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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) .. 1 2 3 4 5 6 7 • • 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[ 1 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. 27 28 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 13 14 15 16 17 18 19 20 21 22 23· 24 251 261 ~~~ Page 3 of 3 --------------············---------- 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 4 5 6 7 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ~ 24 ~: ' 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