendment thereto (hereinafter referred to as "PROJECT(s)") to
19 receive funding under the Bicycle and Pedestrian Facilities Program;
20 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and
21 AGENCY as follows:
22 1. AGENCY shall implement and complete PROJECT(s} funded under this
23 Agreement in accordance with the CTFP Manual, Bicycle and Pedestrian Facilities Manual,
24 and the AGENCY's PROJECT(s) application submitted to AUTHORITY and in accordance
25 with Exhibit A. "CTFP Program," Exhibit B, "Bicycle and Pedestrian Facilities Program," which
26 are attached to and, by this reference, incorporated in and made a part of this Agreement.
27
28
Page 1 of 3 ATTACHMENT 1 8[
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2
3 2.
• •
AGREEMENT NO. C-95-989
For AGENCY's full and complete performance in delivering PROJECT(s) under
4 this Agreement, AUTHORITY shall pay AGENCY in accordance with the project budget,
5 specified in Exhibit A or B of this Agreement, and the policies and procedures contained
6 in the CTFP and Bicycle and Pedestrian Facilities Manuals.
7 3. CTFP or Bicycle and Pedestrian Facilities funds expended by AGENCY on
8 activities other than those approved by the Authority's Board of Directors, which are
9 specified in Exhibit A and B, shall be returned to AUTHORITY within 30 days of
1 0 AUTHORITY's written order.
4. If AGENCY fails to implement and/or complete any PROJECT(s) in accordance
12 with article 1. of this Agreement and specifically in accordance with the approved project
13 description (i.e., all PROJECT(s) phases and activities must be completed by PROJECT(s)
14 close-out), unless otherwise agreed in writing by both AUTHORITY and AGENCY, the full
15 amount of funding programmed by AUTHORITY for such projects shall be returned to
16 AUTHORITY within 30 days of AUTHORITY's written order. AUTHORITY shall have sole
17 discretion in determining whether PROJECT(s) has been completed satisfactorily.
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 an audit
20 to ensure that CTFP policies and procedures were followed. Such audit shall be performed
21 within 90 days of AUTHORITY receiving the final report for each PROJECT{s). If the audit
22 determines that any of the activities performed are ineligible for CTFP funding, AGENCY
23 shall return the amount of funding used to perform ineligible activity to AUTHORITY.
24 This Agreement shall be made effective upon execution by both parties and shall
25 remain in effect until both parties agree to amend or terminate it. Amendments to Exhibit
26 A and Exhibit B will be made on a periodic basis and attached hereto by reference.
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Page 2 of 3
"''~-~"~-···················-··········-------------------
. ' • •
1 AGREEMENT NO. C-95-989
2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-95-
3 989 to be executed on the date first above written.
ORANGECOUNTYTRANSPORTATION AUTHORIIY
By Stan~%~ 4 AGENC~
5By ~~
Mayor Carolyn Nash 6 Chief Executive Officer
10 An::S TO f?:
11 ~~Lt.
7lz1hs-12
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Page 3 of 3
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CTFP Funding Allocations By City (As AdJusted by the January 1995 Semi-Annual Review)
04111/95
09:31:55AM
CITY
a ib
PROJECT
an Juan capist cammo Capistrano and Junipero Sierra
San Juan Capist Del Obispo and Aquacate Road Signal
San Juan Capist Ortega Hwy (Camino Capistrano to Del 0
San Juan Capist Ortega Hwy (Camino Capistrano to Del Ob]
San Juan Capisl Ortega Hwy (Camino Capistrano to Del Ob
San Juan Capisl Ortega Hwy (Camino Capistrano to Del Ob
San Juan Capisl Rancho Viejo Rd.MIIage Rd. Signal
San Juan Capisl Telecommutin!l Work Center
~ "' ,..,
"" H H
~
MASTBl.XlS
PHASEIROGRAM YEA~PROGRAMMED
d I 92193 I 93194 I 94195 I 95196 I 96197 I 97198 I 98199 f
GMA# 11
D GMA#11
C GMA#11
C MPAH
C MPAH
GMA#9
TCMITDM
$50,000
$62,739
$160,000 $62,739 $0 $0
$130,000
$30,000
$160,000
$373,290
$373,290
$370,000
$370,000
51126029
•
•
'
~ H to
::4
~
SUMMARY OF BICYCLE AND PEDESTRIAN FACIUTES PROGRAM FUNDS
I I FUND I PROGRAMMED I EXPIRATION
FY SOURCE AMOUNT DATE
SAN ,JUAN CApiSTRAIYO · . : .... . .. ·... : .. · .· : ... . ...... ·· .. ·
Bicycle and Pedestrian Program I 93194 I local I $8.791.151 Jun-96
Bicycle and Pedestrian Program I 94195 I local I $8,964.00 I Jun-97
•
•
AMENDMENT NO. 15 TO
AGREEMENT NO. C-95-989
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SAN JUAN CAPISTRANO
FOR
COMBINED TRANSPORTATION FUNDING PROGRAMS PROJECT
2
3
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5
6
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8
9 THIS AMENDMENT NO. 15 is effective this __ day of----· 2012, by and between
10 the Orange County Transportation Authority, a public corporation of the State of California (hereinafter
11 referred to as "AUTHORITY"), and City of San Juan Capistrano, a municipal corporation (hereinafter
12 referred to as "AGENCY").
13 WITNESSETH:
14 WHEREAS, by Agreement No. C-95-989 dated August 18, 1995, as last changed by
15 Amendment No. 14 dated October 14, 2008, AUTHORITY and AGENCY entered into an agreement
16 which determined that AGENCY was eligible to receive funding under the Combined Transportation
17 Funding Programs (CTFP) as specified in the CTFP Manual and also the Bicycle and Pedestrian
18 Facilities Program; and
19 WHEREAS, AUTHORITY is updating the audit language with no change to the maximum
20 cumulative obligation; and
21 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and AGENCY that
22 Agreement No. C-95-989 is hereby amended in the following particulars only:
23 1. Amend Item 5, page 2 of 3, lines 18 through 23, to delete in its entirety and replace with:
24 "5. Upon close-out of each PROJECT(s) under this Agreement and before final payment is
25 processed, AUTHORITY, or other agents of AUTHORITY, may perform a technical and or field review
26 to ensure that CTFP policies and procedures were followed. In addition, an independent audit may be
L:\CAMM\CLER1CAL\WORDPROC\AGREE\AMEND\AM1595989.DOC
Page 1 of 2 ATTACHMENT 2
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AMENDMENT NO. 15 TO
AGREEMENT NO. C-95-989
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-95-989 remains unchanged.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 15 to
Agreement No. C-95-989 to be effective as of the date first above written.
CITY OF SAN JUAN CAPISTRANO
By: -----------------------
Larry Kramer
Mayor
ATTEST:
By: -----------------------
Maria Morris
City Clerk
APPROVED AS TO FORM:
By: ------------------------
Hans Van Ligten
City Attorney
Dated--------------------
L:\CAMM\CLER!CAL\WORDPROCIAGREE\AMENDIAM1595989.DOC
ORANGE COUNTY TRANSPORTATION AUTHORITY
By:-------------------------
Meena Katakia
Manager, Capital Projects
APPROVED AS TO FORM:
Kennard R. Smart, Jr.
General Counsel
Page 2 of2
m
OCTA
BOARD OF DIRECTORS
ChrisNolby
Chairman
Peter Buffa
Vice Chairman
Jerry Amante
Director
Patricia Bates
Director
All Brown
Director
Bill Campbell
Director
Carofyn V. Ca~cche
Director
Richard Dixon
Director
Paul G. Glaab
Director
Cathy Green
Director
AT/an Mansoor
Director
John Moor/ach
Director
Janet Nguyen
Director
Curt Pringfe
Director
Miguel Pulido
Director
Mark Rosen
Director
Gregory I Winterbottom
Di'rector
CindyDuon
Govemor:S
Ex-Officio Member
CHIEF EXECUTIVE OFFICE
Mhur T. Leahy
Chief Executive Officer
October 14, 2008
Ms. Megan Monahan, MMC
City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Subject: Agreement C-95-989, City of San Juan Capistrano, "Combined
Transportation Funding Program" 'hi"
Letter Approval ·-cAmOnfm~ 'j w ·I~
Dear Ms. Monahan:
This letter agreement serves as the Orange County Transportation Authority's
(Authority) approval to amend Attachment No.1, "Active Project Lisf'. The Authority
is deleting the Exhibit, in its entirety, as identified in Amendment No. 13, and in lieu
thereof is inserting the revised "Combined Transportation Funding Programs (CTFP)
Active Project List", dated March 31, 2008 attached hereto as Attachment No. 1,
which is incorporated and made a part of the Agreement.
If you have any questions, you may contact Sarah L. Strader at 714-560-5633.
Sl~rely, p
en Perez, Man:~
Con acts and Procurements
c: Monica Giron, Project Manager
Accounting
Contract File
Enclosure
Orange County Transportation Authority
550 South Maih Street I P.O. Box 14184 I Orange I Califomia 92863-1584 I (714) 560-0CTA (6282)
ATTACHMENT 3
"' 0 0 N