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HomeMy WebLinkAbout15 - OCTA Amendment No. 15 to Coop Agmt�EWPORr CITY OF NEWPORT BEACH Chy CouncH Staff Report Agenda Item No. 15 November 27, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David Webb, Public Works Director 949- 644 -3311, dawebb @newportbeachca.gov PREPARED BY: Jamie Hook, Finance and Administrative Manager APPROVED: "p.—� 0.k/Irp TITLE: Orange County Transportation Authority Amendment No. 15 to Cooperative Agreement No. C -95 -985 ABSTRACT: The Orange County Transportation Authority (OCTA) wishes to update the audit language in Agreement No. C -95 -985 with no change to the maximum cumulative obligation of the Cooperative Agreement. RECOMMENDATION: Approve Amendment No. 15 to Cooperative Agreement No. C -95 -985 between the OCTA and the City of Newport Beach, and authorize the Mayor and City Clerk to execute the Amendment. FUNDING REQUIREMENTS: Funding for OCTA projects is included in the Capital Improvements Program budget presented to the City Council for approval annually. DISCUSSION: On May 24, 1995, the City entered into a Master Funding Agreement, known as Cooperative Agreement No. C -95 -985, with OCTA. The purpose of the Agreement was to define the roles and responsibilities of OCTA and the City with respect to the delivery and funding of projects in the OCTA- administered Combined Transportation Funding Program (CTFP). Twice a year, the City is asked to amend the agreement to update the status of active projects. I of 4 Orange County Transportation Authority Amendment No. 15 to Cooperative Agreement No. C -95 -985 November 27, 2012 Page 2 Amendment No. 14 was a Letter Agreement dated October 14, 2008, which served to amend Attachment No. 1, the "Active Project List' to the Combined Transportation Funding Program. Amendment No. 15 to the Agreement updates the audit language with no change to the maximum cumulative obligation. Attached is a copy of Amendment No. 15. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 1507099(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment). NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City k ouncil considers the item). Submitted i Public Works Director Attachment: A. Amendment No. 15 2 of t z 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 10 19 20 21 22 23 24 25 26 ATTACHMENTA AMENDMENT NO. 15 TO AGREEMENT NO. C -95 -985 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF NEWPORT BEACH FOR COMBINED TRANSPORTATION FUNDING PROGRAMS PROJECT THIS AMENDMENT NO. 15 is effective this _ day of , 2012, by and between the Orange County Transportation Authority, a public corporation of the State of California (hereinafter referred to as "AUTHORITY'), and City of Newport Beach, a municipal corporation (hereinafter referred to as "AGENCY'). WITNESSETH: WHEREAS, by Agreement No. C -95 -985 dated May 24, 1995, as last changed by Amendment No. 14 dated October 14, 2008, AUTHORITY and AGENCY entered into an agreement which determined that AGENCY was eligible to receive funding under the Combined Transportation Funding Programs (CTFP) as specified in the CTFP Manual and also the Bicycle and Pedestrian Facilities Program; and WHEREAS, AUTHORITY is updating the audit 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 -95 -985 is hereby amended in the following particulars only: 1. Amend Item 5, page 2 of 3, lines 18 through 23, to delete in Its entirety and replace with: "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 a technical and or field review to ensure that CTFP policies and procedures were followed. In addition, an independent audit may be G: \CAMtAICLERICAL \W OROPROC \AGREEV,MEtID�AM1695995.DOC Page 1 oft 3 of 1 z 3 4 5 6 7 9 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 � 24 25 26 1 AMENDMENT"W&HI"(9 AGREEMENT NO. C -95 -985 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 -985 remains unchanged. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 15 to Agreement No. C -95 -985 to be effective as of the date first above written. CITY OF NEWPORT BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY By: Nancy Garner Mayor ATTEST: By: Leilani I. Brown City Clerk APPROVED AS TO FORM: By: Aaron C. Harp City Attorney Dated Meena Katakia Manager, Capital Projects APPROVED AS TO FORM: By: " Kennard R. Smart, Jr. General Counsel O:ICAMMICLERICAL\WOROPROCIACREE W MENDNM1506005AOC Page 2 of 2 D 4 of