Agenda Item A.9
CPMS CONSENT CALENDAR
Meeting Date: November 19, 2024
TO: Mayor and Councilmembers
FROM: Jaime A. Valdez, Assistant City Manager
CONTACT: Cassidy Le Air, Senior Management Analyst
SUBJECT: Amendment No. 3 to the Transit and Intercity Rail Capital Program Funding Agreement No. 2018 -123 with Santa Barbara County Association of Governments for the Goleta Train Depot Project RECOMMENDATION:
A. Authorize the Mayor to execute Amendment No. 3 to the Transit and Intercity Rail Capital Program Funding Agreement 2018-123 between the City of Goleta and the Santa Barbara County Association of Governments for the Goleta Train Depot Project, increasing the total funding available amount by $11,242 for a revised total amount not-to-exceed $17,811,242.
B. Approve a budget appropriation and grant revenue in the amount of $19,365.72 of Transit Intercity Rail Capital Program funding from the Santa Barbara County Association of Governments into Fund 321.
BACKGROUND:
In April 2018, the California State Transportation Agency (CalSTA) notified the Santa Barbara County Association of Governments (SBCAG) that SBCAG had been awarded $13,000,000 in funding as a result of submitting an application with the City of Goleta under the Transit and Intercity Rail Capital Program (TIRCP) for the Goleta Train Depot Project. On December 18, 2018, City Council approved a Transit and Intercity Rail Capital Program Funding Agreement No. 2018-123 (Agreement) between the City of Goleta and the Santa Barbara County Association of Governments a not -to-exceed amount of $12,200,000 (Attachment 4).
In January 2023, staff was notified of its successful co -application with SBCAG for an additional $5,560,000 in TIRCP Supplemental Funding to be matched by a $1,000,000 commitment of City funds. On June 20, 2023, Council approved Amendment No. 1 to the Agreement with the City of Goleta, extending the end of the term from June 30, 2023, to December 31, 2026 (Attachment 3). On March 19, 2024, Council approved Amendment No. 2 to the SBCAG TIRCP Agreement with the City of Goleta, extending the term from 1 Meeting Date: November 19, 2024
December 31, 2026, to December 31, 2027, and increasing the total funding amount by $5,600,000 for a new total amount not-to-exceed $17,800,000 (Attachment 2).
In July 2024, SBCAG notified the City that an additional $123,500 in TIRCP funding was available, totaling $14,858,500 for reimbursement in the project's construction phase. On July 16, 2024, City Council authorized a Construction Contract with Quincon, Inc. for the construction of the Goleta Train Depot. The report included a note of the pending increase in TIRCP construction monies available, with the formal amendment and appropriation pending Council approval at a later date.
DISCUSSION:
The Goleta Train Depot Project is currently in construction with an estimated completion date of March 2026. The purpose of Amendment No. 3 to the Agreement between SBCAG and the City of Goleta, provided in Attachment 1, is to increase the total reimbursement amount of $17,800,000 for a revised total not-to-exceed amount of $17,811,242 (Attachment 1). SBCAG staff took this same Amendment to its Board on October 22, 2024, on the Consent Calendar where it was approved.
FISCAL IMPACTS:
Amendment No. 3 reflects the revised not-to-exceed amount of $17,811,242 available for reimbursement, resulting in the below appropriation to expenditures and revenue . The total budget for the construction phase is $14,858,500, with a total TIRCP project cost of $17,811,242.
Account
Number
Account
Name
Current
Budget Appropriation Total
321-90-9079-44400 Grant Proceeds –State 14,839,134.28 19,365.72 14,858,500 321-90-9079-57071 Construction 14,839,134.28 19,365.72 14,858,500
ALTERNATIVES:
Council may choose not to authorize the Amendment, in which the City could not seek an additional $11,242 in reimbursement from SBCAG for the Goleta Train Depot Project.
LEGAL REVIEW BY: Megan Garibaldi, City Attorney
APPROVED BY: Robert Nisbet, City Manager
2 Meeting Date: November 19, 2024
ATTACHMENTS:
1. Amendment No. 3 to Agreement No. 2018-123 between Santa Barbara County Association of Governments and the City of Goleta
2. Amendment No. 2 to Agreement No. 2018-123 between Santa Barbara County Association of Governments and the City of Goleta
3. Amendment No. 1 to Agreement No. 2018-123 between Santa Barbara County Association of Governments and the City of Goleta
4. Agreement 2018-123 between the Santa Barbar a County Association of Governments and the City of Goleta
3 Attachment 1
Amendment No. 3 to Agreement 2018-123 between Santa Barbara County Association of Governments and the City of Goleta
4 TIRCP City of Goleta Train A03, Page 1 of 2
AMENDMENT NO. 3
to
AGREEMENT
between
SANTA BARBARA COUNTY ASSOCIATION OF GOVERNMENTS
and the
City of Goleta
The Agreement (hereinafter AGREEMENT) made by and between the SANTA BARBARA COUNTY ASSOCIATION OF GOVERNMENTS (hereafter “SBCAG”) and the CITY OF GOLETA (hereafter “CITY”), and collectively referred to as the “Parties” or individually as “Party” and executed on December 19, 2018, is hereby amended (“Amendment No. 3”) as follows:
1. EXHIBIT B “Payment Arrangements” Section “A” is deleted and replaced in its entirety with:
A. For reimbursement to be rendered under this AGREEMENT, CITY shall be paid a total contract amount, including cost reimbursements, up to but not to exceed $17,811,242.
Ratifications. The terms and provisions set forth in Amendment No. 3 shall modify and supersede all inconsistent terms and provisions set forth in the AGREEMENT, Amendment No. 1, and Amendment No. 2. The terms and provisions of the AGREEMENT, Amendment No. 1, and Amendment No. 2, except as expressly modified and superseded by this Amendment No. 3 are ratified and confirmed and shall continue in full force and effect, and shall continue to be legal, valid, binding, and enforceable obligations of the Parties.
Counterparts. This Amendment No. 3 may be executed in several counterparts, all of which taken together shall constitute a single agreement between the Parties. [This area intentionally left blank. Signatures on the following page.] Docusign Envelope ID: F49B5B1A-A28D-4825-B430-4B740E3EB861 5 Assistant City Attorney
Assistant City Attorney
Docusign Envelope ID: F49B5B1A-A28D-4825-B430-4B740E3EB861 6 Attachment 2
Amendment No. 2 to Agreement No. 2018-123 between Santa Barbara County Association of Governments and the City of Goleta
7 TIRCP City of Goleta Train A02, Page 1 of 2
AMENDMENT NO. 2
to
AGREEMENT
between
SANTA BARBARA COUNTY ASSOCIATION OF GOVERNMENTS
and the
City of Goleta
The Agreement (hereinafter AGREEMENT) made by and between the SANTA BARBARA COUNTY ASSOCIATION OF GOVERNMENTS (hereafter “SBCAG”) and the CITY OF GOLETA (hereafter “CITY”), and collectively referred to as the “Parties” or individually as “Party” and executed on December 19, 2018, is hereby amended (“Amendment No. 2”) as follows:
1. Section 4 “Term” is deleted and replaced in its entirety with:
The term of this Agreement is October 18, 2018, to December 31, 2027, unless earlier terminated.
2. EXHIBIT B “Payment Arrangements” Sections “A” and “B” are deleted and replaced in their entirety with:
A. For reimbursement to be rendered under this agreement, CITY shall be paid a total contract amount, including cost reimbursements, up to but not to exceed $17,800,000.
B. Reimbursement of costs shall be made upon CITY's satisfactory performance, based upon the scope and methodology contained in Exhibit A. Invoices submitted for payment must contain sufficient detail to enable an audit of the charges and provide supporting documentation if so specified in Exhibit A. CITY will submit claims for reimbursement to SBCAG quarterly for PROJECT costs incurred by CITY staff and consultants for all Preliminary Engineering/Environmental, Permitting, Final Design and Construction phases of PROJECT. SBCAG will seek reimbursement from the STATE for these costs under the terms of the Master Agreement and process CITY invoices within 30 days of receipt.
3. Section 33 “Master Agreement & Program Supplements” is deleted and replaced in its entirety with:
CITY agrees to all terms and conditions as set forth for SBCAG, as Recipient, in the Master Agreement No. 64SBCAGMA which is attached as Exhibit D and incorporated herein by reference to be managed by SBCAG.
Ratifications. The terms and provisions set forth in Amendment No. 2 shall modify and supersede all inconsistent terms and provisions set forth in the Agreement. The terms and provisions of the Agreement, except as expres sly modified and superseded by this Amendment No. 2 are ratified and confirmed and shall continue in full force and effect, and shall continue to be legal, valid, binding, and enforceable obligations of the Parties.
Counterparts. This Amendment No. 2 may be executed in several counterparts, all of which taken together shall constitute a single agreement between the Parties.
8
9 Attachment 3
Amendment No. 1 to Agreement No. 2018-123 between Santa Barbara County Association of Governments and the City of Goleta
10 DOCUMENT ROUTING AND APPROVAL FORM
Requires Council Approval:
☐NO
☐YES
Meeting Date:
Requires Vendor Set -up:
☐NO
☐YES
If no, Vendor Number:
Director Level Approval:
☐NO
☐YES
Site Authority:
Provide summary of agreement below:
Document Name and Type: Project Name :
Vendor Name:
Contact Person:
Address:
Phone Number:
Email Address:
Business License Number:
City Project Manager:
Contact Number:
Email Address:
AMOUNT NOT TO EXCEED : ON CALL SERVICES? : ☐NO ☐YES*
*On call s ervices require one spreadsheet to track multiple PO’s COUNCIL APPROPRIATION NEEDED : ☐NO ☐YES*
*May requ ire Purchasing Officer ’s override to input Requis ition
ROUTING PROCESS DESCRIPTION DATE INITIAL
Department Head
Initiation
Authority to initiate agreement
Risk Manager Staff to initiate review of insurance provision in agreement City Attorney Contract review/Approve as form
Finance Director,
Purchasing Officer
Funding Methods Approved/
Authorized, Purchase
Requisition reviewed.
Requisition Number:
Staff (DocuSign User) Staff routes agreement to vendor via DocuSign for electronic signature and requests Insurance documents.
Risk Manager Risk Management shall rate Insurance.
City Manager City Manager will approve and sign the agreement.
City Clerk City Clerk will approve and sign the agreement.
FINALIZED ON: INITIAL RESOLUTION NO
(IF APPLICABLE)
Staff Routing Agreement:
Contact Number:
Email Address:
Vendor Staff will route a fully exec uted copy of the agreement to the vendor.
BELOW FOR CITY CLERK PROCESSING ONLY
FILE NUMBER
Tuesday, June 20, 2023
000340
Amendment to delete and replace the "designated
representative," term and "immaterial amendments," allowing the the SBCAG's Executive Director, or designee authorization Amendment No. 1 to Agreement 2018-123 with SBCAG
Goleta Train Depot
SB County Association of Governments
Reimbursement agreement for up to $12.2M
Aaron Bonfilio
260 N. San Antonio Rd, Suite B Santa Barabara, CA 93110 Aaron [email protected]
Jaime A. Valdez
805-961-7568
[email protected]
Leonel Mendoza-Diaz
805-961-7558
[email protected]
N/A
DocuSign Envelope ID: 03CA3339-2CD3-4A13-818C-C4DA7AA1683B 6/26/2023
6/26/2023
6/27/2023
6/27/2023
6/27/2023
6/27/2023
6/28/2023
TIRCP City of Goleta Train A01, Page 1 of 2
AMENDMENT NO. 1
to
AGREEMENT
between
SANTA BARBARA COUNTY ASSOCIATION OF GOVERNMENTS
and the
City of Goleta
The Agreem
ent (hereinafter AGREEMENT) made by and between the SANTA BARBARA COUNTY ASSOCIATION OF GOVERNMENTS (hereafter “SBCAG”) and the CITY OF GOLETA (hereafter “CITY”) , and collectively referred to as the “ Parties” or individually as “Party” and executed on December 19, 2018, is hereby amended (“Amendment No. 1”) as follows:
1. Section 1 “Designated Representatives” is deleted and replaced in its entirety with:
Aaron Bonfilio at phone number 805-961-8920 is the representative of SBCAG and will administer this Agreement for and on behalf of SBCAG. Jaime Valdez at phone number 805-961-7500 is the authorized representative for CITY.
2. Section 4 “Term” is deleted and replaced in its entirety with:
The term of this Ag reement is October 18, 2018 to December 31, 2026 unless earlier terminated.
3. Section
34 “Immaterial Amendments” is added in its entirety with:
The parties agree that immaterial changes to the Agreement such as updating the Designated representative, addresses for notices, or other clerical error corrections which will n
ot result in a material change to the Agreement may be authorized by SBCAG’s Executive Director, or designee, in writing, and in accordance with Section 23.
Ratif
ications. The terms and provisions set forth in Amendment No. 1 shall modify and supersede all inconsistent terms and provisions set forth in the A greement. The terms and provisions of the Agreement, except as expressly modified and superseded by this Amendment No. 1 are ratified and confirmed and shall continue in full force and effect, and shall continue to be legal, valid, binding, and enforceable obligations of the Parties.
Counterpar
ts. This Amendment No. 1 may be executed in several counterparts, all of which taken together shall constitute a single agreement between the Parties. [This ar
ea intentionally left blank. Signatures on the following page.] DocuSign Envelope ID: 3C1B8EC1-F9EF-43A8-8694-DE7A3ACB8FA6 DocuSign Envelope ID: 03CA3339-2CD3-4A13-818C-C4DA7AA1683B 2018-123.1
12 TIRCP City of Goleta Train A01, Page 2 of 2
IN W
ITNESS WHEREOF, the Parties have executed this Amendment No. 1 to be effective on the date when fully executed by both Parties.
CITY OF GOLETA: SANTA BARBARA COUNT
ASSOCIATION OF GOVERNMENTS
By:_________________________________ By:_____________________________ Deborah S. Lopez
City Clerk
Jenelle Osborne
Chair, Board of Directors
Date:_______________________________ Date:___________________________ By_________________
_______________
Paula Perotte, Mayor
Attest:
Marjie Kirn, Executive Director
Clerk of the Board
By
:____________________________
APPROVED AS TO ADMINISTRATION:
By________________________________
Robert Nisbet, City Manager
APPROVED AS TO FORM:
Rachel Van Mullem
County Counsel
By:____________________________
Senior Deputy County Counsel
APPROVED AS TO FORM:
Megan Garibaldi
City Attorney
By:_________________________________
City Attorney
DocuSign Envelope ID: 3C1B8EC1-F9EF-43A8-8694-DE7A3ACB8FA6 For
DocuSign Envelope ID: 03CA3339-2CD3-4A13-818C-C4DA7AA1683B 6/28/2023
13 DocuSign Envelope ID: 03CA3339-2CD3-4A13-818C-C4DA7AA1683B 14 Attachment 4
Agreement No. 2018-123 between Santa Barbara County Association of Governments and the City of Goleta
15 16
17 18
19 20
21 22
23 24
25 26
27 28