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.
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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
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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
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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
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